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2006 01 03 CC
6�1#6 4 64W adha City Council Agendas are Available on the City's Web Page @ www.la-quinta. org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting JANUARY 3, 2006 2:00 P.M. Beginning Resolution No. 2006-001 Ordinance No. 426 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES LA QUINTA. H City Council Agenda 1 January 3, 2006 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF DECEMBER 20, 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 JANUARY 3, 2006. 2. ACCEPTANCE OF A GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES AND INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL FROM THE GRIFFIN SADDLECLUB, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ASSOCIATED WITH THE GRIFFIN RANCH DEVELOPMENT, TRACT MAP NO. 32879. elf City Council Agenda 2 January 3, 2006 1- 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) 2006 ANNUAL CONFERENCE IN MONTREAL, QUEBEC, CANADA — MAY 7-10, 2006. 5. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 16 THROUGH JANUARY 22, 2006 IN THE COACHELLA VALLEY. BUSINESS SESSION CONSIDERATION OF AN AGREEMENT TO ENTER INTO A COVENANT TO OPERATE AND TO PAY COMPENSATION BASED ON SALES TAX REVENUE WITH COSTCO WHOLESALE CORPORATION IN CONSIDERATION OF COSTCO'S OPERATION OF A RETAIL SITE IN THE CITY OF LA QUINTA. A. MINUTE ORDER ACTION 2. CONSIDERATION OF CITY COUNCIL REORGANIZATION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF INVESTMENT ADVISORY BOARD APPOINTMENTS. A. MINUTE ORDER ACTION 5. CONSIDERATION OF CITY POLICIES FOR PUBLIC DISPLAY OF ARTWORK AND DONATION OF ARTWORK. A. MINUTE ORDER ACTION 6. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 425, 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 A. ADOPT ORDINANCE 425 ON SECOND READING City Council Agenda 3 January 3, 2006 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) 1 1 . PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. INVESTMENT ADVISORY BOARD MINUTES OF NOVEMBER 9, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT ON ACTION REGARDING THE EXPENDITURE OF PUBLIC FUNDS PERTAINING TO AN EMERGENCY CONTRACT FOR THE CONSTRUCTION OF THE SilverRock RESORT MOUNTAIN DRAINAGE IMPROVEMENTS. C. QUARTERLY MARKETING REPORT. 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE City Council Agenda 4 January 3, 2006 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 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. PUBLIC HEARING TO 1) CERTIFY AN ENVIRONMENTAL IMPACT REPORT, ADOPTION OF FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATION, ADOPTION OF A MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT REPORT; 2) SPECIFIC PLAN CREATING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 26.53 ACRE COMMERCIAL CENTER CONSISTING OF 233,439 SQUARE FEET OF RETAIL, OFFICE AND RESTAURANT BUILDINGS; AND 24 FOOT HIGH BUILDINGS IN THE HIGHWAY 111 IMAGE CORRIDOR AND A 37 FOOT HIGH BUILDING IN A COMMERCIAL PARK ZONE; 3) CONDITIONAL USE PERMIT FOR CERTAIN USES, INCLUDING A STORE OVER 50,000 SQUARE FEET IN A COMMERCIAL ZONE, A FUELING STATION, AND A TIRE INSTALLATION FACILITY; 4) SITE DEVELOPMENT PERMIT CONTAINING DEVELOPMENT PLANS FOR CONSTRUCTION OF A 149,739 SQUARE FOOT COSTCO WHOLESALE STORE AND A FOUR -BAY FUELING STATION; AND 5) A SUBDIVISION OF ± 26.53 ACRES OF LAND INTO FOUR COMMERCIAL LOTS FOR THE PROPERTY LOCATED SOUTH OF HIGHWAY 111 AND DEPOT DRIVE. APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS. A. RESOLUTION ACTION(S) �1 City Council Agenda 5 January 3, 2006 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on January 17, 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 January 3, 2006, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on Friday, December 30, 2005. DATED: December 30, 2005 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 6 January 3, 2006 COUNCIL/RDA MEETING DATE: January 03, 2006 ITEM TITLE: Demand Register Dated January 03, 2006 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR / STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated January 03, 2006 BACKGROUND: Prepaid Warrants: 66547 - 665641 143,876.26 66565 - 665681 13,266.11 66569 - 665931 268,879.05 Voids} (50.00) Wire Transfers} 286,780.40 P/R 33085 - 331021 158,464.81 P/R Tax Transfers} 27,561.56 Payable Warrants: 66594 - 667111 1,224,303.18 $2,123,081.37 FISCAL IMPLICATIONS: Demand of Cash -City $1,864,691.74 Demand of Cash -RDA $258,389.63 X�� John M. Falconer, Finance Director t I CITY OF LA QUINTA BANK TRANSACTIONS 12/15/05 - 12/28/05 12/15/05 WIRE TRANSFER - ICMA 12/16/05 WIRE TRANSFER - LANDMARK 12/16/05 WIRE TRANSFER - PERS 12/20/05 WIRE TRANSFER - VISTA DUNES $7,067.10 $224,735.27 $14,978.03 $40,000.00 TOTAL WIRE TRANSFERS OUT $286,780.40 Is F- LU F- Q n 00 Z a 1� ti M O ol O N In 00 00 O M N I� o J 01 O N N [V 00 CY, 10 0` ti J O N J 00 J J M M is -K -K -K -K -K -K is 0 ON 10 �O�WN1 i- M M M Ln O J 0" NJ N N W r-" N t- I,fh OMOOM 00 ONO 00 In in Fl-M In U 0`%Om M M Ln O In N Ln l- In It \0 r- titiNNO 00NN In In r-J00 v) 0000 0000 00 c-c- ONM a, 00 Nl�c---l��NJ O �. -W��nM C� r,: O, N O�O�C� JJ 0`O` 00 NN In Il-N J in JIl- 00N �a--J JN�nNO MI�MJ�MI �N 0000 1L0 O` \0� O`O` tit` JJ "Iro a- O NN c-Ml J 0000 JJI��OJ M M N N1 00mww N N N N N N N N N N N w NN N N N N N N N OON 10 10 c- M U 00 w MIM a0 M 10 In I I J I I I I Ln I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r l�O M M 10 \0 1O \0 10 10 10 �0 �O 10 10 10 �O �O �D 10 10 10 . 10 I 10 I I --0. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32879 is located south of Avenue 54 and west of Madison Street (Attachment 1). The developer was required by the Fire Department to provide a hammerhead turnaround at the end of Donnerail Court for turnaround purposes. Therefore, additional right-of-way, as described and shown on Exhibits A and B (Attachment 2), needs to be dedicated to the City. The Developer desires at this time to dedicate, by Grant of Easement (Attachment 3), the additional right-of-way to the City. s� S:''CityMgr,STAFF REPORTS ONLY',1-3-06,C1 TM 32879 ROW.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the grant of easement for public utility purposes and ingress and egress for service and emergency vehicles and personnel from The Griffin Saddleclub, LLC, a California limited liability company, associated with the Griffin Ranch Development, Tract Map No. 32879; or 2. Do not accept the grant of easement for public utility purposes and ingress and egress for service and emergency vehicles and personnel from The Griffin Saddleclub, LLC, a California limited liability company, associated with the Griffin Ranch Development, Tract Map No. 32879; 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. Exhibits A and B 3. Grant of Easement S:`,CityMgr`,STAFF REPORTS ONLY\1-3-06\C1 TM 32879 ROW.doc 2 ATTACHMENT 1 L z 0 w w z ow zow z ui :2 (n 0 V) HIGHWAY 111 DR. CARREON BLVD AVENUE 49 AVENUE 51 z� ow Z_ —� C w ui w z O V) 0 Q AVENUE 48 AVENUE 50 AVENUE 52 AVENUE 53 AVENUE 54 w V) o VV)) AIRPORT BLVD VICINITY MAP z 0 V) V 55 r0 3 ATTACHMENT 2 EXHIBIT "A" (LEGAL DESCRIPTION) EMERGENCY VEHICLE ACCESS AND PUBLIC UTILITY EASEMENT PARCEL "A" IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, - THENCE NORTH 02003'12" WEST A DISTANCE OF 4.24 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 02003'12" WEST A DISTANCE OF 39.64 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 87°56'48" EAST A DISTANCE OF 13.50 FEET TO A LINE THAT IS PARALLEL WITH AND 13.50 FEET EASTERLY OF SAID WESTERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 02003'12" EAST A DISTANCE OF 35.81 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 87056'48" WEST A DISTANCE OF 9.67 FEET; THENCE SOUTH 42056'48" WEST A DISTANCE OF 5.42 FEET TO SAID WESTERLY LINE OF SAID SOUTHEAST QUARTER TO THE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. �Np CONTAINING: 491 SQUARE FEET OR 0.011 ACRES, MORE OR LESS PAGE 1 OF 1 �Vv \ CHARLES Fl_ HARRIS REG EXP. 1Z os' NO.4989 ? 1 OF c A��� 4 EXHIBIT "B" EMERGENCY VEHICLE ACCESS AND PUBLIC UTILITY EASEMENT SEC. 15, T. 6 S., R. 7 E., S.B.M. W. LINE SE 1/4 NE 1/4 SEC. 15 L3 Rc PAR. 2 U2 rH T/2 SC HE T/4 SEC. W PARCEL •A• 491 SQ. FT. 0.011 AC. PAR. "A" SW COR. S. 1/2 OF THE N. 1/2 OF THE SE 1/4 NE 1/4 AVENUE 54 I I I I---I-- N LOCATION�i--' T rl� z o I I 0 Z----I-----�g-----IJ1LLi � I I � I I i ' I I I I AVENUE 56 (AIRPORT BLVD.) LINE DATA NO. BEARING LENGTH L1 N 02'03'12" W 4.24' L2 N 02'03' 12" W 39.64' L3 N 87'56'48" E 13.50' L4 S 02*03'12" E 35.81' L5 S 87'56'48" W 9.67' L6 IS 42-56'48" W 5.42' S. LINE S 1/2 N 1/2 SE 1/4 NE 1/4 A- N. LINE OF LOT 8 M.B. 235/40-41 L07 o MM VIRa IJVOo. 20760 H.S. LPL LAND S s\ R. yq G,A V � � d Di No. 4989 Exp. 12/31 /05 OF IDMSA CONSULTING, INC. MAINMRo, SMrrH & AssoCLATEs, INC. PLANNING ■ CIVIL ENGINEERING ■ LAND SURVEYING 34200 BOB HOPE DRIVE ■ RANcHo MIRAGE ■ CA 92270 TELEPHONE (760) 320-9811 ■ FAx (760) 323-7893 J.N. 1721 SHEET 1 OF 1 7) f ) 5 No Recording Fee Required Per Government Code Section 27383 ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Post Office Box 1504 La Quinta, CA 92253 DOCUMENTARY TRANSFER TAX $.................................................... SPACE ABOVE THIS LINE f-UK KLUUKUtK J U�>t .....Computed on the consideration or value of property conveyed; OR ..Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Griffin Saddleclub, LLC, a California Limited Liability Company hereby GRANT(s) to CITY OF LA QUINTA, a California Municipal Corporation, an easement for public utility purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, as described: SEE LEGAL DESCRIPTION PLATS, ATTACHED HERETO AS EXHIBIT A AND EXHIBIT B, RESPECTIVELY, AND INCORPORATED HEREIN BY REFERENCE Dated I "-) -Q 6 -- 0 - STATE OF CALIFORNIA } COUNTY OF r }ss. On Z_- 6- A i F-,—i i-L'i i personally appeared The Griffin Saddleclub, LLC, a California Limited Liability Company BY: McComic Consolidated Inc. a California Corporation before me, personally known to me (or -proved -to me -on -the -basis -of —satisfactory auidence}to be the persons) whose name(s)-isixe-subscribed to the within instrument and acknowledged to me that he/shetthey-executed the same in his/her/their authorized capacity(ies), and that by his/her/their signa- ture(s} on the instrument the person(s)- or the entity upon behalf of which the person(&) -acted. executed the instrument. WITNESS my handofflcial seal, Signature , � j,1'i l ( l,, MAIL TAX STATEMENTS TO: ITS: Manager- BY: J es Wait, COO/Treasurer JENNA B. MCFARLANO Commission # 1532265 j#M Notary Public - California San Diego County y Comm. Expires Dec 5, 2(08 (This area for official notarial seal) C. �z u_ cF OFTNFO COUNCIL/RDA MEETING DATE: January 3, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: By North American Elite Insurance Company — Date of Loss: May 25, 2005 STUDY SESSION: PUBLIC HEARING: e e In llrw IM n TI r%rtI. Deny the Claim for Damages filed by North American Elite Insurance Company, with a reported date of loss of May 25, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $ 110,000.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by North American Elite Insurance Company with a reported date of loss of May 2.5, 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: Deny the Claim for Damages filed by North American Elite Insurance Company with a reported date of loss of May 25, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, t John RL ers n I isk Manager Approved for submission by: omas P. Genove'se, City Manager Attachment: 1 . North American Elite Insurance Company, Claim for Damages �J v '01 FILE WITH: ,C 'J CITY CLERK'S OFFICE S City of La Quinta 1504 P.O. Box La Quinta, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY ATTACHMENT 1 RESERVE FOR FILING STAMP CLAIM NO RECEIVED INSTRUCTIONS 2005 O U 22 A M 1131 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 911.2.) CITY F LA QUINT A 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code §911.2.) CITY C ERK'S OFFICE 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, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] C j oi= Name of Clakant Home Address of Claimant P- 0. -E30x 17 0 Business Address of Claimant v jfft City and State SA ^;Al Gig v Z� C4 ��V60 City and State Give address and telephone number to which you desire notices or communications to be sent regarding claim: Date of Birth of Claimant: Occupation of Claimant Tiv St air CC /?,✓- )Pee Home Telephone of Claimant ?3i) (ail— Business Telephone of Claimant g.?) ) to '�- ) - (�' o 3�'q Claimant's Social Security No.: When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: 2 3 O f Time: _ 7 �'1-� % •',r Iq � Z — r� I l< f? 2/9 ✓v�l /`� 2 _ If Claim is for Equitable Indemnity, give date _ 1 '� C b y�y�� N �� S(I7 Y' C claimant served with the complaint c L t Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet Where appropriate, give street names and address and measurements from landmarks; J tl �� C�--1%? A-c �t - � C4 ?-a2l JY Describe in detail how the DAMAGE or INPRY occurred. Why do you claim the city is responsible? ✓��I-V/ S C A/ 1�c w w C ovv �124 c l Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE DATE PREPARED: 07 06 05 FWGIDENT REPORT-, R TV -pp QUIP nnr rnr-ry c. F71 TT TTTT A T I-1 [vT TTTT r� yyu\ilicu. lJ JvrrLl'Iv1G1V1t1L 1. FILE NUMBER LA OS 174 023 2'DATFt / TIIytEREPORTID OG2305"�1130 3; DATE! TIME Y SSI('NED 6623051 DAZE I TIME Ii IV START 5 DA] EJ TIIv1E INV TERM; s. 6-A t ARR 7. Juv ARR 1130a a. , , 062305. /.110 062305 ./13� 0 0 8. OFFENSES - CODE SECTION CRIME 594 P.C. Vandalism COUNTS 9. EDP CODE 01 23M4-F 10. OFFENSES - CODE SECTION (Add or Change to) CRIME COUNTS 11 ]. EDP CODE 12.OFFENSES -CODE SECTION (Add or Chaa¢e to) CRIlvfE COUNTS 13. EDP CODE 14. LOCATION OF OCCURRENCE 49995 Park Street, La Quinta 15. REP. DISTRICT 909-M 16. OCCURRED ON- DATE / TIME 17. OR BETWEEN DATE / TIME 052505 2020 hrs. 18. BUSINESS NAME Boys And Girls Club Of The Coachella Valley 19. BUSINESS PHONE 564-5555 20. CASE STATUS / CLEARANCE OPN/CC1 VICTIM - REPORTING PARTY - WITNESS - OTHER: ®See Additional Persons R rti 22. NAME (Last First Middle) 23. SEX 24. RACE 25. DOB v 3xtg �y rr - �gp EIS " 31 SKIN #18 , 32. RESIDENCE ADDRESS CITY ZIP 33. RES. PHONE #14 #19 34. BUSINESS ADDRESS CITY ZIP 35. BUS. PHONE ., 37. NAME (Last First Middle) 39. SEX 39. RACE 40. DOB - dtEP;, Horvitz, Dodie 47.RESIDENCE ADDRESS CITY ZIP 48. RES. PHONE 49. BUSINESS ADDRESS CITY ZIP 50. BUS. PHONE 78495 Calle Tampico (Community Services Director) La Qwnta 92253 777-7032 SUSPECT: I-] Ad„lt M h,venile �w� r "Si i�uq�d z _ _ _ 52. NAME (I,att First Middle) __..__. 53.3E0! 4 54. RACE �„�� �,uuiuvuar 55. f=56_AGE rc,wrrs 1cG I 57. HT n 58. WT UiiKKCJ1C1! 59. HAM60. EYES 61. SKIN 62. DRIVER'S LICENSE NUMBER / ID 63. STATE 64. SOCIAL SECURITY NUMBER 65. MNI NUMBER 66. CII NUMBER 67. RESIDENCE ADDRESS CITY ZIP 68. RES. PHONE 69. BUSINESS ADDRESS CITY ZIP 70. BUS. PHONE 71. JUVENIIE DISPOSITION [ ]Other Jurisdiction [ ] Juvenile Court Probation [ ] Within 72. GANG DATA Department. [ ] Detained [ ] Not Detained 73. TATTOOS/ SCARS / MARKS / t 'LOTHING DESCRIPTION Gang Name(s): ..; , Air `_ Wavol ON � ; ete Self �`b`�e toms '��hee�Pa�,�ri��n�, ❑M;; ember ❑Associate ❑Sef Admit❑Prior Knowledge TATTOOS/SCAR ❑Face ❑Neck ❑ R. Arm ❑ L. Arm ❑Hands ❑Torso El Back [I Legs- v iujjuk__I lr.: I IREFF,R TO C.'FFP I Rn Fni2M Tinp a rnT WNT IMV. ,�r. c74 INVL 75. LICENSE 76. STATE 77. YEAR 78. MAKE ;8] T�7tE y�AL'O�/AUE 79. MODEL 80. BODY 82. COLOR / COLOR 83. VIN# 84. OTHER IDENTIFIERS 85. DISPOSTION OF VEHICLE 86. R/O 87. ADDRESS CITY STATE ZIP 88. PHONE ❑ PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED, 89. DAMAGED PROPERTY VALL;F, o y OR DAMAGED PROPERTY $ REPORTING OFFICER Celaya OFF. ID 2955 VIEWED BY / DATE ENTERED BY / DATE APF SENT 4 l t1PR CANCELED -I as a COPIES TO CICCANC FILE NUMBER LA 05 174 023 F_JDITIONAL PERSONS REPORT RIVERSIDE COUNTY SHERIFF CA0330000 VICTIM - REPORTING PARTY - WITNESS - OTHER ® INITIAL ❑ SUPPLEMENTAL 0✓ ; �1 2 NAME (Last, First Middle) 3. SEX 4. RACE 5. DOB -u'r'.3 . s-ti, w rA�� +Tr°` 7k7 ads m. is- z• `=H t.- a+ s d BLS � .I.+^ -`w••S r. 11 °s1cW� r. O Dep. Wedertz #2346 N NINON aw 12. RESIDENCE ADRESS CITY ZIP 13. RES. PHONE 14. BUSINESS ADDRESS CITY ZIP 15. BUS. PHONE 82695 Dr. Carreon Blvd. Indio 92201 863-8990 ZIP 9-ppq P 29. BUSINESS ADDRESS 79495 Calle Tampico CITY La Quints ZIP 92253 30. BUS. PHONE 777-7032 2 32. NAME (Last, First )viddle) 33. SEX 34. RACE 1. DOB M .". Mckenna-Walsh, Sean, Thomas M W 070987 42. RESIDENCE ADDRESS CITY ZIP 43. RES. PHONE 80312 Jasper Park Indio 92201 360-9094 44. BUSINESS ADDRESS #29 CITY ZIP 45. BUS. PHONE #30 tevens, Neal (Fire Inspector) • 1 n:l rr• wl• BUSINESS59rr• 44555 Adanis Street• 1 •. nl 1 Of • Quinta I• 1 .1 BUS. PHONE .• 27 1 Williams111TonyN NI ©© DO eyy 6 bF¢xy"C-r k @&�� _ � t r.'� K `TE.•Fr s . • • � . a 1• r r' 1' • 74. BUSINESS1rr• 42600 Cook Street, Ste. 120 Palm Desert 92211 564-5555 7. RESIDENCE ADDRESS CITY ZIP S& RES. PHONE 89. BUSINESS ADDRESS 49995 Park Avenue CITY ZIP 90. BUS. PHONE La Quinta 92253 564-5555 �-•�q � 92. NAME (Last First Middle) TrelaL Mark 93. SEX 94. RACE 95. DOB M 7; S r 4-00 W 09/20/59 102. RESIDENCE ADDRESS CITY ZIP 103. RES. PHONE 104. BUSINESS ADDRESS 558 Industrial Place (Desert Fire Company) CITY ZIP Palm 105, BUS. PHONE Springs 92263 799-7093 :.F..s.Y6lr.rtJ l Ob 107. NAME (Last. First. Middle) lOB.SEX 109.RACE 110. DOB a2a2�� 1@ VFI�IR ' 15 E�YES;y Y]6SRIN °•!WYl Ft'c}< i • 7 °+h�._I'- zc Y�....: Li: t .M... �- r .lif� c �: r a .,.. 117. RESIDENCE ADDRESS CITY ZIP 118. RES. PHONE 119. BUSINESS ADDRESS CITY ADPERS Q �. J tiJ FIJ LAD5u 17 x4 023 ONTINUATION PAGE PAGE C j OF ova LA.OS DETAILS: Deputy Wedertz and I are currently assigned to the La Quinta Special Enforcement Team. Lieutenant Navarro advised us that we needed to attend a meeting with Community Services Director, Dodie Horvitz. The meeting was scheduled to occur on 06/23/05 at 0830 hours. The meeting is reference a flooding that occurred on 05/25/05 at the Boys and Girls Club Gym in La Quinta. Horvitz was meeting with the two city employees to find out further information about the incident. On Thursday, June 23, 2005 at 0830 hours, Deputy Wedertz and I met with Horvitz advised that she was meeting with two of her employee's who might have knowledge reference a flooding that occurred at the Boys and Girls Club located at 49995 Park Street in La Quinta. The flooding occurred on 052505 at 2020 hours and the water damage totaled $126,000.00. Horvitz advised us that the city and the Boys and Girls Club have an agreement to use the gym for general public recreation during the hours of 1930 and 2200. They have two city recreation employees assigned to the Boys and Girls Club during those hours. The employees were Anthony Caputo and Sean McKenna -Walsh. Anthony Caputo arrived at city hall and we advised him that we needed to speak with him reference the water damage that occurred at the Boys and Girls Club. Anthony agreed to speak with us and he told us the following: About 1930 hours, he arrived at the Boys and Girls Club and noticed several people already inside of the gym playing basketball. He didn't think much about it because every time he arrives at the location he usually finds several people inside the gym. The people enter through a double door that is located to the southwest corner of the gym. The door doesn't lock properly and it can be opened by pulling hard on it. Sean McKenna arrived a short time later and they began to sign people up to use the gym. Around 2030 hours he heard the fire alarm turn on and they began to walk the area and they checked for a fire. He didn't notice any fire, but he noticed a large amount of water coming from under the double doors to the mat room. Sean was standing next to him and they opened the doors. He noticed one of the ceiling fire sprinkler heads was spraying a large volume of water to the ground. Sean told him he was going to dial 911 for the fire department to arrive. While Sean was dialing 911 he began to evacuate the people inside of the gym. The fire department arrived and they turned off the water at the main valve. He didn't notice anyone inside the mat room when he first arrived and wasn't watching that room at all times. He had no idea what or who could have caused the damage to the sprinkler head. I asked Anthony if he or any of his friends play Lacrosse. Anthony told me he and his friends are Lacrosse players. I asked Anthony if he or anyone of his friends brought a Lacrosse stick that day. Anthony told me no one had a Lacrosse stick that day because they were warned a couple of weeks before the incident not to bring any Lacrosse sticks. The person that warned them was their immediate supervisor, Kristin. Deputy Wedertz and I then spoke Sean McKenna -Walsh and advised him that we needed to speak with him reference the water damage that occurred at the Boys and Girls Club. Sean agreed to speak with us and he told us the following: About 1945 hours, he arrived at the Boys and Girls Club and he began to assist Anthony in signing people in to use the gym. About an hour later he heard the fire alarm turn on and he went to the fire alarm panel. He noticed the message on the panel read, "Unknown Trouble." He and Anthony began to check the area for fire and they noticed a large amount of water coming from under the double doors to the mat room. They opened the door and he immediately noticed one of the fire sprinklers was shooting a large amount of water towards the flooded ground. He dialed 911 and called the fire department for assistance. They began to clear the gym and waited for the fire department to arrive. When the fire department arrived they turned off the water to the building. He was advised by the fire department that the fire sprinkler was damaged. He had no idea what or who could have caused the damage to the sprinkler head. Ugg�= CONTINUATION PAGE PAGE a OF o'� I asked Sean if he or any of his friends play Lacrosse. Sean told me he and his friends are Lacrosse players. I asked Sean if he or Anthony brought a Lacrosse stick the day of the incident. Sean told me he didn't bring a Lacrosse stick that day because about week before the incident he and Anthony brought Lacrosse sticks to the gym, but they were told by their supervisor not to bring them anymore. I contacted the La Quinta Fire Station on Avenida Bermudas and asked about the incident that occurred at the Boys and Girls Club in La Quinta. I was instructed to speak with California Department of Forestry Fire Inspector Neal Stevens. I contacted Stevens and advised him that I needed information about the water damage that occurred at the Boys and Girls in La Quinta. Stevens told me the following: On 05/27/05 he was advised of the situation that occurred at the Boys and Girls Club. He went to the location and was told that the incident was caused by either a stick or a ball. He checked the location and noticed the sprinkler system had not been inspected for over five years. He didn't see the damaged fire sprinkler head. He was advised the sprinkler head was replaced by Desert Fire Company of Palm Springs. On 06/24/05 at 1000 hours, I spoke with the Boys and Girls Club of La Quinta Unit Director, Tony Williams. I advised Tony I was investigating the water damage that occurred at the location. Tony told me the following: On 05/25/05, about 2100 hours he received a phone call from one of his employees advising him that the gym floor had sustained major water damage. The water damage was caused by a broken fire suppression sprinkler head located in the mat room of the gym. The total dollar amount for the water damage is $132,000.00. When he arrived he had Desert Fire Company respond to the location to repair the damaged sprinkler line. Mark Trelak from Desert Fire responded and he told Tony that the sprinkler was bent about 90 degrees. The free flowing wooden gym floor was bowed and warping on a large section of the southeast corner of the floor. The floor would have to be completely replaced due to not being able find a matching wood color. He didn't know who or what damaged the sprinkler head, but he heard that the damage was possibly caused by a Lacrosse stick. He didn't witness the incident, but he provided me with a list of people that advised him that they were present when the incident occurred. He also advised me his Teen Supervisor, Terrell Williams, was the last person to leave the club that day of the incident. Tony desired prosecution against those responsible for breaking the sprinkler head and causing the major water damage. I asked Tony if he was aware of double doors that can be pulled open even when locked. Tony advised me he knew of only one set of doors that are located on the southwest corner that they have had problems with it and are currently trying to fix the problem. I asked Tony if he didn't mind showing me the door. Tony showed me the southwest double doors and he closed them. He pulled on one of the doors and the door opened with a hard pull. Tony provided a list of people he wanted me to speak with. I spoke with Terrell Williams and he told me the following: On 05/25/05 about 1930 hours, he began to check the gym to make sure no one was inside. After noticing no one was inside the gym he left the location and secured the front double doors. When he was leaving that evening he didn't see anyone from the city out in the parking lot and has noticed on several occasions the city recreation employees have arrived about 30 minutes to an hour late. He has also noticed that the city employees don't sign up everyone that enters the gym. I asked Terrell if there was a possibility that someone could have entered the building after he th location. Terrell told me someone could have entered the gym after he left because CCT ANAA — , � — RIGnot locking properly. This report will remain open continued pending further investigation and interviews. i7� NLJMBER.O� 74 023 STATUS: OPN/CC 1 CONTINUATION PAGE PAGE ot'O�Ft ORIGIN, RL JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain.lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys.and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2004 to June 3 0, 2005, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday 9:00 a.m. - 9:00 p.m. S:/Community SmicesBoys & Girls Club Agreement 2003-04 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. S:/Community Services/Boys & Girls Club Agreement 2003-04 1.3 Reserved Areas. the Club's office. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 30, 2004, October 22, 2004, January 20, 2005 and April 14, 2005 for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial- and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use Reciprocal Indemnity for Invitee's, Employee's S:/Community Services/Boys & Girls Club Agreement 2003-04 r or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, 2004 - August 27, 2004 Monday through Friday 7:30 - 5:30 p.m. September 7, 2004-December 17, 2004 Monday through Friday 2:00 - 7:30 p.m. December 20, 2004-December 31, 2004 Monday through Friday 7:30 - 5:30 p.m. January 3, 2005 - June 10, 2005 Monday through Friday 2:00 - 7:30 p.m. June 20, 2005 - June 30, 2005 Monday through Friday 7:30 - 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal (Not Applicable to this Agreement) 2.3 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. 2.4 Licenses, Permits, Fees and Assessments. Club 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. The Club 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. ' SACity Clerk\Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 30, 2004 $7,500 October 22, 2004 $7,500 January 20, 2005 $7,500 April 14, 2005 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Maieure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2004 through June 30, 2005. 5.0 COORDINATION OF WORK 5.1 Representative of Club The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: S:\City Clerk\Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc W a. Jim Ducatte, Executive Director b. Brian Harnik, President C. Judy Vossler, Vice President d. Larry Schank, Treasurer C. Mike Way, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club 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 the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 . INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims. for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attomeys' fees, for injury to or death of person(s) ; for damage to property and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. S:\City Clerk\Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club 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: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof 3. 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 the Club'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 the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports., The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2005 and June 15, 2005. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. SACity Clerk\Ageements.Con tracts\Boys & Girls Club Agreement 20na-15 Final Version.doc ` I 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement 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 the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 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 the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or 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. 8.5 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. 8.6 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. 8.7 Liquidated Damages. (Not Applicable to this Agreement) 8.8 Termination Prior To Expiration Of Term This section shall govern any S:\City Clerk\Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc termination of this Agreement, except for termination by the City 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 the Club. 8.9 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 from the losing Party. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, 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 Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 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 Club 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. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to, insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any 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: To Club: CITY OF LA QUINTA COACHELLA VALLEY BOYS 78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT La Quinta, California 92253 42-600 Cook Street, Suite 120 Attention: City Manager Palm Desert, California 92211 �I SACity Clerk�Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc 10.2 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. 10.3 Amendment. This Agreement maybe amended at anytime by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severabilitv. 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. 10.5 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. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. SACity Clerk\Agreements.Contracts\Boys & Girls Club Agreement 2004-05 Final Version.doc CITY OF LA QUINTA, a California Municipal Corporation Dated: By: DON ADOLPH, Mayor ATTEST: JUNE S. REEK, City Cl rk APPROVED AS TO FORM: 1 --_ M. KA HE JENSO ity Attorney J Dated: "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: f (j ? �f By: N ��1 Name: Title: 0 N't- "CLUB" S:\City Clerk\Agreements.ContractsToys & Girls Club Agreement 2004-05 Final Version.doc AMENDMENT NO. 1 TO LEASE AGREEMENT THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT ("Amendment No. 1") is entered into this 1st day of June 2004, by and between the CITY OF LA QUINTA, a California municipal corporation ("Lessor"), and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY ("Lessee"), a California non-profit organization. RECITALS WHEREAS, Lessor and Lessee entered into a Lease Agreement dated February 4, 1992 ("Lease"), whereby Lessor agreed to lease to Lessee that parcel of real property described in Exhibit "A" thereto ("Premises"); WHEREAS, the parties hereto agree to modify the Lease in order to allow Lessor to construct a building on the Premises for use by Lessor, as more fully described in this Amendment No. 1; and WHEREAS, Lessor and Lessee desire to have Lessor install an air conditioning unit in the existing gymnasium portion of the Premises. NOW, THEREFORE, in consideration of the above recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AMENDMENT 1. The Lease is hereby modified to allow Lessor to construct an additional building on the Premises ("Lessor Improvement"). Lessor Improvement shall be constructed on the real property legally described in Exhibit "1" attached hereto and shown on the map attached as Exhibit "2." 2. Lessor shall be responsible for design and construction of the Lessor Improvement ("Construction Work"). Lessee acknowledges and agrees that, as demonstrated on Exhibit "2," the Lessor Improvement will share a common wall with Lessee's existing improvements on the Premises. 3. Notwithstanding any provision of the Lease, said Lessor Improvement shall be the sole and exclusive property of Lessor. Accordingly, the term "Premises" as defined in Section 1.1 of the Lease is hereby modified to exclude both the real property described in Exhibit "1" and the Lessor Improvement constructed thereon. Lessor shall be responsible to maintain the Lessor Improvement. 975/015610-0002 474935.03 a06/07/04 4. Lessee understands that the Construction Work may temporarily interfere with Lessee's activities on the Premises, and Lessee hereby consents to the Construction Work and grants Lessor and its contractor the use of the Premises necessary to complete the Construction Work. Lessor agrees to make all reasonable efforts to minimize any such interference. 5. The Lessor Improvements shall be for the sole use of the Lessor and Lessor's employees, invitees, designees or assigns (collectively, "Lessor Improvement Users"). Lessee grants to Lessor's Improvement Users the right to all necessary and convenient ingress and egress from and to the Lessor Improvement, including use of the parking lot on the Premises. 6. Lessee shall purchase and install, at Lessor's expense subject to the cap set forth herein, air condition units as more specifically described in Exhibit "3" ("Air Condition Units") to service Lessee's gymnasium on the Premises within two (2) months of the execution of Amendment No. 1. Lessor shall reimburse Lessee for the costs of this purchase and installation promptly upon the submission of satisfactory documentation of the expenses. The total amount to be reimbursed by Lessor to Lessee shall not exceed One Hundred Thousand Dollars ($100,000.00), without the prior approval of the City Council. The Air Condition Units shall be considered Improvements for purposes of the Lease. Pursuant to Section 2.1 of the Lease, the Air Condition Units shall become part of the Premises for the term of the Lease and shall be surrendered therewith at the end of the Term or sooner termination of the Lease. The Air Condition Units shall be maintained by Lessee in accordance with Sections 6.1 and 6.2 of the Lease. 7. The person executing this Amendment No. 1 on behalf of each party warrants that he/she is duly authorized to execute and deliver this Amendment No. 1 on behalf of the respective party for which he/she signs and, by so executing this Amendment No. 1, such party is bound by the provisions of this Amendment No. 1. 8. If any term, provision, covenant or condition of this Amendment No. 1 is held to be invalid, void or otherwise unenforceable to any extent by any court of competent jurisdiction, the remainder of this Amendment No. 1 shall not be affected thereby, and each term, provision, covenant, or condition of this Amendment No. 1 shall be valid and enforceable to the fullest extent permitted by law. 9. This Amendment No. 1 constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, whether oral or written, are hereby superseded and merged herein. 10. This Amendment No. 1 may be executed in two or more counterparts, each of which together shall constitute one and the same document. 11. Lessor reserves the right to terminate this Amendment No. 1 if it determines not to proceed with the construction of the Lessor Improvement. In the event of termination, the Lease shall remain in full force and effect as it existed prior to this modification. If it elects to terminate in accordance with this section, Lessor shall give Lessee written notice. ;O 975/015610-0002 474935.03 a06/07/04 12. Except as specifically expressed herein, all other terms, conditions and provisions of the Lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Amendment No. 1 on the dates set forth below. "Lessee " Boys and Girls Club of Coachella Valley, a non-profit organization f By: Its: R�_ 0FF,(i. Date: "Lessor" City of La Quinta, a California municipal corporation By: k Its. ✓iJ✓- 0) �e6 ``� Date: N fo� APPROVED AS TO FORM: By: 2 C-� M. Kath rine Jenson, /yA___ttomey ATTEST: 1-N June . Greek, City Clerk 975/015610-0002 474935.03 a06/07/04 witvl 4 �Qu4iArw COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Authorization for Overnight Travel for the Finance Director to Attend the 2006 Government Finance Officers Association (GFOA) Annual Conference in Montreal, Quebec, Canada, May 7 — 10, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: Y_ STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Finance Director to attend the three-day 2006 Government Finance Officers Association (GFOA) Annual Conference in Montreal, Quebec, Canada, May 7 — 10, 2006. FISCAL IMPLICATIONS: Costs associated with attending the Conferencewill befunded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01. This conference was budgeted in the 2005/2006 Fiscal Year Budget at $2,500. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 310 • Travel 700 • Lodging/Meals 1,490 Total $ 2�500 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The three-day 2006 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 77 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for the Finance Director to attend the three-day 2006 Government Finance Officers (GFOA) Annual Conference in Montreal, Quebec, Canada, May 7 - 10, 2006; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the three-day 2006 Government Finance Officers (GFOA) Annual Conference in Montreal, Quebec, Canada, May 7 - 10, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: (Thomas P. Genovese, City Manager Attachment: 1 . Conference Material 2 r „o Government Finance Officers Association May 7-10, Zoos d® JILIA lot W. / .� P: i �"�' Canada At the 2006 Montreal conference you will have the opportunity to: ■ Learn: Join industry leaders, cutting -edge theorists, and like-minded professionals to explore the challenges in public -sector finance today. N Grow: Attend preconference seminars, listen to dynamic speakers, and participate in a broad range of concurrent sessions and discussion groups to find the tools, strategies, and answers you need for improved job performance. 0 Succeed: Network with colleagues from across the continent and from around the world. And because it's our anniversary, you will also have the opportunity to: to Celebrate: GFOA has been serving public -sector professionals for 100 years. We plan to honor the event with a celebration truly worthy of the occasion. See you in Montreal! Be Prepared! Sustaining Business Operations in the Wake of a Disaster Recent events have underscored the critical nature of emergency pre- paredness and business continuity planning. State and local govern- ments provide services that are essential to public health and safety and to the protection of property. As such, they must be able to con- tinue operations following a natural disaster, terrorist attack, or tech- nology failure. In this seminar, experts will walk attendees through the steps required to develop, test, and maintain a plan for continuing operations during and immediately following a disaster. Special emphasis will be placed on the financial management ramifications of emergency preparedness and business continuity planning. Full -day Seminar 1 Friday, May 519 a.m.-5 p.m. I8 CPE credits Technologies for Government Transformation: ERP Systems and Beyond technology continues to be a key enabler of government transforma- tion. Governments of all types and sizes are using technology to improve the efficiency of back -office operations, make doing business with government easier and more convenient, facilitate communica- tion with citizens and other stakeholders, and otherwise enhance the delivery of government services. This seminar will look at some of the most exciting new technologies in the government arena, using case studies to show how these technologies have been deployed, the extent to which they have succeeded in bringing about service improvements and internal efficiencies, and the costs involved. Business Writing for Finance Officers Today's world demands that finance officers at all levels have the ability to write well. Whether you're composing a budget message, a memo to your hoss, or a simple e mail to a co-worker, you must be aware of your purpose and know how to communicate your message in a manner that will be clearly understood by your audience. Good writing is hard work, even for the most skilled writers. But anyone can improve their writing skills by learning a few simple principles. This seminar will empower you to write and design top-notch business documents of all types. Half -day Seminar l Saturday, May 611 p.m. 5 p.m. 14 CPE credits Canadian Day This year's 100th annual conference in Montreal will offer an unprecedented opportunity for public finance professionals from across Canada to gather together to explore issues of common con- cern from a specifically Canadian perspective. The forum for this unique sharing of ideas and experiences will be the GFOA's first -ever "Canadian Day," scheduled for Saturday, May 6, 2006. A key theme of the day will be how to meet the financial challenge posed by aging and deteriorating infrastructure. Speakers and panelists will include a rich cross section of Canadian public finance professionals, including the Auditor General of Canada, as well as representatives from the United Kingdom. While advance registration is required, there is no extra charge for those who are already registered for the annual con- ference. Half day Seminar 1 Friday, May 5 l 1 p. m.-5 p. m. 14 CPE credits Full -day Seminar I Saturday, May 619 a. m.-5 p. m. l8 CPE credits Performance Measurement: Focusing on Outcomes and Integration Balanced scorecard. Six sigma. Business intelligence. Performance budgeting. Business analytics. Process improvement. Enterprise planning. ISO. The list of management tools available to government finance officers today is dizzying and seems to be growing daily. Yet there is a common thread running through all of these approaches — a focus on outcornes and integration with core man- agement systems. This seminar will identify the char- acteristics of a mature outcome -based performance management system and provide practical advice on how to establish such a system. Full -day Seminar I Saturday, May 619 a.m.-5 p.m. I 8 CPE credits 4 5 Conference Overview Program The annual conference includes general sessions on Monday and Tuesday mornings that feature recognized leaders in the government finance profession and offers more than 60 concurrent sessions and discussion groups that address current issues in government finance. Concurrent Sessions Create your own curriculum from among concurrent sessions in seven tracks offered over three days. Sessions cover the following areas: >Accounting, Auditing, and Financial Reporting >Budgeting and Financial Planning >Cash Management and Investing >Debt Management >Management and Policy >Pensions and Benefits >Technology and Digital Government Discussion Groups On Tuesday, May 9 from 3:50 p.m. to 4:50 p.m., you will have an opportunity to exchange ideas about day-to-day challenges in small groups of your colleagues. CPE Credits It is possible to earn up to 20 CPE credits at GFOA's annual confer- ence. Additional CPE credits can be earned by attending one or more of GFOA's preconference seminars. Certification Examinations GFOA's Certified Public Finance Officer (CPFO) program continues with the administration of all five examinations on Friday, May 5. Technical and administrative support for the program is provided by Radford University's Governmental and Nonprofit Assistance Center. For an application packet, please e-mail your request to gnac@rad- ford.edu, fax your request to 540/831-6735 or call Radford University at 540/831-6734. Exhibit Hall See the latest innovations from exhibitors offering management- and finance -related products and services to local, state, and provincial governments. GFOA's exhibit hall is open Sunday through Tuesday. See www.gfoa.org for a list of current exhibitors. Let the Celebration Begin! Sunday, May 7, 2006, 6-10 p.m. Plan now to be part of the fun and festivities on Sunday evening as GFOA kicks off its centennial conference with a celebration truly worthy of the occasion! Join colleagues, friends, and guests for an unforget- table evening of food and entertainment, all in the unique ambiance of one of North America's most international cities. Help GFOA to celebrate this very special birthday surrounded by the members who made it all possible, as together we look forward to the next 100 years! Closing Reception Tuesday, May 9, 2006 / 6 p. m.-11 p. m. / Tickets go on sale in October. The cost is $25 per adult and $15 for each child ages 3-12 years old. The Montreal host committee invites you to experience the four sea- sons of Montreal at the Montreal Science Center. By strolling through the four zones created for the occasion, you will discover the flavors and the more traditional or contemporary cultural activities typical of Montreal's four seasons. The scenes will successively evoke the aboriginal heritage in an autumnal background, the calm of winter and the joys of snow, spring with its sugarhouse fun, and summer filled with the magic of popular street festivals. The entertainment and food will reflect the city's ever - changing environment. Some of the many surprises throughout the night will include a flying trapeze act, a contortionist, musical groups, and a spectacular finale featuring a great wall of fire. You will not want to miss this event! GFOA VieldAdvantage' Demonstration Stop by the YieldAdvantage'" booth in the exhibit hall to learn how this Web -based auction platform can streamline your investment process, increase competition and enhance yields, as well as promote trans- parency. View your own GFOA YieldAdvantage'" demonstration. User Meeting We invite current GFOA YieldAdvantage'" users to come by and meet with GFOA YieldAdvantage" representatives. Share your experiences using this innovative tool. Interested nonusers are invited to join us and learn of the benefits of this platform firsthand. ■ Accounting, Auditing, and Financial Reporting This year's concurrent sessions and discussion groups will explore a broad range of topics, from a detailed examination of the most recently issued pronouncements of the Governmental Accounting Standards Board (GASB) to coverage of breaking developments and ongoing practice issues confronting public -sector accountants and auditors. Coverage will include GASB Statement No. 47 on Accounting for Termination Benefits, as well as newly released detailed imple- mentation guidance from the GASB on other postemployment benefits and the revised statistical section of the comprehensive annual finan- cial report. Also examined will be pending final GASB standards on sales and pledges of receivables and future revenues; pollution reme- diation; and fund balance. Other topics of interest will include the lat- est developments in public -sector auditing, internal control and audit committees, new GFOA guidance on capital asset management, and common financial reporting deficiencies. w Budgeting and Financial Planning Budgeting is a complex, deadline -driven, political process that can test the abilities of even the most seasoned professional. This track will offer practical guidance and explore cutting -edge developments in local government budgeting. Leading practitioners and budgeting experts will discuss advances and case studies in timely subjects like performance management, shared services, capital planning and budgeting, cutback management, and financial forecasting. Panelists will also discuss the macro trends in the local government budget environment to provide attendees with a better understanding of key future issues. ■ Cash Management This year's sessions will feature tools and techniques for improving the effectiveness of your investment program and the efficiency of your treasury function. Learn advanced techniques for public investing from experts in the field, hear economists share their thoughts on what is in store for the economy and financial markets in the coming year, and listen to experienced portfolio managers recommend invest- ment strategies for the current interest rate environment. On the treasury management side, learn about new services and products and about what is on the horizon. Finally, find out about new and effective tools for collecting delinquent revenues. ■ Debt Management With municipal bond issuance at peak levels and the use of complex instruments like derivatives and auction -rate securities growing steadily, governments must understand the opportunities and risks in today's market. From the basics of issuing bonds to the intricacies of specific financing tools, this year's sessions will offer learning opportunities in key areas of debt administration. Government issuers, private -sectors experts, and federal government officials will provide timely advice on how to meet your jurisdiction's capital needs through the prudent use of debt financing. ■ Management and Policy Finance officers today are involved in issues that go far beyond tradi- tional accounting and budgeting. They are assuming greater responsi- bilities in organization -wide planning and management, economic development, and information technology, to name just a few. Senior finance officials have become leaders in every sense of the word. This track will explore the ever-expanding role of finance officers, the many personal and professional challenges this presents, and the skills needed to be successful. Concurrent sessions and discussion groups will address such topics as leadership, communication, career development, and economic development. ■ Pensions and Benefits Governments across the United States and Canada are facing unprecedented cost pressures, and a primary cost driver is employee benefits. Sessions in this track will tackle health care and retirement benefit issues, assess the budgetary implications, and provide ideas for understanding, managing, and even reinventing the way benefits are delivered. The sessions will appeal to pension and benefit profes- sionals as well as to budget analysts and human resource professionals interested in learning from both their peers in government and private - sector advisors. ■ Technology and Digital Government Technology presents tremendous opportunities for governments to transform their internal operations and relationship with the public. Technology is permeating many aspects of public financial manage- ment. While enterprise resource planning systems are the base of a government's technology platforms, there are a myriad of ways in which technology can be used to advance the goals of public agen- cies. This track will not only describe opportunities available through technology, but will also describe the changes in people and process- es that must accompany technological growth to take full advantage of technology investments. 6 Preliminary Schedule of Events All preconference seminars, conference sessions, meet- ings, luncheons, and exhibits will be at the Palais des congres de Montreal (Montreal Convention Centre) 1001, place Jean -Paul -Riopelle 201 Avenue Viger Ouest Montreal Quebec H2Z 1 H2 CANADA Friday, May 5 9 a.m.-Noon Certification Exams 9 a.m.-5 p.m. Preconference Seminar: Be Prepared! Sustaining Business Operations in the Wake of a Disaster 1 p.m.-5 p.m. Preconference Seminar: Technologies for Government Transformation: ERP Systems and Beyond 1:30 p.m.-5 p.m. Certification Exams Saturday, May 6 9 a.m.-5 p.m. Preconference Seminar: Performance Measurement - Focusing on Outcomes and Integration 9 a.m.-5 p.m. Preconference Seminar: Canadian Day Complimentary to all dele- gates with paid registration 9 a.m.-5 p.m. Standing Committee Meetings: GFOA committee meetings are open to all GFOA members. 10 a.m.-4:30 p.m. Registration Open 1 p.m.-5 p.m. Preconference Seminar: Business Writing for Finance Officers Sunday, May 7 10:00 a.m.-4 p.m. Registration Open 9:30 a.m.-4 p.m. Exhibits Open 10 a.m.-Noon Technology Resource Group Meeting 12:30 p.m.-1:30 p.m. Women's Public Finance Network Meeting: Open to all conference attendees 1:30 p.m.-2:30 p.m. Concurrent Sessions 4 p.m.-5 p.m. Black Caucus Meeting: Open to all conference attendees 6 p.m.-10 p.m. Let the Celebration Begin! Open to all conference registrants and guests Monday, May 8 8 a.m.-4:30 p.m. Registration Open 9:30 a.m.-12:30 p.m. Exhibits Open 10:30 a.m.-12:10 p.m. Concurrent Sessions 12:10 p.m.-1:10 p.m. Lunch With Your Colleagues Delegates only 1:25 p.m.-3:05 p.m. Concurrent Sessions 1:30 p.m.-4:30 p.m. Exhibits Open 3:20 p.m.-5 p.m. Concurrent Sessions Tuesday, May 9 8 a.m.-4:30 p.m. Registration Open 9 a.m.-12:30 p.m. Exhibits Open 9 a.m.-10 a.m. General Session 10.15 a.m.-11:55 a.m. Concurrent Sessions 12:10 p.m.-1:40 p.m. Annual Business Meeting and General Luncheon: Delegates only 1:30 p.m.-3:30 p.m. Exhibits Open 1:55 p.m.-3:35 p.m. Concurrent Sessions 3:50 p.m.-4:50 p.m. Concurrent Sessions 3:30 p.m.-4:30 p.m. FOCAL Team Meeting Evening 6 p.m.-11 p.m. Montreal Local Conference Committee Event: (Tickets required) Montreal Science Center Wednesday, May 10 8:30 a.m.-Noon Registration Open 8:30 a.m.-10:10 a.m. Concurrent Sessions 10:25 a.m.-12:05 p.m. Concurrent Sessions nTnnrrT,T.,.,..-,Save Money, by Re istering ow Register online at wwnrwnr.gfoo.orgl Registration or fill out the form in this brochure and mail or fax it to GFOA. Phone registrations cannot be accepted. Check the registration discount dates and save money by registering early. >Registration fees include: Monday and Tuesday luncheons for delegates and the 100-Year Celebration for delegates and guests. Easy to Get There GFOA has arranged the following discounts for conference travel: Airline Code Telephone Air Canada cvo60150 800/361-7585 Northwest/Continental Airlines NM82G 800/328-1111 American Airlines 8456AE 800/433-1790 Please contact the airline directly >Guest registration: Conference sessions and the luncheons on Monday and Tuesday are not open to guests and children. Guests will be admitted R eclist+er today to take advantage to the 100-Year Celebration and the exhibit hall. There is no registration fee of discounts! for guests or children, but they must be preregistered. >Registration fee discounts: To qualify for fee discounts, payment must be received by the deadline dates listed. >Additional discounts: You will receive a 10 percent discount on both your conference and preconference seminar registration if one of the following conditions applies: a) three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together) or b) you are attending two preconference seminars in addition to the annual conference. >Substitutions (government entities only): A one -for -one substitution of a nonmember for an active member is allowed. If your organization has a current GFOA member on the staff who is not attending conference, a nonmember may attend in his or her place at the lower member rate. Please provide the name or the membership number of the GFOA member. Important Action Dates Date Discount January 18, 2006 First discount deadline March 1, 2006 Second and final discount deadline March 2, 2006 Full registration fee required Cancellation and Refund Policy Conference and preconference seminar cancellations, registration changes, and refund requests must be made in writing to GFOA. Date Cancellation Policy February 3, 2006 Cancellations postmarked by this date will be refunded, less a 25 percent service fee April 6, 2006 Cancellations postmarked after February 3 but by April 6 will be refunded, less a 50 percent service fee. April 7, 2006 No refunds will be issued from this date forward - Montreal Tours and Events Information on how to obtain tickets for the Tuesday evening event, and other conference events and tours, will be posted as available at www.gfoa.org. GFOA is registered with the National Association of State Boards of Accountancy CPE(NASBA) as a sponsor of continuing professional education on the National saoNsoas Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. complaints regarding registered sponsors may be addressed to the: National Registry of CPE Sponsors, 150 Fourth Avenue North, Nashville, TN 37219-2417. Web site: www.nasba.org 1001h �1r�zl�nl Won�czn�zce Conference Registration Form Please print or type. Register online at www.gfoa.org. 4 Canadian ®ay Complimentary with full registration. Check one to reserve your spol. i - t Full Registrant FRFF ❑ Member $295 Nonmember $410 9 Conference/Preconference Registration If you are faxing this term DO NOT MAIL ORIGINAL Fares are accepted with credit card payments only. 5 Conference Registration Fees Early Registration Advanced Registration Full Registration (Postmarked and paid (Postmarked and paid (Poshnarke(l and paid - -.- - -- --- by January 18 2006) by Marrh 1 A)06) after Much 7 2006). Please affix your malling label here, and make any changes Active Members L-i $310 I_I $34'a i__ $ 190 to your record in the spaces provided below --- - -- - - - - - Associate Members F1 $360 1.-1 $405 L.I s4L� Nonmember Public Sector _J $415 $450 _ $49'l Nonmember Private Sector I L $585 r $61., r I I $f t35 First Name MI Last Name _ --- Student (Rill -time, Dmmllployed only) �I $125 $130 $140 Or(jail ization/company__ Mailing Address -. - CM State/Provmre-_ Zip/Postal Cody Telephone_-_, ]mail Address (REQUIRED)_ 6 New Member Fees Mernber type' (check one). Active ❑ Associate Other 'For new membership dues call GFOA at (31 A) 1377-9700 and we will tax you the, scheditle, or visil G1-ON't weh site, www.gfoa org Country NI fees payable in U S. funds except for Canadian governments which may, pay dues in Canadlmr funds. - - — _ 7 Total Fees Q 1 ,,, i, II I nil I Preferred Name too Badge. l Indicate it you are substituting Ior an active memhei. Name of Actve Member-- 2 Guest Registration Print name(s) of guest(s) and/or children) and the age of the chilo(ren) 12 or under Please attach additional names if needed. FlrstName __ fast Name First Name_ t ast Name_ Proconleremu Seminahs) $.- --- _. -- _ -.. Canadian Day. _ -- - -- -- -- - Conference Registration _- _-- New Member Fees' Discount --- Total Fees:_ --_- "You will receive a 10 percent discount on tooth your conference, and preconference seminar registrallon It one of the following con. dltions applies a) three or more people from your jurisdiction are aflending the annual conference negistratiens must be suhrenred together) or h) you are attending two proconfererice seminars in addition to the annual conference Ago-- -- 8 Method of Payment Age_ Please Check One: Payment by Check First Name - ast Name _ _ _-_ _ _Age Send to: GFOA, 3076 Facie Way, Chicago, IL 6067E-1030 [� Payment by Credit Card (Fax: 312/977-4806) 3 Preconference seminar Registration Send to GFOA, 203 N. LaSalle St, Ste 2700, Chicago, IL 60601-I210 Preconference seminar registration and fees are separate from annual conference-i Amex Discover registration and fees. �-] MasterCard vISA Check the seminars) of your choice. Business Writing foil Inance Officers Performance, Measurement — Focusmg on Outcumes and Integration Be Preparedl Sustaining Business ❑ Technologies for Government Iransfonnatlon Operations in the Wake of a Disaster CRP Systems and Beyond Check rate below. (see discounts in Section 0)" Member Nonmember ❑ Fill day seminar $295 $410 -; Fach halt -day seminar $145 $250 Name on Card Card No.. Pxpiration Date.. Signature --- _ — -- _- - - --- - -- -- )- Bill Me - P.O. No.. ----- -- _..-.--- --- Al I biIIed registrations should be mailed to GFOA, 203 N. LaSat Io St., Ste 2700, Chicago, IL 60601-1210. GFOA Tax ID No.: 36 2167796 10 GFOA is unable to fax confirmations due to the volume of registrations. Where to stay while in Montreal Housing Arrangements GFOA has made special arrangements with area hotels to offer attendees and their guests discounted rates while attending the 2006 GFOA 100th annual conference. Availability of all conference hotels is on a first -come, first -served basis and will be handled by the GFOA's Housing Bureau. Participating hotels will not honor direct reservations and published room rates apply only to rooms reserved through GFOA's Housing Bureau. All reservations must be made by April 3, 2006. Within a few business days upon receipt of your reservation, GFOA's Housing Bureau will e-mail or fax you a room assignment notice followed by a confirmation number from a hotel. GFOA offers a variety of hotels in the Montreal area to meet the different needs of each attendee and their guests. Rates do not include hotel tax, which is currently 17.50 percent. Housing Policies >Reservations cannot be accepted through travel agencies. >Ali reservations require a valid credit card or check deposit guarantee at the time of confirming reservations. Requests received without a valid guarantee will be returned and will not be processed. Credit cards must be valid through June 2006 to be considered a proper guarantee. >If you choose to mail in a check deposit guarantee, it should be made payable to GFOA Housing Bureau, and mailed along with your housing request form to the address provided. All check deposits must represent the first night hotel stay. >YOLI must be registered for GFOA's annual conference prior to submitting your housing reservation. >If you do not register for GFOA's annual conference, a higher hotel rate Will apply. >Please print/type all items on the housing form to ensure accuracy. >Complete each portion of the form for accurate and rapid processing. >You will receive a confirmation for your housing and a separate confirma- tion for your conference registration. >Reservations must be made by April 3, 2006, to receive the discounted rates. Guaranteeing Your Room Reservation A deposit of one night's room and tax is required to reserve your room. The deposit can be made by credit card or check. Acceptable credit cards are American Express, Diner's Club, Discover, MasterCard, and Visa. If you are paying by credit card, please provide all requested information. Your credit card will be charged upon processing your reservation by the hotel. If you are paying by check, please make check payable to GFOA Housing Bureau and mail to: 1555 Peel Street, Suite 600, Montreal (Quebec) Canada 113A 318. Checks may be in either U.S. or Canadian funds. Changes and Cancellations Changes and/or cancellations can be made in writing directly to GFOA's Housing Bureau through May 7, 2006, Requests for Suites Requests will not be honored until your registration form has been received by GFOA. Please e-mail GFOA at conference@gfoa.org for rates and avail- ability. Deposits are required for suites. Av. W PAfSIDENrKINNCOY Delta Montreal a W Fn rua oEsans 'C�j I�t[FI � C�M,GIU � j "?? � xUF OF npJncr+v � m Z SIIMalI1R[NIC o f RUE SAINTE-CATHERINE Hyatt Regency � Montreal i L..�CNEP,fa RUE CnINtARI a °� Le Centre Sheraton SOUL, RENE LEVESQUE ®Fairmont The Qaaen Elimbeth cHINA104N Holiday Inn Select uuc new.oHl �A Montreal Centre -Ville (Downtown/Convention Centre) Hilton Montreal xur oFucnu°'rntae '���_ EGXAVFNNRF Bonaventure V VIG F SWIR4VKTd11A ...l4EkY _ quwallrk Patois des congres��elf4ontrdarq Montreal McTron chateau Champlain _ _ LUSFRN,tTIONAr (11Monfr&I, ofivenl x Centre) RUE SAIR ANt' E Iq y Q I .�'i Delta f Centre -Ville y RUE SAINT JACQUES li - - } - (on University) = 5 ULD nruNIRFM 4 I' RUE NOTRE DAME N _ o,,ll�ar„>Grl� Hotel Single/Double Rate U.S. Funds Canadian Funds 7. Delta Centre -Ville 77 Rue University Street $166' $196 2. Delta Montreal 475 Avenue President Kennedy $14W $174 3. Fairmont Queen Elizabeth 900 Rene Levesque oust $177` $209 n. Hillon Montreal Bonaveturre 900-de la Gauchetiere West $190* $224 5. Holiday Inn Select Montreal 99 avenue Viger oust $152' $179 6. Hyatt Regency Montreal Centre 1255 Jeanne-Mance Street $169* $199 7. Le Centre Sheraton Ilotel 1201 Rene -Levesque Boulevard West $1861 $219 8. Marriott Chateau Champlain 1 Place du Canada $177' $209 "as of September 28, 2005 Please refer to the Bank of Canada's Web site for the current exchange information: www.hankofcana(ia.ca/en/rates/excliform.litml Please make your reservations with the Montreal Housing Bureau to receive the GFOA discounted rate! r,y t 10 11 III Hotel Reservation Form Important Information Guarantee A one-night guarantee must accompany your reservation either by a valid credit card or a check (U.S. or Canadian funds) payable to: GFOA 2006 Housing Bureau, 1555 Peel Street, Suite 600, Montreal, Quebec, Canada, 113A 31_8 Change/Cancellation All changes and cancellations must be made directly with the Housing Bureau. Please have your reference number on hand. Confirmation Upon completion of your reservation form, the Housing Bureau will e-mail you a room assignment notice. Confirmation from the hotel will follow. Cancellation Policy The cancellation policy printed on your hotel confirmation overrides all other cancellation policies. Information For more Information, call 514-844-0848 or fax 514-844-6771. The toll -free number for North America Is 1-800-722-2220. f Hotel Selection Information Arrival & Departure Dates Arrival Doh _ _ _.._. — __.. _ _._ Depauura Data. Select hotel from the list provided. Please indicate three choices of hotels in order of preference. 1st Choice — -- _ -- — --- - - - 2nd Choice3rd Chore — — — - It all of my choices are unavailable, please make my reservation by rate of proximity Type of Room L i Smoking Non -Smoking One Bed Iwo Beds I_ Single Triple r__i Double Quadruple Check here it you have a disability requirinn special services. Special requests._ 2 Guest Information First Name I ast Nance huployer Andress City Stale I Province I Counpy Jiu 1 Portul code E mail Address -- Daytime Telephone _ Fax..._ -- Other Occupants t Dclagnho �I � vcs No Delegetu Yes li No -t - Oelegntn 1 Yn:, No Ilalegale i Yns I No 3 Payment Information All reservations must be guaranteed Na one night loom deposil. Amex Diner's Club plscovel MasterCard VISA Card Numher Cardholrtei Cardholder SluTItme 12 c � OFT COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Adoption of a Resolution Accepting Passes to the Bob Hope Chrysler Classic Golf Tournament to be Held January 16 through January 22, 2006 in the Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 16 through January 22, 2006. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bob Hope Chrysler Classic has provided the City of La Quinta complimentary passes for its 47"' annual golf tournament. This year's tournament will take place January 16 through January 22, 2006 at various courses in the Coachella Valley including PGA West (Palmer Private Course), La Quinta Country Club, Bermuda Dunes Country Club, and the Classic Course at Northstar. Staff has prepared the attached Resolution to facilitate acceptance of the passes should the City Council elect to accept them. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 16 through January 22, 2006; or 2. Do not adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 16 through January 22, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, ,f Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING COMPLIMENTARY PASSES FOR THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT WHEREAS, the Bob Hope Chrysler Classic has generously donated to the City, a gift of complimentary passes for the 2006 Bob Hope Chrysler Classic golf tournament to be held January 16 through January 22, 2006 in the Coachella Valley including locations within La Quinta; and WHEREAS, the gifts have been donated to the City and its personnel and not given to, or limited to the use of, any particular employee or official; and WHEREAS, it is in the best interest of the City to accept the donation and to direct the City Manager to control distribution of the tournament passes. NOW, THEREFORE, the City Council of the City of La Quinta does hereby resolve as follows: 1. The City of La Quinta hereby accepts the donation of complimentary passes for the 2006 Bob Hope Chrysler Classic golf tournament. 2. The City Manager is hereby directed to control distribution of said tournament passes on a first -come, first -serve basis. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 3rd day of January, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: 3 Resolution No. 2006- Bob Hope Golf Tournament Complimentary Passes Adopted: January 3, 2006 Page 2 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California M COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Consideration of an Agreement to Enter Into a Covenant to Operate and to Pay Compensation Based on Sales Tax Revenue With Costco Wholesale Corporation in Consideration of Costco's Operation of a Retail Site in the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Staff is requesting this item be taken up after the Public Hearings. Approve the attached "Agreement to Enter Into a Covenant to Operate and to Pay Compensation Based on Sales Tax Revenue" ("Agreement") and authorize the City Manager to execute the Agreement and cause the recordation of the "Covenant, Conditions and Restrictions Affecting Real Property" (which is attached to the agreement as Exhibit B). FISCAL IMPLICATIONS: Payments from the City's General Fund will be made quarterly during the term of the Agreement, in an amount equaling 40% of the sales tax revenue derived from operating the Costco Wholesale Facility. The City will keep the remaining 60% of the sales tax revenue. The total payments made under this Agreement will not exceed $4,000,000 and the term of the Agreement shall not exceed 10 years (eight years plus a two year extension as described further below). In the event that ten years elapse and the total sum of $4,000,000 has not yet been paid, the City shall have no further ob►igation after that time to make additional payments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: For many years, citizens and City staff have been focused on economic development and quality growth of La Quinta. Pursuant to this, the City has negotiated several business transactions to cultivate a healthy and financially viable commercial environment, including recent and ongoing discussions with Costco Wholesale Corporation. In February 2005, Costco entered into an agreement to acquire property between Jefferson Street and Dune Palms Road, just south of Highway 1 1 1 . The City began negotiating a Covenant with Costco for the construction and operation of a new retail facility on this site. The Agreement will make locating the new facility in La Quinta financially feasible for Costco. The City Council previously authorized the City Manager and the City Attorney to prepare an Agreement to share sales tax revenue with Costco Wholesale Corporation on the following terms and conditions: (1) the total sum paid to Costco would not exceed $4,000,000; (2) the duration of the Agreement would not last more than ten years; (3) Costco would agree to open and operate a Costco Wholesale Facility for at least the term of the agreement; and (4) payment would be conditioned upon Costco satisfying certain conditions. In exchange for operating the Costco Wholesale Facility and performing the other obligations during the operating term, the City shall share up to 40% of sales tax revenue attributable to the Costco Wholesale Facility for a period of eight years or until the cap amount of $4,000,000 is reached, whichever occurs first. If the cap amount is not reached within the eight years, then the Agreement provides for an automatic extension of up to two additional years (for a total possible term of ten years). The following chart was prepared by RSG and identifies the expected sales tax revenue that will be generated by the Costco facility for years 1, 2, 8, 9, and 10 to show growth over time. The chart also illustrates the anticipated dollar amounts that will be allocated to Costco based on the projected sales tax. Total Sales Tax Revenue % Tax Year 1 Year 2 Year 8 Year 9 Year 10 $ 618,235 $ 858,000 $ 1,083,429 $ 1,126,767 $ 1,171,837 City Share 60% 370,941 514,800 650,058 676,060 703,102 Costco Share 40% 247,294 343,200 433,372 450,707 468,735 RSG has also calculated projected sales tax revenues estimated at a 4% growth rate, which RSG notes is currently a conservative rate for La Quinta. This results in the ten year time limit being reached before the maximum revenue limit. As shown below, after ten years, RSG projects the City will receive approximately $5.8 million and Costco $3.9 million in revenue based on the estimated sales tax produced by the facility. Cumulative Totals in Revenues 8 Years 10 Years City Revenue $ 4,429,739 $ 5,808,902 Developer Revenue $ 2,953,160 $ 3,872,601 An Agreement that meets these criteria has been prepared by the City Attorney. The City Manager and City Finance Director have reviewed and approved the attached form of Agreement. Legal counsel for Costco has reviewed the Agreement and the City Attorney has been informed that it is acceptable in the form attached hereto. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the attached "Agreement to Enter Into Covenant to Operate and to Pay Compensation Base on Sales Tax Revenue" and authorize the City Manager to execute the Agreement and cause the recordation of the "Covenant, Conditions and Restrictions Affecting Real Property" (which is attached to the agreement as Exhibit B); or 2. Do not approve the attached Agreement and covenant; or 3. Provide staff with alternative direction. Respectfully submitted, F,. Douglas . Evans Community Development Director Approved for submission by, Thomas P. Genovese, City Manager Attachment: 1 . Agreement to Enter Into Covenant to Operate and to Pay Compensation Based on Sales Tax Revenue I, ,- j —'� ATTACHMENT 1 AGREEMENT TO ENTER INTO COVENANT TO OPERATE AND TO PAY COMPENSATION BASED ON SALES TAX REVENUE (COSTCO) This AGREEMENT TO ENTER INTO COVENANT TO OPERATE AND TO PAY COMPENSATION BASED ON SALES TAX REVENUE (the -Agreement") is entered into this day of 2006, by and between the CITY OF LA QUINTA, a California charter city and municipal corporation ("City"), and COSTCO WHOLESALE CORPORATION, a Washington corporation ("Costco") (individually a "Party" and collectively the "Parties"). RECITALS A. Costco has entered into an agreement dated February 11, 2005 to acquire that certain real property consisting of approximately 17 acres of land area located generally between the Jefferson Street and Dune Palms Road south of Highway 111 in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" (the "Site"). The Site is presently owned by a third party who is not a party to this Agreement (the "Owner"). B. If Costco acquires the Site from the Owner and obtains the necessary governmental permits and approvals from all governmental agencies with jurisdiction, including City, Costco intends to develop a Costco Wholesale Facility on the Site (the "Costco Wholesale Facility"). C. In consideration of Costco's encumbrance of the Site by the Covenant (as defined hereinbelow) and Costco's performance of its obligations thereunder, City has agreed to enter into the Covenant for the purpose of making certain periodic payments to Costco in an amount equal to a portion of the Sales Tax (as defined in the Covenant described below) generated by the Costco Wholesale Facility uses on the Site, subject to and in accordance with the Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as Exhibit "B" (the "Covenant"). The Covenant shall become effective only if the terms and conditions set forth herein as a condition to its effectiveness are satisfied. The Parties acknowledge and agree that the City's obligations to make periodic payments equal to a portion of Sales Tax under the Covenant are to be calculated by reference only to the Sales 'lax generated by the business activity of the Costco Wholesale Facility proposed to be located on the Site and shall not include the Sales Tax from any other use on the Site. D. By its approval of this Agreement, the City Council of City has found and determined as follows: (i) that, notwithstanding any other provision set forth in this Agreement or the Covenant which may appear to be to the contrary, City's approval and execution of this Agreement shall not constitute a prejudgment or precommitment by City with respect to any of the discretionary City permits and approvals that may be required for the Site, including without limitation any General Plan Amendment, Planned Community ("PC") Development Plan text amendment, and use permit, and the environmental reviews and approvals in conjunction with 2156,015610-0002 571606.07 a12/22,05 the foregoing that are required to accommodate the Costco Wholesale Facility on the Site, and City reserves its full and unfettered discretion with respect thereto to the same extent it would have such discretion in the absence of this Agreement; (ii) subject to the foregoing, City recognizes that the City payments provided for in the Covenant are necessary in order for to make locating the Costco Wholesale Facility financially feasible; (iii) the value to City of Costco's performance of its obligations set forth in the Covenant in each fiscal year during which City payments are to be made (in terms of economic revitalization, generation of additional local tax revenues that will help to fund vital public services, provision of expanded and more accessible retail and shopping opportunities for the residents of the City, and job growth and retention) will be not less than the amount of such payments; and (iv) that the imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in exchange for the payments to be made by City constitutes a valid public purpose. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Costco hereby agree as follows: 1. Defined Terms. Any capitalized terms contained in this Agreement, which are not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant. 2. Representations and Warranties. Costco represents and warrants the following: (a) Costco has entered into an agreement to acquire the Site and, to the best of Costco's knowledge, such agreement is valid and binding, (b) the Costco Wholesale Facility to be built on the Site is a new store and is not a store relocated from another city or unincorporated territory and (c) Costco is not relocating, and shall not relocate, a big box retailer to the Site, within the meaning of California Government Code section 53084. 3. Execution and Recordation of Covenant. Within (10) days after the later to occur of the following events (collectively, the "Covenant Conditions"). City and Costco shall fill in the blanks, date, and execute the Covenant in recordable form and Costco shall record the Covenant against the Site and provide a copy of the recorded Covenant to City: (i) the date Costco acquires fee title to the Site from the Owner and provides satisfactory evidence of such ownership to City; (ii) the date City issues its final approval of all discretionary land use permits and approvals required to accommodate the Costco Wholesale Facility on the Site including, without limitation, any General Plan Amendment, Planned Community ("PC") Development Plan text amendment, use permit (if applicable), and environmental reviews and approvals in conjunction therewith, but specifically excluding Costco's performance of any conditions of approval imposed on any such discretionary permit; (iii) the date City and any other applicable government agency issues all building use and operation permits necessary for Costco to construct and operate the Project other than those which by their nature cannot be issued without the progress or completion of construction including, without limitation, any demolition permit, grading permit, encroachment permit for work or improvements to occur within public rights -of - way, foundation permit, building permit, and similar ministerial or administrative permits; or (iv) 2 1561/01 5610-0002 . 571606,07 a12,'21'05 the expiration of any periods for challenge of, or appeal from, all of the foregoing and the absence of any such challenge, appeal or the successful resolution thereof. These conditions are for the benefit of both City and Costco. City agrees to cooperate in the recordation of the Covenant against the Site at no cost to City, and the City Manager or his designee is hereby authorized on behalf of City to execute all documents and take all actions necessary or appropriate to implement this Agreement; provided, however, that in no event shall such date of recordation be later than the date the Costco Wholesale Facility opens for business. 4. Termination of Agreement. Costco shall have no obligation hereunder to acquire the Site and Costco's failure for any reason to acquire the Site shall not constitute a default by Costco. If, however, the Covenant Conditions are not satisfied on or before June 30, 2006, or such later deadline as may be mutually approved in writing prior to that date by City and Costco, this Agreement shall automatically terminate and be of no further force or effect at such time without the requirement of any further notice or action by either Party, and thereafter neither Party shall have any further rights or obligations hereunder. 5. Covenant. Upon recordation of the Covenant, the rights and obligations of the Parties shall be as set forth in the Covenant, and the Covenant shall fully supercede this Agreement. 6. Assignment. The rights and benefits of this Agreement and Covenant are personal to Costco and its Corporate Successors (as defined below). Costco shall not assign, hypothecate, encumber, or otherwise transfer, voluntarily, involuntarily or by operation of law, its rights and obligations set forth in this Agreement to any other person or entity other than to a Corporate Successor without the City 's prior written consent, which consent the City may grant or withhold in its absolute discretion. The term "Corporate Successor" means: (i) Any entity which is controlled by or under common control with Costco Wholesale Corporation, (ii) any entity which operates ten (10) or more facilities which were formerly operated under the "Costco Trade Name" (as such term is defined in the Covenant) or (iii) any successor by merger, acquisition or corporate reorganization of Costco Wholesale Corporation that will operate a facility similar in size, operation, retail sales volume and all other material aspects to a Costco Wholesale Facility (as defined in the Covenant) on the Site. 7. Cooperation in the Event of Legal Challenge; Validation Action. In the event any third party files an action seeking to invalidate this Agreement or the Covenant or seeking any equitable remedy that would prevent the full performance hereof or thereof, City and Costco agree to cooperate in the defense of such action. Costco shall pay all of the City's costs and expenses (including attorneys' fees), shall indemnify the City as provided in Section 8, and the City shall have the sole right to select its legal counsel, provided, however, that such obligation to indemnify and pay costs and expenses shall terminate if Costco elects in a written notice delivered to the City to terminate the Covenant rather than to oppose such challenge. Such cooperation shall include, without limitation: (i) an agreement by each Party to not default or allow a compromise of said action without the prior written consent of the other Party; (ii) an agreement by each Party to make available to the other Party all non -privileged information necessary or appropriate to conduct the defense of the action, and (iii) an agreement by each Party to make available to the other Party, without charge, any witnesses within the control of the 2156/015610-0002 571606.07 a12/22/05 first Party upon reasonable notice who may be called upon to execute declarations or testify in said action. In addition to the foregoing, if Costco delivers a written request for such action to City (c/o the City Attorney) not later than five (5) days after the date the City Council of City approves this Agreement at a public meeting, City shall file an action in Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et seq. to validate this Agreement and the Covenant and each and every one of its and their provisions. In such event, City and Costco shall reasonably cooperate in drafting the complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and filings as may be required or desirable in connection with the validation action. City and its legal counsel shall file and prosecute the validation action. but shall reasonably coordinate and cooperate with Costco concerning the drafting of pleadings and other documents and with regard to the litigation strategy to be employed. Costco shall reimburse City within fifteen (15) days after written demand therefor for all costs (`Costs") of the validation action. Costs include without limitation, attorney's fees, filing fees and court reporter fees (if any), costs of publication and to effectuate service of process, reasonable photocopying and other reproduction charges, travel time and mileage expenses, and other costs and expenses reasonably incurred by City. In the event of an appeal of such action, the Parties shall cooperate with respect to the appeal to the same extent as at the Superior Court level of the proceedings. Upon the entry of a final non -appealable judgment of any court with jurisdiction invalidating or enjoining the performance of any material covenant set forth in this Agreement or the Covenant, this Agreement and the Covenant shall automatically terminate without the need of further notice or action by either Party. S. Indemnification of City. Costco shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from this Agreement (other than those damages caused by the breach of the Agreement by City or by the gross negligence or willful misconduct of the City, the City's representatives, volunteers, officers, employees and agents) including, but not limited to, Costco's failure to pay, if required, prevailing wages on the construction and development of the Costco Wholesale Facility; provided, however, that such obligation shall lapse as provided in Section 7 above if Costco elects not to oppose a challenge to the Covenant. Costco shall be solely responsible for determining and effectuating compliance with prevailing wage laws, and the City makes no representation as to the applicability or non - applicability of any of such laws to the development and construction of the Costco Wholesale Facility or any part thereof. Costco hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to Costco or its contractor(s), in writing or otherwise, in a call for bids or otherwise, that the development or construction of a Costco Wholesale Facility is not a "public work," as defined in Section 1720 of the Labor Code. 9. Integration and Amendment. This Agreement and the Covenant attached hereto constitute the entire Agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. 2156/015610-0002 571606.07 a12/22/05 This Agreement may not be modified, amended, or otherwise changed except by a writing executed by both Parties. 10. Notices. Notices to be given by City or Costco hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery confirmation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: Tom Genovese, City Manager with a copy to: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: M. Katherine Jenson, City Attorney If notice is to Costco: Costco Wholesale Corporation 999 Lake Dr. Issaquah, WA 98027 Attention: Property Management/Legal Dept. with a copy to: Greenberg Glusker Fields Claman Machtinger & Kinsella LLP 1900 Avenue of the Stars, Suite 2100 Los Angeles, CA 90067 Attention: Henry D. Finkelstein 11. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one fully executed Agreement. 1156/015610-0002 571606.07 a12/22/05 IN WITNESS WHEREOF, City and Costco have executed this Agreement to be effective as of the date first set forth above. "City" CITY OF LA QUINTA, a California municipal corporation By: ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney Thomas P. Genovese, City Manager "Costco" COSTCO WHOLESALE CORPORATION, a Washington corporation Its: t 2156/015610-0002 ,71606.07 a12/22/05 EXHIBIT `A" LEGAL DESCRIPTION OF SITE Ito be inserted] 1- 571606.07 a12 22/05 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, Esq. EXHIBIT "B" [Space above for recorder.] (Exempt from Recordation Fee per Gov. Code § 27383) COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS IN REAL PROPERTY (the "Covenant") is entered into as of this day of 200, by and between the CITY OF LA QUINTA, a California charter city and municipal corporation ("City"), and COSTCO WHOLESALE CORPORATION, a Washington corporation ("Owner" or "Costco") (individually a "Party" and collectively the "Parties"). RECITALS A. Owner is the owner of that certain real property consisting of approximately acres of land area located generally between the Jefferson Street and Dune Palms Road south of Highway 111, in the City of La Quinta, County of Riverside, State of California, which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site"). B. On or about 2006, City and Owner entered into that certain unrecorded agreement captioned "Agreement to Enter Into Covenant to Operate and Pay Compensation Based on Sales Tax Revenue (Costco)" (the "Agreement") authorizing the recordation of this Covenant against the Site upon the timely satisfaction of the "Covenant Conditions" identified therein. C. Subject to the terms and conditions hereof and of the Entitlements (defined below), Owner has agreed to develop and operate a Costco Wholesale Facility on the Site. D. In consideration for Owner's encumbrance of the Site by this Covenant and Costco's performance of its obligations hereunder. City has agreed to make certain payments to Owner, the amount of which is measured by the Sales Tax generated by the Costco Wholesale Facility uses on the Site. City and Owner have agreed that the amounts required to be paid by 2I56/015610-0002 571G06.07 a12,21 OS City to Owner hereunder during each Quarter of the Operating Period provided for herein is a fair exchange for the consideration to be furnished by Owner to City in that Quarter. E. Owner represents and warrants that the Costco Wholesale Facility to be built on the Site (i) is a new store and is not a store relocated from another city or unincorporated territory and (ii) is not relocating, and shall not relocate, a big box retailer to the Site, within the meaning of California Government Code section 53084. COVENANTS Based upon the foregoing Recitals, which are incorporated herein by this reference and are acknowledged by the Parties as true and correct, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Owner hereby agree as follows: DEFINED TERMS. The following terms when used in this Covenant shall have the meanings set forth below: The term "Agreement" shall have the meaning ascribed in Recital B of this Covenant. The term "Commencement Date" shall have the meaning ascribed in Section 2 of this Covenant. The term `Corporate Successor" shall mean (1) any entity which is controlled by or under common control with Costco Wholesale Corporation, (ii) any entity which operates ten (10) or more facilities which were formerly operated under the `Costco Trade Name" (as defined below), or (iii) any successor by merger, acquisition or corporate reorganization of Costco Wholesale Corporation and that will operate a facility similar in size, operation, retail sales volume and all other material aspects to a Costco Wholesale Facility (as defined below) on the Site. The term "Costco Trade Name" means "Costco," "Costco Wholesale," "Price Club," or such other trade name as Costco or its Corporate Successor is doing business in a majority of its warehouse clubs or other facilities having in excess of 100.000 square feet in Southern California. The term "Costco Wholesale Facility" shall mean a facility for retail and wholesale sales meeting Costco's requirements, containing not less than 120,000 square feet of building area and operating under a Costco Trade Name. The term "Covenant Payments" shall mean the amounts to be paid by City to Owner with respect to each Quarter of the Operating Period. The term "Covenant Payments Cap Amount" shall have the meaning ascribed in Section 4.1.1(a) as limited by Section 4.1.1(b) of this Covenant. 2156/015610-0002 5716(16,07 a12/22/05 The term "Default" shall have the meaning ascribed in Section 5.1 of this Covenant. The term "Effective Date" shall mean the date this Covenant is executed by the latter of the two Parties to sign, which date shall be inserted in the preamble to this Covenant. The term "Entitlements" shall mean those discretionary City land use permits and approvals (including all conditions of approval therein) required to authorize development and operation of the Costco Wholesale Facility on the Site, as the same may be amended from time to time. The term "Fiscal Year" shall mean City's fiscal year, which commences on July 1 and ends on the next succeeding June 30. The term "Force Majeure" is defined in Section 6.6 below. The term "Holder" Iolder" shall have the meaning ascribed in Section 5.1(b) of this Covenant. The term "operate" means for not less than 120,000 square feet of building areas on the Site to be open to the public or its members during its business hours except for such reasonable interruptions as may be incidental to the conduct of its business. The term "Operating Period" refers to the period between the Commencement Date and the Termination Date. The term "Permitted Assigns" means a "Corporate Successor" to Costco. The term -Permitted Closure" means periods of "Force Majeure" (as such term is defined in Section 6.6) and such period or periods aggregating up to not more than one (1) year associated with any renovation of the Site. The term "Quarter" shall mean (i) any of the three (3) month periods during a Fiscal Year commencing July 1, October 1, January 1, or April 1 or (ii) the quarterly or other periods used by the State Board of Equalization in calculating or making Sales Tax payments to City, if such periods differ from City's fiscal quarters described in clause (1) hereinabove. The term "Sales Tax" means, for a given Quarter, or part thereof, during the Operating Period, that portion of sales and use taxes allocated, paid to, and received by City from the imposition of the Bradley -Burns Uniform Sales and Use Tax Law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law or amendment thereto, that arises from taxable sales and lease transactions generated by the Costco Wholesale Facility on the Site. Notwithstanding the foregoing, the term "Sales Tax" shall not include (1) the portion of sales or use taxes attributable to the Costco Wholesale Facility on the Site that are retained by the State Board of Equalization as an administrative, processing, or handling charge (calculated at the same percentage of gross revenues as is applicable City-wide); (ii) the portion of such revenues which in future years may be allocated and paid to City but which is restricted by law (but not contract) by an entity other than City (and binding upon City) to be used for specific uses (other than the uses provided for in this Covenant including without limitation disaster relief, transportation improvements, or otherwise), or (iii) any Sales Tax that may be generated 2 156/0 156 10-00021 571606.07 a]2/22/OS (/ from other retail sources on the Site other than a sale generated from the Costco Wholesale Facility. In addition, the term "Sales Tax" for a given quarter shall also include any sums allocated, paid to and received by the City in substitution for Sales Taxes or otherwise by reference to taxable sales generated by the Costco Wholesale Facility (and not excluded under classes (1) through (iii) above) including without limitation (Budget Reconciliation Act]. The term "Sales Tax Statement" refers to each quarterly statement to be prepared by Owner and submitted to the SBE and City identifying the portion of Sales Tax generated by the Costco Wholesale Facility on the Site during the previous Quarter as a result of taxable sales transactions, as provided in Section 3.5 of this Covenant. The term "SBE" shall mean the California State Board of Equalization or successor agency with the responsibility of collecting and administering the distribution and payment to City of Sales Tax. The term "Site" shall have the meaning ascribed in Recital A of this Covenant. The term "Termination Date" shall mean the date that is the earliest of (i) the date that is eight (8) years following the Commencement Date, unless continued pursuant to Section 4.1(d), in which case such date may be up to but not more than ten (10) years following the Commencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full; or (iii) the date on which this Covenant is terminated pursuant to Sections 5.2 or 5.3, as applicable. 2. CONDITION TO OWNER'S RIGHT TO RECEIVE COVENANT PAYMENTS. 2.1 Opening Date; Commencement Date. As a condition precedent to Owner's right to receive the Covenant Payments, Owner shall open or cause said Costco Wholesale Facility to be opened for business to the public (excluding any special "pre -opening" periods), all in compliance with the Entitlements. The term "the public" means Costco's members and (if any) other persons typically admitted to shop at Costco's membership club facilities. The day on which the aforesaid condition is satisfied shall constitute the "Commencement Date," at which time Owner's obligations pursuant to Section 3 of this Covenant and City's obligations pursuant to Section 4 of this Covenant shall commence. 2.2 Outside Date. Notwithstanding any other provision set forth in this Covenant, and subject to extension for events of force majeure as provided in Section 6.6, (1) if the condition set forth in the first sentence of the preceding paragraph is not satisfied on or before the date that is eighteen (18) months after the issuance of the first building permit for the Costco Wholesale Facility project, or (ii) if a building permit is not issued for the Costco Wholesale Facility project on or before the date that is eighteen (18) months after the Effective Date, either Owner or City may terminate this Covenant by delivery of written notice of termination to the other Party and, in such event, neither Party shall have any further rights against or obligations to the other Party arising out of this Covenant. 2.3 Operating Condition. If Costco, or a Permitted Assigns, ceases to operate a Costco Wholesale Facility on the Site other than by reason of a Permitted Closure, then this Agreement shall terminate as of the date such Operation is discontinued (other than by reason of 2156/015610-0002 5716W07 a12/22/05 — a Permitted Closure) and no further payments shall be due under Section 4.1 below by reference to Sales Tax Revenues generated in any calendar quarters after such date. 3. OWNER'S OBLIGATIONS. 3.1 Continuous Operation; Site As Point of Sale. Owner covenants and agrees to exercise commercially reasonable efforts to continuously operate the Costco Wholesale Facility on the Site or to cause said Costco Wholesale Facility to be continuously operated on the Site during normal business hours (except for Permitted Closures) during the entire Operating Period. The Costco Wholesale Facility shall operate with inventory and sales personnel sufficient to satisfy and respond to customer demand, as determined by Owner's commercially reasonable judgment. To the maximum extent permitted by law, Owner shall designate the Site on its Sales Tax Statements as the point of sale for all sales transactions arising out of or generated from the business conducted on the Site. In addition, Owner shall exercise commercially reasonable diligence in an effort to cause financing companies to designate the Site (and the City of La Quinta) on reports they are required to file with the SBE as the situs of the financing of any goods where the transaction is generated from the Site. 3.2 Use Restriction. During the entire Operating Period, that portion of the Site intended and approved by the City to be used as a Costco Wholesale Facility shall not be put to any use other than the operation of the Costco Wholesale Facility and incidental related uses that comply with the Entitlements and applicable provisions of City's Municipal Code. 3.3 Repair of Site; Landscaping. During the entire Operating Maintenance and Period, Owner, at its sole cost and expense, shall keep and maintain the Site and the improvements thereon and all facilities appurtenant thereto in first class condition (as judged by other developments of similar quality located in Palm Desert, Palm Springs, Rancho Mirage, Indian Wells or La Quinta) and repair and free from accumulations of debris, weeds, graffiti, and waste materials, with landscaping in a healthy condition, and shall otherwise fully comply with the Site's maintenance standards established in the Entitlements. During such period, Owner shall not abandon any portion of the Site or leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as to unreasonably increase the risk of any damage to the Site or of any other impairment of City 's interest set forth in this Covenant. During the entire Operating Period, Owner, at its sole cost and expense shall maintain the landscaping on the Site in compliance with the approved landscape plans. 3.4 Compliance with Laws. During the entire Operating Period, Owner shall construct and operate the Costco Wholesale Facility on the Site in conformity with all applicable federal, state (including without limitation the California Civil Code, the California Government Code, the California Health & Safety Code, the California Labor Code, the California Public Resources Code, and the California Revenue & Taxation Code), and local laws, ordinances, and regulations (including without limitation City standards relating to the placement of storage containers), provided that Owner does not waive its right to challenge the validity or applicability thereof to Owner or the Site. 2156/015610-0002 571606.07 a12/22/05 3.5 Non -Discrimination. In the development and operation of the Costco Wholesale Facility, Owner agrees not to violate applicable laws that prohibit discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin. 3.6 Indemnification of City. Owner shall defend, indemnify, assume all responsibility for, and hold the City, and the City's representatives, volunteers, officers, employees and agents, harmless from any and all claims, demands, damages, defense costs or liability of any kind (including attorneys' fees and costs), that arise from Owner's operation of the Site or which may be caused by any acts or omissions of the Owner under this Covenant, whether such activities or performance thereof be by Owner or by anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Covenant including, but not limited to, Owner's failure to pay, if required, prevailing wages on the construction and development of the Costco Wholesale Facility. Costco shall be solely responsible for determining and effectuating compliance with prevailing wage laws, and the City makes no representation as to the applicability or non - applicability of any of such laws to the development and construction of the Costco Wholesale Facility or any part thereof. Costco hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to Costco or its contractor(s), in writing or otherwise, in a call for bids or otherwise, that the development or construction of a Costco Wholesale Facility is not a "public work," as defined in Section 1720 of the Labor Code. 4. OBLIGATIONS OF CITY. 4.1 Covenant Payments to Owner. 4.1.1 Amount of Covenant Payments; Cap. In consideration for Owner's undertakings pursuant to this Covenant and the encumbrance of Owner's interest in the Site pursuant to this Covenant, City shall make the following Covenant Payments to Owner after the end of each Quarter (or part thereof) during the Operating Period: (a) Subject to subparagraph (b) below, the Covenant Payments with respect to each Quarter shall be in an amount equal to forty percent (40%) of the Sales Tax for that Quarter, except that in the Quarter during which the Termination Date occurs, the Covenant Payments shall be prorated such that City shall only pay to Owner 40% of Sales Tax for the period between the first day of such Quarter and the Termination Date. (b) Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall the total amount of Covenant Payments made by City to Owner exceed the sum of Four Million Dollars ($4,000,000) (the "Covenant Payments Cap Amount"). In this regard, it is understood and agreed that the Covenant Payments are in consideration of Owner's performance during each Quarter of the Operating Period and are not repayments of a loan. (c) Notwithstanding any other provision set forth in this Covenant to the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the 1156/015610-0002 571606.07 a]2/22/05 end of the Operating Period, City shall have no further obligation after that time to make additional Covenant Payments. (d) In the event that the Covenant Payments Cap Amount is not reached by the date that is eight (8) years following the Commencement Date and provided that this Covenant has not been otherwise terminated and provided further that the Owner is not in default under this Covenant, then this Covenant (and the Parties obligations hereunder) shall continue for an additional period until the Covenant Payments Cap Amount is reached, but in no event shall the total duration of this Covenant exceed ten (10) years from the Commencement Date. 4.1.2 Source of Payments. The Covenant Payments shall be payable from any source of funds legally available to City, including City's general fund. In this regard, it is understood and agreed that the Sales Tax that is generated from the Costco Wholesale Facility operation on the Site is being used merely as a measure of the amount of the Covenant Payments that are periodically owing by City to Owner and that City is not pledging any portion of the Sales Tax generated from the Site to Owner. 4.1.3 Payment Procedure. Not later than thirty (30) days after the Sales Tax for the Costco Wholesale Facility is paid to City by the SBL for a Quarter during the Operating Period, City shall pay the Covenant Payment for said Quarter, or portion thereof, to Owner. Each such payment shall be accompanied by a statement identifying (i) the amount of Sales Tax upon which the Covenant Payment amount was calculated and (ii) a cumulative total comparing how the Covenant Payment in question, together with all prior Covenant Payments, relate to the Covenant Payment Cap Amount. It is understood that the amount of City's quarterly Covenant Payments to Owner shall be based upon the amount of Sales Tax that City shall have been able to reasonably confirm it actually has received from the SBE within fifteen (15) days prior to the applicable payment date. If and to the extent that City has not been able to confirm receipt of Sales Tax revenues prior to that date after and despite its exercise of reasonable diligence to do so, its subsequent receipt of Sales Tax with respect to a particular Quarter shall be included in the next succeeding payment(s) required to be made to Owner hereunder. In addition, if after any such quarterly payment is made, either City or Owner obtains information that the amount of City's payment was in error, the Party obtaining such information shall promptly notify the other Party and shall provide such detailed information as may be necessary to explain the discrepancy. The discrepancy then shall be taken into consideration by means of an adjustment to the next quarterly payment to be made by City (either an additional payment in the event City has underpaid a prior Covenant Payment that is due or a credit against the subsequent Covenant Payment in the event City has overpaid); provided, however, that in the event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an immediate adjustment and in such event the other Party shall make an appropriate payment within fifteen (15) days from receipt of said notice. 4.1.4 Books and Records. Upon the written request of either Party, the other Party shall make available for inspection (at City Hall in the event of a review of City records and at Owner's place of business in La Quinta in the event of a review of Owner's records) such 1156'015610-0002 , 5716 06.07 a 12 /22/05 of its books and records as the requesting Party may reasonably determine must be reviewed in order determine whether the correct amount of Covenant Payments have been made or are being made hereunder. Notwithstanding the foregoing, City shall not be required to produce any books or records that it is prohibited from producing by law and Owner shall not be required to produce information that violates the statutorily prescribed privacy rights of individual customers. 4.1.5 No Acceleration; Prepayment Permitted. It is acknowledged by the Parties that any payments by City provided for in this Covenant are in consideration for the performance by Owner during the time period(s) for which payments are due. Therefore, City's failure to timely make any payments or City's failure to perform any of its other obligations hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City to Owner. The City shall be permitted to prepay any of the Covenant Payments at any time without penalty. 4.2 Additional Condition Precedent to City's Obligations. In addition to the provisions set forth in Section 2 of this Covenant, City's obligation to make the Covenant Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period shall be contingent and conditional upon Owner's performance of its obligations set forth in Section 3 of this Covenant during such Quarter. 4.3 Provision of Sales Tax Statements to City. Upon the written request of City, Owner shall deliver to City true and correct copies of all reports that Owner files with the California State Board of Equalization (`SBE") with regard to taxable sales transactions occurring on, generated from and with respect to the Costeo Wholesale Facility operation on the Site to the extent the same pertains thereof relates to the Site (the "Sales Tax Statements"). Such reports shall be delivered to City within ten (10) days of the City's request. In the event that there is any private business or customer information on the Sales Tax Statement that is not reasonably necessary to enable City to verify the accuracy thereof for purposes of performing its obligations and enforcing its rights set forth in this Covenant, Owner shall be permitted to redact such information from the copy of the document provided to City. 5. DEFAULTS AND REMEDIES. 5.1 Defaults. (a) Subject to Force Majeure (Section 6.6), the occurrence of any of the following shall constitute a Default: (i) the failure by either Party to perform any obligation of such Party for the payment of money under this Covenant if such failure is not cured within fifteen (15) calendar days after the nonperforming Party's receipt of written notice from the other Party that such obligation was not performed when due, or (ii) the failure by either Party to perform any of its obligations (other than obligations described in clause (1) of this Section 5.1) set forth in this Covenant, if such failure is not cured within thirty (30) days after the nonperforming Party's receipt of written notice from the other Party or, if such failure is of a nature that cannot reasonably be cured 2156/015610-0002 571606.07 a12/22/05 within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days and thereafter diligently and continuously prosecutes such cure to completion; or (iii) any representation or warranty by a Party set forth in this Covenant proves to have been incorrect in any material respect when made; or (iv) the Costco Wholesale Facility is materially damaged or destroyed by fire or other casualty during the Operating Period and Owner fails to commence restoration of the improvements within a six (6) months or thereafter fails to diligently and continuously proceed to complete such restoration in accordance with this Covenant; or (v) Owner is enjoined or otherwise prohibited by any governmental agency from occupying the Site during the Operating Period and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason. (b) In the event Owner fails to perform any of its obligations under this Covenant and City sends a notice of such failure to Owner, concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust holder with respect to the Site (herein the "Holder") (the name and address of which Holder shall be furnished by Owner or such Holder to City) and the Holder shall have the same period of time as is available to Owner to remedy such breach or failure under this Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. 5.2 City's Remedies Upon Default by Owner. Upon the occurrence of any Default by Owner, and after Owner's receipt of written notice of default and expiration of the time for Owner to cure such Default as provided in Section 5.1, City may at its option: (i) suspend the payment of Covenant Payments otherwise due and payable to Owner hereunder for the period that Owner remains in Default. If City has so suspended its payments in accordance with the terms of this clause (1), then upon Owner's cure of such Default, City shall resume its payment obligations, but shall have no obligation to make payments for any Quarter or portion thereof during which City's obligation to make payments was so suspended; or (ii) if the Default continues uninterrupted for a period of six (6) months, City may terminate this Covenant, in which case City's obligation to make payments to Owner for any period of time after the occurrence of the Default shall be finally terminated and discharged. In no event, however, shall City have the right (i) to specifically enforce Owner's covenants set forth in Section 3 of this Covenant, (ii) to seek damages other than by offset of future Covenant Payments otherwise due hereunder, (iii) to prevent Owner's conversion of the Site to another lawful use (even if such use would be inconsistent with this Covenant), or (iv) to sue Owner or to recover from Owner any amount that is actually or allegedly attributable to loss of anticipated Sales Tax or other revenues, whether because the amount of Sales Tax generated from the Site is less than projected by Owner or City, or because Owner does not operate the Costco Wholesale Facility on the Site for the entire Operating Period, or otherwise. 2156/015610-0002 571606.07 a12/22/05 5.3 Owner's Remedies Upon Default by City. Upon the occurrence of any Default by City, and after City's receipt of written notice of Default from Owner and expiration of the time for City to cure such Default as provided in Section 5.1, Owner may terminate this Covenant by written notice to City and/or seek whatever legal or equitable remedies may be available to Owner, subject to the provisions of Section 4.1.5. 5.4 Cumulative Remedies; No Waiver. Except as expressly provided herein, the nondefaulting Party's rights and remedies hereunder are cumulative and in addition to all rights and remedies provided by law from time to time and the exercise by the nondefaulting Party of any right or remedy shall not prejudice such Party in the exercise of any other right or remedy. None of the provisions of this Covenant shall be considered waived by either Party except when such waiver is delivered in writing. No waiver of any Default shall be implied from any omission by City to take action on account of such Default if such Default persists or is repeated. No waiver of any Default shall affect any Default other than the Default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Covenant shall be construed as a waiver of any subsequent breach of the same provision. A Party's consent to or approval of any act by the other Party requiring further consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent to or approval of any subsequent act. A Party's acceptance of the late performance of any obligation shall not constitute a waiver by such Party of the right to require prompt performance of all further obligations. A Party's acceptance of any performance following the sending or filing of any notice of Default shall not constitute a waiver of that Party's right to proceed with the exercise of its remedies for any unfulfilled obligations. A Party's acceptance of any partial performance shall not constitute a waiver by that Party of any rights relating to the unfulfilled portion of the applicable obligation. 5.5 Limitations on City's Liability. Owner acknowledges and agrees that: (i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or similar association between Owner and City, the relationship between Owner and City pursuant to this Covenant is and shall remain solely that of contracting Parties, that the development and operation of the Costco Wholesale Facility is a private undertaking and is not a public work, and City neither undertakes nor assumes any responsibility pursuant to this Covenant to review, inspect, supervise, approve, or inform Owner of any matter in connection with the development or operation of the Costco Wholesale Facility on the Site other than as expressly provided for herein, including matters relating to architects, designers, suppliers, or the materials used by any of them; and Owner shall rely entirely on its own judgment with respect to such matters; (ii) by virtue of this Agreement, City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Site, whether arising from: (a) any defect in any building, grading, landscaping, or other onsite or offsite improvement; (b) any act or omission of Owner or any of Owner's agents, employees, independent contractors, licensees, lessees, or invitees; or (c) any accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or approving anything required to be performed or given to City under this Covenant, including any certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 2156/015610-0002 571606.07 a12/22/05 6. GENERAL PROVISIONS. 6.1 Integration and Amendment. This Covenant and the Agreement constitute the entire agreement by and between the Parties pertaining to the subject matter hereof, and supersede all prior agreements and understandings of the Parties with respect thereto. This Covenant may not be modified, amended, supplemented, or otherwise changed except by a writing executed by both Parties. 6.2 Captions. Section headings used in this Covenant are for convenience of reference only and shall not affect the construction of any provisions of this Covenant. 6.3 Binding Effect-, Successors and Assigns; Assignments. This Covenant shall run with the land and shall be binding upon and inure to the benefit of, the Parties and their respective successors and assigns, as limited by this Section 6.3. Except as such assignment relates to Holder, the Owner shall not assign, hypothecate, encumber or otherwise transfer, either voluntarily, involuntarily or by operation of law, its rights or obligations as set forth in this Covenant without first obtaining the City's written consent, which may be given or denied or conditioned in the City's sole and absolute discretion. Owner may assign its right to receive the Covenant Payments to any Holder for security purposes or to any lessee or business owning and operating the Costco Wholesale Facility on the Site. In the event of an assignment for security purposes to a Holder, City agrees that this Covenant be subordinated to the lien of said Holder's deed of trust or mortgage and City agrees to cooperate with Owner in executing an appropriate subordination agreement. In the event of any assignment that is consented to in writing by the City, the references in this Covenant to "Owner" shall be deemed to refer to the assignee. 6.4 Counterparts. This Covenant may be executed in two or more counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 6.5 Governing Law. This Covenant shall be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of law principles. 6.6 Force Majeure. Notwithstanding any other provision set forth in this Covenant to the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth herein where delays or failures to perform are caused by circumstances without the fault and beyond the reasonable control of such Party, which circumstances shall include, without limitation, fire/casualty losses; strikes; litigation; unusually severe weather; inability to secure necessary labor, materials, or tools; delays of any contractor, subcontractor, or supplier; unjustified acts or failure to act by City or other governmental agency in the processing or approval of plans or permits or inspection or approval of the construction of the Costco Wholesale Facility project; litigation by third Parties challenging the validity or enforceability of the Agreement or this Covenant or the Entitlements; and acts of God (collectively, "force majeure"). Adverse market conditions or Owner's inability to obtain financing or approval to operate the Costco Wholesale Facility shall not constitute events of force majeure. In the event 2156/015610-0002 571606.07 a12/22/05 of an event of force majeure, the Party so delayed shall notify the other Party of the circumstances and cause of the delay within a reasonable time period after commencement of the delay, it shall keep the other Party informed at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter. 6.7 Notices. Notices to be given by City or Costco hereunder may be delivered personally or may be delivered by certified mail or by reputable overnight delivery service providing a delivery conformation receipt, with mailed notices to be addressed to the appropriate address(es) hereinafter set forth or to such other address(es) that a Party may hereafter designate by written notice. If served by overnight delivery service or certified mail, service will be considered completed and binding on the Party served on the date set forth in the confirmation or certification receipt. If notice is to City: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253-1504 Attention: Mr. Tom Genovese, City Manager with a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney If notice is to Costco: Costco Wholesale Corporation 999 Lake Dr. Issaquah, WA 98027 Attention: Property Management/Legal Dept. with a copy to: Greenberg Glusker Fields Claman Machtinger & Kinsella LLP 1900 Avenue of the Stars, Suite 2100 Los Angeles, CA 90067 Attention: Henry D. Finkelstein 6.8 Further Acts. Each Party agrees to take such further actions and to execute such other documents as may be reasonable and necessary in the performance of its obligations hereunder; reserving to City, however, its lawful discretionary and police power authority. Without limiting the generality of the foregoing, upon the expiration or termination of the Operating Period, City will execute and deliver such instruments as may be prepared by Owner at Owner's expense to release the cloud upon title to the Site created by this Covenant; provided, however, that any such document shall be in a form reasonably acceptable to the City Attorney of City. 2156/015610-0002 571606.07 a12/22/05 6.9 Third Partv Beneficiaries. With the exception of the specific provisions set forth in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under this Covenant and no such other third parties shall have any rights or obligations hereunder. 6.10 Attorney's Fees. The prevailing party shall be entitled to recover its reasonable attorneys fees and costs in connection with any breach or default by the other party under this Agreement. [Signatures contained on next page.] 2156/0li 610-0002 571606.07 a12/12/05 IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the Effective Date. "CITY" CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney "OWNER" COSTCO WHOLESALE CORPORATION, a Washington corporation By: Its: By: Its: 2 156/0 156 10-0002 571606.07 a12/21,05 STATE OF CALIFORNIA ) ) ss COUNTY OF On personally appeared , before me, 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. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF On before me, 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. Notary Public [SEAL] 3156/015610-0002 �71606.07 a12/22/05 STATE OF CALIFORNIA ) ) ss COUNTY OF On personally appeared before me, 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. Notary Public [SEAL] 2156/015610-0002 571606.07 al2/22/05 EXHIBIT "A" LEGAL DESCRIPTION OF SITE (to be inserted] 2156/015610-0002 -S71606.07 a12/22,05 Gl, b O F Tl�� COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Consideration of City Council Reorganization RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the City Council select a member to serve as Mayor Pro Tem for a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 98-109 require that, in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. On December 6, 2005, the City Council voted to delay their selection of the Mayor Pro Tern and hold it concurrently with the reorganization of the Redevelopment Agency. The by-laws of the Redevelopment Agency call for election of the Chairperson and Vice Chair to be held during the first meeting in January. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Select a Mayor Pro Tern to serve a term as provided by Resolution 98-109; or 2. Provide staff with alternative direction. Respectfully submitted, J Juno _S Gfeek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager K w c£�f OF Tl�LO COUNCIL/RDA MEETING DATE: January 3, 2006 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of City Council Standing Committee Appointments. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select representatives of the City Council to serve on various committees for the year 2006. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1, for Council's consideration, is a complete list of committees and the appointments that were made last year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Select representatives of the City Council to serve on various committees for the year 2006; or 2. Do not select representatives of the City Council to serve on various committees for the year 2006; or 3. Provide staff with alternative direction. Respectfully submitted, J ` G`eek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . List of Existing City Council Committee Assignments ATTACHMENT 1 City of La Quinta Appointments COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE: Member: Don Adolph, Mayor Alternate: Stanley Sniff, Mayor Pro Tern Non -Voting Member: City Manager Meets last Monday of each month at 6. 00 p.m. ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Lee Osborne, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12: 00 p.m. HUMAN & COMMUNITY RESOURCES COMMITTEE: Member: Alternate: Staff Support: Meets fourth Wednesday of each month at 11:45 a.m. PUBLIC SAFETY COMMITTEE: Lee Osborne, Council Member Ron Perkins, Council Member Community Services Director Member: Ron Perkins, Council Member Alternate: Terry Henderson, Council Member Staff Support: Building & Safety Director Community Safety Manager Meets third Monday of each month at 10:00 a.m. TRANSPORTATION COMMITTEE: Member: Alternate: Staff Support: Meets third Monday of each month at 12: 00 p.m. Ron Perkins, Council Member Terry Henderson, Mayor Pro Tern Public Works Director/City Engineer UK N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 TECHNICAL ADVISORY COMMITTEE: Member: Meets second Friday of each month at 10: 00 a.m. TECHNICAL PLANNING SUB -COMMITTEE: Member: Alternate: Meets third Monday of each month at 820 a.m. City Manager Community Development Designee Community Development Director TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Alternate: Meets fourth Thursday of each month at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Public Works Director/City Engineer Senior Engineer Member: Community Development Director or Designee Alternate: Associate Planner Meets first Monday of each month at 1:30 p.m. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Member: Appointed: Alternate(s): Lee Osborne, Council Member January 7, 2003 Personnel/Risk Manager CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON Member: Management Analyst Appointed by City Manager Authorized by Council: October 1, 1996 F N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Lee Osborne, Council Member Appointed: (for three consecutive meetings) Rotates after three meetings Rotates Annually CIVIC CENTER ART PURCHASE COMMITTEE Members: Vacant COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Alternate: Staff Support: Don Adolph, Mayor Lee Osborne, Council Member Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board Member: Term: Term Expires: Staff Support: Meets second Tuesday of each month at 7.•00 p.m. Ron Perkins, Council Member Four Years June 30, 2004 Re -appointed.- 71211996 Re -appointed.- 511812000 Re -appointed.- 11712003 Re -appointed. 5118104 City Manager COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member: Alternate: Staff Support: Meets second Monday of every other month at 3:00 p.m. Stanley Sniff, Mayor Pro Tern Terry Henderson, Council Member Community Development Director ?6 N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY Member: Alternate: Staff Support: Lee Osborne, Council Member Terry Henderson, Council Member Community Development Director Meets last Wednesday of each month at 4: 00 p.m, at Thermal Airport COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Council Member (Appointed. September 22, 2004) IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No La Quinta Representative at present Position appointed by L L D. Board - City may present a nomination when vacancy occurs LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION (Selection Committee) Delegate: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Appointed: December 16, 1997 Reappointed.- January 7, 2003 Reappointed.- January 6, 2004 Reappointed.- January 4, 2005 LIBRARY SERVICE ZONE ADVISORY BOARD Member: Appointed: Alternate: Appointed: Terry Henderson, Council Member October 1, 1996 Don Adolph, Mayor October 1, 1996 N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY Executive Board Member: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9: 00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION Commission Member: Nancy Doria (79-448 Calle Prospero Appointed: 9/7/04 Alternate Member: Michael Mastrogiuseppe (78-895 Via Trieste Appointed 9/7/04 Terms determined by City Council Meets the first & third Wednesday of each month at 8: 00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Term: Expiration: Vacant Two-year Term February 1, 2002 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Councilmember Commission Alternate: Don Adolph, Mayor Appointed: January 7, 2003 Terms began January 1, 1999 - No expiration date Meets second Wednesday of each month at 9: 00 a.m. in Riverside SUNLINE TRANSIT AGENCY Board Member: Alternate: Staff Support: Meets last Wednesday of each month at I2:00 p.m. Don Adolph, Mayor Lee Osborne, Council Member City Manager Appointed: January 7, 2003 I N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 Members: SCHOOL AD HOC COMMITTEE Lee Osborne, Council Member Stanley Sniff, Mayor Pro Tern '19 N:\LISTS\Boards-Commissions\Council Committee Roster Updated: December 22, 2005 COUNCIL/RDA MEETING DATE: January 3, 2006 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Investment Advisory Board Appointments STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Appoint two new members to current vacancies on the City of La Quinta Investment Advisory Board. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta received resignations from two of the long-term members of the Investment Advisory Board in October, 2005. Commissioners Cyrille Mafoud and Tom Lewis have both moved from the area. Staff placed advertisements in the Desert Sun, local section, in November and again in December. The applications received by the second deadline are included for the City Council's consideration (Attachments 1, 2 and 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Appoint two new members to the City of La Quinta Investment Advisory Board; or 2. Do not appoint two new members to the City of La Quinta Investment Advisory Board; or 3. Provide staff with alternative direction. Respectfully submitted, e Greek, City Cler Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Application submitted by Randy Rassi 2. Application submitted by Gary Egbert 3. Application submitted by James E. Emmons 2 ATTACHMENT Date: �r= •._ (�f .. �" .q,5 RED`G IWED MS DEC 5 PC 1 96 CITY OF LA QUINTA CITY OF LA QUINTA APPLICATION TO SERVE CITY CLERK'S OFFICE ON LA QUINTA INVESTMENT ADVISORY BOARD pp . NAME: RArjD4 [it, 55t HOME ADDRESS: `Z i 36 5 _7C#k0rJJA Ay f ,% rA TELEPHONE: (HOME) 7 71 - Z 1 BUSINESS: r; EMAIL: c ,,ro . A r t Z Q 0. CM FAX: � `.7' � � Z07og BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD �, t` A i.� �;. � � { F •i. � E .� ' ram- £ r r + AV LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? `/ 5 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. j��;�►�i�-/�cc�urrt-��t"��v��tT`��- i���t��� �:..I� ����..�` I1i7 5 14i2- A SStS f4Wr rr.vA^yc_c Diexci-ga,- Citti ormotof"'to Aug—' 2ooS-CVr4^)('IA' �w- �,< �1�f36' a� a^'o DESCR t `l� n A C; tr ��4��. C$rfitF1ft F1dgAd(tAL Apm,►Nt..51 AI'6'L-Cert rCcttod C-Y,f Vs0 t" M 11, 1 PA L_`..1 Idr?,,E14 �C_1``j1^71C `Js� �� 1 5 {e � i k APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. I ff i"'cV+ e,..'s / a�r��t �r Tit e.4KUrt;' ` RC fot-T rc®r Lo-&pFta-., e t w,tT� t.y�yeS Tiot C-t ��p C\J F t y . C !t o-r t-ct 51 - :L6 W- e e -1- 0trE�tc-100-TeAt fir t 1. h� @ E � V& Ca ^�- AVjCrors 'ro tyfov% 51c At f A%/A �T' (uA'% rKe4p3 o.,% trlT'e-r^j Co.,T'ralf � lAyef���c CACTI'vttte 5 W-kke syke 0,AA-&e^Je t tb,.q ( ahl�nTcrtk& I c\1-'Tc(1 I'c i we 04 cVs ►©dto;t Coy ref (>41-tr to.(-tx What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? if y r Q. r p, \ JAe-M t r or- vt t�.T -o J; 2 o..,, * s J( peg rill a r het1rtt-.1( ( to it; AIIo.to.�1e iyiyetrAkeAfs. Kee- o,A.-tc-4t/ttt0.1, f a*X A�Ove- SkastJ ` o►-�fi f t ravyIt �y (` teaaeara ' T e .. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La ,Quinta Investment Advisory Board? L I -\JT-(-RA,, Pr-#a"t ( t", r =, 411, - i eea,(-,, -tot. CiT1 t..�v(lf r)r'V_ C ir-) o d.R*. ' k'a`� DV�I IE j I-e 4 4o� �I �T "��i^Jit, �jn?� P j i'gjr'TS .--, F it-e Z� yc(A :iTj 'trtV'k(AAc(_ Dkrc.tltAr 0,A 7" e4.spref 0s A/A of 7 �e, orf i s ate d AU t t i'l ��,4G T I V f d u r4 AJ 'tk t S . Ir. I'll /uVn1C.Ifj,1 l'y-tttwerl AS5`00-Et�t�,IJ�t��fiw�i't'2c� dy� 5TAT tt (� i1 5,0 ta. e �t Tw u �$ f .�. s +R & �" f@ S F> +t 0 D ky t s i o et (C o d t i E"R gyp 4 o \j P A clk--e wx As r os . o; P-Alt t. Trt%-1 VIM, M,y -� Vi t toa oLdt, . Fo"f c- Ct o a r•«eat,^ 0-"-I-or At&gc(ef Atek dtyifto, O4. C045'octcitceel� r,-1 `..4( 04�1GQ(r ef��fC��t�� Z 6T'i' ), Vi N i L- A `i" Tt-t E -� � . t a (� � �e r � e� r � -� 'I y � r ,�`� FF: nr..+(�SF t- � 1 Tie doT L.,FAe ( r d C v 2(L� /i� L-�} � �� � e`3 l �-� t � �e tod �{ �' � � !�6"t_'c�aee� �-� l��cd_ � ��, __ �? i r,.� . ,�„� -_ �• ,:.9 n r , � < <. �: -e- I�}lfre�?nF6f^'4 ATTACHMENT 2 The City of La Quinta City Clerk 78-495 Calle Tampico La Quinta, CA 92253 Re: Investment Advisory Board My name is Gary Egbert and I've been a resident of La Quinta for six years. Enclosed please find my application to serve on the Investment Advisor Board for the City of La Quinta. Two Board members, Messrs. Moulin and Olander I've known for several years. Recently I attended a Board meeting and had the pleasure of meeting your Chairperson, Christina Deniel. I've also met the City's Finance Director, John Falconer who kindly shared a copy of the City's Investment Policy which I reviewed and found to be a superb document. As my enclosed application indicates, I spent 30 years in the commercial banking industry and was involved mostly in financial analysis, underwriting, syndication and compliance. Bankers are bonded employees and, as such, must possess high standards of ethics and transparency if they wish to continue in the public's trust. If the City Council agrees, perhaps this experience could prove useful in this advisory capacity. I'm a Realtor currently (Windermere La Quinta) and I focus on commercial and residential transactions within the city limits. I feel the City of La Quinta has a bright future and one which I enjoy sharing with my clients. I intend to always remain a resident of La Quinta and would very much like to contribute to the city in this manner. Thank you for your consideration. Sincerely, Gary g, 54100 Avenida Montezuma PO Box 1411 La Quinta, CA 92247 1 4 1i Date: P,ECE!V17f) CITY OF LA QUINTA APPLICATION TO SERVE M,; DFC 21 pj� 19 ON 01 _1 Y F L U hN T A LA QUINTA INVESTMENT ADVISORY B0AWEF',Q NAME: U"''11::PC1y 2253 HOME ADDRESS: Z,4 eVtdt'�I-W TELEPHONE: (HOME) 7 7ci'_!S7_ BUSINESS: EMAIL:LX'-C-er 7 FAX: c- BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. GARY EGBERT 54100 Avenida Montezuma La Quinta, CA 92253 Mailing address: PO Box 1411 La Quinta, CA 92247 Bio- Born and raised in Portland, Oregon. Graduated from Portland State University in 1974 with a Batchelor of Science Degree in Business Administration with minors in finance and economics. Work Experience- Thirty year commercial banking career with The Bank of California, The Oregon Bank, Seattle First National Bank, Peoples National Bank and US Bank. Virtually all of these years were devoted to financial analysis and commercial finance. During the last ten years I developed a national reputation for underwriting and syndicating senior debt facilities for the Telecommunications Industry and other emerging technologies. Curiously, I was the original lender to such noteworthy companies as Cellular One, AT&T Wireless, Nextel and T-Mobile and I still maintain personal relationships with the founders of these companies. Currently active as a Realtor in the Coachella Valley. Civic Involvement- Elected to two terms as Precinct Committee Officer in Redmond, WA and attended the state Republican convention. Director Emeritus of the Western Golf Association in Chicago, Illinois. The WGA operates and endows the Evans Scholarship Foundation. ATTACHMENT 3 JAMES E. EMMONS 79-645 Corte Del Vista La Quinta, California 92253 (760) 200-4722 December 26. 2005 Honorable Mayor and City Council City of La Quinta 78-496 Calle Tampico La Quinta, California 92253 Dear Mayor and City Council Members: R`C�I�'�D 20Gz DEC 27 I'(I 2 's C;?-Y OF �A 1U TA Cl___;:,. Last September, my wife Kathi and I moved from Orange County and began establishing roots in your wonderful city. This is the first time that we have been able to select where we wanted to live. I own a homeowners association management business with offices throughout southern California and Kathi is a clinical pharmacist. I am fortunate that I can tele-commute most times and Kathi loves her new position at Eisenhower Medical Center. Last week I saw the notice in the Desert Sun regarding the Investment Advisory Board. This is of interest to me since I enjoy being involved in my community. My business does not afford me the free time that I would like, but it seems that this Board would enable me to lend some expertise gained during my "prior life" in public administration. I could certainly make a commitment of the time necessary to serve on a Board such as this and would enjoy such an opportunity. As you will see on the application, I served as City Manager in Westlake Village and La Habra Heights. After I gave up the public administration career, I started a homeowner association management company which has grown quite large over the years. In its early years, I was urged to run for the City Council in Westlake Village where I served two terms on the City Council and two terms as Mayor. I greatly enjoyed being involved with my City but as the company grew it became necessary to let go of this avocation. Since then, I enjoy keeping up with the local issues but enjoy observing from afar. I have tremendous respect for all of the time and efforts that all of you give to your community. It would be an honor to serve on this Board or to undertake any task in which I could be of assistance to you in your service to the City of La Quinta. Sincerely t JiVmmons 6 P I Date: CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: L 1V HOME ADDRESS: 7 `7 TELEPHONE: (HOME) ? 1 2 Z BUSINESS: 7 `-4 �� Z EMAIL: FAX: Z, BUSINESS ADDRESS _) '7 3 c c- I �� �� �t ) '� t le I c f ► , ► ._ �.: "� ` / < �l IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: Jy) C HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �.� L / C �Yz ��y j 6-7.lJ�_�r_ + f / 4 V —A L, �r l t / �.;��4� { Bv d 111, / f'!/�c'Ytcc �->,r �c`Iz�` �iLc � �c �1 y '/�l'4e ��`% �� /`ily C ,4 ? . %t c S> L,-i P 9 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. / L t { t 1 C) What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? atej:E-(.; �� �.' �1�, 'l�t� 1-iC✓i�ySLvilrwr. c' PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT � fl T4hf 4 e4:& Qu&z COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Consideration of City Policies for Public Display of Artwork and Consideration of Donation of Artwork RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Depending on the direction City Council gives staff, there may be costs associated with the preparation, installation, and removal of art pieces as well as the purchase and engraving of standard plaques for identification purposes. Staff estimates the cost to be between $300 and $500 per request. Funds for these costs are not included in the Fiscal Year 2005-06 City of La Quinta Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the regular meeting of December 20, 2005, the City Council considered an item under Written Correspondence concerning a request to display artwork at the La Quinta Public Library in memory of a loved one (Attachment 1). Subsequently, Council asked staff to develop a policy that would address related requests, and directed that an item be placed on this City Council agenda for consideration. On December 13, 2005, City staff learned that La Quinta Library staff had been fielding several requests to display artwork at the new Library facility. Three requests have been made of which City staff is aware and, although related, the requests are somewhat different in nature. The requests are outlined below: 1 . A group has purchased an art piece in memory of a loved one and wishes to donate it to the City for display at the La Quinta Library (this request was considered on December 20, 2005 under Written Correspondence and is included as Attachment 1 ; no action was taken by Council); 2. The Friends of the La Quinta Library have purchased an art piece for the La Quinta Library Children's Room and wish to donate it to the City (Attachment 2); 3. A local artist, Jean Rosker, wishes to display her artwork at the La Quinta Library and has contacted Library staff and City staff; Ms. Rosker was asked to submit a letter to the City Council with her request (however, no letter has been received to date). In considering the nature of the requests and Council's direction to develop related policies and procedures, the Council may wish to review and consider similar policies and procedures already in place or considered in the past. These include: the Memorial Tree Donation Program; a Resolution of the City Council Accepting a Gift (painting) by the artist Centava; the City-wide Temporary Art Program; and the Temporary Art Donation and an Acceptance Agreement the City entered into with John Kennedy. A summary of these items is provided below along with a recommendation by staff on how they can be modified to accommodate to the requests mentioned above. Artwork Donated in Memory of an Individual In considering art donation requests in memory of loved ones, Council may wish to review the Memorial Tree Donation Program and adopt a similar program. The following is a summary of the City's Memorial Tree Donation Program (which is included as Attachment 3 along with the corresponding staff report): Designed for individuals wishing to make a donation to a City park or facility in memory or honor of another individual Trees are selected from an authorized list Donor indicates site of choice via a list of eligible facilities; exact location is determined by staff City is responsible for maintenance of donated trees A standard plaque is required with specific wording Honoree must be or have been a City resident OR donor must be a City resident Donor is responsible for all costs associated with purchase, installation, and plaque Staff has made modifications to the Memorial Tree Donation Program and has developed a draft Memorial Artwork Donation Program for Council consideration (Attachment 4). Staff is seeking Council direction on any step or item within the proposed process: Interested donor shall submit a letter to Council with request Public facilities for art display will include: City Hall, Senior Center, Library, and SilverRock Resort Person being memorialized must have been a resident of the City of La Quinta Council will determine appropriateness of artwork and consider acceptance Council will determine location where artwork will be displayed All costs associated with preparation, installation, removal, and plaque will be borne by the donor (and shall be paid to the City) City will be responsible for all work associated with displaying the art (including installation, purchase of plaque, and engraving of plaque) Donation becomes property of the City and donor must hold the City harmless for any damage or theft In addition to considering the above and providing staff direction, the Council may also wish to consider whether the donated artwork will be displayed in the determined public facility on a temporary or perpetual basis. Artwork Purchased for Donation to City In considering a permanent donation of artwork (as in the case of the art piece purchased by the Friends of the Library), Council may wish to review the staff report and corresponding resolution included as Attachment 5, which involves the donation of a painting the City accepted by the artist Centava. Permanent donation requests may be handled in a similar manner. Basically, the artist wishing to donate artwork for public display would submit a letter to the City Council with his/her request. Staff would then prepare a staff report and resolution for Council consideration and acceptance. A sample resolution is included as Attachment 6. The resolution proposed by staff includes the following: Specifies donor, artist, and title Council accepts donated artwork upon determination of appropriateness Artwork becomes property of the City of La Quinta Specifies retail value Donor holds City harmless of damages or theft while housed at City facility Council determines exact location for display of artwork Art piece shall be properly identified via engraved plaque In addition to considering the above and providing staff direction, the Council may also wish to consider whether the donated artwork will be displayed in the determined public facility on a temporary or perpetual basis. Artwork Donated on Temporary Basis by Artists In 1997, at the recommendation of the Art in Public Places Commission, the City Council approved the establishment of a City-wide Temporary Art Program (Attachment 7). The program was created in response to several artists interested in displaying their artwork in the City on a temporary basis. A Temporary Donation and Acceptance Agreement was developed at that time to allow the program to move forward. Given that the artwork was affiliated with "Art in Public Places" and involved monuments and sculptures, it was slated for outdoor placement. Not much activity has taken place in relation to this program due to the issue of insurance for the artwork. Program highlights include: Stated goal for the Art in Public Places Commission (i.e., to establish a Temporary Art Program) Allows artists to display their artwork on a temporary basis City determines the artwork that will be on display based on recommendation from Art in Public Places Commission City determines the time span for exhibition City determines the location of the artwork Artist responsible for all costs associated with installation and removal Artist responsible for insuring the artwork while on exhibit City utilizes Art in Public Places funds to provide plaque and wording The donation of temporary art can be handled similarly to the City's acceptance of the John Kennedy sculpture, which is currently located in close proximity to the Senior Center (Attachment 8 includes the staff report and related agreement). In conjunction with the approval of the City-wide Temporary Art Program, a Temporary Donation and Acceptance Agreement was developed (in order to officially accept the artwork on a temporary basis). Staff recommends that each request come before the City Council for consideration in the context of the existing program, i.e., via the execution of a Temporary Art Donation Acceptance Agreement ("Agreement") with the donor/artist wishing to donate their artwork for public display. However, references to Art in Public Places (Commission and Fund) may not be relevant. Modifications to the Agreement are suggested for better applicability to the nature of the recent artwork requests, which generally involve artwork to be displayed indoors. A revised sample Agreement is included as Attachment 9. Some of the items included within the Agreement are listed below: Establishes donation of artwork on a temporary basis Includes Exhibit "A" that calls for full description of artwork (including rendering and retail value) • Council determines appropriateness of artwork, which is accepted upon execution of Agreement • Council determines term of temporary donation Council determines location of artwork (at public facilities such as La Quinta Library, Senior Center, City Hall, SilverRock) Donor/artist responsible for costs associated with displaying the artwork (preparation, installation, needed maintenance, removal, etc.) City provides plaque to identify each artwork at cost of donor/artist Donor/artist holds City harmless for damages or theft of artwork while housed at a City facility City may give a 30-day notice that it no longer wishes to display the artwork As indicated in the City Council minutes of April 15, 1997, the City -Wide Temporary Art Program intended a review by the Arts in Public Places Commission of the proposals for temporary art with a subsequent recommendation to the City Council (outlined on page 4 of the staff report and contained in Attachment 7 of said report). As indicated in Attachment 2, the Friends of the La Quinta Library have suggested that a committee comprised of members of the Friends of the La Quinta Library and the La Quinta Arts Foundation could serve a similar function. City staff is seeking direction regarding this suggestion and to which facilities it may apply. The City Council has considered many other donations that were not reviewed and incorporated herein due to time constraints. If Council desires a more thorough and comprehensive analysis, including consultation with other cities in the Valley, staff would ask Council to allow more time for this to occur. Additionally, staff has not estimated the time needed for the implementation and administration of any of the options presented. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt policies and procedures in relation to donation of temporary and permanent art donations for public display; or 2. Do not adopt policies and procedures in relation to donation of temporary and permanent art donations for public display; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1 . Letter from Sondra Burchfield dated 12-16-05 2. Letter from Friends of the La Quinta Library dated 1 2-1 8-05 3. Staff Report regarding a Memorial Tree Donation Program dated 5-2-00 4. Memorial Artwork Donation Program 5. Staff Report regarding Acceptance of a Donation of a Painting dated 4-3-01 6. Sample Resolution regarding Acceptance of Donated Artwork 7. Staff Report regarding the Establishment of a City- wide Temporary Art Program dated 4-1 5-97 8. Staff Report regarding Temporary Art Donation and Acceptance Agreement dated 8-6-02 9. Sample of a Temporary Art Donation and Acceptance Agreement ATTACHMENT 1 Sondra Burchfield 79970 Tangelo LaQuinta, Ca 92253 (760) 564-7484 December 16, 2005 Dear Mayor Adoph and City Council Members: I am one of twelve women who wish to make a donation of a piece of art (see attachment #1 for description of artwork) to the new La Quinta Library in memory of a friend who died recently. Our friend was Claire Pyle, a reading specialist with a Master's Degree from Harvard University. Claire married Bob Pyle, a Washington lobbyist, seventeen years ago. Three years ago, when Bob retired, they chose to make La Quinta their permanent home. Currently, Bob serves on the Board for the Senior Citizens Center in La Quinta. The value of the lithograph with framing for our art work is $1,000.00 and was purchased from and framed by Artworks in Palm Desert. Unfortunately, we were not told we needed City Council approval until after we purchased the art and had it framed. In addition, I sent a letter to Claire's son telling him about our memorial to his mother. (See attachment #2. ) Claire's son will be visiting La Quinta in mid -January. We would greatly appreciate the City Council's attention to our request at its earliest convenience. Further, we will be happy to present the framed lithograph at your next meeting. Feel free to call me at 564-7484 so I can arrange to have the art work for the Council members to view. We greatly appreciate your attention to this matter and look forward to hearing from you. Sincerely, , Sondra Burchfield A eclrtijical, ,j-4.I1.nticiIV �7,a-q, '7 Gicl& Print on Arches Paj2er 123/200 C.CIItLcute f eunbc*r• Harvest Productions 1995 zr�a�uet..-NEcE'ier� ertr ��•irzEr�f pppp Archived at Graphics Alelger �( / (/(200 Arabic Numerals, 200 Roman Numerals a`�aarcZ� �ea�rcerct rstrtt f�En,zbekecl. Hors de Commerce; 25—Museum: 20, Printers Proof: 10. Trial Proof: 10 �Ftep•./Lf44L�FtaP'E2at[� ��rma�4 .��FJ�IutCLZ2e��V'k•L[5L "Iva 79 Pieces ,.FataC f�Ei�earc _ )ue i 1995 Edition of 300 ` x 7 �'} �J� / N o od�FI.EYrM©41.1 f..�n' 1Ke5�t'GFrC: C.eka., -74 .4 LlCh•L d EtE t4i, () h 4C�Gfi2y4e W p L �e/k6ftCCf[� �T Jf"[/YCY4�Yk !1 f6B 4C�@[E l'Q Cd� EC{6b CE[4�PE�YLt/ICEr �uni4�eet ecdel�iae� orcr�eeea��case crx� �e�. .�C Gti. �srcl �a�reect �� d'1u arf�E, cr�u� h� Firs �arirt�ee�orz eer�ehueRea��ckccf<fc� to(?% rxu sewn ray paper, anj is quarnafeed to 4e ttt repee4ertfecd. _, utf�k•ur� igktr��k� Topaz Circle f E Sondra Burchfield 79970 Tangelo La Quinta, Ca 92253 December 14, 2005 Dear Louis and Hope, I hope this Holiday Season finds you and your family well. The art work that has been purchased as a memorial to your Mona will be hung in the new La Quinta Library this week. The art is a signed, limited edi,,:ion lithograph entitled "Napping in Masai Mara." The artist, Doni Kendig, is a local artist who specializes in wildlife paintings and has done commission work for the Living Desert in Palm Desert. The framed lithograph will hang in the children's section of the library and will have a donor plaque stating: Donated by Friends of Claire Pyle." All who worked to make this memorial possible hope you enjoy viewing the lithograph the next time you visit La Quinta. Those ladies who contributed to the purchase of the art and the framing are as follows:* Barbara Berliner — 79-745 Cetrino Barbara Bartizal — 50-414 Via Sin Prisa Sonnie Burchfield — 79970 Tangelo Darlene Casella — 81935 Mountain View Lane Dode Haberman — 50-035 Camino Privado Jocelyn Jepson — 78-900 Lima Kidd, Cindy — 40-838 Calle Los Arboles, Indio, CA 92203 Kathy Latting — 744 Red Arrow Trail. Palm Desert 92211 Susan McKenna — 76-985 Avenida Ferrando Jan Olson — 77-905 Larredo Court Lisa Rosemond — 49-520 Mission Drive West Diane Small — 50-500 Cypress Point My very best to you and your family for a wonderful 2006. Sincerely, Sonnie Burchfield * With the exception of Cindy Kidd ,and Kathy Latting, all of the above ladies have a mailing address of La Quinta, CA 92253. a AY rALHMENT 2 FRIENDS OF THE LA QUINTA LIBRARY December 18, 2005 Honorable Mayor Adolph and Members of the City Council City of La Quinta+ 9 P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Adolph and Council Members, The Friends of La Quinta Library has purchased a piece of art from La Quinta Arts Festival poster artist Jason Napier. It is a sculpture of a family of quail. Enclosed is a picture of this sculpture and article telling a little about the artist. We would like to donate this sculpture, called Lady Bug Surprise, to the children's section of the library. The value is 3,995.00 dollars. We would also like to ask you to consider allowing the Friends to start a project that would put art on the many blank walls. We would have local artists hang their work in the library for a limited period of time, such as two months. The artist would have to sign a contract with a hold harmless clause stating the City, the library staff, and the Friends would not be responsible for damage or theft of their art. We know you are too busy to review the art for this project, so we suggest you appoint a committee of people from the Friends and Arts Foundation. The City would set the guidelines for the selection of the art. We suggest that we start with a one year project. Then if it is successful we will continue. Thank you for your consideration. v Diane Adolph, Treasurer 78080 Calle Estado, Suite 2, La Quinta, CA 92253-2912 LA (ZUINTA ARTS FfSTaCXL 200) ATTACHMENT 3 mod' °F:W QuAro AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: ITEM TITLE STUDY SESSION: Approval of a Memorial Tree PUBLIC HEARING: Donation Program RECOMMENDATION: Approve a Memorial Tree Donation Program. FISCAL IMPLICATIONS: No cost to the City of La Quinta. All costs associated with this program are the responsibility of the donor. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 1, 2000 City Council meeting, a Memorial Tree program (program) was discussed. The program would be designed for those individuals wishing to make a donation to a City park or facility, in the memory or honor of another. After some discussion, staff was directed to draft a policy based on the following criteria: donated trees are to be selected from an authorized list of trees for the facility chosen; the tree is to be planted in a location determined by staff; the City shall be responsible for maintaining the trees; a uniform size and material of plaque with wording to read "This tree donated in memory of (honor of) (individual's name) by (donor's name); individuals being honored or those making the request must be a current or have been a past resident of La Quinta; and the individual making the donation shall be responsible for the costs associated with the purchase and installation of the donated tree and plaque (Attachment 1). All site boundaries will be defined as provided by the approved landscape plans for the facility. Attachment 2 provides a draft policy for the Memorial Tree Program, based on the criteria outlined at the February 1, 2000 City Council meeting. Page 5 of this staff report (contained in Attachment 2) establishes the facilities that are eligible for the program as well as the residency requirements. The donor may choose the wording for the plaque from the two choices provided for consideration. '' A The program is then detailed as to the steps the City will take once the program fees have been paid. The proposed program fee is $335 per donation. The cost breakdown is as follows: 24 inch box tree: Average price $150 Installation of tree at the site $ 50 Stone marker $ 65 Imprinted Tile $ 20 Installation of tile and marker $ 50 $335 Page 6 (contained in Attachment 2) is the form that the donor completes and determines the site of their choice to receive the donation as well as three preferences of trees from the approved list. Staff will then take the information and implement the program. Pages 7-9 (contained in Attachment 2) are the approved trees, per the landscape plans, for each of the facilities that are available for participation in the program. When the Community Park and the Cove Oasis Trail are completed, the information will be included in the program. Pages 9-12 (contained in Attachment 2) is a list of the approved trees, with their Latin names and common names, as well as a brief description of the tree. Pages 14- 43 (contained in Attachment 2) are pictures of trees that correspond to the numbers on pages 9-12. The donor may read the description of the tree and then find the corresponding picture to view. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Memorial Tree Donation Program; or 2. Do not approve a Memorial Tree Donation Program.; or 3. Provide staff with alternative direction. Respectfully su Dodie Horvitz, eom%nWity Services Director S:\Community Services\CCReports\CC.041.wpd Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1 . City Council Minutes from February 1, 2000 2. Memorial Tree Donation Program Information s:\Community Services\CCReports\CC.041.wpd,�� F � U F? CFyOF TN�O Memorial Tree Donation Program The City of La Quinta has established a program for those wishing to honor individuals by donating a tree to be planted at one of the City's public facilities. The locations that are eligible for this program include: Adams Park Eisenhower Park Bear Creek Trail Fritz Burns Park Community Park La Quinta Senior Center Cove Oasis Trail La Quinta Sports Complex The residency requirements for the program state that the person being honored must be or have been a resident of La Quinta OR the person making the donation must be a La Quinta resident. When a donation is made in a person's memory or honor, a tree that is included in the landscaping plans for that facility may be chosen from the list provided. Once the program fees have been paid, the City will then purchase the tree and have a ceramic tile made that reads: This tree donated in memory of .rT0 This tree donated in honor of by by _ The ceramic tile will be mounted on a stone marker and placed in front of the tree planted for the occasion. The City of La Quinta will accept the program fee for the tree and ceramic the before the items are purchased and installed. The cost of the tree, ceramic tile, stone marker and installation of such is $350. Once the tree is planted, the individual making the donation will be contacted so that they may visit their donation to the City. The donation becomes the property of the City of La Quinta and will be maintained as such. The City of La Quinta reserves the right to make modifications or alterations to this program as deemed appropriate. For additional information, please contact the Community Services Department at 777- 7090. Tityl 4 o*P Q" Donor Information Name: Add City: Zip Code: Telephone Number: ( ) Person to be recognized: Time frame when the person was a City of La Quinta resident (if applicable): From: To: Wording on plaque (Please choose one): This tree in memory of by This tree in honor of by Type of Tree:(Please choose three trees, in order of preference) Adams Park Bear Creek Trail Preference #1: Community Park Preference #2: Cove Oasis Trail Preference #3: Eisenhower Park Fritz Burns Park La Quinta Senior Center La Quinta Sports Complex Date of Donation: Payment Received: Residency requirement met: Plaque ordered: Stone ordered: Tree ordered: Tree delivered and installed: Stone and plaque installed: Donor notified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�,.. �� e y. 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Golden -rain Tree Koelreuteria paniculata 3 ,I A MAP n LM Tv I. 4 It,4W'4 '� �'�//'�,`�1�'��.,,^rx.:'., Mai+ ,','ux •. •r t i s(• 't. �. ,I } ! + .•� % ► }.! 1 �'} n}may �. ;,,y w,{�:'Wr` �!'� rI. Y �- 1 + �` ,S. � t � �~l \l ;ice .r r '� � ♦+y6. F ♦ Y ! \j�. r r r .. .. fir' 7;} ` �,. .ram} � � ; +, r. •�� � +�r f s �.\ ,1 • S, ' .e -- SFi �: :.+1 �F.A*•tP �i r ,' akwl��l �Yt • ���(t; '�' d�aru� • •r 'i i', ��� � t� , :� Iwiy %F t cif'?^ :�i • _ r ! i � � _ - � r #�6- ir ,i. v•' '.����—'r`'±, •. ; �',�'• d to y, f .f • ,y ! o- 17,x #24 M w i 7fall jt t � 1 r �r'y� ).t r. i1�{('Y'r4y'•�•s'l i4 4 _H 6 .ash l r ♦ .r w k. 4.. i%�il� 'i �}.451 }S}�'4 y �• Y 1. 1W ryl. � :�gyiL\\} t tt •".5" t ♦'� 41>,' y. r' y .: 5ytl4sl�P ss .�' 1 i.• . w�. '.11.' � L �4bY ys. Ji • 1 " 4a � .�1.4, . 4 L 1 Y i..yw. ay.4,i .ya y ~ . ^,' .! .. � r4>y ��M1M1•• � Y :t It tFe r'1" Iv Jp Yr'4 VL r A'•`'�` 7 +A.,' '•� �. ..,� Its * � yw� M tM� � "'4t ev, i; a �+..,`R*�',��• a t 5 .,,. .r a,H r n ry)'.Y1r t'�. ti4t. •M Y 'y ' r �; 4'• .aY.p 41 y♦1/ �...'�y 'i�`a'th. ,5'� St ,y sw+ t}4.' "� ,,.�aMr+r,.y�!"YMtr Yt'tt, t ►• yr.,.. .. rt. \4 }s4" l p*.1 . ♦` � s tt�9o;.. •�G'{�'i�,i4t, ti� 4 4 fir. City Council Minutes 2 May 2, 2000 Henry Garcia, 77-900 Michigan Avenue #C-1, Palm Desert, asked the City for a letter of support in finding a solution to the theft and vandalism problems at the Coachella Valley Cemetery. He stated the letter is needed by May 10. Mayor Pena suggested he leave a phone number with the City Clerk so staff can get in touch with him if a letter is prepared and ready. CONFIRMATION OF AGENDA- Confirmed ... MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 18, 2000, as submitted. Motion carried unanimously with Council Member Perkins ABSENT. ANNOUNCEMENTS - None PRESENTATIONS Council Member Henderson presented a United Way Gold Award she had accepted on behalf of the City for employee participation in the United Way campaign. WRITTEN CORRESPONDENCE 1. REQUEST BY PGA WEST MASTER ASSOCIATION, INC. TO ELIMINATE THE SIDEWALK REQUIREMENT ALONG THE EAST SIDE OF MADISON STREET BETWEEN AVENUE 54 AND AVENUE 58. City Manager Genovese advised this matter is tentatively scheduled for the May 18, 2000, Council meeting. CONSENT CALENDAR Council Member Henderson spoke regarding Item No. 2 and suggested the plaques be dated and that individuals donating trees be informed of the planting date in case they 6-R City Council Minutes 3 May 2, 2000 wish to be present. She further suggested a revision on the Donor Information page to read "This tree donated in memory of." Council concurred. Council Member Henderson also spoke regarding Item No. 5 and suggested exploring potential "water recreation activities" at Lake Cahuilla under Recreation Opportunities (Page 25). Council concurred. 1. APPROVAL OF DEMAND REGISTER DATED MAY 2, 2000. 2. APPROVAL OF A MEMORIAL TREE DONATION PROGRAM (as amended). 3. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENTS NO. 018, 019, AND 020 TO CITY OF LA QUINTA/STATE AGREEMENT NO. 08-5433 FOR STATE LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) FUNDING FOR PROJECT 99-05, JEFFERSON STREET IMPROVEMENTS (HIGHWAY 111 TO AVENUE 54). 4. ADOPTION OF A RESOLUTION APPROVING THE AMENDED AND RESTATED PARS (PUBLIC AGENCY RETIREMENT SYSTEM) TRUST AGREEMENT. (RESOLUTION NO. 2000-34) 5. ADOPTION OF THE CITY'S FISCAL YEAR 2000/2001 ECONOMIC DEVELOPMENT PLAN (as amended). MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended and with Item No. 4 being approved by RESOLUTION NO. 2000-34. Motion carried unanimously with Council Member Perkins ABSENT, MINUTE ORDER NO. 2000-71. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. Community Development Director Herman gave the staff report and stated he understood additional changes to the legislation are forthcoming. ATTACHMENT 4 Memorial Artwork Donation Program The City of La Quinta has established a program for those wishing to donate artwork to City public facilities in memory of a loved one. The locations that are eligible for this program include: La Quinta City Hall La Quinta Senior Center La Quinta Public Library SilverRock Resort Residency requirements: The person being memorialized must have been a resident of La Quinta. When an individual or group is interested in making an art donation in a person's memory, the donor must submit a letter to the City Council for consideration. The City Council will consider approval/acceptance of the artwork and, if appropriate, determine a location. All costs associated with the preparation, installation, and removal of the art piece is the responsibility of the donor, as is the cost of purchasing and engraving a plaque. Once applicable program fees have been paid to the City, the City will prepare the artwork, install it at the predetermined location, purchase a standard plaque, and engrave the plaque with the following wording: This artwork donated in memory of (Date) by The plaque will be affixed to the wall and placed beside the memorial art piece. Applicable program fees must be received by the City of La Quinta before any work can be done in relation to displaying the artwork. Costs are estimated to be between $300 and $500. The donation then becomes the property of the City of La Quinta and will be maintained as such. Donor will automatically hold the City harmless for any damages or theft the art piece may suffer while permanently housed at a City facility. The City of La Quinta reserves the right to make modifications or alterations to this program as deemed appropriate. For additional information, please contact the City Manager's Office at 777-7086. Memorial Artwork Donation Program Donor Information Name: Address: City: TEL: ( ) FAX: ( ) Name of person being memorialized: Zip Code:_ E-mail: Time frame the person was a City of La Quinta resident: From: To: Information about artwork being donated: Type: Artist: Artwork title: Value: Special care instructions: Wording on plaque (please fill in the blanks): This artwork donated in memory of by Date. - Preferred location (please choose in order of preference): La Quinta City Hall La Quinta Senior Center La Quinta Public Library SilverRock Resort Donor's understanding, acceptance, and signature: l (print name), have read the information regarding the City of La Quinta's Memorial Artwork Donation Program. 1 understand and accept and will comply with all the terms as specified herein, and will hold the City of La Quinta harmless for any damages or theft my donated artwork may suffer while housed in one of the City's facilities. Donor's signature: Date: City of La Quinta Use Only **************************************************************************************************** Date consider by La Quinta City Council Approval/acceptance of artwork Yes Location approved/determined by City Council Date of Donation: Residency requirement met: Artwork delivered and installed: Donor notified: No Payment Received: Plaque ordered: Plaque installed: )5 T4&t 4 4 49&ro COUNCIL/RDA MEETING DATE: April 3, 2001 Adopt a Resolution Accepting a Donation of a Painting by Centava RECOMMENDATION: ATTACHMENT 5 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 20, 2001 City Council meeting, the City Council received written correspondence stating that Centava would like to donate a painting of the La Quinta area to the City, as provided in Attachment 1 . The City Council directed staff to place this item on the next agenda for acceptance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava; or 2. Do not adopt: a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava; or 3. Provide staff with alternative direction. Ily Yubmitted, Dodie Horvitz, C_4nmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Written Correspondence from Centava S:\Community Services\CCReportS\CC_103.Centava Dcnation.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on March 20, 2001, Centava generously donated a painting of the La Quinta area with in the retail value of $2,300; and WHEREAS, the painting was donated to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donation and to direct the City Manager to place the painting in an appropriate location in City Hall or the La Quinta Senior Center. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: 1 . The City of La Quinta hereby accepts the donation of a painting by Centava. 2. The City Manager is hereby directed to place the painting in an appropriate location in City Hall or the La Quinta Senior Center. PASSED, APPROVED and ADOPTED this 3rd day of April, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California S:\Community Services\CCReports\CC.103.Centava Donation.wpd ATTEST: JUNE GREEK, City Clerk City of La Quinta, California ATTEST: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1� 9 S:\Community Services\CCReports\CC.103.Centava Donation.wpd WRITT ATTACHMENT 1 j: U, • • — La Tierra �y Santa Fe, NM 87501 / (505) 984.2996 �-v FAX: (505) 989-4234 Email: art®Centava.com mar wE�stTE: YAW.CENTAVA.COM STUDIO / GALLERY: 192 Paseo De La Tierra Santa Fe, NM 87501 (5 05) 984-2996 FAX: (505) 989-4234 Email: art@Centava.com 21 Lq tit WEB SITE: WWW.CENTAVA.COM f IMF - 8 paintings sold at the La Quinta, Plein Air Art Show Large floral scenes sold out and two small landscapes. O - 2 large paintings sold at The Lotton Gallery on Michigan Ave. in Chicago. One floral; one landscape. - Special Exhibit at The Chicago Board of Trade. 3 Chicago scenes sold. - 3 paintings sold at auctions. Highest sales price at two prestigious auctions. - I I paintings sold at the Old Town Wells St. Art show in Chicago. Large florals sold out. Also one huge Chicago scene and 3 small landscapes. - 10 large floral scenes sold by The Arlene Siegel Gallery, Santa Fe to the University of St. Louis Art Museum for their permanent collection open to the public. ATTACHMENT 6 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on [donor] generously donated an art piece by [artist] titled at a City of La Quinta facility; and , 200, [title] for public display WHEREAS, the City Council accepts the artwork and deems it appropriate for public display; and WHEREAS, upon execution of this resolution, the artwork becomes property of the City of La Quinta and the donor holds the City of La Quinta harmless for any damage or theft the art piece may suffer while housed at a City facility; and WHEREAS, the retail value of the art piece is $ and WHEREAS, the art piece was donated to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, the City Council shall determine a specific public facility where the donated art piece will be displayed; and WHEREAS, the art piece will be properly identified with a plaque stating name of artist and title of artwork; and WHEREAS, it is in the best interest of the City of La Quinta to accept the artwork donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: artwork by The City of La Quinta hereby accepts the donation of the [donor]. 2. The City Manager is hereby directed to ensure proper placement of the artwork in its specified location, as determined by the City Council. Resolution No. 2006- Art Piece Donations Adopted: January 3, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of January, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Sea]) �.t Resolution No. 2006- Art Piece Donations Adopted: January 3, 2006 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California m ATTACHMENT 7 Tit lefp 4 AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: April 15,1997 CONSENT CALENDAR: ITEM TITLE_ Consideration of a recommendation of the Art in Public Places Commission for the establishment of a City-wide Temporary Art Program RECOMMENDATION: Approve the temporary art program. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: The City will be responsible for providing a plaque to identify each artwork. The Art in Public Places Ordinance provides for the expenditure of funds for "proper presentation of the artwork." The exact cost cannot be determined at this time; however, it is anticipated the cost would be minimal. BACKGROUND AND OVERVIEW: After being approached by several artists who would like to display their artwork in La Quinta on a temporary basis, the Art in Public Places Commission began working to develop a program that would meet the needs of the City as well as those of the artist. Discussions were held with the City Attorney to formulate a program that would allow the City to display selected artwork. The result of this year -long process is attached as Exhibit "A" ("Temporary Donation and Acceptance Agreement") which has been drafted by the City Attorney. It is the opinion of the City Attorney that this document would allow the program to move forward. CCJH.003 The Master Plan, approved by the City Council, in Section 3.4.8 explains the Commission's goal in establishing a Temporary Art Program: 113.4.8 Temporary Art Installations - Many communities find that creating opportunities for temporary public art programs has been useful in expanding public perceptions of public art. The temporary nature of the work allows community members to experience the effects of different approaches to public art making it a non -threatening environment...." As drafted, this Agreement allows the City to determine the artwork that will be on display, the time span it will be on exhibition, and the location of the exhibit. The artist is responsible for all costs associated with the installation and removal of the artwork as well as insuring it during its exhibition. The City, using APP funds, will provide a plaque identifying the donor and/or artist. local artists have reviewed the Agreement and no negative comments or concerns have been received. It is believed this program will enable the City to enhance its public art program, while not incurring costs for purchasing the artwork. FINDINGS AND ALTERNATIVES: The options available to the City Council are as follows: Approve the Temporary Donation and Acceptance Agreement as drafted; Provide direction to staff. Jerry Ikrman Community Development Director Attachment: Exhibit "A" - Temporary Donation and Acceptance Agreement CCJH.003 TEMPORARY DONATION EXHIBIT "A" AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of , 1997, by and between the City of La Quinta ("City") and ("Donor") WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "B" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. NOW, THEREFORE, the parties hereto agree as follows: The City shall accept the temporary donation of the artwork described in Exhibit "B" for a period of Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement may be cancelled. All transportation and installation costs for display at the City's identified location shall be borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the artwork shall be removed by the Donor at no cost to City within twenty-one (21) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within 30 days after Wj APPCONT.001 Temporary Donation and Acceptance Agreement the expiration of the donation period where no early termination notice is provided. Such failure to remove the artwork shall be deemed to transfer the temporary donation into a permanent donation with the City obtaining full title to the artwork. 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sea. , and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. A plaque identifying the Donor and/or artist shall be installed and maintained near the artwork, by the City. This Agreement, consisting of pages and _ exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 11. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor, and their respective heirs, personal representatives, successors and permitted assigns. 0 AYPCONT.001 Temporary Donation and Acceptance Agreement 16. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Development Director b. if to the Donor, to: 17. With respect to acts, errors or omissions in the performance of Donor's obligations hereunder, Donor agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor's obligations under this Agreement. 19. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. CITY: CITY OF LA QUINTA, a California municipal corporation Date GLENDA HOLT, Mayor City of La Quinta, California r, t APPCON'r.00 i Temporary Donation and Acceptance Agreement ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California Date "Donor" APPCONI'.001 City Council Minutes 6 April 15, 1997 MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of the Chamber's Business Development & Retention Committee to May 6, 1997. Motion carried unanimously. MINUTE ORDER NO. 97-52. D CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION FOR THE ESTABLISHMENT OF A CITY-WIDE TEMPORARY ART PROGRAM. Mr. Herman, Community Development Director, presented staff report advising that the Art in Public Places Commission has done considerable research into a temporary art program and as a result, have drafted (with the assistance of the City Attorney) the "Temporary Donation and Acceptance Agreement" included in the staff report. The agreement allows the City to determine the art work that will be displayed, the length of time it will be displayed and its location. The artists will be responsible for all costs associated with the installation and removal of the artwork and insuring it during its exhibition. The APP funds will provide the funds for plaques identifying the artist of the artwork. The agreement requires that the APP Commission review the art and make a recommendation to the City Council. In response to Council Member Sniff, Mr. Herman advised that the artists will submit proof of insurance to the City. Regarding location of artwork, the APP is currently in the process of reviewing possible locations for the art such as the medians in Calle Estado, La Fonda, Tampico, Eisenhower (in the area of the hotel). The art will be bolted to a pad or specific foundation that is specific to the artwork. In further response, Ms. Honeywell, City Attorney, advised that by calling it a temporary donation, the Council will have the ability to pick and choose without first amendment rights having to be considered. Council Member Adolph was very supportive of the program, that it's a further way in which to promote art and enhance the community. Council Member Sniff stated that he had no problem with the program, but felt that it should be reviewed in a year. Council Member Henderson recognized that the Commission has been working on this program for over a year and that her only concern was the issue of first City Council Minutes 7 April 15, 1997 amendment rights and was pleased to learn that that issue has been dealt with. Council Member Perkins asked if the City would be named as an additional insured and Ms. Honeywell advised that they would. MOTION - It was moved by Council Members Sniff/Adolph to approve the Temporary Art Donation & Acceptance Agreement as drafted with a review in one year. Motion carried unanimously. MINUTE ORDER NO. 97-53. 4. CONSIDERATION OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD'S RECOMMENDATION FOR EXPENDITURE OF GRANT FUNDS. Mr. Wilson, Management Assistant, presented staff report advising that the City has been awarded a grant in the amount of $26,411 by the United States Department of Justice as part of the Local Law Enforcement Block Grant Program. The City's Police Department has recommended that the funds be used to purchase two speed measuring devices (KUSTOM radar). A requirement of the grant was formation of an advisory board to conduct a public hearing on the proposed expenditure of funds. This board (which was appointed administratively) conducted a public hearing on March 25, 1997 and unanimously approved the La Quinta Police Department's recommendation to utilize the funds to purchase two speed measuring devices and to pay for additional patrol time. In response to Council Member Adolph, Chief Dye advised that the radar devices will be used by the patrol officers while patrolling --- they will not park their units to use the devices. Council Member Sniff asked if a radar -produced citation is legally enforceable Ir and Chief Dye advised that it is if the area has been surveyed with the past five years. If it hasn't been, then the Officer won't write the citation. MOTION - It was moved by Council Members Sniff/Henderson. to approve the Local Law Enforcement Block Grant Advisory Board's recommendation for expenditure of grant funds. Motion carried unanimously. MINUTE ORDER NO. 97-54. ATTACHMENT 8 TWT 4 eCP QuiRm AGENDA CATEGORY: BUSINESS SESSION: COUNCIURDA MEETING DATE: August 6, 2002 Consideration of the Temporary Art Donation and Acceptance Agreement With John Kennedy RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Temporary Art Donation and Acceptance Agreement states that the City will provide a plaque identifying the donor and/or artist near the art work. The cost of the plaque is anticipated at $100. This can be paid for from the Art in Public Places fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Artist John Kennedy would like to provide a piece of artwork to be displayed at the Senior Center and has reviewed the Temporary Art Donation and Acceptance Agreement. Mr. Kennedy expressed his concerns regarding the language of paragraph six, stating that the language in paragraph six contradicts paragraph one, in regards to the removal of the art piece. The Temporary Art Donation and Acceptance Agreement is provided as Attachment 1. Upon review of the Temporary Art Donation and Acceptance Agreement (Agreement), the City Attorney has determined that paragraphs one and six do not contradict one another. If the City Council wishes to retain the right to request removal of the artwork on 30-day notice within the two year period, the City Attorney recommends that the City retain paragraph six as part of the Agreement. If the City Council does not wish to retain such rights, paragraph six should be deleted from the Agreement. The City Council may elect to remove paragraph six from the Agreement with Mr. Kennedy due to the international prominence of the artist wishing to display his work. Attachment 2 provides a Temporary Art Donation and Acceptance Agreement with paragraph six stricken and details specific to Mr. Kennedy's donation for City Council consideration. Mr. Kennedy has initialed paragraph six as his acceptance of the stricken language, and has initialed each page as confirmation that he agrees with the contract. Attachment 3 provides photographs of the proposed artwork in the general area in front of the Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Temporary Art Donation and Acceptance Agreement with John Kennedy with paragraph six removed due to the prominence of the artist; or 2. Approve the Temporary Art Donation and Acceptance Agreement with John Kennedy without modification; or 3. Do not approve the Temporary Art Donation and Acceptance Agreement with John Kennedy; or 4. Provide staff with alternative direction. Respectfully submitted, D d Horvitz, toriNmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Temporary Art Donation and Acceptance Agreement 2. Temporary Art Donation and Acceptance Agreement with John Kennedy 3. Photographs of Proposed Art Work at the Senior Center r \\CLQADMFSI\SHARED\Community Services\CCReports\CC.207.Temporary Art Agreement..doc ✓ ATTACHMENT 1 TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of 2001, by and between the City of La Quinta ("City") and ("Donor"). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of 2. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement may be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be -borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon a thirty (30) days notice and the artwork shall be removed by the Donor at no cost to City within thirty (30) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within 30 days after S:\COMMUNITY SERVICES\TEMPORARY ART PROGRAIJ\APPROVED TEMPORARY LOAN AGREEMENT.WPD 41 Temporary Donation and Acceptance Agreement the expiration of the donation period where no early termination notice is provided. Such failure to remove the artwork shall be deemed to transfer the temporary donation into a permanent donation with the City obtaining full title to the artwork. 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seg., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. 8. A plaque identifying the Donor and/or artist shall be installed and maintained near the artwork, by the City. 9. This Agreement, consisting of pages and T exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 11. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor, and their respective heirs, personal representatives, successors and permitted assigns. 16. All notices, requests, demands and other communications which are required or permitted S:\COMMUNITY SERVICES\TEMPORARY ART PROGRAV\APPROVED TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Donor, to: 17. With respect to acts, errors or omissions in the performance of Donor's obligations hereunder, Donor agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor's obligations under this Agreement. 18. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. Date CITY: CITY OF LA QUINTA, a California municipal corporation By: JOHN PENA, Mayor City of La Quinta, California S:\COMMUNITY SERVICES\TEMPORARY ART PROGRA\APPROVED TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Date DONOR: "Donor" 4 S:\COMMUNITY SERVICES\TEMPORARY ART PROGRAM\APPROVED TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement EXHIBIT "A" DESCRIPTION OF ARTWORK EXHIBIT 'B A 5 S:\COMMUNITY SERVICES\TEMPORARY ART PROGRAM\APPROVED TEMPORARY LOAN AGREEMENT.WPD ATTACHMENT 2 T4iyl 4 stP Q" TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this 61h day of August 2002, by and between the City of La Quinta ("City") and John Kennedy,_ ("Donor"). WHEREAS, the City wishes to accept and the Donor wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference; and, WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and, WHEREAS, the Donor is interested in making the temporary donation to the City to be displayed at the City's discretion. (La Quinta Senior Center) NOW, THEREFORE, the parties hereto agree as follows: The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of two (2) years. Donor agrees that the City shall have sole and absolute determination as to the location and placement of the artwork. In the event Donor does not approve of the proposed location this Agreement may (will) be canceled. 3. All transportation and installation, costs for display at the City's identified location shall be -borne by the Donor. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. Donor agrees that the entire risk of loss or damage to the artwork is borne by the Donor throughout the entire period of the donation as well as installation and removal costs. Donor shall provide for all insurance covering the risk of loss or damage to the artwork. 6. in the event that the Gity detefmines, at its sole diseretion, that it no longer desires to display the a4work, then this Agfeement may be teFminated upon a thii4y (30) days notiee and t aFtWOF-k shall be FeEnOved by the DefioF at fie eest te City within thii4j, (30) days ef t Notiee of TeFmiftatien by the City. City shall have the fight te dispose ef anY af4wofkwh \\CLQADMFSI\SHARED\COMMUN'ITY SERVICES\TEMPOPARY ART PROGRAM\KENNEDY TEMPORARY LOAN AGREEMENT. WPD ° Temporary Donation and Acceptance Agreement ....... ...... ....... . .... .. 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sew., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. 8. A plaque identifying the Donor and/or artist shall be installed and maintained near the artwork, by the City. 9. This Agreement, consisting of 5 pages and 1 exhibit, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 11. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or'Rroceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor, and their respective heirs, personal representatives, successors and permitted assigns. , \\CLQADMFS 1\SHARED\COMMUNITY SERVICES\TEMPOTARY ART PROGRAMUCENNEDY TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement 16. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director b. if to the Donor, to: John Kennedy Kennedy Studio 996 Tuxedo Circle Palm Springs, CA 92264 760-320-9205 17. With respect to acts, errors. or omissions in the performance of Donor's obligations hereunder, Donor agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor's obligations under this Agreement. 18. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. CITY: CITY OF LA QUINTA, a California municipal corporation \\CLQADMFS I\SHARED\COMMUNITY SERVICES\TEMPORARY ART PROGRAM\KENNEDY TEMPORARY LOAN AGREEMENT.WPD Temporary Donation and Acceptance Agreement Date ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Date 2 b By: JOHN PENA, Mayor City of La Quinta, California DONOR: \\CLQADMFSI\SRARED\COMMUNITY SERVICES\TEMP041tARY ART PROGRAM\KENNEDY TEMPORARY LOAN AGREEMENT.WPD City Council Minutes 10 August 6, 2002 After a brief discussion, Council concurred to delete Provision #6 for this contract only. MOTION - It was moved by Council Members Sniff/Henderson to approve the Temporary Art Donation and Acceptance Agreement with John Kennedy (Senior Center) with paragraph six removed due to the prominence of the artist. Motion carried unanimously. MINUTE ORDER NO. 2002-108. 5. CONSIDERATION OF COMMUNITY SERVICES GRANT APPLICATIONS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by Soroptimist International of La Quinta in the amount of $4,070 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-109. MOTION - It was moved by Council Members Henderson/Adolph to approve a Community Services Grant request by the Veterans of Foreign Wars in the amount of $1,125 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-110. Council Member Sniff asked if there might be a problem getting the Chamber of Commerce into something of a political nature, to which City Attorney Jenson responded, "no." MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by the La Quinta Chamber of Commerce in an amount not to exceed $385 for facility use fees. Motion carried unanimously. MINUTE ORDER NO. 2002-111. 6. CONSIDERATION OF A TREE DONATION FOR THE CIVIC CENTER CAMPUS FROM THE VETERANS OF FOREIGN WARS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Henderson/Adolph to accept the Eisenhower Green Ash Freedom Tree donation from the Veterans of Foreign City Council Minutes 9 August 6, 2002 suggested waiting until the middle of next week to allow sufficient time for additional nominations. Robert Tyler, 44-215 Villeta Drive, suggested middle initials instead of middle names. Motion carried unanimously. MINUTE ORDER NO. 2002-103. Council Member Henderson commented on the small list of artist nominations and stated she felt it was due to the Arts Foundation not getting the word out. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of artist nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-104. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of sport figure nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-105. MOTION - It was moved by Council Members Henderson/Sniff to authorize the expenditure of Art in Public Places funds in an amount not to exceed $10,000. Motion carried unanimously. MINUTE ORDER NO. 2002-106. 3. CONSIDERATION OF A FACILITY USE POLICY FOR THE CIVIC CENTER CAMPUS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Sniff/Henderson to authorize changes to the Facility Use Policies to include the Civic Center Campus. Motion carried unanimously. MINUTE ORDER NO. 2002-107. op-l" 4. ONSIDERATION OF THE TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT WITH JOHN KENNEDY. There were no changes to the staff report as submitted and on file in the City Clerk's Office. In response to Council Member Sniff, City Attorney Jenson stated she did not see a conflict between the two provisions. ATTACHMENT 9 TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT This Temporary Donation and Acceptance Agreement (the "Agreement") is entered into this day of 200, by and between the City of La Quinta ("City") and ("Donor/Artist"). WHEREAS, the City wishes to accept and the Donor/Artist wishes to donate on a temporary basis an artwork more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (to include rendering and retail value); and WHEREAS, the City desires to increase public awareness and exposure to the arts in a cost effective manner for the general welfare and benefit of the City's residents; and WHEREAS, the City Council deems the artwork appropriate for public display and upon execution of this Agreement accepts the artwork for public display; and WHEREAS, the Donor/Artist is interested in making the temporary donation to the City to be displayed at a City facility. NOW, THEREFORE, the parties hereto agree as follows: The City shall accept the temporary donation of the artwork described in Exhibit "A" for a period of 2. Donor/Artist agrees that the City Council shall have sole and absolute determination as to the location and placement of the artwork which shall include, but not be limited to, the following public facilities: La Quinta City Hall, La Quinta Senior Center, La Quinta Public Library, and SilverRock Resort. h1 the event Donor/Artist does not approve of the proposed location, this Agreement will be canceled. 3. All transportation, preparation, installation, maintenance, removal, and standard plaque costs for display at the City's identified location shall be borne by the Donor/Artist. All plans and installations for the artwork shall be approved by the appropriate City and/or other government officials. 4. Donor/Artist shall provide City with written instructions for appropriate maintenance and preservation of the artwork and shall either provide such service to the City or provide sufficient funds to provide for that service during the period of the donation. 5. Donor/Artist agrees that the entire risk of loss or damage to the artwork is borne by the Donor/Artist throughout the entire period of the donation as well as installation and removal costs. Donor/Artist shall provide for all insurance covering the risk of loss or damage to the artwork. In the event that the City determines, at its sole discretion, that it no longer desires to display the artwork, then this Agreement may be terminated upon thirty (30) days notice and the artwork shall be removed by the Donor/Artist at no cost to City within thirty (30) days of the Notice of Termination by the City. City shall have the right to dispose of any artwork which has not been removed pursuant to the Notice under this paragraph, or within 30 days after the expiration of the donation period where no early termination notice is provided. Such failure to remove the artwork shall result in a transfer of the temporary donation into a permanent donation with the City obtaining full title to the artwork. 7. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sect ., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. S. A plaque identifying the Donor/Artist shall be installed and maintained near the artwork, by the City, but at the cost of the Donor/Artist. 9. This Agreement, consisting of pages and exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. 10. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. 1 1. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. 12. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 13. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 14. If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of ten::^I this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. 15. This Agreement shall be binding upon and shall inure to the benefit of the City and the Donor/Artist, and their respective heirs, personal representatives, successors and permitted assigns. 16. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Manager's Office b. if to the Donor/Artist, to: 17. With respect to acts, errors or omissions in the performance of Donor/Artist's obligations hereunder, Donor/Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Donor/Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Donor/Artist's obligations under this Agreement. 18. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Donor/Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written below. Date ATTEST: JUKE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Date CITY: CITY OF LA QUINTA, a California municipal corporation DONALD O. ADOLPH, Mayor City of La Quinta, California DONOR/ARTIST: "Donor/Artist" EXHIBIT "A" DESCRIPTION OF ARTWORK EXHIBIT "B 99 REASONABLE COSTS BUSINESS SESSION ITEM: 6 ORDINANCE NO. 425 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: Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 2 SECTION 1. Section 9.200.020 - Author 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", "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) Decision -Making Authority Type of Application Staff Planning City Commission Council General plan amendment A* A* A* R(PH) R(PH) R(PH) R(PH) R(PH) PH PH PH PH PH PH PH PH PH CC/PH 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 Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 3 Home occupation permit A** Sign permit A* Sign program 22 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 - Authorit 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: Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 4 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. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed as follows: 1 . All permits shall be processed by the planning commission per Section 9.210.010. 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. Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 5 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 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. Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 6 G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section 9.200.120. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3r" day of January, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 7 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 425 Zoning Ordinance Amendment 2005-083 Adopted: January 3, 2006 Page 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.425 that was introduced at a regular meeting on the 20t" day of December, 2005, and was adopted at a regular meeting held on the 3`d day of January, 2006, 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 pursuant to City Council Resolution. JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California n a k.a REPORT/INFORMATIONAL ITEM: /0/ INVESTMENT ADVISORY BOARD Meeting November 9, 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 Olander, Moulin, Deniel and Chairman Lewis ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Mr. Falconer informed the Board of a special presentation to be made at the end of the meeting. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on October 12, 2005 for the Investment Advisory Board. Board Member Moulin advised the Board of the following correction to page 4, Section Vill, third sentence should read: 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. Board Member Deniel advised the Board of the following correction to page 2, Item A, the third paragraph should read: Board Member Deniel stated that on page 5, the service agent was at 3'/2 million in the money market, which is invested at very low interest rate. j Investment Advisory Board Minutes November 9, 2005 MOTION - It was moved by Board Members Mahfoud/Olander to approve the Minutes of October 12, 2005 as corrected. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for September 2005 Mr. Falconer informed the Board of the previous month's transactions and investments. Page 7 reflects the activity and the reinvestments of bond proceeds; the bond yields were higher than the maturing investment yields. Mr. Falconer also informed the Board that he drew down $20 million in LAIF and it was reinvested in six month T-Bills, the interest earned will be approximately 70 more basis points. General discussion ensued among the Board regarding the upcoming maturities and reinvestments. MOTION - It was moved by Board Members Deniel/Olander to approve, receive and file the Treasury Report for September 2005. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2005 Mr. Falconer informed the Board that LAIF is still lagging behind on the bench mark. As stated earlier Mr. Falconer informed the Board that when he drew down $20 million, LAIF requires an advance notice, a representative from LAIF asked if the City was withdrawing the funds for a higher yield and his reply to them was "yes." General discussion ensued by the Board regarding LAIF. Noted and Filed B. Pooled Money Investment Board Reports — August 2005 Noted and Filed 2 r, � Investment Advisory Board November 9, 2005 Minutes VIII BOARD MEMBER ITEMS In reference to Board Member Lewis' resignation, Board Member Deniel presented to Mr. Tom Lewis a plaque from the City Council in appreciation of his dedication and commitment to the Investment Advisory Board from 1993 to 2005. Chairman Lewis briefed the Board on the joint meeting with the City Council and one of the items of discussion was a money manager. General discussion ensued among the Board regarding the joint meeting with City Council and the use of a money manager. VIII Adjournment MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Submitted by', r Vianka Orrantia Secretary 3 Department Report: alift w OFF O TO: The Honorable Mayor and Members of the City Council FROM Thomas P. Genovese, City Manager DATE: January 3, 2006 �N V SUBJECT: Department Report — Response to Public Comment The following public comments were made at the December 20, 2005, City Council meeting: 1. Robert Cox, 78315 Crestview Terrace, spoke regarding the construction traffic for Point Happy Ranch on Highland Palms Drive. They opened the back gates in early November and were told they would be open for 2 weeks for undergrounding of utilities at the front entrance. It has now been 7 weeks, and construction vehicles are still using that entrance. The residents living in that development want the back entrance closed to construction traffic. Public Works Director Jonasson commented that there were safety issues in having construction traffic use the front entrance because of the restriction of lanes on Washington. Council requested staff communicate with Mr. Cox and also report back to Council as to the time frame for completion of work at the front construction entrance off Washington. 2. Joe Broido spoke regarding Council Member Perkins' absence and requested the opportunity to permit public comments on SilverRock Resort. The Council thanked Mr. Broido for his comments. 3. James Calvin, Lake La Quinta, commented regarding the Caleo Bay medical building and the entry options. 4. Richard Devlin, Lake La Quinta, asked for a summary of the discussion earlier in the meeting regarding the Caleo Bay medical building. Community Development Director Evans reported that Council decided not to add an additional driveway, but to add an additional easement to the south and look at It again when that property is developed. Council did not discuss the colors of the building, as staff is working with the HOA and the developer on this issue. 2 DEPARTMENT REPORT: / "'6 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager 4�) DATE: January 3, 2006 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. 2002-07 L. 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: r i z ep l OFTN�� TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager, ,. DATE: January 3, 2006 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the second Quarterly Marketing Report for Fiscal Year 2005/06 is attached. It includes a sampling of SilverRock Resort advertisements. Quarterly Marketing Report Second Quarter of Fiscal Year 2005-06 Kiner Communications Marketing Plan for City of La Quinta COMPLETED: Full Page Advertisement for Bob Hope Chrysler Classic Program — Created ads for the 2006 Bob Hope Chrysler Classic and the 2005 1CSC conference program guide, focusing on all the great new things La Quinta has to offer (encouraging target audiences to shop, dine and "rediscover" La Quinta). (See attached) Library Grand Opening — Designed and coordinated distribution of grand opening materials for the new library, including event invitation, program and bookmarks. LQ Magazine —Worked with publishers/editors, i.e., The Desert Sun, on story ideas for inaugural issue, as well as provided pictures and gathered information for a Hwy 111 business map (which will be published in the March 2006 issue). Production of New :30 Second Spots — Hired production company and created concept for new television campaign designed to encourage tourists and locals to discover and "rediscover" La Quinta. Spots are similar in nature, but one features a "pool shot" at the La Quinta resort and is therefore geared to the visitor market. This spot will broadcast in Los Angeles and other Southern California drive-in destinations. The second spot has more of a focus on SilverRock, and this spot begins airing in the Coachella Valley the last week in December. (Copies are available for viewing in the City Manager's Of Public Relations — Wrote and distributed press releases for the library grand opening event (which garnered both television and Desert Sun coverage) and the finance award presented to the City of La Quinta for excellence in financial reporting. (See attached) - more - �. r 2006 City Calendar Design — Designed, printed and mailed the 2006 City Calendar, getting the product in residents' homes a month and a half prior to the beginning of the new year. The calendar features SilverRock Resort, and includes new beautiful photography of the Arnold Palmer Classic Course at SilverRock; it also highlights important meetings and events happening in the City in 2006. Consultation Services — Continued to work with Terry Ross, Tournament Director for the Jim Murray SilverRock Alumni Challenge which took place December 11-13, 2005. Provided marketing materials for use in promoting the City and SilverRock Resort (e.g., photography, ready-made ads, :30 second TV spot on SilverRock, City infomercial). IN PROGRESS: Winter Newsletter — Working on second installment of the City Report newsletter for Fiscal Year 2005-06. Fine-tuning the newsletter to look similar to the annual report, but have a more user-friendly format that features short, informative briefs rather than long articles. Business Recruitment Marketing Campaign — Once the Winter Newsletter is distributed (which includes a write-up asking for resident feedback on desired businesses), we should start receiving resident input and can begin compiling the "Wish List" of businesses still wanted/needed in La Quinta. Marketing materials will then be prepared to target those businesses. TV Spot Media Placement — New :30 TV spots will be placed on cable systems both locally as well as L.A. and Southern California. Redesign of City Pages in The Gem — Working with City staff to redesign the City pagespages in the Gem, making them more attractive and inviting for Gem readers. - more - SILVERROCK RESORT ADVERTISING: Arnold Palmer Classic Course Ads — Also included within this City Marketing Report is a sampling of SilverRock ads. Landmark continues to work with Kiner Communications and the City to create and place ads in numerous local and regional golf publications as well as special ads in The Desert Sun. (See attached) I 04GEM OTHE DESERT r , quaint community hasgrown to include many new shops, restaurants and recreation venues. Although the City is booming, it's still as charming as ever. Known as "the gem of the desert." La Quinta sparkles with an at �o exciting mix of new shopping and dining opportunities, as ' 'lsve theater, parks, and the new championship golf course at SilverRock. Come explore La Quinta's splendid mix oftoday and yesterday. "rot K i n e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudiasCa,kinercom.com THE CITY OF LA QUINTA COMMEMORATES THE COMPLETION OF ITS NEW PUBLIC LIBRARY LA QUINTA, CA (November 2005) —The City of La Quinta will commemorate the dramatic architecture, high-tech features, and innovative community spaces that are the new La Quinta Public Library. A ribbon cutting ceremony is set for Wednesday, November 16 at I ( )uinta's Civic Center Campus, inside the new libran located at the, western e(,e with the program commencing at 3:00 p.m. AboLit one year after breaking ground, the City of La Quinta Public Library which now spans 10,000 square feet and features a collection of nearly 33,500 items- _including fiction and non-fiction books, magazines, reference material, books on tape, videos, DVDs and music CDs___ celebrates its completion and opening to the public. Among the variety of amenities offered at the new facility are several on-line databases, internet capabilities with wireless access coming soon, and the availability of over 3 million library items through the Riverside and San Bernardino County Library Systems. The La Quinta Public Library also houses a Friends of the Library bookstore, a children's room, and a teen area. N'Iavor I)on Ado h, .l.a Oiunta Cjt. Council. NIcmhers. and S or Roa \Vilson xvill offer attendeesa, warm welcome. Valley lcLislators attendiny include. Senator Jim Battin, Assembh'inan ►ohn Bcnoit,_and Assemhh-,koman Bonnie Garcia. IZc )resentatl� es from the offices of ConorressN oinan Mary Bono and Senator I)enise Dttchenv vtrill also he present alom� Nx ith Count\ l ,ibraria i, Nana ohnson._An)on(, tl'osc <I >inin the_tc5tt� irie are the many individuals and agencies who worked together to make this new building a reality. Currently housed in 10,000 square feet, the La Quinta Public Library is expected to eventually grow into the 20,000 square -foot municipal building. The remaining 10,000 square feet of space is presently designed as a 5,300 square -foot multi -purpose room and a 1,000 square -foot classroom (both available for rent). Additionally, the La Quinta Chamber of Commerce will soon be moving into the space that has been reserved for them. Following the formal ceremony, library tours will be available. Guests are encouraged to stay for the tours and explore the new facility. For more information on the grand opening event, please call (760) 777-7090. For La Quinta public Library, services, please call (760) 564-4767. K i n e r C o m m u n i c a t i o n s NEWS SERVICE C' FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell:760.567.4507 claudias a)kinercom.com CITY OF LA QUINTA HONORED FOR EXCELLENCE IN FINANCIAL REPORTING LA QUINTA, CA (November 30, 2005) — The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of La Quinta by the Government Finance Officers Association of the United States and Canada (GFOA). John Falconer, the City's Finance Director, and the Finance Department staff will be recognized on Tuesday, December 6th by the La Quinta City Council. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment represents a significant accomplishment by a government and its management in providing the Mayor, City Council, City staff, citizens, bondholders and the general public with useful information about the City's operations and financial position. The comprehensive annual financial report (CAFR) is judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story. "The City prepares financial reports to promote accountability. The annual report provides one way of assessing whether elected and appointed officials in the City are faithfully carrying out their role as good stewards of City resources. The City is responsible for the accuracy, completeness and fairness of the data presented. The GFOA is a non-profit professional association serving approximately 16,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. For more information, please contact `,tephen Gauthier at (312) 977-9 /00. �; U SC FORE Magazine col November/December 2005 ice man or tot to of eight rules officials who work various locations on the course. "We'll take the same two or three holes each day," explains Conkling, "because you learn quickly where the potential problems are likely to arise. Someone once described working rules as 'hours of boredom interspersed with moments of terror.' They were right." Although the public (and media) perception is that PGA Tour professionals are weak when it comes to The Someone once described working rules as 'hours of boredom interspersed with moments of terror.' They were right. Rules of Golf, Conkling says that isn't universally the case. Many of them are quite good, at least about the basic rules," he notes. "Most have trouble with the TIO (Temporary Immovable Obstruction) rules, but that's understandable because they're complicated." Unlike other immovable obstructions, PGA Tour events adopt a local rule that also provides line -of - sight relief from TIOs. "Like every other rule," says Conkling, "players try to gain every advantage from this rule, which is their right. One of the reasons I'm there is to help them; another is to protect the field." Conkling remembers one particular ruling that causes him to chuckle to this day. "We were at the TPC at Scottsdale," recalls Conkling. "This player hit his ball into one of the desert wash areas near a bush and asked me for a ruling. I explained that he could play it from the wash area, showed him where he could walk, and that if he broke part of the bush while fairly taking his stance that he would be all right. "Now one of the procedures you learn early," continues Conkling, "is make the ruling and then get out of there. Unfortunately, because of the crowd surrounding the area, I couldn't do that; all I could do was wait. So the player walks in, hits a nice shot, turns around and says, 'Thanks. By the way, what does fairly taking your stance mean= Sometimes ignorance is bliss." Conkling never ceases to be amazed at the players he watches. "They're fascinating to watch because they're so precise, so exact," he says. "But the biggest difference is the money they're playing for; it magnifies everything. It's why they're all so careful about getting a rules official involved even in what seems like the simplest of situations. Like everything else on the Tour, the consequences of making a mistake are so much greater than at any other level of competition." As a Southern California golfer, you're among the top "golf travelers" in America. You're constantly seeking information on great golf resorts, packages and schools. Great Go f f Destinations will provide the opportunities you need. To take advantage, simply call the destinations direct or return the rvni%r_ cvrr��n -nrd to lie ! VWWVI V V / VVVV VW w vv wv. The Arnold Palmer Classic Course at SilverRock Resort measures 7553 yards and is the longest layout in the Pant Springs area. In addition, it is a future home of the PGA Tour's Bob Dope Chrysler Classic begin- ning as early as 2007. Opened in early 2005, this layout is situated tight at the base of Santa Rosa and Coral Mountains, resulting in postcard -quality photos, with gorgeous backdrops and surrounding z vistas. Combined with outstanding conditioning from tee to green and wonderful service, SilverRock provides one of the most memorable golfing experiences in La Quinta — or anywhere! 79-179 Ahmanson Lane La Quinta, CA 92253 1-888-6oO-7272 1-76o-777-8884 I I .V (_ 0 www.silverrock.org p 34 FORE Magazine - November/December 2005 Golf News October/November 2005 big toes, or by whistling while lining up, then you are. Golf is a mental game. When asked what swing thought he uses to sink putts in major tournaments, Bobby Jones replied, "The last one that worked." His famous putter, nicknamed Calamity Jane, had the loft of a 3-iron. Such a thing would be unheard of now days, but it worked for him. Professional golfers do not believe there is one universal truth for putting. Arnold Palmer said, "There are very few truths in putting. You get the ball in the hole, and it doesn't matter how." Rule 2: Acceptance Later in his golfing career, Ben Hogan could never accept the importance of put- ting. He hated how a 300-yard drive counted just as much as a 1-inch putt. Ile advocated two rule -changes to the USGA; the first was to let any golfer simply count 2-strokes once his ball was on a green, and PLEASE SEE PAGE44 8 GOLF NEWSMAGAZINE October - November 2005 "•/ 3 t i �"„ h� r�5e � Z�°'h yir .�d �v l=C �` �,i L` ''_ � '0 fE v+• +�+�. / 'E+. . --. 3 � ; 4 If � �my `, T't ? �T4L -' f 7 sa-::f _•t .-f � - ! H ..f+ alc 'i�'Y" �M v 'ate � i � 'a V r � L�..� i A .V .� .vim. ._ i�•�, •i S a. + 1 �� � '•�' �' t`��`�'�1�"+fit+ r+t`►��� � �, ��� .:: r e a '+A I ' 1 � ' � - �� 5 ` 5� SILVERROCK RESORT recent years changes have been implemented in an effort to satisfy BHCC players and fans, and to keep pace with advances in technology, landscaping and other aspects of the game. Last spring something providential happened. The H.N. & Francis C. Berger Foundation donated January 2006. With 5,000 trees, 30 acres of lake and water features, 14 bridges, 150 acres of total turf and 40 acres of landscaping, the Classic Club will provide the Tournament and the valley with a spectacular new setting for championship golf. ---) Another exciting development will be the addition of SilverRock IN RECENT YEARS CHANGES HAVE BEEN IMPLEMENTED IN AN EFFORT TO SATISFY BHCC PLAYERS AND FANS, AND TO KEEP PACE WITH ADVANCES IN TECHNOLOGY, LANDSCAPING AND OTHER ASPECTS OF THE GAME. a brand new golf course, the Classic ~_lub, to the Bob Hope Chrysler (_,lassie. The Arnold Palmer -designed p.thlic course will officially open as rl F> hc)ct r-nnrcP For the tnrnamentin Resort. Like the Classic Club, the public SilverRock course was designed by Arnold Palmer, five -time winner ofthe Classic tournament and a part-time La Ouinta resident. "We're very excited about prospective involvement in the Bob Hope Chrysler Classic Tournament," says Randy Duncan, General Manager. "We're offering the latest developments in technology, including GPS on our golf carts. We're shooting for January of 2007 when the course will be in peak condition." Ultimately, the Bob Hope Chrysler Classic isn't just about the golf. The tournament has donated over $40 million to local charities, including Eisenhower Medical Center, Boys-n-Girls Clubs and Meals on Wheels since its debut in 1960. With its rich history and promise of innovation, this Tournament will continue to make an enormous difference in the world of golf, and in our own community. i I Y Joanna Beresford is a contributing writer to Desert GolfMagazi ne DEPARTMENT REPORT: 3"/9 JANUARY 3 JANUARY 17 FEBRUARY 7 FEBRUARY 18 FEBRUARY 21 MARCH 7 MARCH 21 APRI L 4 APRI L 18 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL WORKSHOP CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING January 2006 La Quinta City Council Monthly Calendar 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson New Years Day New Years Holiday Observed (City Hall Closed) I - I 8 9 10 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 Mms. Con -Sniff 6:00 PM League - Henderson 15 16 17 18 19 20 121 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday fl (CITY HALL CLOSED) 22 123 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM HumanlCemm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 29 30 �31 6:00 PM Exec Cmte. Adolph 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne December 05 S M T W T F S 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 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 Printed by Calendar Creator Plus on 12/21/2005 February 2006 La Quinta City Council Monthly Calendar 1 1 2 I3 '4 10:00 AM ALRC 5 j6 8 9 10 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energyl Meeting Henderson Environ.-Sniff 5:30 PM Investment Advisory Board 12 13 114 15 16 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 determined) 12:00 PM Transp Perkins 7.00 PM Planning 6:00 PM League Commission Henderson 9 120 _ 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 ORRA Aup CITY HALL CLOSED) Osborne '26 27 -28 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte. 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 r Printed by Calendar Creator Plus on 12/21/2005 March 2006 La Quinta City Council Monthly Calendar X4rV QUM& 0FT�t� COUNCIL/RDA MEETING DATE: January 3, 2006 ITEM TITLE: Public Hearing to (1) Certify an Final Environmental Impact Report, Adoption of Findings Pursuant to California Environmental Quality Act, Adoption of Statement of Overriding Consideration, Adopt a Mitigation Monitoring Program for an Environmental Impact Report; (2) Specific Plan Creating Development Standards and Design Guidelines for a 26.53 Acre Commercial Center Consisting of 233,439 Square Feet of Retail, Office and Restaurant Buildings; and 24-Foot High Buildings in the Highway 111 Image Corridor and a 37-Foot High Building in a Commercial Park Zone; (3) Conditional Use Permit for Certain Uses, Including a Store Over 50,000 Square Feet in a Commercial Park Zone, a Fueling Station, and a Tire Installation Facility; (4) Site Development Permit Containing Development Plans for Construction of a 149,739 Square Foot Costco Wholesale Store and a Four Bay Fueling Station; and (5) Subdivision of ± 26.53 Acres of Land into Four Commercial Lots, for the Property Located South of Highway 111 and Depot Drive. Applicant: Costco Wholesale and Komar Investments RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying an Environmental Impact Report including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2005-543; and Adopt a Resolution and Findings of the City Council approving Specific Plan 2005- 075 creating development guidelines and standards for a commercial development, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Conditional Use Permit 2005-092, allowing a store over 50,000 square feet, fueling station, and a tire sales and service store, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Tentative Parcel Map 33960, to subdivide ± 26.53 acres of land into four lots, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Site Development Permit 2005-833, for a 149,739 square foot store and a four bay fueling station subject to the Conditions of Approval. FISCAL IMPLICATIONS See Statement of Overriding Considerations for fiscal benefits of the Project. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: Project Location The Project site is located south of Highway 111 and Depot Drive in the City of La Quinta (Attachment 1). The proposed Project is bounded on the north by Highway 1 1 1 , and its easterly edge by undeveloped property in the City of Indio which is zoned for future mixed use commercial uses. Desert Sands Unified School District (DSUSD) Administrative Offices are located to the south, and the southeastern property line is bound by the La Quinta Evacuation Channel, owned by the Coachella Valley Water District. The west property line is bound by undeveloped property zoned for commercial and residential uses in the City of La Quinta. Planning Commission Action The Planning Commission reviewed the applicant's request on November 22, 2005, and discussed all aspects of the application requests and, after deliberation, voted to recommend approval as follows: Action 1 . Making certain findings regarding Draft Environmental Impact Report 2005-543 2. Recommending approval of the Komar Desert Center Specific Plan 2005-075 3. Recommending approval of Conditional Use Permit 2005-092 4. Recommending approval Tentative Parcel Map 33960 5. Recommending approval of Site Development Permit 2005-833 The recommendations are based on the attached Findings and Approval including modifications, as requested by the Commission. the Minutes of the Public Hearing are included (Attachment 2). Vote (3-1-1) (4-0-1) (4-0-1) (4-0-1) (4-0-1) Conditions of Excerpts from The Chair of the Planning Commission was concerned that a road connection from this proposed Project site to Jefferson Street was not included in the Traffic Impact Analysis (TIA) as an option to alleviate the significant unmitigatible impact at Jefferson Street and Highway 111 identified in the Draft EIR. As a result, the Traffic Consultant reviewed the TIA and its recommendations, and identified an error with respect to the recommended mitigation in the Draft EIR. As corrected, the TIA demonstrates that, at build out, the traffic impacts at Highway 111 and Jefferson Street can be mitigated to a less than significant level and no additional mitigation such as a roadway connecting the site to Jefferson Street is needed. These revised conclusions are now incorporated into the Final EIR. General Plan and Zoning General Plan Land Use designation and Zoning District for the site are Regional Commercial (RC) from Highway 111 south 600 feet; and Commercial Park (CP) south of the RC designation. The proposed uses are consistent with the General Plan Land Use designations and Zoning Districts. The proposed Project meets the General Plan Goal 1, which states "A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region." The CR Zoning District allows the Project's proposed uses, which may include a mixture of retail, restaurants, financial, and restaurants including drive- thru restaurants. The proposed fueling station and tire installation center require the issuance of a Conditional Use Permit (CUP). The proposed Costco Wholesale store exceeds 50,000 square feet (proposed to be 149,739 square feet) and buildings over 50,000 located in a CP Zoning District require a CUP. The Circulation Element classifies Highway 111 as an Augmented Major Arterial requiring eight lanes divided with a median. Applications Under Consideration 1. Komar Desert Center Specific Plan 2005-075 The request is for approval of the "Komar Desert Center Specific Plan" establishing guidelines and standards for a phased development plan for the distribution of land uses, location and sizing of supporting infrastructure, development and design standards, and requirements for public improvements (Attachment 3). The Specific Plan proposes the development of approximately ± 26.53 acres and will be constructed in two phases. The first development phase will include 149,739 square feet of commercial uses including a Costco Wholesale store with associated tire center, food service, and fueling station. The second phase of commercial development is expected to occur within three building envelopes totaling 83,700 square feet maximum, which may include a mixture of retail and restaurants including drive-thrus, a bank, and associated parking. Access/Circulation The applicant proposes two access points as shown on the Site Plan. The main site entrance will be a driveway from Highway 111 and Depot Drive with a full access signalized intersection with dual left turn lanes, and dedicated right -in and right -out turn lanes. The main entrance provides a direct access driveway to the Costco Wholesale store. A secondary driveway access from Highway 111 is proposed to be located approximately 550 feet to the east of the main entrance. The secondary access is a right -in and a right -out for both passenger cars and delivery vehicles. Both proposed driveways will have deceleration lanes on Highway 111. Also proposed on Highway 111 is a bus pull-out with associated shelter. The applicant is required to construct a Highway 111 City designed bus shelter and install it with phase one. To assist with future traffic circulation needs, the Plan identifies future driveway access with the property to the west. At this time no development plans have been proposed for the adjacent property, which contains similar commercial zoning as the subject properties. However, access for this property onto Highway 111 will likely have limited turning movement. Driveway access with the Costco/Komar property will allow future traffic to circulate to, and utilize the signal at Depot Drive and Highway 111. Parking Section 9.150.060 of the La Quinta Municipal Code (LQMC) requires one (1) parking space per 250 square feet for retail uses greater than 50,000 square feet in gross floor area. Based on 149,739 square feet of store space for Costco Wholesale, the required parking is 600 spaces; the applicant proposes 833 spaces. An additional 458 parking spaces will be provided for the northernmost property as it builds out; this exceeds the required 419 spaces for the planned 83,700 square feet. A total of 1,019 spaces are required and 1,291 spaces are proposed. Section 9.150.060 of the LQMC also requires one (1) parking space per 250 square feet for gas stations. Based on 250 square feet for the cashier's booth the required parking is one (1) space. The site has sufficient space around the pumps to accommodate the required parking. Development Standards and Design Guidelines Maximum structure height proposed in the Specific Plan is 37 feet for the Costco Wholesale store; LQMC would allow 35 feet for the proposed use within the CP District. Maximum building heights proposed within the RC District in the Specific Plan is 35 feet and 24 feet within the 150-foot Image Corridor on Highway 111. The LQMC would allow buildings 50 feet high for the proposed uses within the RC District, and 22 feet within the 150-foot Image Corridor on Highway 111. Architectural elements that do not contain useable space, such as columns and towers, are allowed by Zoning Code to extend fifteen feet above the allowable height; the Costco Wholesale store proposes architectural elements extending as high as 41 feet 4 inches or 6 feet 4 inches above the 35 foot height limit. The maximum number of stories proposed is two (for buildings 150 feet south of Highway 1 1 1). The LQMC would allow up to four stories within the CR Zoning District and up to two stories within CP Zoning Districts. All other development standards are consistent with LQMC requirements including floor area ratio, building setbacks, landscape requirements including setbacks, required parking spaces and permitted uses. Design Guidelines allow both desert style pitched and flat roofs to create architectural interest and relief. Exterior walls will accentuate shadow relief using recesses, bays, awnings and covered walkways. Rooftop equipment and all on -site storage areas will be fully screened. Material and colors proposed for the Costco Warehouse store (see Site Development Permit section) will be similar for the proposed building pads for Komar properties. Landscaping on Highway 111 is designed to follow the requirements of the City's Highway 111 Design Guidelines (Guidelines); project landscaping, including parking lot landscaping, is proposed to be compatible with the pallet of materials in the Guidelines and to conform to the City's Water Efficient Landscaping Ordinance. 2. Conditional Use Permit (CUP) 2005-092 The Zoning Code requires a CUP for a fueling facility, tire installation facility, and retail buildings over 50,000 square feet in a Commercial Park Zone. The proposed uses, with recommended conditions, are compatible with the General Plan and Zoning Code in that such uses are essential and desirable to the public convenience and public welfare, and will not impair the integrity and character of the zoning district and will not be detrimental to the public health, safety, morals or welfare or injurious to or incompatible with other land uses in the vicinity. The surrounding properties land use zoning designations are CR and CP zoning designations. Property south of the site is designated Major Community Facility; the Desert Sands Unified School District houses the administrative offices and the District's bus maintenance facility and these uses are similar to allowed uses in the CR and CP Zoning Districts. 3. Tentative Parcel Map (TPM) 33960 TPM 33960 proposes the subdivision of ± 26.53 acres, consisting of four existing parcels, into four different parcels (Attachment 4). The proposed subdivision will create four commercial lots: proposed Parcels 1-4 are 16.68 acres, .6 acres, 6.76 acres, and 2.49 acres. The proposed lots meet the standards of the General Plan and Zoning and Subdivision Ordinance. 4. Site Development Permit 2005-833 The Site Development Permit package includes site plans, architectural elevations, conceptual landscape, drainage, lighting and utility plans as well as design concepts. It should be noted that the "Concept Site Plan" includes specific building footprints and data for the second phase of development identified in the Specific Plan as building envelopes. The Planning Commission is recommending a Condition of Approval that defines the second phase of site development as not a part of this Site Development Permit. Architectural Plans The applicant is proposing a 149,739 square foot store and a fueling station generally located south of Highway 111 and Depot Drive (Attachment 5). The proposed retail store is a flat roof structure at a maximum of 35 feet 4 inches in height, with architectural elements extending as high as 41 feet 4 inches. The proposed architecture is characterized as a contemporary desert style. A characteristic of this style is the use of horizontal lines as accent banding which typically break down the scale and massing. Building architecture is a simple architectural massing that utilizes masonry, cultured stone and smooth finish stucco. The colors selected include rich, warm, neutral grays and browns thus forming a natural palette with color accents to compliment adjacent buildings and blend with future development. The masonry stone color and texture will be a mixture of split -face and smooth block and are integral to the design. This masonry color is proposed as terra cotta fashioned in a soldier coursing intermittent band. The "Red Stripe" is a recognizable branding element specific to Costco Wholesale and architecturally breaks the massing horizontally at roughly the 2/3 point of the overall vertical height. Secondary accent and detail features of pre -finished and pre -manufactured metal are incorporated throughout the design. The proposed fueling station consists of a canopy which will be pre -fabricated metal and texture coated to look like stucco to match the store metal cornice band. The fueling station will have similar architectural features including cultured stone veneer columns, and metal caps. The canopy height is proposed at 18 feet, 3 feet thick, and covers eight fueling pump islands. Landscape Plans This proposed landscape plan is designed to provide a water efficient look and conforms to the City's Water Efficient Landscaping Ordinance. Along the west side of the property, a 20-foot wide landscape buffer with canopy trees and tall screening shrubs such as Texas Ranger and Red Bird of Paradise provides screening for potential future residential uses on the adjacent property. Drive aisles are f, r7 visually delineated by the use of medium height flowering trees such as Palo Verde or Mesquite while the parking fields are shaded by larger trees such as Shoestring Acacia or Evergreen Elms that are placed every second or third stall. All planter areas will consist of decomposed granite or angular rock groundcover to help maintain moisture levels in the soil. Accent plants with spiky forms such as Hesperaloe, Agave and Yucca are used along the north side of the building for their sculptural interest. The Highway 111 landscaping is designed to follow the requirements of the Highway 111 Design Guidelines. Three foot high undulating earth mounding along with massing of various size shrubs such as Texas Ranger and Senna will screen the parking areas from the road. Flowering trees such as Crepe Myrtle (staff suggests limited use) and Chilopsis are placed in groupings between larger trees such as Palo Verde to further screen parking areas while providing shade along the meandering sidewalk. Mexican Fan Palms are used as a visual marker at the Project entrance. Small groupings of spiky accent plants such as Desert Spoon and Red Yucca are combined with natural boulders for visual interest. Decomposed granite is used as the groundcover beneath all planted areas to maintain soil moisture and all plants are to be watered by drip irrigation. Shrubs, accent plants, and trees provide a variety of color, shape and form. Parking Lot Lighting Plan The proposed parking lot lighting for Costco Wholesale store consists of a "shoe box" type fixture mounted on a steel pole 35 feet in height above grade consistent with existing fixtures in the Wal-Mart and the future Sam's Club parking lot. The Planning Commission is recommending a Condition of Approval that would require the maximum height of parking lot lighting and building mounted lights to the east, west and south of the building to be 21 feet in height above grade. Parking lot lighting for the remainder of the site will comply with the Zoning Code. Conceptual Site Grading and Drainage Plan The conceptual grading plan proposes ten building pads with Costco Wholesale store at an elevation of 57.4 feet and the highest pads on the north end of the site at an elevation of 63 feet. All of the grading will be balanced within the property limits. Proposed drainage plan directs runoff across the site from the northwest to the southeast portion of the site into the La Quinta Evacuation Channel. Nuisance flows and other non -storm water generated runoff will not be discharged in the Channel. The Planning Commission is recommending a Condition of Approval that requires the applicant to modify a portion of the site plan that includes the area from the Highway 1 11 bus shelter to the north edge of the Costco parking field. The items to be addressed include identification of a path of pedestrian travel from the Highway 111 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 Komar phase; the lane striping for the main driveway; and landscape planter redesign to accommodate public art and/or a gateway entry feature. The Planning Commission is also recommending that the site plan and landscape plans provide a landscape planter area on both sides of every cart corral. Public Notices A Notice of Preparation (NOP) of a Draft Environmental Impact Report for the Project was completed and was circulated for a mandatory 30-day public review period that began on August 5, 2005 and concluded on September 7, 2005. Upon request from the City of Indio, the City of La Quinta accepted comments from Indio on September 19, 2005. It should be noted that this letter focused on traffic issues and the City of Indio did not provide a list of recently or reasonably foreseeable projects in Indio to address cumulative impacts or request the Project description be modified to include properties within the City of Indio (see following Final EIR and comment section of the staff report). The NOP requested input from responsible agencies as to the scope and content of the environmental information. The NOP and all comment letters are contained in the Appendix A.1 and A.2 of the Draft EIR. A response to comments letters can be reviewed on pages 1-4 through 1-15 of the Draft EIR. A Notice of Availability of the Draft EIR was advertised in the Desert Sun newspaper and posted with the Riverside County Clerk on October 26, 2005. The comment period ended on December 9, 2005. The NOP was mailed by the State Office of Planning and Research on August 10, 2005. A Notice of Availability of the Draft EIR was also mailed to numerous entities and persons. A Notice of Completion of the Draft EIR was also posted at the State Clearinghouse. The cases were advertised in the Desert Sun newspaper on December 12, 2005. All property owners within 500 feet of the affected area were mailed a copy of the public notice. Draft Environmental Impact Report A Draft Environmental Impact Report (DEIR) (Attachment 6) has been prepared consistent with the requirements of CEQA and the State CEQA Guidelines to evaluate the environmental impacts resulting from implementation of the Project. The City of La Quinta (City) is the Lead Agency and has the authority for the preparation and certification of the Final EIR. The DEIR (see Final EIR Section 2.0 for corrections and additions to the DEIR) provides a detailed Project description and a description of the environmental setting. The document contains an Environmental Impact Analysis and, as required by CEQA, Project Alternatives. The alternatives include; no project/nop1_� a.. ; I development, development with reduced square footage, and an alternative site location. Table 1-1 "Summary of Environmental Impacts and Mitigation Measures and Levels of Significance after Mitigation" provides a brief description of Potential Environmental Impacts, Mitigation Measures and Level of Significance after Mitigation, for the following environmental issues which were identified from comments received during the 30 day public review period for the Notice of Preparation (NOP): Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology, Land Use and Planning, Noise, Public Services, Utilities, Transportation and Traffic and Circulation, Visual Resources, and Water Quality. All mitigation measures are being recommended to be adopted as the Conditions of Approval for the Project. The DEIR identifies potentially significant adverse impacts that can be mitigated to a less than significant level. The DEIR also identifies the following significant unavoidable adverse impacts that cannot be mitigated to a less than significant level: 1. As construction impacts associated with the "worst -case" phase of construction for the proposed Project exceeds the SCAQMD's Southeast Desert Air Basin (SEDAB) significance thresholds for NOx, the proposed Project in conjunction with other past, present, and reasonably foreseeable future projects will have the potential to result in a cumulative short-term impact to air quality as a result of exceedance of SCAQMD's significance thresholds due to construction -related emissions. Implementation of the proposed Project will result in a significant short-term impact to regional air quality due to the exceedance of SCAQMD's SEDAB significance thresholds for NOx during grading and construction. There are no feasible mitigation measures to reduce the NOx emissions and this impact remains a significant unavoidable adverse impact. Operational, long-term air pollutant emissions for carbon monoxide (CO) are projected to slightly exceed the SCAQMD significance threshold in 2010 and will remain significant. In addition to exceeding air quality thresholds during the operational phase, implementation of the proposed Project along with other related development in the area will incrementally impact cumulative air quality conditions and would be significant. Project -specific and cumulative air quality impacts are projected to remain significant after mitigation during the construction phase. Therefore, in order to approve the proposed Project, the City Council would be required to adopt a Statement of Overriding Consideration for construction phase NOx emissions impact, operations phase CO emissions impact, and cumulative impacts. 2. The Traffic Impact Analysis of the proposed Project is based on methodologies that incorporate the cumulative effects of traffic from general growth and anticipated development in the area. This reflects background traffic and traffic from area -wide growth already approved by the City of La Quinta, plus the development of the proposed Project. Project impacts are considered reaching a threshold of significance if they exceed, either individually or cumulatively, a Level of Service (LOS) standard established by the County Congestion Management Agency for designated roads or highways. Policy 3-2.1.3 of the Circulation Element establishes LOS "Y as the minimum peak hour standard for streets in La Quinta. Furthermore, the City considers operational impacts to be significant if intersections forecasted to operate at LOS "E" or "F", without the proposed development experience, with a 0.02 increase in volume to capacity (v/c) with site development. Three intersections will have less than significant impact with mitigation: Highway 111 and Jefferson Street- Estimated to operate at a LOS "D" without the Project and a LOS "E" with a 0.09 increase v/c with the Project. (As corrected in the Final EIR) • Highway 111 at La Quinta Drive - Estimated to operate at LOS "E" with a 0.027 increase in the v/c ratio due to Project development • Highway 111 at Dune Palms Road - Estimated to operate at a LOS "E" with a 0.041 increase in v/c ratio due to Project development. One intersection will have significant impact even after mitigation as a result of the proposed Project in future year 2020: Washington Street at Highway 111 - Estimated to operate at LOS "F" with a 0.056 increase in the v/c ratio due to Project development. Mitigation Measure 4.10-2 will mitigate the incremental impact of the proposed Project at the intersection of Highway 111 and Washington Street to a less than significant level. However, mitigation needed to return the Highway 111 and Washington Street intersection to an acceptable LOS has been deemed infeasible due to construction costs and right-of-way restrictions. The Project's incremental impacts at this intersection can be mitigated, through proposed re -striping, but the overall cumulative effects remain significant with or without the added trips associated with the Project. Even with Mitigation Measure 4.10-2-2, cumulative impacts to the transportation circulation grid will remain significant and unavoidable. Therefore, in order to approve the proposed Project, the City Council would need to adopt a Statement of Overriding Considerations for the Cumulative Transportation and Traffic impacts. Mitigation Monitoring Program The City is required to adopt a monitoring or reporting program to assure that the mitigation measures in the Final Environmental Impact Report (EIR) are implemented (Attachment 7). In order to sufficiently track and document the status of mitigation measures, a mitigation matrix has been prepared and includes the following components: Mitigation Measure number, Mitigation Measure (text), Implementation Action, Monitoring Method, Responsible Monitoring Party, Monitoring Phase, Verification/Approval Party, Mitigation Measure Implemented? (Y/N and date), and Documentation Location (Monitoring Record). Final EIR and Comments Received on the Draft EIR The Final EIR includes the information contained in the Draft EIR, comments received during the review process, the list of persons commenting, and the City's response to comments received. The Draft EIR was completed and was circulated for a mandatory 45-day public review period that began on October 25, 2005 and concluded on December 9, 2005. The City is required to provide written responses to comments. The Response to Comments document is referred to as the Final EIR. The City received three comment letters on the Draft EIR before the end of the comment period (December 9, 2005) and two letters were received after the comment period ended. The City received comments from Desert Sands Unified School District, Coachella Valley Water District, and California Department of Transportation. Responses to these comments are included in the Final EIR, Response to Comments document (Attachment 8). The City also received comments from the City of Indio and Sunline Transit Agency; these letters were received after the December 9, 2005 deadline for comments. Responses to these letters are attached to this report and are not incorporated into the Final EIR (Attachment 9). CEQA and CEQA Guidelines do not require letters received after the comment period to be included in the Final EIR. However, City staff prepared detailed written responses to the Indio and Sunline letters. The Final EIR and responses to the Indio and Sunline letters were provided to each commenting agency ten days prior to the City Council public hearing. CEQA Findings and Statement of Facts The California Environmental Quality Act and particularly the CEQA Guidelines require that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects on the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: Changes or alterations have been required in, or incorporated into, the Project which avoid, or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the final EIR." In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that would otherwise occur with implementation of the Project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. For those significant effects that cannot be mitigated to a less -than -significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. The Guidelines state in Section 15093 that: "If the specific economic, social, technological, or other benefits of a proposed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable." The required CEQA Findings and Statement of Facts for the Proposed Project are incorporated into the City Council Resolution for the Final Environmental Impact Report 2005-539 as Exhibit "A." Benefits of Implementing the Proposed Project and Statement of Overriding Considerations CEQA requires the City as Lead Agency, to balance the benefits of the proposed Project against its unavoidable significant adverse impacts, and to determine whether the Project related significant impacts can be acceptably overridden by the Project benefits when the impacts and benefits are compared and balanced. The proposed Project is anticipated to cause Project specific or contribute to cumulative unavoidable significant adverse environmental impacts as described the EIR. The required CEQA Statement of Overriding Considerations is incorporated into the City Council Resolution for the Final Environmental Impact Report 2005-539 as Exhibit "B." The benefits of the proposed Project resulting from the implementation of the proposed Project, as detailed in Exhibit "B," outweigh the Project specific and cumulative unavoidable adverse environmental effects. The benefits from approving the proposed Project, as outlined below and in "Exhibit "B," can be considered by the City Council in performing the balancing test with those unavoidable significant adverse environmental impacts previously described. The following benefits can be found to outweigh and make acceptable the unavoidable significant adverse impacts of the proposed Project as described in the Final EIR, this document and other information in the record. Each benefit can constitute an overriding consideration warranting approval of the Project, independent of other benefits, despite each and every unavoidable impact. Economic Development: expanding the tax base - Implementation of the Project will enhance the City's economic base from revenues derived from increased sales tax, business licenses and other fees, taxes and exactions, which flow from the development of the Project. It is estimated that the proposed Project will generate approximately $5.8 million dollars in tax revenue to the City over the next ten years. City tax revenues in the opening year for the Costco facility are estimated at $618,235 and increasing in the tenth year of operation to $1,171,837. Economic Development: expansion of retail opportunities - Implementation of the Project serves to implement the policies in the City's 2005-2006 Economic Development Plan including business and retail expansion, securing Highway 111 Anchor Tenants, and diversification of the City's economic base. The Project would enhance the quality of life for people in the City of La Quinta and the Coachella Valley by providing shopping and dining opportunities within the Komar Desert Center. The Project will add to the total square footage of regional and community retail space in the City needed to achieve the benchmarks in the Economic Development Plan; the Project anticipates building 233,700 square feet of retail and restaurant space. Expansion of employment opportunities — The Project will enhance the quality of life in the City of La Quinta by expanding employment opportunities associated with retail and restaurant businesses, and new construction. Costco will employ approximately 200 employees. Additional commercial businesses in the Komar Desert Center will employ an estimated 100 employees. Project Fees - The Project would generate development that will maximize future tax revenues and Development Impact Fees for the City of La Quinta and School Impact Fees. This will help to finance the public infrastructure improvements included in the City's Capital Improvement Program. It is estimated that the Costco Warehouse store and fueling station will add approximately $380,000 in fees to the City and School District to expand regional and local public facilities. Implementation of the City's General Plan - Implementation of the Project is consistent with the City's 2002 General Plan Goals and Objectives for development of the Project site. The Project is designated Regional Commercial on the north half of the site and Commercial Park on the south half of the site with access from a State Highway that bisects the City's entire regional commercial core. The Project further implements following the General Plan Land Use Element Goals: "High quality development which promotes the City's image as 'the Gem of the Desert"' "A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region" The Project further implements the following General Plan Circulation Element Goal: "A transportation and circulation network that efficiently, safely and economically moves people, vehicles and goods using facilities that meet the current demand and projected needs of the City while maintaining and protecting its residential resort character" Area -wide infrastructure - The Project will be helpful in causing new area -wide public infrastructure improvements to be constructed, which will benefit both existing development and other future development, including but not limited to street improvements and public utility improvements. The Project will bring water and sewer to the Project site which can also serve adjacent development. The Project will complete a portion of State Highway 1 1 1 improvements which includes street improvements, traffic signal enhancements, a bus pull-out and a bus shelter, pedestrian sidewalks and in addition, the Project enhances the Highway 111 Image Corridor by providing a 50-foot Highway 1 1 1 landscape setback. In conclusion, the benefits identified, collectively and individually, outweigh the unavoidable, Project specific and cumulative significant unavoidable adverse impacts. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolution, required by the Zoning and Subdivision Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The City has identified all of the adverse environmental impacts and feasible mitigation measures which can reduce potential adverse environmental impact to insignificant levels where feasible, or to the lowest achievable levels where significant adverse unavoidable adverse environmental impacts remain. The findings have also analyzed three alternatives to determine whether they are reasonable or feasible alternatives to the proposed Project, or whether these alternatives might reduce or eliminate the significant adverse impacts of the proposed Project. The Final EIR presents evidence that implementing the proposed Project will contribute to significant adverse impacts which cannot be substantially mitigated to an insignificant level. All feasible alternatives and mitigation measures are recommended for adoption or identified for implementation by the City and other agencies where appropriate. The City finds that the Projects benefits are substantial as outlined, and that these benefits justify overriding the unavoidable significant adverse impacts associated with the proposed Project. The City further finds that the benefits, when balanced against the unavoidable significant adverse impacts, outweigh these impacts because of the environmental, social and economic benefits which accrue to the City. The alternatives available to the City Council include: Adopt a Resolution of the City Council certifying an Environmental Impact Report including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2005- 543; and Adopt a Resolution and Findings of the City Council approving Specific Plan 2005-075 creating development guidelines and standards for a commercial development, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Conditional Use Permit 2005-092, allowing a store over 50,000 square feet, fueling station, and a tire sales and service store, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Tentative Parcel Map 33960, to subdivide ± 26.53 acres of land into four lots, subject to the Conditions of Approval; and Adopt a Resolution and Findings of the City Council approving Site Development Permit 2005-833, for a 149,739 square foot store and a four bay fueling station subject to the Conditions of Approval. 2. Do not adopt the Resolutions approving the Project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R• vans Commun y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Minutes of the November 22, 2005 Planning Commission meeting 3. Komar Desert Center Specific Plan (Council only) 4. Tentative Parcel Map 33960 (Council only) 5. Site Development Permit packet for Costco Wholesale Store and Fueling Station (Council only) 6. Draft Environmental Impact Report (previously provided under separate cover) 7. Mitigation Monitoring Program 8. Final Environmental Impact Report, Response to comments 9. Responses to comments from letters received after the December 9, 2005 deadline (City of Indio and Sunline) 10. RSG Executive Benefit Letter dated December 22, 2005 RESOLUTION NO. 2006- A RESOLUTION IN THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT REPORT 2005-543 (STATE CLEARINGHOUSE #2005081060) PREPARED FOR SPECIFIC PLAN 2005-075; CONDITIONAL USE PERMIT 2005-092; TENTATIVE PARCEL MAP 33960, AND SITE DEVELOPMENT PERMIT 2005-833 AS BEING ADEQUATE AND COMPLETE;RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED CASE NO.: ENVIRONMENTAL IMPACT REPORT 2005-543 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did on the 3'd day of January, 2006 hold a duly noticed public hearing to consider the request of Costco Wholesale and Komar Investments (hereinafter "Applicants") for approval of a Specific Plan, Conditional Use Permit, Tentative Parcel Map, and Site Development Permit, (hereinafter "the Entitlement Approvals") to allow construction of a ± 26.53 acre multi -phased mixed commercial project consisting of a 233,439 square feet of commercial uses including a 149,739 square foot Costco Wholesale store and four bay fueling station, and retail, office and restaurant uses (hereinafter "the Project"). The Project site is located south of Highway 1 1 1 and Depot Drive, and more particularly described as: A.P.N.'S: 649-030-086,649-030-087,649-030-007, AND 649-030-088; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22" day of November, 2005 hold a duly noticed public hearing to consider the request of the Applicants for approval of the Entitlement Approvals to allow construction of the Project; and WHEREAS, it was determined pursuant to CEQA and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 et seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of an Environmental Impact Report ("EIR"); and WHEREAS, on August 5, 2005, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR; mailed that NOP to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and City Council Resolution No. 2005- Conditional Use Permit 2005-092 — Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 WHEREAS, the City thereafter caused to be prepared a Draft Environmental Impact Report ("DEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the anticipated environmental impacts resulting therefrom, and on October 26, 2005, circulated the DEIR for public and agency comments; and WHEREAS, a DEIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code §21000, et seq.); and WHEREAS, the public comment period for the DEIR closed on December 9, 2005; and WHEREAS, the City has reviewed the comments received on the DEIR, has prepared full and complete responses thereto, and on December 23, 2005, distributed the responses in accordance with Public Resources Code Section 21092.5; and WHEREAS, the City Council has reviewed and considered the information pertaining to the DEIR at a duly noticed hearing held on January 3, 2006; and WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, and any remaining unavoidable significant adverse environmental impacts are acceptable based upon the City's findings and determinations consistent with CEQA; and WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the Final EIR, and has found that the FEIR considers all potentially significant adverse environmental impacts which may be caused by the proposed project, and determined it is complete and adequate, that it fully complies with all requirements of CEQA, and reflects the City Council's independent judgment; and WHEREAS, prior to action on the Project and the Entitlement Approvals, the City Council considered all significant adverse environmental impacts, mitigation measures and proposed project alternatives identified in the FEIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Project and implementation of the Entitlement Approvals have been lessened or City Council Resolution No. 2005- Conditional Use Permit 2005-092 — Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 3 avoided to the extent feasible and the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or Applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and WHEREAS, CEQA provides that no public agency shall approve or carry out a project for which a FEIR has been completed and which identifies one or more significant adverse environmental impacts of the proposed project unless the public agency makes written factual findings for each of the potentially significant adverse environmental impacts identified in the DEIR; and WHEREAS, CEQA Guideline Section 15093(b) recognizes that the La Quinta City Council may proceed to approve the Project and the Entitlement Approvals, despite the fact that certain potentially significant adverse environmental impacts are identified in the FEIR which are not mitigated to a level of insignificance, where the City has stated in writing the reasons to support its action based upon the DEIR and other information in the public record; and WHEREAS, the City Council has determined that the Project is necessary to serve the existing and future needs of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta resolves as follows: SECTION 1. Certification. Based on its review and consideration of the FEIR as presented, the City Council certifies the EIR for the Project and that the FEIR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The City Council adoption and certification of the FEIR reflects the City Council's independent judgment and analysis. The City Council further certifies that the FEIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to recommending approval of the Project. SECTION 2. CEQA Findings and Statement of Facts. Pursuant to CEQA Guidelines section 15091, the City Council of the City of La Quinta, California has reviewed and adopts the CEQA Findings and Statement of Facts as shown on the attached Exhibit A, entitled "CEQA Findings and Statement of Facts", which is incorporated herein by this reference as though fully set forth. SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of La Quinta, California, in addition to the findings made in the body of the FEIR, has reviewed and finds that the City Council Resolution No. 2005- Conditional Use Permit 2005-092 — Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 4 Statement of Overriding Considerations as shown on the attached Exhibit B, entitled "Statement of Overriding Considerations", is necessary, and the City Council adopts and incorporates herein by this reference as though fully set forth. SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources Code Section 21081 .6, the Mitigation Monitoring and Reporting Program for the Project is hereby adopted as Exhibit C. SECTION 5. Location and Custodian of Record of Proceedings. The custodian of the records and proceedings shall be the Community Development Director, and such records and proceedings shall be on file in the Community Development Department in the City of La Quinta, California. SECTION 6. Notice of Determination and Completion. The City Council requires that the; Director of the Community Development Department file a Notice of Determination with the County Clerk of the County of Riverside and with the State Office of Planning and Research within five working days of City Council approval. SECTION 7. Certification, Posting and Filing. This Resolution shall take effect immediately upon its adoption by the City Council of the City of La Quinta, California, and the City Clerk shall certify to the vote adopting this Resolution and shall cause a certified copy of this Resolution to be filed. The City Clerk shall post the resolution in three conspicuous places in the City of La Quinta. 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 of the City of La Quinta, California, does hereby certify Environmental Impact Report 2005-543 for Specific Plan 2005-075; Conditional Use Permit 2005-092, Tentative Parcel Map 33960, and Site Development Permit 2005-833 as adequate and complete and in compliance with the requirements of CEQA for the reasons set forth in this Resolution. AYES: ►T161*3 ABSENT: R City Council Resolution No. 2005- Conditional Use Permit 2005-092 — Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 5 ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT A CEQA FINDINGS AND STATEMENT OF FACTS FOR: ■ THE KOMAR DESERT CENTER SPECIFIC PLAN 2005-075 ■ SITE DEVELOPMENT PERMIT 2005-833 AND ■ CONDITIONAL USE PERMIT 2005-092 FOR A 149,736 SQUARE FOOT COSTCO WHOLESALE WAREHOUSE BUILDING AND A FUELING STATION ■ TENTATIVE PARCEL MAP 33960 PART 1: INTRODUCTION 1.1 Statutory Requirements for Finding The California Environmental Quality Act,' and particularly the CEQA Guidelines2 require that: "a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that would otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.3 Public Resources Code, Section 21081. 14 California Code Regulations, Section 15091. 3 CEQA Guidelines, Section 15091(a). For those significant effects that cannot be mitigated to a less -than -significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.' The Guidelines state in section 15093 that: "If the specific economic, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable."' 1.2 Record of Proceedings For purposes of CEQA and the findings set forth herein, the record of proceedings for the City Council's decision on the proposed project consists of, among others items: a) matters of common knowledge to the City Council, including, but not limited to, federal, State and local laws and regulations; and b) the following documents which are in the custody of the City of La Quinta ("City"): • Notice of Preparation, Notice(s) of Availability, and Notice(s) of Completion, which were issued by the City in conjunction with the proposed project; • The Draft EIR and Appendix (DEIR), issued October 25, 2005,and all of the documents referenced therein; • The Final Environmental Impact Report (FEIR), dated December, 2005, which includes all written comments submitted by agencies or members of the public during the public comment period on the DEIR and responses to those comments and all of the documents referenced therein; • The Mitigation Monitoring and Reporting Program (MMRP); • All records regarding the Planning Commission's consideration of the Project, including the Draft EIR, staff report(s), transcripts and minutes of the meetings, • All findings, statements of overriding consideration, and resolutions adopted by the City Council in connection with the proposed project, and all documents cited or referred to therein; • All final reports, staff reports, studies, memoranda, maps, correspondence, and all planning documents prepared by the City, or the consultants, or responsible or trustee agencies, with respect to: a) the City's compliance with CEQA; b) development of the project site; or c) the City's action on the proposed project; • All documents submitted to the City by agencies or members of the public in connection with development of the proposed project; • All documents compiled by the City in connection with the study of the proposed project and the alternatives; • The testimony and evidence presented at the public hearings on the Project; and 4 Public Resources Code, Section 21081(b). • The record of proceeding. 1.3 Organization/Format of Findings Part 2 of these findings contains a summary description of the proposed project, sets forth the objectives of the proposed project, provides related background facts, and impacts evaluated in the DEIR. Part 3 identifies the potentially significant effects of the proposed project which will be mitigated to a less -than -significant level. All numbered references identifying specific mitigation measures refer to numbered mitigation measures found in the DEIR. Part 4 identifies the significant impacts that cannot be mitigated to a less -than - significant level. Part 5 identifies the proposed project's potential environmental effects that were determined to be less than significant, and so did not require mitigation measures. Part 6 discusses the feasibility of proposed project alternatives. PART 2: KOMAR DESERT CENTER SPECIFIC PLAN, (PROPOSED PROJECT) 2.1 Project Objectives The objectives of the proposed commercial development for the applicant are to provide: • Commercial services including, but not limited to, home improvement products and equipment, personal supplies, pharmacy, optical exams and sales, gasoline, office and pet supplies, eating establishments, financial services, and tire and auto services. • Develop a retail center to provide goods and services to the community, create jobs, and generate increased property and sales taxes to benefit the City of La Quinta. • Offer, retain and merchandise at a scope and price not currently offered in the trade area. • Service a portion of the retail market that is currently traveling outside of the City of La Quinta. • Create an attractive, viable project, and realize a reasonable return on investment. The objectives of the proposed commercial development for the City of La Quinta are to: • Create a development compatible with, and sensitive to, existing surrounding land uses in the project area. • Complement the development of commercial centers and ancillary uses that convey a high -quality visual image and character. • Enhance the existing retail uses located on Highway 1 1 1 and provide local residents with convenient access to a retail use which is highly desired by local residents, thereby eliminating the need for those residents to drive long distances for the same shopping experience. • Continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. • Diversity and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. • Provide for necessary transportation improvements and strategies to accommodate the demands of new and existing development. • Balance the City's immediate needs for commercial property, but also maintain long- term needs for adequate open space and recreational areas. • Ensure adequate utility infrastructure and public services for new development, and ensure that timing and funding of improvements are closely correlated with development phasing. • Mitigate the potential impacts to the surrounding area to the greatest extent practicable, while still allowing for the market -driven commercial development, which will enhance the tax base of the City and provide employment opportunities for area residents. 2.2 Project Description The Proposed Project is comprised of 26.37 acres located approximately 800 feet west of the intersection of Jefferson Street and Highway 111 on the southern side of Highway 1 1 1, and will be constructed in two phases. The Proposed Project involves the phased development of retail, restaurant and office, within the specific plan area. The first development phase will include 149,739 square feet of commercial uses including a Costco Wholesale Warehouse with associated tire center and food service. In addition, the Proposed Project includes installation of a connecting water line that will cross through the City of Indio and the La Quinta Evacuation Channel to connect with an existing water line in Jefferson Street. The first phase will also consist of development of a fuel facility, associated parking, and entry driveways including site lighting, sidewalk, landscaping, and a bus stop. The second development phase (comprised of two parcels, owned by Komar) will consist of other commercial development and associated parking scheduled to be constructed after Costco is open. 2.3 Project Alternatives Based on the objectives and the environmental consequences of the proposed project, and pursuant to section 15126.6 of the CEQA Guidelines, the following three project alternatives were considered and analyzed in the DEIR: Alternative 1 • No Project Alternative - No Development In this scenario, "No Project" means that no development would occur on the 26.37 acre Specific Plan project site. The project site would remain undeveloped and in its current condition. Alternative 2• Reduced Square Footage Alternative. Under the Reduced Square Footage Alternative, it is assumed that the Proposed Project would be developed with a 40 percent reduction of the entire project site including the building and parking areas. Under this alternative, the project site would be developed with approximately 140,000 square feet and 15.7 acres of commercial uses, compared to 233,439 square feet and 26.2 acres proposed under the project. This reduction was intended to respond to significant impacts identified for air quality and traffic. Alternative 3: Alternative Site. Under the Alternative Site scenario, it is assumed that the Proposed Project would be developed on an alternative location, at the same level of final build -out. The site chosen for this alternative is on the northeast corner of Washington Avenue and Fred Waring Drive as shown in Figure 5-1 (Commercial Development at Alternative Location Site Map). The site was chosen for consideration based on land use compatibility (Community Commercial), frontage on a major arterial road, and size of the site (25.11 acres). 2.4 Impacts Evaluated In The DEIR In accordance with Sections 15060(c) and 15081 of the CEQA Guidelines, the City completed a preliminary review of the Amended Project and the decision was made that further evaluation of the Project's potential environmental impacts was needed in the form of a DEIR. The topics evaluated in the DEIR include all of the topics as listed below: Air Quality Cultural Resources Hazards and Hazardous Materials Land Use/Planning Public Services Visual Resources Biological Resources Geology/Soils Hydrology Noise Transportation and Traffic Water Quality PART 3: POTENTIALLY SIGNIFICANT EFFECTS DETERMINED TO BE MITIGATED TO LESS -THAN -SIGNIFICANT LEVELS The DEIR identifies certain potentially significant adverse environmental impacts that could result from the construction and operation of the Project, which impacts are summarized on pages 1-17 through 1-24 of the DEIR. The DEIR identified 13 potentially significant effects that could result from the proposed project. However, the City finds for each of the significant or potentially significant impacts identified in this section, Section 3, based upon substantial evidence in the record that: changes or alterations have been required or incorporated into the proposed project that avoid or substantially lessen the significant effects as identified in the FEIR.5 As a result, the adoption of the mitigation measures set forth below will reduce the identified significant effects to a less -than -significant level. 3.1 Section 4.1: Air Quality 3.1 .1 Impact - Construction (Short -Term Construction of the Proposed Project will generate pollutant emissions from the following activities: (1) fugitive dust emissions from construction activity; (2) grading operations and soil disturbance; (3) exhaust emissions and odors from construction activity and vehicular trips; and (4) application of architectural surface treatments. Table 4.1-6 demonstrates that during construction short-term reactive organic gases (ROG) and nitrogen oxides (NOx) exceed the South Coast Air Quality Management District (SCAQMD) thresholds. Exceedence of the ROG emissions threshold is due primarily to application of paintings and coatings during finish construction. Exceednce of the NOx threshold is due to exhaust emissions generated by construction vehicles during grading activities. These emissions are significant but temporary. The mobile nature of the on -site construction equipment and off - site trucks will prevent any micro -scale violation of standards. There may be localized instances when the characteristic diesel exhaust is noticeable from passing trucks or nearby heavy equipment. Truck exhaust impacts can be minimized by controlling construction routes to reduce interference with non -project traffic patterns and to preclude truck queuing or idling near sensitive receptor sites. Once project construction activities have been completed, project -related construction emissions would cease. 3.1 .1 Mitigation Measures The following measures shall be implemented during project construction to minimize ROG, NOx, and exhaust odors. MM 4.1-1 Regular equipment tune-ups and limits in equipment idling shall be implemented. MM 4.1-2 During finish construction pre -coated building materials and high pressure -low volume (HPLV) paint applicators shall be used. MM 4.1-3 The project applicant shall employ an extended painting schedule over a two - month period using less than 100 gallons per day of low- VPC paint or ensure that no more than 83,700 square feet would be painted within one month. MM 4.1-4 Construction routes shall be controlled to reduce interference with non - project traffic patterns and to preclude truck queuing or idling near sensitive receptor sites. 5 CEQA Guidelines, section 15091. `�r.. " MM 4.1-5 The project applicant shall comply with the provisions of the City of La Quinta Municipal Code that establish minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plan to control fugitive dust through the implementation of best available control measures (BACMs) shall be prepared and submitted to the City for approval prior to the issuance of grading permits. Applicable BACMs include but are not limited to: • Cut and fill quantities will be balanced onsite as much as practicable to minimize truck trips for import or export of dirt. • Adequate watering techniques shall be employed to minimize the impact of construction -related dust particulates. Portions of the site that are undergoing surface earth moving operations shall be watered such that a crust will be formed on the ground surface, and then watered again at the end of each day. Site watering will be performed as necessary to adequately mitigate blowing dust. • Any vegetative cover to be utilized onsite shall be planted as soon as practicable to reduce the disturbed area subject to wind erosion. Irrigation systems required for these plants shall be installed as soon as practicable to maintain good ground cover and to minimize wind erosion of the soil. • Any construction access roads (other than temporary access roads) shall be paved as soon as practicable and cleaned after each work day. The maximum vehicle speed on unpaved roads shall be 15 mph. • Grading operations shall be suspended during first stage ozone episodes or when winds exceed 25 mph. A high wind response plan shall be formulated for enhanced dust control if winds are forecast to exceed 25 mph in any coming 24-hour period. • Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four -degree retard. • Construction operations affecting off -site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through -traffic lanes. • Idling trucks or heavy equipment shall turn off their engines if the expected duration of idling exceeds five minutes. • Perimeter walls and landscaping shall be constructed in a manner that assists in protecting the site from blow -sand. All walls and landscaping shall be maintained on a regular basis to remove accumulated blow -sand. MM 4.1-6 The project applicant shall comply with all applicable SCAQMD Rules and Regulations including Rule 403 insuring the clean up of construction -related dirt on approach routes to the site. 3.1.1 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures are feasible and would reduce the air quality impacts resulting from construction of the Proposed Project to a less -than -significant level. 3.1 .2 Impact — Truck Exhaust During Construction (Short -Term Exceedance of the NOx threshold is due to exhaust emissions generated by construction vehicles during grading activities. These emissions are significant but temporary. The mobile nature of the on -site construction equipment and off -site trucks will prevent any micro -scale violation of standards. There may be localized instances when the characteristic diesel exhaust is noticeable from passing trucks or nearby heavy equipment. Truck exhaust impacts can be minimized by controlling construction routes to reduce interference with non -project traffic patterns and to preclude truck queuing or idling near sensitive receptor sites. Once project construction activities have been completed, project - related construction emissions would cease. 3.1.2 Mitigation Measures *See MM 4.1-1 through 4.1-6 on pages 6 and 7 MM 4.1-7 The project applicant shall comply with energy use guidelines in Title 24 of the California Administrative Code. MM 4.1-8 The use of energy efficient street lighting and parking lot lighting per the City Lighting Ordinance shall be required for all on -site travel paths to reduce emissions at the power generation facility serving the area. MM 4.1-9 The project applicant shall comply with the City of La Quinta's Transportation Demand Management Program by submitting an active approved plan under the SCAQMD Regulation XV program requirements. Furthermore, the project applicant shall comply with SCAQMD Ride Share program. MM 4.1-10 The project applicant shall notify the city and SCAQMD of the start and end of grading in conformance and within the time frames established in the 2002 PM 10 Management Plan. 3.1.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures are feasible and would reduce the air quality impacts resulting from construction of the Proposed Project to a less -than -significant level. 3.2 Section 4.2: Biological Resources 3.2.1 Impact The entire project site would be graded during the development of the Proposed Project, resulting in the loss of 26.3 acres of various habitats (Table 4.2-2). Specifically, this would result in the removal of 19.6 acres of Disturbed Sonoran Creosote Bush Scrub. Impacts to the disturbed Sonoran Creosote Bush Scrub vegetation community would be considered significant as the project site lies within the Coachella Valley Fringe -toed Lizard Mitigation Area. In addition, approximately 0.70 acre of Disturbed Habitat would be temporarily impacted during construction of the off -site water line (0.002 acre of permanent impacts and 0.69 acre of temporary impacts). 3.2.1 Mitiqation Measure MM 4.2-1 Mitigation for the direct impact of 19.6 acres of disturbed Sonoran creosote bush scrub would include the project applicant paying into the Coachella Valley Association of Government's Coachella Valley Fringe -toed Lizard Mitigation Fee Program prior to obtaining building permits. The project applicant shall pay $600 per acre of land impacted. 3.2.1 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DER to a level of insignificance. The City Council finds that the implementation of the above mitigation measure is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level. Impacts would be less than significant with the purchase of additional lands within and around Coachella Valley Preserve. 3.2.2 Impact The Proposed Project would temporarily impact 0.15 acre of "Waters of the State" within the La Quinta Evacuation Channel during trenching of the off -site water line (0.14 acre) and storm drain (0.01 acre). 3.2.2 Mitiqation Measure MM 4.2-2 Mitigation for temporary impacts to 0.15 acre of CDFG jurisdiction shall be implemented at a 1 :1 ratio for on -site restoration. Prior to any project -related activities that would result in temporary impacts to CDFG jurisdiction; the project applicant shall acquire a Section 1602 Lake/Streambed Alteration Agreement. 3.2.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level. With on -site restoration at a 1:1 ration, the temporary impacts to state waters would be less than significant. 3.2.3 Impact Potential impacts could occur from the installation of a permanent concrete slab (dissipater) approximately 0.002 acre (70 square feet) used for protection and stabilization of the storm drain. The concrete slab will be located at the toe of the slope of the Channel bank, directly east of the proposed Costco Wholesale building 3.2.3 Mitigation Measure MM 4.2-3 Mitigation for permanent impacts to 0.002 acre (70 square feet) of CDFG jurisdictional area at the toe of the slope of the Channel bank shall be implemented at a 1 :1 ratio by removal of tamarisk within the Channel. 3.2.3 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level. With the on -site restoration at a 1 :1 ratio, the permanent impacts to state jurisdictional waters would be less than significant. 3.2.4 Impact The 0.002 acre of permanent impact and 0.15 acre of temporary impact to the La Quinta Evacuation Channel would also be considered impacts to "Waters of the U.S." 3.2.4 Mitigation Measure MM 4.2-4 Mitigation for temporary and permanent impacts to USACE jurisdictional waters shall be implemented at a 1 :1 ratio for on -site restoration. Prior to any project -related activities that would result in impacts to "Waters of the U.S." the project applicant shall acquire a Section 404 Permit from the USACE and a 401 Water Quality Certification from the Regional Water Quality Control Board. 3.2.4 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measure is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level. With the on -site restoration at a 1 :1 ratio, the temporary and permanent impacts to federal jurisdictional waters would be less than significant. 3.2.5 Impact Implementation of the Proposed Project would potentially impact species that require special survey requirements. 3.2.5 Mitiqation Measure MM 4.2-5 Due to the presence of suitable habitat on -site for the western burrowing owl, a pre -construction survey is required (pursuant to CDFG protocols) to ensure that any owls that may be occupying the site are identified. The pre - construction survey will need to be performed within 30 days of the start of construction. An experienced and qualified biologist shall conduct this survey. Should burrowing owls be present on the site prior to construction, then CDFG will be contacted and consulted. Pursuant to CDFG's Staff Report on Burrowing Owl Mitigation (1995), and unless otherwise directed by CDFG, occupied burrows within the area where development is proposed between February 1 and August 31 shall not be disturbed and shall be provided with a 250-foot buffer from development activities. Furthermore, in the event that breeding pairs or single birds are found occupying on -site burrows, off -site habitat mitigation at the rate of 6.5 acres per single bird or pair shall be pre -approved by CDFG for subsequent purchase to the satisfy this mitigation requirement. Outside of the breeding season and in consultation with CDFG, passive relocation of burrowing owls may be accomplished through the construction of artificial burrows at an adjacent off - site and pre -approved location. 3.2.5 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level 3.2.6 Impact Grading of the Proposed Project site development areas would be conducted during the bird breeding season with potential impacts to species covered by the Migratory Bird Treaty Act (MBTA). The Project Site would impact trees, shrubs, and ground cover that provide suitable habitat for nesting migratory birds, including raptors. Impacts to such species are prohibited under the MBTA and California Fish and Game Code. Any impact to nesting birds is considered significant. 3.2.6 Mitiqation Measures MM 4.2-6 To avoid impacts to nesting birds, the removal of potential nesting vegetation (i.e., trees, shrubs, ground cover, etc.) supporting migratory birds/raptors shall be avoided during the nesting season (if feasible), recognized from February 1 through August 31. MM 4.2-7 If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be N conducted no more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the nesting vegetation would be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the nesting vegetation and would establish an adequate buffer (e.g., construction fencing) around the nesting vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be afforded larger buffers). Clearing/grading shall not occur within the buffer until the nesting event has completed. 3.2.6 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The the City Council finds that the implementation of the above mitigation measures is feasible and would reduce the biological impacts to nesting migratory birds resulting from implementation of the Proposed Project to a less -than -significant level. 3.2.7 Impact Temporary indirect impacts would potentially occur during project implementation and construction. Anticipated permanent and temporary indirect impacts may potentially occur from the associated construction activities adjacent to native habitat areas in the form of vegetation trampling by construction workers and construction vehicles outside the limits of grading, erosion into off -site areas, increased traffic, increased noise, and dust. These indirect impacts would be short term, but are considered potentially significant. 3.2.7 Mitigation Measures MM 4.2-8 Temporary protection fencing shall be utilized to protect adjacent off -site native habitats during construction. An experienced and qualified biologist shall establish the limits of the native habitat (i.e., jurisdictional waters) in the field prior to the initiation of any site construction activities. Fencing along the La Quinta Evacuation Channel (upstream and downstream of the work area to the top of the embankment) shall also be installed to define the work limits for the prevention of vehicles from traveling beyond the construction area and possibly causing erosion of the channel walls or other discharge into the drainage. MM 4.2-9 The qualified biologist shall verify in writing that the temporary and permanent habitat protection fences have been appropriately placed and are functioning normally during and after site construction activities have taken place. Once earthwork and related site activities are completed, the temporary fence shall be removed. MM 4.2-10 To avoid native habitats, construction staging areas, equipment refueling areas, and other areas for equipment and materials storage shall be located within the identified construction area. To avoid inadvertent impacts to biological resources that may be present, storage and access areas shall be displayed on the approved project plans and specifications. MM 4.2-1 1 Activities, including staging areas, equipment access, and disposal of temporary placement of excess fill, shall be prohibited within drainage outside of the identified construction area. Runoff from project -related hardscape surfaces shall be discharged to the existing La Quinta Evacuation Channel. Runoff will be filtered using a Continuous Deflective Separation (CDS) unit, or similar structure, prior to discharging via underground pipe at the invert of the existing Channel. 3.2.7 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures are feasible and would reduce the biological impacts to native habitats adjacent to the project site resulting from implementation of the Proposed Project to a less -than - significant level. 3.2.8 Impact The Proposed Project is within the Draft MSHCP Plan area. At present, the Draft Plan has not been finalized; therefore, approval of Take Authorization and state and federal agency approval has not occurred. Although the Draft Plan has not been finalized, the Biological Resources Technical Report (HDR 2005) addressed the direct and indirect impacts to covered species as described in the Draft Plan program, and whether the Proposed Project would be consistent with the Draft Plan if it was adopted prior to approval of the Proposed Project. As discussed in the Biological Resources Technical Report (HDR 2005), the Proposed Project would be consistent with the Draft Plan. The Proposed Project is located within the boundaries of the Draft Plan, but not within a proposed Conservation Area. Proposed activities with the Draft Plan area are required to perform habitat assessments for the 27 covered species and 27 natural communities as identified in the Draft Plan and if covered species are found, conduct focused surveys. Proposed activities outside of Conservation Areas are also required to pay a Local Development Mitigation Fee. 3.2.8 Mitigation Measures If the Draft Plan is approved prior to approval of the Proposed Project, MM 4.2-2 — 4.2-1 1 would be required in addition to MM 4.2-12 below. MM 4.2-12 The project applicant shall pay the Local Development Mitigation Fee as required by the Final Plan. The $600 per acre fee, as described in MM 4.2-1, would be subsumed by this new Local Development Mitigation Fee if the Draft Plan is finalized and adopted prior to permit issuance or approval of the Komar Desert Center project. 3.2.8 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measure is feasible and would reduce the biological impacts resulting from implementation of the Proposed Project to a less -than -significant level 3.3 Section 4.3: Cultural Resources 3.3.1 Impact While Phase II testing has resulted in findings that none of the previously recorded sites are significant or important under CEQA, because prehistoric artifacts occur across the project area, and due to the large number of sites nearby, the possibility of subsurface prehistoric deposits is high. Because the project site contains sediments that are known to contain fossils, impacts are considered significant. Development of the Proposed Project without mitigation, therefore, may potentially cause significant impacts to cultural and/or paleontologic resources. 3.3.1 Mitiaation Measures The following mitigation measures shall be implemented to reduce impacts to less than significant levels on undiscovered cultural and/or paleontologic resources on the Proposed Project site: MM 4.3-1 Due to the presence of important archaeological sites in the immediate vicinity of the project area, construction grading activities shall require monitoring by a qualified archaeologist. MM 4.3-2 Should buried cultural resources be encountered during construction activities, work in that area must be halted until a qualified archaeologist can evaluate the nature and significance of the find. If human remains are unearthed during construction, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. MM 4.3-3 Excavation in areas identified as likely to contain paleontological resources, including any disturbed surface or subsurface sediments of the Lake Cahuilla beds, shall be monitored by a qualified paleontological monitor. MM 4.3-4 Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. MM 4.3-5 Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present or if the fossilferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources. MM 4.3-6 All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. MM 4.3-7 Specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the initiation of mitigation activities. MM 4.3-8 Due to the presence of historic Native American sites in the immediate vicinity of the project area, construction clearing, brushing, trenching and all grading activities shall require monitoring by a tribal monitor. MM 4.3-9 A report of findings with an appended itemized inventory of identified specimens shall be prepared. The report will address archaeological, paleontological, and tribal items. This report shall incorporate the full results of the literature review, as well as the full results of the recommended review of the records of the Vertebrate Paleontology Department of the Natural History Museum of Los Angeles County. The report shall be submitted prior to the issuance of the Certificate of Occupancy. 3.3.1 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DER to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the cultural and/or paleontological resources impacts resulting from implementation of the Proposed Project to a less -than -significant level. Monitors will be able to evaluate any findings and half further activity until a final determination can be made by appropriate personnel. In addition, monitoring and curation of fossils (if found) will would reduce impacts to undiscovered prehistoric resources to below a level of significance. 3.3.2 Impact The cumulative total of all related project development in the City of La Quinta, including the Sam's Club, Jefferson Plaza, The Pavilion, and La Quinta Corporate Center developments as identified in Table 3.5-1, creates the potential for additional impacts to historical, archaeological, and/or paleontological resources. Since historical, archaeological, and paleontological prehistoric artifacts occur across the project area and vicinity, the possibility of subsurface prehistoric deposits or fossil resources, possibly deeply buried, is high. Due to the existence of the aforementioned resources, the areas that contain said resources are to be considered sensitive for cultural resources. In addition, the presence of sediments suitable to contain paleontological resources and the positive results of the literature review reinforce the high potential for encountering significant nonrenewable vertebrate fossils. With more development, there is an increased possibility of encountering historical, archaeological, and/or paleontological resources. Mitigation measures would be implemented for the Proposed Project and related project development that is subject to CEQA. However, through recordation and curation of resources to provide the public and historians the opportunity to review these resources, the Proposed Project would not result in a cumulatively significant impact. 3.3.2 Mitiqation Measures *See MM 4.3-1 through 4.3-7 3.3.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the cumulative cultural resources impacts resulting from implementation of the Proposed Project to a less -than -significant level. 3.4 Section 4.9: Public Services and Utilities 3.4.1 Impact — Fire Services The Proposed Project may impact fire protection services in the project area. Five fire stations would serve the Proposed Project area. The closest station, West Indio, is located less than two miles from the Proposed Project site and is equipped with one city engine and one city medic ambulance. The Coachella Valley Water District (CVWD) performed a fire flow test for the Proposed Project. The minimum fire hydrant flow requirement will need to be 4,000 gpm at a pressure of 20 psi. Using data obtained by CVWD, the flow is estimated to be approximately 5,388 gpm, which will be available at the private fire hydrants. Once the Proposed Project is built, it will have adequate pressure, flow, and supply designed to meet requirements. It has been determined by CVWD that the proposed system would be able to provide fire flow to all hydrants to meet the fire protection system demand at the Proposed Project site and Riverside County Fire Department requirements (pers. comm., Julie Kretz) During construction and operation of the Proposed Project, compliance with all applicable fire codes and ordinances will be required. The Proposed Project will comply with applicable Riverside County Fire Code and RCFD requirements and standards for construction, access, water mains, fire flow, and fire hydrants. 3.4.1 Mitiqation Measure MM 4.9-1 The project applicant shall pay development impact fees per City of La Quinta Ordinance 408 to the RCFD for the purpose of developing new commercial facilities within the City. Since no significant adverse impacts to fire protection services would result from implementation of the Proposed Project, no additional mitigation measures would be required. 3.4.1 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid an impact as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce Fire Services impacts resulting from implementation of the Proposed Project to a less -than -significant level. Upon implementation of the applicable regulator requirements and payment of mitigation fees directed under the City's Ordinance 408, totaling 10,504, the Proposed Project's specific impacts to fire protection services would be less than significant. 3.4.2 Impact — Schools The Proposed Project may impact the Desert Sands Unified School (DSUSD) school system. The proposed commercial development project could indirectly add students to the DSUSD as the Proposed Project will generate approximately 400 employees. However, it is anticipated that the majority of employees would be from the existing labor force in the City or would live in the adjacent cities. School needs generated by implementation of the Proposed Project could be accommodated with existing resources. Further, the project proponents would be required to pay development fees to the DSUSD. Therefore, it is anticipated that implementation of the Proposed Project would not result in significant impacts on school services. 3.4.2 Mitigation Measure MM 4.9-2 The project applicant shall pay development fees to the DSUSD for the purpose of developing new school facilities within the City. The project applicant shall pay $0.36 per square foot in fees. Since no significant adverse impacts to school facilities would result from implementation of the Proposed Project, no additional mitigation measures would be required. 3.4.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid an impact as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measure, the payment of school impact fees, is feasible and would reduce school impacts resulting from implementation of the Proposed Project to a less -than -significant level. 3.4.3 Impact — Municipal Government The Proposed Project may impact the City of La Quinta's Civic Center and may impact the City of La Quinta's Maintenance Facilities. For new developments, City policies require payment of Development Impact Fees. 3.4.3 Mitigation Measure MM 4.9-3 The project applicant shall pay development impact fees per City of La Quinta Ordinance 408 to the City for improvements to the City's Civic Center. MM 4.9-4 The project applicant shall pay development impact fees per City of La Quinta Ordinance 408 to the City for improvements to the Maintenance Facilities. 3.4.3 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the impact as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures, the payment of mitigation fees directed under the City's Ordinance 408, is feasible and would reduce municipal government impacts resulting from implementation of the Proposed Project to a less -than -significant level. 3.5 Section 4.10: Transportation and Traffic 3.5.1 Impact - Site access and circulation Access to the Proposed Project will occur via two driveways: a full access signalized intersection at Highway 111 at Depot Drive and a right -in/ right -out driveway along Highway 111. A potentially significant impact may occur to the maintenance of steady flow of ingress and egress traffic. 3.5.1 Mitigation Measures MM 4.10-1 To provide for smooth ingress and egress from its site, the Proposed Project shall implement the following measures: • Provide and maintain low growing landscaping in the vicinity of the site driveways and along the site frontage to Highway 111 (EW) for a distance of 12 to 15 feet back of curb to ensure adequate sight distance for safe and easy flow of traffic. • Provide a half street improvement on Highway 111 (EW) along the site frontage including an additional eastbound through lane, a right -turn deceleration lane on Highway 111 (EW) at Depot Road (NS). Furthermore, the traffic signal at the Highway 1 1 1(EW)/ Depot Road (NS) intersection will need to be modified to accommodate the road widening and turn lanes on Highway 111 . • Provide a reciprocal easement of access at a location on the western edge of the development. 3.5.1 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would ensure adequate ingress and egress from the project site and thus minimize the transportation and traffic impacts related to site access and circulation resulting from implementation of the Proposed Project to a less -than -significant level. 3.5.2 Impact Preliminary sight distance was reviewed at the site -access driveways to evaluate any existing sight distance obstructions present. Based on a review of the area, all site driveways can be constructed to meet sight distance requirements. However, a potentially significant impact to safety exists if all landscaping along the site frontage and along the north side of Highway 111 is not properly trimmed and maintained. 3.5.2 Mitigation Measures *See MM 4.10-1 on page 18 3.5.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would ensure adequate ingress and egress from the project site and thus minimize the transportation and traffic impacts related to site access and safety resulting from implementation of the Proposed Project to a less -than -significant level. 3.5.2 Impact - Future operations A summary of future year (2020) build out with project and improvements Level of Service (LOS) and volume to capacity (v/c) ratios for the study area intersections during the PM peak hour are shown in Table 4.10-4 of the DER. Figure 4.10-10 of the DER shows future with project build out conditions total traffic volumes. Development of the Proposed Project results in a decrease in LOS at the following intersection and will require mitigation measures to achieve acceptable standards: • Highway 111 and Jefferson Street— Estimated to operate at a LOS D without the project and a LOS E with a 0.09 increase v/c with the project. Intersections that operate at an unacceptable LOS without implementation of the Proposed Project continue to operate at an unacceptable LOS with implementation of the Proposed Project. Three of the six intersections experience an increase of 0.02 or greater in the critical v/c ratio due to implementation of the Proposed Project, which is considered a significant impact. The following three intersections contribute to more than a 0.02 increase in v/c ratio and require mitigation to achieve acceptable standards: • Washington Street at Highway 111 — Estimated to operate at LOS F with a 0.056 increase in the v/c ratio due to project development. �:f • Highway 111 at La Quinta Drive — Estimated to operate at LOS E with a 0.027 increase in the v/c ratio due to project development • Highway 111 at Dune Palms Road — Estimated to operate at a LOS E with a 0.041 increase in v/c ratio due to project development. It should be noted that the remaining two intersections that fall below LOS D with or without the implementation of the Proposed Project in the future year (2020) are located partially or wholly within the City of Indio. Because the City of Indio has not established a threshold for significance for impacts to intersections that fail with and without the project, the 0.02 increase in v/c ratio threshold was also applied to intersections in Indio. Even though the Jefferson Street at Avenue 48 and Highway 111 at Madison Street intersections do not meet the LOS D standard, the increases are less than significant because the Proposed Project does not cause an increase in 0.02 in v/c ratio. The Traffic Impact Analysis also includes a comparison between the future traffic conditions under the General Plan Build -Out Scenario without the Proposed Project and future conditions under the General Plan Build -Out Scenario with the Proposed Project. The comparison of trip generations and average daily traffic with and without the Proposed Project revealed that the Proposed Project will result in a slight increase of 137 trips compared to the predicted trip distribution by La Quinta General Plan. 3.5.2 Mitigation Measures MM 4.10-2 Re -stripe westbound approach to allow separate right -turn lane at Highway 111 & Washington: The mitigation measures to achieve LOS D have been determined to be infeasible due to the substantial construction cost and right-of-way restrictions. The project applicant shall provide funding to implement the re - stripe of the westbound approach to allow separate right -turn lane to mitigate the significant incremental impact. MM 4.10-3 Allow northbound right -turn overlap phasing at Highway 111 & La Quinta Dr.: The City of La Quinta has confirmed that this improvement will be constructed by the City, using Measure A funds provided by the Riverside Transportation Commission, in conjunction with the Highway 111 improvement project scheduled for construction in 2007. MM 4.10-4 Add a second southbound left -turn lane at Highway 111 & Dune Palms: A commercial development (Sam's Club) is currently in process southwest of this intersection and will be responsible for constructing northbound dual left turn lanes at this intersection. If Caltrans does not require the southbound improvement as part of the Sam's Club improvements and the improvements are not otherwise completed by other development, the City has confirmed that the City of La Quinta will complete the improvements using Measure A provided by the Riverside Transportation Commission, in conjunction with its Highway 1 11 improvement project scheduled for construction in 2007. MM 4.10-5 Allow right -turn overlap phasing for eastbound and southbound movement at Jefferson St. & Highway 11 1 : The City of La Quinta has confirmed that overlap phasing can be accommodated through the signal modifications that will accompany the Highway 111 widening and improvement project. Therefore, this impact will be mitigated to less than significant. 3.5.2 Finding Changes or alterations are required in, or incorporated into, the Project that will substantially lessen or avoid the significant effect as identified in the DEIR to a level of insignificance. The City Council finds that the implementation of the above mitigation measures is feasible and would reduce the transportation and traffic impacts at Highway 111 and Washington, Highway 111 and La Quinta Drive, and Highway 111 and Dune Palms resulting from implementation of the Proposed Project to a less -than -significant level. PART 4: SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO LESS -THAN - SIGNIFICANT LEVELS 4.1 Section 4.1: Air Quality 4.1 .1 Impact — Cumulative Operational Impacts The Proposed Project would generate significant incremental cumulative impacts to air quality. The Air Quality Management Plan (AQMP) provides a framework for the assessment of air quality within the Basin. It also provides for air pollutant control strategies, and assists in establishing a State Implementation Plan (SIP). The SIP defines how the Basin will achieve the federal ambient air quality standards. Because the project is included in the City's General Plan, regional emissions associated with the project are accounted for within the AQMP and are therefore consistent with the AQMP. In addition to exceeding air quality thresholds during the operational phase, implementation of the Proposed Project along with other related development in the area will incrementally impact cumulative air quality conditions. 4.1.1 Mitigation Measures *See MM 4.1-1 through 4.1-10 on pages 6 through 8 4.1.1 Finding The Proposed Project would generate significant incremental cumulative impacts to air quality but mitigation measures 4.1-7 through 4.1-1 0 would partially mitigate cumulative impacts. With implementation of mitigation measure 4.1-4, the objectionable odor impact will be minimized to below a level of significance. Furthermore, with implementation of mitigation measure 4.1-5, ROG emissions impact will be minimized to below a level of significance. Unfortunately, even with implementation of the above -listed reduction measures, construction -related activities would still result in NOx emissions in exceedance of the identified significance threshold as shown in Table 4.1-4. Operational impacts leading to an exceedance of the carbon monoxide (CO) threshold in 2010 will remain significant. Project -specific and cumulative air quality impacts are projected to remain significant after mitigation during the construction phase. However, as a growing and developing City, La Quinta and the Coachella Valley the air quality impacts generated by the Proposed Project are outweighed by the benefit it provides the community. The Proposed Project will not only enhance the quality of life by providing employment, shopping and dining opportunities, it will generate development and infrastructure growth and improvements. Furthermore, the potential adverse environmental impacts identified with construction and operation of the Project are generally associated with normal growth, progress and prosperity in a developing community. Therefore, pursuant to Section 21081 (a)(3) of the Public Resources Code, the City Council has determined that construction phase NOx emission impacts, operations phase CO emission impacts and cumulative air quality impacts are acceptable based on the considerations described above and the specific overriding considerations as described in the Statement of Overriding Considerations. 4.2 Section 4.10: Transportation and Traffic 4.2.1 Impact — Future/Cumulative Impacts A summary of future year (2020) build out traffic conditions with and without the project are shown in Table 4.10-4. Figure 4.10-10 identifies weekday pm peak hour future year (2020) traffic volumes at full build out with project and roadway improvements. Development of the Proposed Project results in a decrease in LOS at the following intersection and will require feasible mitigation measures to achieve acceptable standards: • Highway 111 and Jefferson Street— Estimated to operate at a LOS D without the project and a LOS E with a 0.09 increase v/c with the project. Six intersections that operate at an unacceptable LOS without implementation of the Proposed Project continue to operate at an unacceptable LOS with implementation of the Proposed Project. Three of the six intersections experience an increase of 0.02 or greater in the critical v/c ratio due to implementation of the Proposed Project, which is considered a significant impact. The following three intersections contribute to more than a 0.02 increase in v/c ratio and require mitigation to achieve acceptable standards: • Washington Street at Highway 111 — Estimated to operate at LOS F with a 0.056 increase in the v/c ratio due to project development. • Highway 111 at La Quinta Drive — Estimated to operate at LOS E with a 0.027 increase in the v/c ratio due to project development • Highway 111 at Dune Palms Road — Estimated to operate at a LOS E with a 0.041 increase in v/c ratio due to project development. It should be noted that the remaining two intersections that fall below the LOS D standard with or without the implementation of the Proposed Project in the future year (2020) are J located partially or wholly within the City of Indio. Although the City of Indio does not have an additional threshold for intersections that fail with and without the project, the 0.02 increase in v/c ratio threshold was also applied to intersections in Indio. Even though the Jefferson Street at Avenue 48 and Highway 1 1 1 at Madison Street intersections do not meet acceptable LOS thresholds, the increases are less than significant because the Proposed Project does not cause an increase in 0.02 in v/c ratio. The preceding analysis of the Proposed Project is based on methodologies that incorporate the cumulative effects of traffic from general growth and anticipated development in the area. This reflects background traffic and traffic from area wide growth already approved by the City of La Quinta, plus the development of the Proposed Project. As mentioned above, four intersections are significantly impacted as a result of the Proposed Project in future year 2020. Therefore, cumulative impacts to the regional circulation grid are significant and require mitigation. 4.2.1 Mitigation Measures *See MM 4.10-2 through 4.10-5 on pages 20 and 21 4.2.1 Finding As mentioned above, four intersections are significantly impacted as a result of the Proposed Project in future year 2020. Table 4.10-5 specifically identifies mitigation measures for these intersections. Once implemented, mitigation measures 4.10-3, 4.10-4, and 4.10-5 mitigate the impact identified for each of these three intersections to less than significant levels. Mitigation measure 4.10-2 will mitigate the incremental impact of the Proposed Project to the intersection of Highway 111 and Washington Street to a less than significant level. Mitigation needed to return the Highway 111 and Washington Street intersection to an acceptable LOS has been deemed infeasible due to construction costs and right-of-way restrictions. Therefore, pursuant to Section 21081(a)(3) of the Public Resources Code, the City has determined that this impact is acceptable based on considerations described above and the specific overriding considerations as described in the Statement of Overriding Considerations. PART 5: EFFECTS DETERMINED TO BE NOT SIGNIFICANT OR LESS THAN SIGNIFICANT The City Council finds that, based upon substantial evidence in the record as discussed below, the following impacts associated with the proposed Project are, except as noted above, less than significant and no mitigation is required: 5.1 Section 4.4 Geology/Soils The project site is located in a seismically active area and strong ground shaking from earthquakes could possibly affect the development; however, the Proposed Project structures, including the Costco fueling facility, would be subject to the requirements of the Uniform Building Code (UBC) for Zone 4 for resistance to seismic shaking. In addition, the Proposed Project will be constructed in accordance with other UBC criteria, current seismic design specifications of the Structural Engineers Association of California, other applicable regulations, ongoing site -specific geotechnical investigations, and all applicable requirements of the State of California Occupational Safety and Health Administration (Cal/OSHA). Therefore, no significant impacts would occur from seismic ground shaking. Hazards including landslides and liquefaction are unlikely to occur as a result of geography, topography, and site -specific geotechnical considerations. Therefore, no significant impacts would occur from landslides or liquefaction. During construction of the Proposed Project, there is a low potential for soil erosion on and off -site. Soil erosion would be controlled and would remain less than significant through the implementation of a project -specific Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). In addition, permanent vegetation shall be planted to provide long-term erosion protection for the Proposed Project site. The on -site soils are anticipated to possess a slight to moderate potential for collapse. Upper soils should be overexcavated to depths indicated in the geologic report and replaced as recompacted engineered fill resulting in a less than significant impact. The project site is also underlain by granular soils, which are anticipated to possess a low expansion potential; therefore, the Proposed Project would not be impacted. The supplemental investigation determined that the geologic characteristics on -site are such that construction is geotechnically feasible and the proposed structures can be adequately supported. Therefore, impacts resulting from the Proposed Project are not considered significant according to the aforementioned criteria. Impacts to geology and/or soils on -site would remain less than significant if the guidelines and approved design features from the geotechnical reports are incorporated into design and construction of the Proposed Project. These include: Project shall adhere to the following project design features: • The proposed development shall be designed in accordance with the requirements of the latest edition of the UBC for Seismic Zone 4. • Removal and stripping operations shall expose a firm, non -yielding subgrade that is free of significant voids and organics. • All excavations shall comply with applicable local, state, and federal safety regulations including the current Cal/OSHA Excavation and Trench Safety Standards. • Pipe zone backfill shall consist of imported soil less than 1/4 inch in maximum dimension. Trench zone backfill shall consist of onsite soil or imported fill which 4 meets the requirements for engineered fill provided in the recommendations in Appendix E. Imported material shall consist of fine-grained sand. • Positive surface drainage shall be provided to prevent pooling and/or saturation of the soils in the vicinity of foundations, concrete slabs -on -grade, or pavements, with a minimum of 5 percent positive fall away from building perimeters to a distance of at least 5 feet. • Continuous and isolated spread footings shall have minimum widths of 18 inches and be embedded at least 18 inches below the lowest final adjacent subgrade. Compliance with all recommendations and design features set forth in the geotechnical reports (Appendix E) would ensure that project -related impacts would be less than significant. No significant short-term or cumulative geological impacts will occur as a result of the Proposed Project. No additional mitigation measures would be required. 5.2 Section 4.5: Hazards and Hazardous Materials Potential impacts could result from a spill or overfilling, leaking, or rupture of an UST system, spillage from an accidental event, or surface spills and underground releases. However, prior to authorization or start of construction of the Proposed Project, the project proponent shall prepare a Spill Prevention and Contingency Plan (SP&CP) to prevent runoff of potential petroleum product spills. This Plan will be submitted for review and approval of the appropriate jurisdictional agency and all construction crew members shall be trained in the requirements of the SP&CP. The Plan will include information on storage of hazardous materials, emergency response procedures, employee training requirements, fire safety, first -aid procedures, hazardous materials release containment/control procedures, and release reporting requirements. Additional special precautions would be taken during construction close to water bodies (flood control channel) to avoid accidental spills and contamination of water resources (see Section 4.9, Water Quality for more details). With the implementation of the project design features (PDFs) listed above, impacts resulting from construction and operation of the Proposed Project would be less than significant. In order to operate the fueling facility, Costco will have to meet the requirements of all applicable local, state, and federal regulations. Because these standards are in place, the Proposed Project is not anticipated to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Furthermore, there are no foreseeable upset and accident conditions that would involve the release of hazardous materials into the environment. The Proposed Project would not create a significant hazard to the public or the environment because the Proposed Project site is not located on any hazardous materials site as designated by Government Code Section 65962.5. Also, the Proposed Project is not located within 0.25 mile of an existing or proposed school; therefore, the construction and operation of the project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within an existing or proposed school zone. The Proposed Project is not located within an airport land use plan or within two miles of a public airport. Therefore, construction and operation of the project would not result in a safety hazard for people residing or working in the project area. The Proposed Project is also not located within the vicinity of a private airstrip and would not result in any associated safety hazard for people residing or working in the project area. Construction and operation of the Proposed Project will not impair or interfere with implementation of any adopted emergency response plan or emergency evacuation plan. In addition, the County of Riverside General Plan designates the area surrounding the Proposed Project as low for wildfire susceptibility. Accordingly, construction and operation of the Proposed Project would not expose people or structure to a significant risk of loss, injury, or death involving wildland fires. Costco Wholesale has met or exceeded all the standards and requirements outlined above for the Proposed Project. Moreover, implementation of the Proposed Project would not exceed any of the identified CEQA Guidelines (Appendix G(l)) significance criteria which identify the criteria that establish a significant impact. Therefore, the Proposed Project's impacts to hazardous materials resulting from the construction and operation of the proposed commercial development would be less than significant. No significant impacts are anticipated for the Proposed Project; therefore, no mitigation measures pertaining to hazardous materials are required. 5.3 Section 4.6: Hydrology Portions of the Proposed Project site are currently situated within a 500-year flood hazard zone or 100-year floor hazard zone that is protected by levee improvements. The 100-year zone is confined to the La Quinta Evacuation Channel located adjacent to the southeastern boundary of the Proposed Project site. Development of the Proposed Project is not a significant impact because the Proposed Project would not place structures within the 100- year flood zone. With no structures in the 100-year flood zone, flood flow is not restricted by the Proposed Project. Project development will cause minor alteration of the existing drainage pattern in the area; however, the proposed improvements are consistent with the objectives and requirements for reducing the potential for flooding of the Proposed Project site. Therefore, impacts are not significant. With the proposed improvements, the Proposed Project would not create or contribute on- or off -site runoff water that would exceed the capacity of the planned storm water drainage system. Furthermore, the site storm drain system will be designed to convey such storm events without impact to the constructed environment. On -site and off - site runoff will be controlled and will not subject on -site or downstream uses to sedimentation or damage from water forces. Therefore, impacts are less than significant. The proposed on -site drainage system has the capacity to carry the anticipated storm flows to the La Quinta Evacuation Channel. Therefore, the project would not expose people or structures to an increased flooding risk as a result of the project. No significant impacts are anticipated for the Proposed Project; therefore, no mitigation measures pertaining to hydrology are required. 5.4 Section 4.7: Land Use/Planning The Proposed Project does not divide an established community. Overall, the Proposed Project is consistent with and does not conflict with the environmental goals, objectives, or guidelines of the City of La Quinta General Plan. The Proposed Project is consistent with the adopted land use designation for the site, and does not convert general plan designated open space to a more intensive land use. Additionally, the Proposed Project does not conflict with any adopted environmental plans for the area. Therefore, no significant impacts to land use will result from the Proposed Project. The Proposed Project was also considered on a cumulative level with the other proposed projects in the area. The cumulative effect of the projects would not result in the physical division of an established community, would not conflict with the City of La Quinta General Plan, and would not conflict with the potentially applicable habitat conservation plan. Therefore, no significant cumulative impacts to land use will result from the Proposed Project. 5.5 Section 4.8: Noise Varying levels of construction noise may be heard in different parts of the project site during the project's total construction period. The noise strength of construction equipment ranges widely as a function of the equipment used as well as the load carried. Construction noise would occur in discrete phases dominated initially by earth -moving and/or demolition sources and later for finish construction. Construction equipment would generate both steady state and episodic noise that may be heard both on- and off -site, which could expose off -site sensitive receptors to short-term noise impacts. Figure 4.8-1 summarizes the noise generation for typical construction activities. As shown, heavy equipment noise can exceed 90 dB(A) and averages about 85 dB(A) at 50 feet from the source when the equipment is operating at typical loads. However, noise levels would diminish rapidly with distance from the construction area at a rate of approximately 6 dB(A) per doubling distance. The City's General Plan Noise Element specifies that levels of 80 dB(A) CNEL are considered acceptable for commercial use without outdoor amenities such as dining patios facing arterial roadways. For nearby residences, an exterior CNEL of 65 dB(A) is acceptable. During the construction phase, heavy equipment may exceed 90 dB(A) and averages about 85 dB(A) at 50 feet from the source with typical operation. This exceeds the standard of 80 dB(A); however, noise levels would diminish at the rate of approximately 6 dB(A) per doubling distance so noise levels would not exceed the threshold at sensitive receptor sites located 350 feet away. Construction —related impacts are therefore not significant. Operational noise generated by the Proposed Project is anticipated to be generated by delivery/unloading heavy goods on loading docks, maintenance activities such as refuse collection or parking lot sweeping, stacking or retrieving temporary outdoor storage. Noise could also be generated from single events such as operation of forklifts, dropped pallets, trucks at low -speed and high -rpm shifting gears, trash pick-up, etc. During the operational phase, the daytime noise standard of 60 dB(A) is met within 50 feet of the loading dock. The nocturnal standard of 50 dB(A) would be met within 170 feet under clear line of sight conditions. There are no existing noise -sensitive uses within either of these distances. Furthermore, the City's Noise Ordinance specified allowable hours for construction activities to take place. Normally, most construction activities end around 3:30 PM with very limited Saturday work. This would not result in a significant impact as the project would be in compliance with the City's ordinance confining activities to hours of least noise sensitivity. Therefore generation of noise levels in excess of standards established in the local plans and ordinances is less than significant. Groundborne vibrations and noise levels could occur during the earthmoving activities of the construction phase. Point sources of noise emissions are atmospherically attenuated by a factor of 6 dB(A) per doubling of distance. The loudest construction activities conducted closest to the nearest residences south of the site (350 feet buffer distance) would create maximum noise levels of 68 dB(A) outside the existing perimeter walls. However, attenuation by the existing perimeter walls would reduce maximum construction equipment noise to near 60 dB(A). Inside these residences, maximum interior levels would be near 45 dB(A) with windows open. Construction equipment noise levels at the closest homes would not substantially interfere with exterior recreational activity or with interior peace and quiet. Compliance with the City of La Quinta Noise Ordinance would ensure groundborne vibration and/or noise levels are kept at a less than significant level. Project -related traffic could increase the noise exposure of sensitive receptors in the vicinity of the project site. The Federal Highway Administration's (FHWA) Highway Traffic Noise Prediction Model was used to predict noise levels and perform a noise barrier analysis. The impact analysis was conducted with attention given to the peak hour traffic numbers based on the transportation impact analysis (Kittelson & Associates, Inc. 2005, Appendix J). Fifteen roadway links were selected for analysis. Traffic noise levels were calculated for existing conditions without and with project and for future year without and with project scenarios. The input 24-hour traffic data and the CNEL at a 50-foot reference distance were calculated. Table 4.8-3 summarizes the noise level impact for the four traffic scenarios on the 48 roadway links analyzed. The maximum vehicular noise project contribution is an additional 0.8dB(A) above existing levels without the Proposed Project. There will be no significant impact to the acoustic environment associated with traffic from the Proposed Project because this contribution is less than the significance threshold of 3 dB(A) as identified in the Noise Impact Analysis. For other commercial activity, the General Plan daytime standard of 65 dB(A) can be met within 50 feet. The closest sensitive receptor is located beyond 350 feet. Therefore, a permanent increase in ambient noise levels due to implementation of the Proposed Project would be less than significant. The nearest sensitive receptors are located at a distance of 350 feet, well outside the primary noise impact zone. They are at the outer edge of any construction noise envelope and are additionally shielded by solid perimeter walls that create an addition 6-8dB(A) of noise attenuation. As specified above, construction —related noise will further be confined to the daytime hours of lesser noise sensitivity. Building assembly and finish construction during later phases of site development would be less noisy, particularly as portions of completed structures will inhibit direct line -of -sight sound propagation. Such noise will further be confined to the daytime hours of lesser noise sensitivity in accordance with the City of La Quinta Development Code (Section 6.08.050 of the Municipal Code). Noise generated during the construction of the Proposed Project would not affect any surrounding sensitive receptors and therefore would not be significant. Furthermore, cumulative increases will not exceed 3.OdB(A) along any roadway within the analysis grid. With growth of Jefferson Street in the future, the forecasted cumulative noise level increases to 2.9dB(A) CNEL. Additionally, future development along Jefferson Street has incorporated noise protection including set -back and perimeter noise walls at sensitive uses along the roadway in anticipation of achieving build -out noise levels in compliance with applicable thresholds. Cumulative traffic noise impacts are therefore less than significant as well. 5.7 Section 4.11 Visual Resources Evaluation of project impacts with regard to aesthetics is related to the existing visual and aesthetic characteristics of the Proposed Project site and changes to views from areas surrounding the project site. As the project site is currently flat, topography would not be extensively modified during development, as shown on Figure 4.1 1-1, Conceptual Grading Plan. Implementation of the Proposed Project would incorporate building pads and would be designed to allow proper access, provision of services, and drainage; however, the primary natural topography of the site would not be impacted (Figure 4.6-3). The proposed Costco retail building is a large, wholesale style building. The Costco fueling facility layout is generally consistent with Costco's master design criteria, with similar architectural features, subject to review and approval by the City of La Quinta Building Department. The proposed buildings on the Komar parcels will blend with Costco, by applying similar materials and colors. These architectural details are illustrated on Figures 2-5 and 2-6. The proposed Costco store is anticipated to have a maximum height of 35 a �, feet, with architectural elements extending as high as 41 feet, while the maximum height of the fueling facility structures are 18 feet in height. The preliminary landscape plan for the Proposed Project proposes a number of drought tolerant landscape trees, shrubs and groundcover plants that are suitable for the climate and that integrate with the architectural theme of the site. Landscape elements and enlargements are shown on Figure 2-7, Conceptual Landscape Plan. The project proponents have developed the landscape plan to meet the City of La Quinta Municipal Code regulations, Highway 111 Design Guidelines, and CVWD General Landscape Guidelines and Irrigation System Design Criteria. Partial screening of the Proposed Project from Highway 111 and the surrounding parcels will be accomplished through the use of a variety of plant species along the perimeters of the property. The Proposed Project would alter the aesthetic environment and the views of the site from that of an undeveloped, vacant area to that of a commercial area; however, the project would conform to the City's design guidelines and would comply with the General Plan. Approval of the Proposed Project Design would occur prior to issuance of grading permits. The majority of the direct views to the commercial development would be from the immediately surrounding land uses and extended views from the residential uses to the south. The closest residence to the project site is approximately 400 feet. The residential development would have direct northerly views of the proposed commercial site; therefore, immediate views from the south would be altered with implementation of the Proposed Project. However, the combination of the distance from the project site, the La Quinta Evacuation Channel acting as a physical buffer, and the presence of no General Plan designated viewsheds, would reduce the visual impact for viewers to the south. Mobile viewers on Highway 111 would also have direct views of the project site. Landscaping along the northern border of the project site adjacent to Highway 111 would provide partial screening. The project site is not located within a scenic vista or near trees, rock outcroppings, or historic buildings, are present onsite. In addition, the project site is designated for commercial use and surrounded by existing commercial uses to the north, east, and west. Therefore, no significant impacts would occur to scenic vistas or resources. There are no officially designated state scenic highways within the project area. Therefore, no impacts to scenic highways would occur. The majority of long distance views are available from the surrounding vicinity, which consists mainly of major community facilities and future residential development. However, due to the flat topography of the area, views of the project site from distant vantage points would be relatively obscure due to the intervening buildings and are not considered significant impacts. Development of the project would modify the nighttime appearance of the area to that of a lighted commercial area. The parking lot of the La Quinta Costco Wholesale will be illuminated with downward pointing lights, each containing one 1,000-watt halide bulb. Each light will be affixed to a pole that will be 35 feet above the finished grade. The lighting fixtures are of a shoebox style with the bulbs recessed in the shoebox to minimize dispersion and glare that would affect adjacent residents. The locations of the lighting poles are sited in a uniform pattern across the entire site, approximately 100 feet apart. Lighting poles adjacent to the boundaries of the project site will consist of light fixtures with shields so as not to cause substantial glare to adjacent developments. The Costco Fuel Facility will utilize recessed under -canopy -lighting. The City Planning Department would approve the final lighting plan design. The project would not introduce elements which will substantially detract from the existing aesthetic character or primary aesthetic resources of the area. The height and bulk of structural elements proposed by the commercial development would be compatible, and create a visual relationship with the existing commercial uses in the project vicinity. The Proposed Project would not obstruct views from designated scenic highways. Views from the residential development approximately 400 feet to the south of the project site would be considered non intrusive because of incorporation of a buffer (La Quinta Evacuation Channel), desert themed landscaping, architectural consistency with desert theme, and the presence of no General Plan designated viewsheds. Therefore, the Proposed Project's impacts to aesthetics and visual resources from the development of the commercial development would be less than significant. 5.8 Section 4.12 Water Quality Construction -Related Impacts Erosion and sedimentation due to construction -related activities will potentially impact surface water quality within the watershed. Erosion can occur when protective vegetation is removed and cuts and fills are left unprotected. If appropriate mitigation measures are not implemented, such erosion can create local problems (downstream sediment damage). In addition, improper handling of construction materials and/or equipment could result in accidental spills that could affect surface water quality. An SWPPP will be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements to outline a comprehensive program to protect water quality from various sources of pollution generated before and during construction. Erosion, discharge of pollutants and sediment, and drainage flows generated during construction will be controlled with implementation of structural (e.g., silt fences, sandbags, spill control) and non-structural (e.g., scheduling) best management practices (BMPs) to be detailed in the SWPPP. Long -Term Operational Impacts As noted in the Proposed Water Quality Management Plan (WQMP), the Proposed Project has the potential to result in long-term impacts on water quality due to the addition of pollutants typical of commercial/industrial development, restaurants, and parking lots, including: oil and grease, metals, trash and debris, organic compounds, nutrients, bacteria and viruses, oxygen demanding substances, sediment/turbidity, and pesticides The existing vegetated, unvegetated, and disturbed, open space will be replaced by a commercial development with commercial buildings and parking lots. With the addition of impervious surfaces on the site, storm water runoff would be expected to increase along with the potential for urban -related sediment and pollutants. Impacts resulting from the project may include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. Under certain circumstances, changes could also result in the reduction in the amount of available sediment for transport and storm flows could fill this sediment -carrying capacity by eroding the downstream channel. These changes have the potential to permanently impact downstream channels and habitat integrity. A change to the hydrologic system of the project site would be considered a hydrologic condition of concern if the change would have a significant impact on downstream erosion compared to the pre -development condition or have significant impacts on stream habitat, alone or as part of a cumulative impact from development in the watershed. Currently, there are no hydrological conditions of concern for the Proposed Project site. The CVWD as owners of the La Quinta evacuation channel, will allow the increase in storm water flow discharging from the project site into the channel because the channel has enough capacity to handle the flow without flooding. Proposed Water Quality Management Plan (WQMP) A project -specific WQMP will be implemented to address storm water runoff management and water quality treatment objectives. This plan was prepared by Fuscoe Engineering (August 2005). The WQMP sets forth an integrated approach involving the utilization of BMPs designed to: (1) function with the drainage plan for the project site and flood control channel to carry flows generated by offsite areas tributary to the project; and (2) to address treatment of urban and storm water runoff from the developed portions of the project site. The plan is based on a combination of onsite flow -based and volume -based treatment controls. The on -site and off -site drainage plan (Figure 4.5-3, Project Drainage and Flood Control Plan) demonstrates that the storm water runoff from the buildings and parking areas will be carried through .a conveyance system to a hydrodynamic separator device (CDS unit), and on to the La Quinta evacuation channel. This CDS unit is proposed to be installed on the southeastern perimeter of the project site to remove pollutants typically associated with parking lots (i.e., trash, sediment, oil, and grease). Unit specifications, including sizing, are included in Appendix 4 of the WQMP. In accordance with the Riverside County Model WQMP method for determining the Storm Water Quality Design Flow (SQDF), the site is required to be able to treat 2.9 cfs of storm water runoff and is sized in order to treat 6 cfs. 'nl Inrl\A/',tar Impervious surfaces will be created with development of the Proposed Project. The project site is currently undeveloped and vacant, absorption rates can be potentially affected by development of commercial uses. However, regional absorption and infiltration rates should not be significantly affected, given the limited size of the project site and because on -site soils are not particularly suited for groundwater recharge due to the presence of alluvium consisting of gravel, sand, silt, and clay at lower depths. Regional absorption shall continue after development at relatively similar rates as existing conditions. Drainage and storm runoff patterns will not be significantly affected by the proposed actions. Additionally, the Proposed Project is located within the service area of the CVWD and is eligible for water service (CVWD Service Commitment Letter, Appendix 1). Any future development on the project site would not use groundwater supplies. Therefore, there is no impact from the Proposed Project on groundwater supplies or recharge. PART 6: FEASIBILITY OF PROJECT ALTERNATIVES CEQA requires that an EIR's analysis of alternatives include findings as to whether the alternatives can feasibly achieve the objectives of the proposed project, and to also identify the "environmentally superior" alternative. Section 5.0 of the DEIR contains an analysis of the alternatives to the proposed project, including the CEQA-required "No Project" alternative. The following section discusses the project alternatives that were considered and analyzed in the DEIR and summarizes the consistency of these alternatives with the objectives of the proposed project. 6.1 No Project Alternative/No Development Consistent with Section 15126.6 of the CEQA Guidelines, the No Project/No Build Alternative is the existing condition of the project site at the time the Notice of Preparation (NOP) was published. The setting of the site at the time of the NOP is depicted in the exhibits and is described in the Project Description, Section 1, of the DEIR. Environmental impacts resulting from this project alternative would be those resulting from no development of the project site. Consistency with Project Objectives The City finds that the No Project/No Development Alternative would not meet any of the objectives of the project applicant or the City. Specifically, this alternative would not allow for the provision of commercial services, nor would it develop a retail center to provide goods and services to the community, create jobs, and generate increased property and sales taxes to benefit the City. Furthermore, this alternative would not enhance the existing retail uses on Highway 1 11. Whv This Alternative is Infeasible The City finds that this alternative is infeasible and rejects it. This alternative will not meet any of the basic objectives of the Proposed Project 6.2 Reduced Square Footage Alternative Under the Reduced Square Footage Alternative, it is assumed that the Proposed Project would be developed with a 40 percent reduction of the entire project site including the building and parking areas. Under this alternative, the project site would be developed with approximately 90,000 square feet and 10 acres of commercial uses, compared to 149,739 square feet and 16.8 acres proposed under the project. This reduction was intended to respond to significant impacts identified for air quality and traffic. Consistency with Project Objectives Development of the Reduced Square Footage Alternative would not meet the Project Proponent's primary objective to provide commercial services including, but not limited to home improvement products and equipment, personal supplies, pharmacy, optical exams and sales, gasoline, office and pet supplies, eating establishments, financial services, and tire and auto services. In order to meet market demand and the expectation of its membership base, a typical Costco building area is an average of 150,000 square feet. This alternative reduces the total building size by 40 percent to approximately 90,000 square feet. Costco would not be able to accommodate the demand and expectations of its membership by offering only 60 percent of the usual services. In addition, a Costco Commercial Center reduced by 40 percent of the typical square footage would not meet the City of La Quinta's goal of allowing for market -driven commercial development because it would not meet the market demands of its consumer base. Why This Alternative is Infeasible The City finds that this alternative is infeasible and rejects it. This alternative, while reducing some of the environmental impacts of the Proposed Project, is rejected because it does not achieve the project goals. 6.3 Alternative Site Under the Alternative Site scenario, it is assumed that the Proposed Project would be developed on an alternative location, at the same level of final build -out. The site chosen for this alternative is on the northeast corner of Washington Avenue and Fred Waring Drive as shown in Figure 5-1 (Commercial Development at Alternative Location Site Map). The site was chosen for consideration based on land use compatibility (Community Commercial), frontage on a major arterial road, and size of the site (25.11 acres). Consistency with Project Objectives The Alternative Site would meet many of the project applicant's objectives for the Proposed Project. Because of the close proximity of residential uses, the Alternative Site would fail to realize the City of La Quinta's objects of creative a development compatible with, and sensitive to, existing surrounding land uses in the project area. Furthermore, the Alternative Site would not accomplish the City's objective to enhance the existing retail uses located on Highway 111. Finally, by adding additional significant impacts, this alternative would not meet the City's objective of mitigating the potential impacts of the surrounding area to the greatest extent practicable. Why This Alternative is Infeasible The City finds that this alternative is infeasible and rejects it. The Alternative Site would not result in any appreciable reduction in identified impacts and in fact, would lead to additional impacts. The Alternative Site would create longer distance destination trips and contribute to already heavily congested intersections, resulting in additional significant impacts to traffic. Additionally, due to the proximity of sensitive receptor sites, additional significant impacts to air quality and likely to occur. 6.4 Environmentally Superior Alternative The No Project/No Development Alternative would eliminate the adverse environmental impacts of the Proposed Project and is considered the environmentally superior alternative. For the reasons discussed above, this alternative is infeasible and rejected because it does not achieve the project objectives. EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS FOR: ■ THE KOMAR DESERT CENTER SPECIFIC PLAN 2005-075, ■ SITE DEVELOPMENT PERMIT 2005-833 ■ CONDITIONAL USE PERMIT 2005-092 FOR A 149,736 SQUARE FOOT COSTCO WHOLESALE WAREHOUSE BUILDING AND A FUELING STATION ■ TENTATIVE PARCEL MAP 33960 STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a project against its unavoidable environmental impacts when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of the proposed project outweigh the project's unavoidable environmental effects, those effects may be considered acceptable. CEQA requires the lead agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the record of proceedings. In accordance with the requirements of CEQA, including the CEQA Guidelines, the City Council finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program, when implemented, avoid or substantially lessen some of the significant environmental impacts identified in the Final EIR. Nonetheless, certain significant impacts of the project are unavoidable, even after the incorporation of all feasible mitigation measures. These significant unavoidable impacts are identified and discussed in Part 4 of Exhibit A. The City Council finds that notwithstanding the disclosure of these significant unavoidable impacts and the presence of an environmentally superior project alternative that meets some of the objectives of the proposed project, there are specific overriding economic, legal, social, technological, and other reasons for approving the proposed project. Those reasons are as follows: • Implementation of the Project is consistent with the City's 2002 General Plan Goals and Objectives for development of the Project site. The project is designated Regional Commercial on the north half of the site and Commercial Park on the south half of the site with access from a State Highway that bisects the City's entire regional commercial core. The project further implements following the General Plan Land Use Element Goals: "High quality development which promotes the City's image as "the Gem of the Desert". "A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region" The project further implements following the General Plan Circulation Element Goal: "A transportation and circulation network that efficiently, safely and economically moves people, vehicles and goods using facilities that meet the current demand and projected needs of the City while maintaining and protecting its residential resort character"; and • Implementation of the Project will enhance the City's economic base from revenues derived from increased sales tax; business licenses and other fees, taxes and exactions, which flow from the development of the Project. It is estimated that the proposed project will generate approximately $5.8 million dollars in tax revenue to the City over the next 10 years. City tax revenues in the opening year for the Costco facility are estimated at $618,235 and increasing in the tenth year of operation to $1 ,171 ,837; and • Implementation of the Project serves to implement the policies in the City's 2005-2006 Economic Development Plan including business and retail expansion, securing Highway 111 Anchor Tenants, and diversification of the City's economic base. The project would enhance the quality of life for people in the City of La Quinta and the Coachella Valley by providing shopping and dining opportunities within the Komar Desert Center. The project will add to the to the total square footage of regional and community retail space in the City needed to achieve the benchmarks in the Economic Development Plan; the project anticipates building 233,700 square feet of retail and restaurant space; and • Implementation of the project will enhance the quality of life in the City of La Quinta by expanding employment opportunities associated with retail and restaurant businesses, and new construction. Costco will employ approximately 200 employees. Additional commercial businesses in the Komar Desert Center will employ an estimated 100 employees; and ■ Implementation of the Project would generate development that will maximize future tax revenues and Development Impact Fees for the City of La Quinta and School Impact Fees. This will help to finance the public infrastructure improvements included in the City's Capital Improvement Program. It is estimated that the Costco Warehouse store and fueling station will add approximately $400,000 in fees to the City's and School District to expand regional and local public facilities; and ■ Implementation of the Project will result in the elimination of certain negative aesthetic impacts associated with the currently vacant property, including but not limited to the development of landscaped setbacks and medians along that part of the Highway 11 1 that abuts the Project site; and • Implementation of the Project will be helpful in causing new area -wide public infrastructure improvements to be constructed, which will benefit both existing development and other future development, including but not limited to street improvements and public utility improvements. The project will bring water and sewer to the project site which can also serve adjacent development. The project will complete a portion of State Highway 111 improvements which includes street improvements, traffic signal enhancements, a bus pull-out and a bus shelter, pedestrian sidewalks and in addition, the project enhances the Highway 111 Image Corridor by providing a 50 foot Highway 111 landscape setback. The City Council has balanced the benefits of the Project against its unavoidable environmental risks, and hereby determines that the significant economic, environmental, and land -use benefits of the Project, as set forth above, outweigh and override those adverse environmental impacts identified in Section 4 of Exhibit A that are not mitigated to a level of insignificance. Therefore, the unmitigated impacts and the decision not to adopt the environmentally superior project alternative are acceptable. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A ± 26.53 ACRE COMMERCIAL DEVELOPMENT CASE NO.: SPECIFIC PLAN 2005-075 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did, on the 3`d day of January, 2006, hold a duly -noticed Public Hearing to consider Specific Plan 2005-075, which Specific Plan if adopted, establishes design guidelines and development standards for the property located south of Highway 1 1 1 and Depot Drive, and more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22ND day of November, 2005, hold a duly -noticed Public Hearing to consider Specific Plan 2005-075, and recommended approval of said Specific Plan which would establish design guidelines and development standards for the property located south of Highway 1 1 1 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-543 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005-058; and WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 12th day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, Final EIR staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of the Specific Plan: P:\Reports - CC\2006\1-3-06\Costco\CC SP Reso-DOC City Council Resolution No. 2005- Specific Plan 2005-075 - Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 1. That the proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP) which permits the uses proposed for the property. 2. That the Specific Plan is compatible with the existing and anticipated development in the area, in that the Project, as conditioned, provides adequate circulation. The proposed uses are compatible with zoning on adjacent properties in that the Project is adjacent to Regional Commercial Zoning Districts. 3. The Specific Plan is suitable and appropriate for the subject property in that the property is designated RC and CP and the proposed uses are consistent with the uses allowed in the these Zoning Districts. 4. That the proposed Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting uses will require Planning Commission review and approval of development plans under a Site Development Permit, which will ensure adequate Conditions of Approval. 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 Specific Plan 2005-075 for the reasons set forth in this Resolution and subject to the attached conditions. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California P:\Reports - CC\2006\1-3-06\Costco\CC SP Reso.DOC i City Council Resolution No. 2005- Specific Plan 2005-075 - Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 3 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\2006\1-3-06\Costco\CC SP Reso-DOC ` CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2005-075 COSTCO WHOLESALE AND KOMAR INVESTMENTS ADOPTED: JANUARY 3, 2006 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2 Phase I shall also include: 1) all off site street improvements to include widening of Highway 11 1 ; 2) construction of a bus shelter per City of La Quinta standards; and 3) complete interim intersection and signal improvements at the intersection of Highway 111 and Depot Drive as approved by the City Engineer. As a minimum, 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 and proper alignment of lanes on the north side of the Highway 111 /Depot Drive intersection. 3 A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 111 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this and the main circulation entry driveway terminus located approximately 600 feet from the Highway 111 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. 4. All mitigation measures contained in the Draft Environmental Impact Report 2005- 539 shall be complied with. 5. Prior to issuance of a grading permit, all project related final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies prior to final publication of Specific Plan document. Applicant shall provide five copies of the Final Specific Plan document to the Community Development Department. 6. All vacant parcels within the Specific Plan area shall be screened from view; have limited vehicular access, and be treated to prevent wind blown sand. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING USES FOR A FUELING FACILITY, TIRE INSTALLATION FACILITY AND A RETAIL USE OVER 50,000 SQUARE FEET IN A COMMERCIAL PARK ZONE CASE NO.: CONDITIONAL USE PERMIT 2005-092 APPLICANT: COSTCO WHOLESALE WHEREAS, the City Council of the City of La Quinta, California, did on the 3RD day of January, 2006 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ± 26.53 acres generally located south of Highway 1 1 1 and Depot Drive more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22nd day of November, 2005 hold a duly noticed Public Hearing, to review the proposed uses applied for in Conditional Use Permit 2005-092, and recommended approval of said Specific Plan including a fueling facility, tire installation facility, and a retail use over 50,000 square feet in a Commercial Park Zone, on ± 26.53 acres generally located south of Highway 1 1 1 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-543 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been reviewed and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005-058; WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 122h day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and WHEREAS, at said public hearing, the Project materials, FEIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Conditional Use Permit 2005- 09 2 . l�l City Council Resolution No. 2005- Conditional Use Permit 2005-092 - Costco Wholesale Adopted: January 3, 2006 The proposed uses for the commercial buildings are consistent with the City's General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP). The uses are consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The proposed uses are consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075 in that the Project is a permitted use and complies with the development standards and design guidelines. 3. The proposed uses contained in the Komar Desert Center Specific Plan 2005- 075 are consistent with, supplement, or replace the City=s Zoning Code. 4. That approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare, or injurious to, or compatible with the properties and land uses in the vicinity in that the public agencies have reviewed the proposed use for these issues with no significant concerns identified. 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 Conditional Use Permit 2005-092 for the reasons set forth in this Resolution and subject to the attached conditions. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California P:\Reports - CC\2006\1-3-06\Costco\CC CUP Reso-DOC City Council Resolution No. 2005- Conditional Use Permit 2005-092 - Costco Wholesale Adopted: January 3, 2006 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\2006\1-3-06\Costco\CC CUP Reso-DOC CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL - RECOMMENED CONDITIONAL USE PERMIT 2005-092 COSTCO WHOLESALE ADOPTED: JANUARY 3, 2006 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 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. All conditions of approval for Specific Plan 2005-075 and Site Development Permit 2005-833 are incorporated by reference. FIRE MARSHALL 3. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. SHERIFF DEPARTMENT 4. 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 Department should be directed to the Senior Deputy at (760) 863-8950. nTHFR 5. In order to minimize site operation noise intrusion and comply with the City of La Quinta Noise Ordinance the following shall be complied with: A. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the adjacent property. B. Trucks shall not pick up refuse before 7:00 a.m. r� 3 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENED CONDITIONAL USE PERMIT 2005-092 COSTCO WHOLESALE ADOPTED: JANUARY 3, 2006 C. Parking lot sweeping with vacuum trucks shall not occur after 10:00 p.m. or before 6:00 a.m. D. Refrigeration trucks shall not be parked in the drive aisle behind the store from 10:00 p.m. to 7:00 a.m. if their freezer units are running. 6. All mitigation measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. r) ''T 1 Y RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 26.53 ACRES INTO FOUR COMMERCIAL LOTS CASE NO.: TENTATIVE PARCEL MAP 33960 APPLICANT: COSTCO WHOLESALE AND KOMAR INVESTMENTS WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of January, 2006, hold a duly noticed Public Hearing to consider the request of Costco Wholesale, for the subdivision of ± 26.53 acres into four commercial lots, located south of Highway 111 and Depot Drive, more particularly described as: A.P.N.'S 649-030-086,649-030-087,649-030-007, AND 649-030-088; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22ND day of November, 2005, hold a duly noticed Public Hearing and recommended approval of Costco Wholesale's request for the subdivision of ±26.53 acres into four commercial lots, located south of Highway 1 1 1 and Depot Drive; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-543 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and to which the Planning Commission has adopted findings contained in Planning Commission Resolution No. 2005-058; and WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 121h day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, Final EIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 33960: w U P:\Reports - CC\2006\1-3-06\Costco\CC TPM Reso.DOC City Council Resolution No. 2005- Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 2 Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Regional Commercial and Commercial Park which allows retail, office and restaurant uses. The Land Use Element of the General Plan encourages commercial developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. All plans for buildings will be consistent with the Komar Specific Plan 2005-075 and the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Improvements on Highway 111 will be installed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Findings C through E - Compliance with the California Environmental Quality Act Planning Commission has recommended City Council certification of Draft Environmental Impact Report 2005-539. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on the recommended conditions which serve to implement mitigation measures for the project. P:\Reports - CC\2006\1-3-06\Costco\CC TPM Reso.DOC City Council Resolution No. 2005- Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 3 Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area is relatively flat and without physical constraints, and the Map design is consistent with other surrounding parcels. Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 1 3.24.100 of the Subdivision Ordinance. 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 Parcel Map 33960 for the reasons set forth in this Resolution and subject to the attached conditions. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California P:\Reports - CC\2006\1-3-06\Costco\CC TPM Reso.DOC City Council Resolution No. 2005- Tentative Parcel Map 33960 Costco Wholesale and Komar Investments Adopted: January 3, 2006 Page 4 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2006\1-3-06\Costco\CC TPM Reso.DOC CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 33960 COSTCO WHOLESALE AND KOMAR INVESTMENTS JANUARY 3, 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 Parcel Map. 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. All Conditions of Approval for Specific Plan 2005-075 and Conditional Use Permit 2005-833 apply to the parcels created by this Tentative Parcel Map. 3. 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: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley • Caltrans • U.S. Army Corp of Engineers (USACE) • California Department of Fish and Game (CDFG) • Colorado River Regional Water Quality Control Board (RWQCB) 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") acknowledgment of the applicant's Notice of Intent CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 ("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 to the Public Works Department a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at wwvv. cabmphandbooks. coil 1 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. u P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 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. The applicant shall acquire or confer easements and other property rights necessary for the permitting, 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, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 1 1 1 (Major Arterial — State Highway, 140' Right -of -Way) — The standard 70 feet from the centerline of Highway 1 1 1 for a total 140-foot ultimate developed right of way except for: a) An additional right of way dedication for a right turn only/deceleration lane on Highway 111 at the Highway 1 1 1 /Depot Drive of seventy eight (78') feet from the centerline and length as required by Caltrans, and b) An additional right of way dedication for a deceleration lane at the Secondary Entry driveway of seventy eight (78') feet from the centerline and length as; required by Caltrans. c) An additional right of way dedication for a bus turnout to the east of Depot Drive as required by the SunLine Transit Agency and as approved by Caltrans. e) P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the applicant shall include in the submittal packet submitted for off -site street improvement plan checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel Map are necessary, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 1 1 . The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Highway 111 (Major Arterial — State Highway) - 50-foot from the Right - of -Way -Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Highway 111 from parcels with frontage along Highway 111 is restricted, except for those access points identified on the Tentative Parcel Map site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall commit to provide reciprocal accesses to adjacent properties at a reasonably feasible location along the project's western and eastern boundary, to be determined by the Public Works Director if and when he or she determines that such reciprocal access promotes good area traffic circulation P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 and does not overly burden the Komar Desert Center site. When future development of the adjacent properties has been established, the City Engineer may determine that said reciprocal access or accesses are not warranted and shall issue a written notice canceling this requirement. 14. 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. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. 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. 17. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal 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 r P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 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. Traffic Signal Modification Plan 1 " = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through G to be submitted concurrently. Caltrans approval required for all work within Highway 1 1 1 right of way. H. Precise Grading Non -Residential Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum: Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading Non -Residential" 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. 18. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 Library at the City website (www.1a ({uinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 19. 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 20. Upon approval of Site Development Permit 2005-833, the applicant shall complete the parcel map process to establish the parcels. The following conditions (Condition 21 through 25) will be applicable to finalizing the final parcel map. 21. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a Subdivision Improvement Agreement, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a Subdivision Improvement Agreement prior to P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 22. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off -site improvements as itemized below: A. OFF -SITE STREETS 1) Highway 111 (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 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 111 /Depot Drive intersection. The south curb face shall be located sixty eight (68') 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 eight feet (68') 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 a-. P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 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 111 , a dual left turn for westbound Highway 111 to southbound Depot Drive, and any ancillary 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 may perform 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. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 23. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and 7(�� FM1P � 6.i P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 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. 24. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. 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 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. 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, F P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 (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 Grading Plan(s) 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. 29. 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. 30. 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 (1 8") behind the curb. 31. The applicant shall abandon any existing wells within the Tentative Parcel Map boundaries as approved by CVWD and the City Engineer. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. ►- f } P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINA(,F 35. Stormwater handling shall conform with the approved hydrology and drainage report for Komar Desert Center. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. Nuisance water shall be retained on site and shall be disposed of in a system approved by the City Engineer and CVWD. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 39. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 40. 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. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 42. 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 43. 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. 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 P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 1) Highway 111 (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 deceleration/right turn only lane on Highway 111 at the Highway 111 /Depot Drive intersection. The south curb face shall be located sixty six (66') south of the centerline and length as approved by Caltrans. a) 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. b) 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: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) 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 i P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 Highway 1 1 1, a dual left turn for westbound Highway 1 1 1 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. f) 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. g) 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 1 1 1 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 1 1 1 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 1 1 1 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 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 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 r P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 plans, may require additional street widths as may be determined by the City Engineer. 45. 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 and shall be increased based on a geotechnical report for the development: Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Major Arterial — State Highway Per Caltrans or the approved equivalents of alternate materials. 46. 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. 47. General access points and turning movements of traffic are limited to the following: A. Primary Entry on Highway 1 1 1 at Depot Drive: All turn movements are permitted at this existing signalized intersection. B. Secondary Entry Driveway: Right turn in and out movements are permitted. Left turn out and in movement is prohibited. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 49. 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, and parking areas shall be stamped and signed by qualified engineers. P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 PARKING LOTS and ACCESS POINTS 50. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. ADA accessibility routes between opposite Handicap Stalls shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. 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. 51. A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 111 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this location and at the terminus located approximately 600 feet from the Highway 111 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. CONSTRUCTION 52. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. LANDSCAPING 53. The applicant shall comply with Sections 1 3.24.1 30 (Landscaping Setbacks) & P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 58. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 59. 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. 60. 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. 61. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by F, P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc CITY COUNCIL RESOLUTION NO. 2006 CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE PARCEL MAP 33960 KOMAR INVESTMENTS JANUARY 3, 2006 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 62. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 63. 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 64. 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. 65. 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). ENVIRONMENTAL MITIGATION 66. All Environmental Mitigation Measures contained in the Draft Environmental Impact Report 2005-543 shall be complied with. P:\Reports - CC\2006\1-3-06\Costco\CC COA TPM 33960.doc RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A RETAIL STORE CONSISTING OF 149,739 SQUARE FEET AND A FOUR BAY FUELING STATION CASE NO.: SITE DEVELOPMENT PERMIT 2005-833 APPLICANT: COSTCO WHOLESALE WHEREAS, the City Council of the City of La Quinta, California, did on the, 3'd day of January, 2006 hold a duly noticed Public Hearing to review the application for Site Development Permit 2005-833, which includes building elevations, site and landscape plans for a 149,739 square foot retail store and a four bay fueling station on16.68 acres; generally located south of Highway 1 1 1 and Depot Drive, more particularly described as: PARCEL 1 OF TENTATIVE PARCEL MAP 33960 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the, 22ND day of November, 2005 hold a duly noticed Public Hearing to review the application for Site Development Permit 2005-833, which includes building elevations, site and landscape plans for a 149,739 square foot retail store and a four bay fueling station on16.68 acres; generally located south of Highway 1 1 1 and Depot Drive and unanimously recommended approval; and WHEREAS, the Architectural and Landscaping Review Committee (ALRC) of the City of La Quinta, California did on the 6" of July, 2005 hold a public meeting to review building elevations, site and landscape plans for a 149,739 square foot retail store and a four bay fueling station on 16.68 acres and unanimously recommended approval; and WHEREAS, the Community Development Department has prepared a Draft Environmental Impact Report 2005-543 (State Clearinghouse #2005081060) ("DEIR"), which DEIR has been review and considered by the Planning Commission, and as to which the Planning Commission has adopted findings contained in Planning Commission Resolution 2005-058; WHEREAS, the City Council has reviewed the Final EIR and adopted Resolution No. adopting the CEQA Findings and Statement of Facts, Statement of Overriding Considerations, and the Mitigation Monitoring Program; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on the 12th day of December, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Resolution 2005- Site Development Permit 2005-833 Costco Wholesale Adopted: January 3, 2006 Page 2 WHEREAS, at said public hearing, the Project materials, Final EIR, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Site Development Permit 2005-833: Consistency with the General Plan: The proposed commercial buildings are consistent with the City's General Plan in that the property is designated Regional Commercial (RC) and Commercial Park (CP). The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. Consistency with the Specific Plan: The proposed project is consistent with the goals and objectives of the Komar Desert Center Specific Plan 2005-075, in that the project design feature including building heights, complies with the development standards and design guidelines. 3. Consistency with the Zoning Code: The proposed project is consistent with the Regional Commercial (RC) and Commercial Park (CP) Zoning District, in that the project meets the development standards including, but not limited to, setbacks, architecture, building mass, exterior lighting, parking, circulation, open space and landscaping. The proposed building is consistent with the City's Zoning Code in that the development standards and criteria contained in the Komar Desert Center Specific Plan 2005-075 supplements, replaces, or are consistent with those in the City's Zoning Code. 4. Site Design: The site design of the proposed project including, but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with the quality of design prevalent in the City and compatible with development in the area. 5. Landscape Design: The landscaping for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of drought tolerant plants, trees and shrubs, provide an aesthetically pleasing and well functioning use of landscaping space. The landscape design of the proposed project, as conditioned by the ALRC, complements the building and the surrounding commercial area in that it P:\Reports - CC\2006\1-3-06\Costco\CC SDP Reso.DOC Resolution 2005- Site Development Permit 2005-833 Costco Wholesale Adopted: January 3, 2006 Page 3 enhances the aesthetic and visual quality of the area and uses a high quality of materials. 6. Architectural Design: The architectural design of the proposed buildings, including, but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and quality of design prevalent in the City. The architectural design of the project, as conditioned by the ALRC, is compatible with surrounding commercial buildings and development in the general vicinity in that it is similar in scale; the building materials provided are a durable, aesthetically pleasing, low maintenance, with a blend of surfaces and textures. 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 Site Development Permit 2005-833 for the reasons set forth in this Resolution and subject to the attached conditions. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California P:\Reports - CC\2006\1-3-06\Costco\CC SDP Reso.DOC Resolution 2005- Site Development Permit 2005-833 Costco Wholesale Adopted: January 3, 2006 Page 4 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\2006\1-3-06\Costco\CC SDP Reso.DOC CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 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. All Conditions of Approval for Specific Plan 2005-075 and Conditional Use Permit 2005-833 are incorporated by reference and apply to this Site Development Permit. 3. 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: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley • Caltrans • U.S. Army Corp of Engineers (USACE) • California Department of Fish and Game (CDFG) • Colorado River Regional Water Quality Control Board (RWQCB) 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") 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 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 to the Public Works Department a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabinl)handbooks.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. 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). P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 PROPERTY RIGHTS 6. The applicant shall acquire or confer easements and other property rights necessary for the permitting, 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, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial — State Highway, 140' Right -of -Way) — The standard 70 feet from the centerline of Highway 111 for a total 140-foot ultimate developed right of way except for: A) An additional right of way dedication for a right turn only/deceleration lane on Highway 111 at the Highway 111 /Depot Drive of seventy eight (78') feet from the centerline and length as required by Caltrans, and B) An additional right of way dedication for a deceleration lane at the Secondary Entry driveway of seventy eight (78') feet from the centerline and length as required by Caltrans. C) An additional right of way dedication for a bus turnout to the east of Depot Drive as required by the SunLine Transit Agency and as approved by Caltrans. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet submitted for off -site street improvement plan 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 ai�z� P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 the right of way dedication required of the project and the associated landscape setback requirement. 10. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 1. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 111 (Major Arterial — State Highway) - 50-foot from the Right -of - Way - Property Line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 12. Direct vehicular access to Highway 1 1 1 from parcels with frontage along Highway 1 1 1 is restricted, except for those access points identified on the Site Development Permit site plan, or as otherwise stated in these conditions of approval. 13. The applicant shall commit to provide reciprocal accesses to adjacent properties at a reasonably feasible location along the project's western and eastern boundary, to be determined by the Public Works Director if and when he or she determines that such reciprocal access promotes good area traffic circulation and does not overly burden the Komar Desert Center site. When future development of the adjacent properties has been established, the City Engineer may determine that said reciprocal access or accesses are not warranted and shall issue a written notice canceling this requirement. 14. 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. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit and the date of recording of any Final Map, unless such easement is approved the City Engineer. P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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. 16. 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. 17. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan I" = 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. Traffic Signal Modification Plan 1 " = 20' Horizontal G. Off -Site Median Landscaping Plans 1 " = 40' Horizontal NOTE: D through G to be submitted concurrently. Caltrans approval required for all work within Highway 1 1 1 right of way. H. Precise Grading Non -Residential Plan 1 " = 30' Horizontal P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading Non -Residential" 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. 18. 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.orcU). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 19. 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. P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc .y CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 20. Upon approval of this Site Development Permit, the applicant shall complete the parcel map process to establish the parcels. The following conditions (Condition 21 through 25) will be applicable to finalizing the final parcel map. 21. 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. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a Subdivision Improvement Agreement, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a Subdivision Improvement Agreement prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 22. Depending on the timing of the development of the Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to construct all off - site improvements as itemized below: 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 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 P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 eight (68') 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 eight feet (68') 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 1 1 1 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 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. 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) An 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 1 1 1 P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 1 1 1 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant may perform interim intersection and signal improvements at the Highway 1 1 1 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 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. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 23. 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. 24. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 25. 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,,., 4 P:\Reports - CC\2006\ 1 -3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. The applicant shall comply with all the mitigation measures identified the the EIR for the pre - grading and on -site monitoring requirements. 28. To obtain a grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Grading Plan(s) 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. 29. 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. 30. 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.-, P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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. 31. The applicant shall abandon any existing wells within the Site Development Permit boundaries as approved by CVWD and the City Engineer. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the site development permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 34. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 35. Stormwater handling shall conform with the approved hydrology and drainage report for Komar Desert Center. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. Nuisance water shall be retained on site and shall be disposed of in a system approved by the City Engineer and CVWD. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting there from those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 39. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 40. 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. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 42. 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 43. 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. 44. The applicant shall construct the following street improvements to conform with the City of La Quinta General Plan (street type noted in parentheses.) m P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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. 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 1 1 1 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 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 street improvements conditioned herewith and as approved by Caltrans. P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc 1 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 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 1 1 1 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 1 1 1 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 1 1 1 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 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 site development permit 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 Highway1 1 1 /Depot Drive intersection including signing and striping and signal modification required for the ultimate street improvement configuration but exluding 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. 45. 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 and shall be increased based on a geotechnical report for the development: Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Major Arterial — State Highway Per Caltrans P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 or the approved equivalents of alternate materials. 46. 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. 47. General access points and turning movements of traffic are limited to the following: A. Primary Entry on Highway 111 at Depot Drive: All turn movements are permitted at this existing signalized intersection. B. Secondary Entry Driveway: Right turn in and out movements are permitted. Left turn out and in movement is prohibited. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 49. 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, and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 50. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. 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. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 51. A 6-foot wide landscaped median shall be constructed in the main circulation entry driveway from Highway 111 to the Costco Fueling Station drive aisle located approximately 400 feet from the Highway 1 1 1 centerline. Stop conditions from drive aisles accessing the main circulation entry driveway shall be implemented at this location and at the terminus located approximately 600 feet from the Highway 1 1 1 centerline. A three way stop may be implemented at the latter intersection if required by the City Engineer. CONSTRUCTION 52. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 58. The applicant shall employ construction quality -assurance measures that meetY-wit P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 the approval of the City Engineer. 59. 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. 60. 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. 61. 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 62. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 63. 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 64. 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. 65. 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). SHERIFF DEPARTMENT 66. 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 P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. FIRE MARSHALL 67. Final conditions will be addressed when building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE 68. Planting areas within the parking lot shall be redesigned to allow breaks in the plant hedges for pedestrians. These breaks shall be made on the east and west side of the bulding parking area/elevation as well. 69. A revised landscape plan shall be prepared identifying trees in and around the building shall be in scale with the building and shall be a minimum of a 36 inch box with a 2 inch caliper. Larger trees may be required to break the the scale of the building. COMMUNITY DEVELOPMENT 70. Applicant is prohibited from placing temporary seasonal storage containers on the site. 71. All mechanical equipment shall be screened from public view; trash and recycling containers and equipment shall be fully screened from public view with a block wall. A 10-foot-high masonry wall shall be constructed along the western perimeter of the drive aisle separating the truck drive aisle from the off -site property. Final design shall approved by the Community Development Director. 72. All trees shall be installed with a minimum of a 24 inch box size with a minimum two inch caliper; and medium shrubs shall be installed with a minimum five gallon size. 73. There shall be a five foot setback between sidewalks and any "spiky plants" as listed on the landscape plan. 74. Landscaped planters shall be installed on both sides of all shopping cart corrals. Final design shall be subject to the Community Development Department Director review and approval. P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2005-833 COSTCO WHOLESALE JANUARY 3, 2006 75. All Environmental Mitigation Measures contained in the Draft Environmental Impact Report 2005-539 shall be complied with. 76. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 77. 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. If commercial development is approved on adjacent property to the west of the building, the Community Development Director shall allow parking lot lighting to no more than 35 feet in height. 78. 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. 79. The site plan for the Costco Wholesale store and Fueling facility Site Development Permit application submittal indicate specific building footprints and square footages (identified as buildings A — J) for the second phase of site development; this information is not a part this Site Development Permit approval. 80. Applicant shall provide an easement for the potential placement of public art and or a landscape feature as identified in Condition No. 82. 81. Exterior storage shall not be allowed without adequate block wall screening; the design of the wall shall be compatible with the design of the building. The Community Development Director shall approve the design of all screen walls. 82. Prior to installation, the Landscape Plan shall be reviewed by the Planning Commission as a business item. Canopy trees shall be identified and provided in the parking field and consider additional landscaping for the fueling station site. P:\Reports - CC\2006\1-3-06\Costco\CC COA SDP 2005-833.doc ATTACHMENT #1 CASE Na tncHWAY -111 PROJECT LOCATION 0" w Y f mapW�1 O W� Yr� Nr� ' .soft Ira G. s JOO M M am �� p �ws - VICINITY MAP COSTCO/KOMAR SCALE: ATTACHMENT # 2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 22, 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 Quill to lead the flag salute. B. Present: Commissioners Richard Daniels, Kay Ladner, Paul Quill and Chairman Kirk. It was movedand 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 A;fdrew Mogensen, Planning Consultant Nicole Criste, and Executive Secr.atary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairran Kirk asked if there were any changes to the Minutes of the November 8, 2005 regular meeting. There being no changes to the mutes, it was moved and seconded by Commissioners Daniels/Quill to 71 prove 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. 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. R 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 111 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 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 11 1, including the signal and all turn pockets be 100% complete prior to a Certificate of Occupancy being issued. j 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 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.doc 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 11 Highway 111 (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 111 /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 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 T `3 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 11 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 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 permits)". 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 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 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 G:\WPDOCS\PC Minutes\11-2-2-05.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.doc Planning Commission Minutes November 22, 2005 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. Chairmen Kirk recessed the meeting at 9:17 p.m. and reconvened the meeting "pt 9:26 p.m. B. EnviroAsingle `Yssessment 2005-545 and Tentative Tract Ma 33717; a requesant, Inc. for consideration of the subdivision of 4.6 acres into 1mity lots and other parcels for the property located on the south side df Avenue 58, west of Monroe Street. 1 . Chairman K�k 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 Comr-�unity 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 pubic 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 wee 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-apre 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 Sper stated that if we are going to allow private streets, it is very fficult 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, ecommending certification of a Mitigated Negative Declaration of vironmental e 1 G:\WPDOCS\PC Minutes\11-22-05.doc ATTACHMENT #9 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 23, 2005 TO: Mr. Steve Copenhaver, Community Development Director City of Indio Planning and Local Assistance 100 Civic Center Mall Indio, CA 92201 FROM: City of La Quinta Community Development Department PO Box 1504 78-495 Calle Tampico La Quinta, CA 92530 Contact: Les Johnson, Planning Manager (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 SUBJECT: RESPONSE TO LATE RECEIVED COMMENT LETTER FOR THE KOMAR DESERT CENTER DRAFT ENVIRONMENTAL IMPACT REPORT SCH NO. 2005081060 The City of La Quinta, as the Lead Agency, has prepared an Environmental Impact Report (EIR) for the above -referenced project. The La Quinta City Council will consider certifying the Final EIR and approving the project at the conclusion of a public hearing scheduled for 7:00 p.m. on January 3, 2006. The City of La Quinta welcomes and appreciates all comments received on the Draft EIR. In accordance with Section 21092.5 of the California Environmental Quality Act, the City has prepared and included within the Final EIR a written response to each public agency and interested party that commented on the Draft EIR and submitted correspondence within the Public Review Comment Period ending December 9, 2005. The City of Indio letter was not submitted within the Comment Period. It was hand delivered on December 12, 2005, at 4:28 p.m. As a result, the City has not included the City's letter or a response thereto in the Final EIR. However, as a courtesy, please find enclosed a copy of your letter along with the City's responses to the late comments. The City of La Quinta looks forward to working with Indio on ways to improve this project and other projects of joint interest. If you have any questions or concerns about these responses or any other aspect of the project, please feel free to contact Fred Baker, Principal Planner, or Les Johnson, Planning Manager at (760) 777-7125. Sincerely, Douglas R. Evans Community Development Director Enclosure c: Les Johnson, Planning Manager Fred Baker, Principal Planner CITY OF UNUIO 100 760.342 6 OOIC FAXN TER .34�.W�L WWW.IC�0�8 CITY OF L�e�UI?ZA6, 2005 CITY CLERK'S OFFICE Mr. Fred Baker, Principal Planner Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: City of Indio Comments on the Komar Desert Center Draft EIR Dear Mr. Baker: The City of Indio appreciates the opportunity to provide comments on the October 25, 2005 Draft Environmental Impact Report (Draft EIR) prepared by HDR for the proposed Komar Desert Center Project on Highway I I I just west of Jefferson Street in the City of La Quinta. We have also reviewed and are providing comments on the. October 2005 Transportation Impact Analysis (Traffic Study) prepared by Kittelson & Associates, Appendix J to the Draft EIR. Inadequate Project Description When a project is part of a larger project, the EIR project description and impact analysis must address the larger project. A lead agency may not segment a project into pieces thereby avoiding an analysis that may lead to findings of greater impacts than may occur with the segment of project the lead agency is evaluating (CEQA Guidelines Section 15165). An EIR must describe and analyze "reasonably foreseeable future phases" of a project if the larger project is inevitable rather than remote or speculative. in this ease, the :larger project is the whole of the Komar Investments project, not just that portion. located within the City of La Quinta. Komar Investments has prepared a site plan; for additional property located adjacent to the project site being evaluated in the Draft EIR that is a logical extension of that project. In addition, Komar Investments is actively advertising to lease commercial space in that portion of the project located within the City of Indio. The property is posted with a sign stating such, there is a trailer on -site, and potential leasees have visited the Indio Community Development Department requesting. information about the status of the Komar Investments project. For all of the aforementioned reasons, we believe that,the project description set forth in the Draft EIR . is inadequate because it does not describe the whole of the project which is actually a commercial site of approximately 34 acres in the cities of La Quinta and Indio. r'b Because the project description does not include the whole of the project that is reasonably foreseeable, the analysis of environmental issues is not adequate. Once the project description has been revised to identify the whole project and all of its phases, an analysis of environmental impacts must be completed and the Draft EIR re -circulated for public review (CEQA Guidelines Section 15088.5). Once the whole of the project is identified in the Project Description, the City of Indio will determine what entitlements are required for the portion of the project within the its jurisdiction and provide input to the City of La Quinta and its consultant, on the potential environmental impacts that could occur within the City of Indio. We will also provide a list of recently approved or reasonably foreseeable projects within an established radius from the project site to be used to evaluate cumulative impacts (see below). The City of Indio would then use the EIR prepared for the whole of the project to support its consideration of entitlements for the project within its jurisdiction. Inadequate Cumulative Project Analysis The Draft EIR includes a short discussion on Cumulative Projects and list a total of four projects that, together with the proposed project, were evaluated for potentially significant cumulative impacts. The list appears to be made up of reasonably foreseeable projects within a one -mile radius of the project site solely within the City of La Quinta. There are no projects within the City of Indio listed in Table 3.5.1, nor presented on Figure 3-4 even though the project site is adjacent to the City of Indio. The City of Indio has a number of proposed or recently approved projects that may be located within the one -mile radius that should be included in the Cumulative Projects list and therefore, the. list is incomplete. The project's incremental effects may still be individually limited even when evaluating the whole of the project, but cumulatively considerable when evaluated in conjunction with the revised Cumulative Projects list that includes recently approved or reasonably foreseeable projects within a reasonable radius of the project site in the City of Indio. In addition, because the major tenant of the project is a Costco, and because such a tenant routinely draws shoppers from the region and not just locally, the radius used to establish the cumulative projects list should be expanded to better represent potential. cumulative impacts. The existing Costco store in Palm Desert currently draws shoppers from throughout the Coachella Valley. Of particular concern to the City of Indio is the potential impact to our roads and existing circulation system. Our review of the Draft EIR and the Traffic Study disclosed the e.l 1) Traffic Analysis Is Inconsistent with "Phased" Project Description — Page 2-18 of the Draft EIR states "Development of the Proposed Project is anticipated to occur over approximately two years. Build out is projected for approximately early to mid 2007 and will occur in two distinct phases. Construction of Phase I (the Costco Wholesale - parcel) ... should be completed by August 2006. Phase Il (the Komar parcels)... should be completed by April 2007". Chapter 4.10 of the Draft EIR; Transportation and Traffic, analyzes "Opening Year" conditions for the entire project in 2006, and adds "...an annual growth rate of two and a.half percent...to account for near term regional growth in the area and:to develop the 2006 background traffic volumes". Existing traffic counts made in 2005. were factored by the assumed annual growth rate -. out to 2006 but the entire project will not be constructed and occupied until 2007. The Draft EIR and Traffic study incorrectly analyzed both phases of the project as a single: phase to be completed in 2006. The traffic analysis in the Traffic Study and.theDraft. EIR do not reflect the proper baseline traffic volumes at Opening Year for' the entire: project in 2007. 2) Opening Year Traffic. Volumes Do Not Include All Approved Developments -Page: 4.10-12 of the Draft EIR lists four approved projects in the City of La'Quinta that, have been approved .and are anticipated to be completed and occupied in ' 2006. Projected traffic volumes from each of these four projects wereadded to the existing - traffic counts made' in 2005. that .were factored by two and one half percent for regional growth to incorrectly establish "Opening Year" baseline conditions. 6 According to the Project Description in Chapter 2 of the Draft EIR as pointed out 7 above, the phased project will not be completed until 2007. Factoring the existing. traffic volumes by only two . and..one half percent for only one year does not accurately represent regional growth in:.traffic volumes over.two years out to 2007. No .traffic volumes fi•om^major development projects approved by the; City. of La Quinta that will be occupied betweo-n 2006 and 2007, or from approved developments in the City of Indio, were considered in the traffic analysis. These omissions and the addition of only one year of regional growth understate "Opening Year baseline conditions in 2007. 3) Project Trip Reductions Are Not Technically Supported —Table 4.10-2 on Page 4.10- 9 of the Draft EIR forecasts trips during the typical weekday PM peak, hour for the, proposed project. The table includes a reduction of 64 percent for trips from the Costco portion of the proposed: project, with Footnote 1 to this table stating "The percentage of pass by and diverted trips is based upon independent surveys and traffic counts at ten similar size Costco Wholesale stores within the United States". The 8 Traffic Study fails to include any documentation of this analysis for the other ten, Costco Wholesale stores so the reduction for pass by and diverted trips can be reviewed. As a result, the public and decision makers cannot verify if conditions at these other Costco Wholesale stores are similar or applicable in any way to those that will be experienced at the proposed project. The same significant reduction for pass by and diverted trips was also used in the brief analysis of traffic conditions in the Draft EIR for Saturdays. From personal experience, very few Costco shoppers on weekends appear to be pass by or diverted 9 trips that pick up only a very few items. To the contrary, the vast majority.of weekend shoppers at Costco make major purchases of -many items on long shopping lists, clearly a planned trip rather than a- spur. of the moment diversion while passing by to pick up only a few items. If the project trip reductions for weekdays and/or weekends are too high, then the new project traffic has been significantly underestimated and potentially significant traffic impacts have been omitted,from the Draft EIR. 4) Additional Intersections in Indio Require Evaluation —Figure 4.10-3 on Page 4.10-10 of the Draft EIR assigns. 25 percent ,of project trips on Highway I I I to and from the City of Indio. In contrast, trip assignments. on roadways in the City of La Quinta have been defined down .to 5, 10, or 15 percent of the project trips. The analysis of conditions with project traffic at only Highway I I I and Madison Street, with all project trips assigned to. Highway ;l 1.1, does not ,properly evaluate traffic impacts at this intersection or at any other.intersections in the City of Indio. 5) Intersection Levels of:. Service Are.:Incorrect — Table 4.10-1. on Page 4.1,0-7 of. the Draft EIR summarizes the Level of Service (LOS) in the PM peak hour at each of the study intersections, together with the critical v/c (volume to capacity) ratio. In this table as well as all subsequent tables in the Draft EIR and throughout the Traffic Study, the LOS letter. "grade." provided relates to the intersection delay on the calculation sheets included in the Appendix to the Traffic Study, not to the volume to capacity ratio. Since significant project traffic impacts are determined based upon the change volume to capacity ratio as outlined on Page 4.10-8 of the Draft EIR, the LOS letter "grade" values must also be related to the volume to capacity ratio, not to average intersection delay. The Level of Service letter "grades" in the tables throughout the Draft EIR and the Traffic Study must be related to the volume to capacity ratios for the following ranges: .Level of Volume to Service Capacity Ranges A Less than 0.60 B 0..61 to 0.70 C 0.71 t6.0.80 D 0.81.to 0:90 E 0.91 to 1.00 F Greater than 1.00 Incorrectly mixing the two measures has led to the failure of the Draft EIR to disclose significant traffic impacts at many intersections as outlined below. 10 11 12 J Incorrectly mixing the two measures has led to the failure of the Draft EIR to disclose significant traffic impacts at many intersections as outlined below. 6) Significant Impacts Have Not Been Properly Identified for Opening Year - By' correcting the LOS letter "grades" to those applicable to the volume to capacity ratio and applying the definitions of Thresholds of Significance shown on Page 4.10-8 of; the Draft EIR, the following intersections are significantly impacted in Table 4.10-3 on Page 4.10-14 for Opening Year Conditions: Corrected LOS Corrected LOS Increment Significant Intersection Without Proiect With Project Increase Impact? Washington/111 E E 0.056 YES 111/Adams E E 0.049 YES I I I/La Quinta E E 0.048 YES 111/Depot B E B to E YES The four intersections identified above, in addition to those already reported in the. Draft EIR, are significantly impacted in the Opening Year. Measures must be developed to mitigate project traffic impacts at each of these intersections in the Opening Year. These mitigation measures must be added to the Draft EIR and must . be regtured to be implemented as part of the entitlement process for the Komar Desert. Center Project. 7) Significant Saturday Impacts Have Not Been Fully. Identified — Page 4.10-17 summarizes a sensitivity analysis for expected traffic conditions on Saturdays for the Opening Year, with capacity calculations included in the Traffic Study Appendix. By correcting the LOS letter "grades" to those applicable to the volume to capacity ratio and applying the definitions of Thresholds of Significance shown on Page 4.10-8 of the Draft EIR, both intersections in the Sensitivity Analysis are significantly impacted on Saturdays for Opening Year conditions as follows: Corrected LOS Corrected LOS Increment Significant Intersection Without Project With Proiect Increase Impact? Washington/l 11 D E D to E YES I I I/Jefferson C E C to E YES Only Washington Street at Highway I I I and Jefferson Street at Highway 111 were included in the Sensitivity Analysis for Saturdays. As indicated above, both these intersections are significantly impacted by project traffic on Saturdays.. The conclusion on Page 4.10-17 of the Draft EIR "...that traffic impacts in opening year (2006) with project and Highway I I I improvements would be less than significant on Saturdays" cannot be sustained without further evaluation of all other intersections in the vicinity of the project. 13 14 6 8) Significant Impacts Have Not Been Properly Identified at Build Out (2020) — By correcting the LOS letter "grades" to those applicable to the volume to capacity ratio and applying the definitions of Thresholds of Significance shown on Page 4.10-8 of the Draft EIR, the following intersections are significantly impacted in Table 4.10-4 on Page 4.10-21 at Build Out (2020): Corrected LOS Corrected LOS Increment Significant Intersection Without Project With Protect Increase Impact? 15 Washington/MilesE E 0.028 YES 111/Simon D E D to E YES I I I/Adams D E D to E YES I I l/Depot B E B to E YES The four intersections identified above, in addition to those already reported in the Draft EIR, are significantly impacted at Build Out (2020). Measures must be developed to mitigate project traffic impacts at each of these intersections at Build. Out (2020). These mitigation measures must be added to the Draft EIR and required to be implemented as part of the entitlement process for the Komar Desert Center Project. 9) Significant Impacts May Occur at 111/Madison and Jefferson/Avenue 48 — In describing build out conditions, Page 4.10-23 of the Draft EIR states "Eventhough the Jefferson Street at Avenue 48 and Highway 111 at Madison Street intersections do not meet acceptable LOS thresholds, it is less than significant because the Proposed Project does not cause an increase in 0.02 in v/c ratio." Table 4.10-4 on - Page 4.10-21 of the Draft EIR reports an increase in the volume to capacity .ratio of 0.012 at Jefferson Street and Avenue 48 and an increase in the volume to capacity 16 ratio of 0.17 at Highway 111 and Madison Street. Addressing the prior comments in this report will yield higher baseline traffic volumes and higher project trip generation. Decreasing the assumed reductions for pass by and diverted trips as well as further study of Saturday traffic will likely result in significant project traffic impacts at Jefferson Street and Avenue 48, Highway 111 and Madison Street, and other intersections. The resulting significant project traffic impacts at these and other intersections require implementation of mitigation measures funded by the Komar Desert Center Project. 10)Inconsistent Mitigation Identified at 111/Jefferson at Opening Year — Footnote 3 to 17 Table 4.10-3 on Page 4.10-14 of the Draft EIR states "The planned improvements In describing the City of La Quinta planned roadway improvements for Highway 11 i and Jefferson Street, Page 4.10-17 states "Highway III will be widened to six through lanes from Jefferson Street to Adams Street ... It will also include dual 3.00 foot left turn lanes on eastbound Highway I I I at Jefferson Street .... In addition, the improvements will include separate right turn lanes on Highway 111 at...Jefferson Street. No improvements are proposed to eastbound Highway 111 at :Jefferson Street." 17 Capacity calculations in the Traffic Study Appendix for Opening Year conditions on (Continued) Highway I I I at Jefferson Street are based upon dual left turn lanes, three through . lanes, and a separate right turn lane for northbound, southbound, and eastbound - traffic. Westbound traffic lanes at this intersection include a single left turn lane, an exclusive westbound through lane, and a westbound shared through/right tum lane. The two improvement scenarios for Highway I I 1 at Jefferson Street described in the Draft EIR are different from each other, and. the capacity calculations in the Traffic, Study Appendix are based upon a geometric configuration that does not match either of the improvements described in the text. These inconsistencies must be reconciled: 11) Questionable Mitigation Identified at I I 1/Jefferson at Build Out (2020) — Table 4.1.0- 5 on Page 4.10-28 of the Draft EIR recommends two mitigation measures at Highway 111 and Jefferson Street at build out in 2020 including allowing an eastbound right turn overlap green arrow traffic signal phase and the addition of a separate westbound right turn lane. 18 Installation of an eastbound right turn overlap green arrow would require the prohibition of northbound to southbound U-turns.at this intersection, a measure that could adversely impact the gas station on the southwest corner as well as other future developments on the west side of Jefferson Street just south of Highway :111. The impacts of the necessary U-turn prohibition to accommodate the eastbound right turn green arrow overlap must be considered, and alternate access to replace the U-turn movement must be developed as part of this proposed mitigation. Review of the capacity calculations in the Traffic Study Appendix. indicates the westbound right turn is not a critical movement in the operation of this intersectionat build out. As a result, adding a westbound right turn lane which involves the costly widening of the existing bridge, will not improve the operation of the intersection during the PM peak hour. From review of the capacity calculations, it .would be beneficial instead to add a second westbound left turn lane as this is a critical movement in the calculations. As discussed above, the Draft EIR must develop appropriate mitigation measures for Highway 1 I 1 at Jefferson Street at build out. Furthermore, the City of La Quinta must 19 require the Komar Desert Center to financially participate in the cost of these and other necessary project mitigation measures in the City of Indio. Only the City of La. Quinta can require this financial participation as the City of Indio has no jurisdiction 19 (Continued) or authority to establish such requirements outside its boundaries as was suggested on Page 4.10-28 of the Draft EIR. 12) Highway 111 East of Jefferson Street Is Significantly Impacted — While the Draft EIR does not discuss mid -block segment traffic impacts, there is a brief analysis in Appendix I to the Traffic Study. Table I2 indicates the Komar Desert Center Project will add 1,928 daily trips to Highway 111 from Jefferson Street to Madison Street, the difference between 37,296 trips with the project and 35,328 trips without the project. The Footnote to this table states "The scenario with Costco/Komar includes 15,970 additional trips based on Costco/Komar daily trip generation." The value shown for daily trips on Highway I 1 l east of Jefferson Street in Table 12 is 20 erroneous. Figure 4.10-3 on Page 4.10-10 of the Draft EIR assigns 25 percent of the project trips to Highway 111 east of Jefferson Street. With the project forecast to generate 15,970 daily trips, 3;993 daily trips will use Highway I I I east of Jefferson Street. When 3,993 daily trips are added to the 35,328 daily trips in the 2006 baseline daily trips on this segment before the project, a total of 39,321 daily trips results. This corrected total of daily trips exceeds the daily capacity of 38,000 trips for a four lane roadway, indicating a significant traffic impact on the mid -block roadway segment of Highway I II from Jefferson Street to Madison Street. The Komar Desert Center. Project must mitigate this significant traffic impact. The City of La Quinta must require the Komar Desert Center to financially participate in the cost of widening Highway I I I from four lanes to six lanes and other necessary project mitigation measures in the City of Indio. Only the City of La Quinta can . 21 require this financial participation as the City of Indio has no jurisdiction or authority to establish such requirements outside its boundaries as was suggested on Page 4.10- 28 of the Draft EIR. The City of Indio looks forward to working with the City of La. Quinta to resolve the various issues raised in this comment letter. Sincerely, Steve Copenhaver Community Development Director cc: Glenn Southard, City Manager Jim Smith, Director of Public Works Grant Eklund, City Engineer Response to Late Comment Letter City of Indio December 12, 2005 Response 1 The City of La Quinta received the City of Indio's hand delivered letter in response to the Komar Desert Center DEIR and Transportation Impact Analysis on December 12, 2005, at 4:28 PM. Since it was delivered three days after the close of the Comment Period (December 9, 2005) the City has not included Indio's letter or the City's response in the Final EIR. It was necessary to send the Final EIR to the printer on December 21, 2005. However, even though the City is not legally required to respond to the late comments, as a courtesy, the City is providing the following written responses to the City of Indio's comments. Response 2 The City of Indio has asserted that the ultimate development of 21-acre parcel owned by Komar Investments ("Komar") within the City of Indio (the "Indio Property"), which is adjacent to the La Quinta Komar Desert Center/Costco project, should be considered part of the project. As an initial matter, we note that the City of La Quinta provided the City of Indio (and all other interested agencies and person) with the project description when the Notice of Preparation (NOP) was circulated. While the City of Indio provided extensive comments and suggestions on the scope of the analysis, the City of Indio at no time suggested that the development of the Indio Property should be considered as part of the project. Nor did the City of Indio request or recommend that the two cities jointly prepare a single EIR to cover all future development in the general vicinity. More fundamentally, the City of La Quinta has investigated Indio's comments and has reconfirmed the City's conclusion that the Indio Property cannot properly be considered part of this project for, among others, the following reasons: ■ The Indio Property consists of approximately 21 acres of undeveloped land, approximately 7 acres of which is located northwest of the La Quinta Evacuation Channel that bisects the property, and approximately 14 acres that are located to the southeast of the Channel. Indio's suggestion that the ultimate development of the 21 acres should be treated as a single project with the Costco/Komar site ignores the existence of the La Quinta Evacuation Channel. Connecting the Costco/Komar site to the easterly 14 acres of the Indio Property would require one or more crossings of the La Quinta Evacuation Channel. Bridge construction is extremely expensive. In connection with determining the feasibility of an access road from the Costco/Komar Center to Jefferson Street, engineering estimates were prepared for the costs of one bridge structure. Based upon current estimates, the costs of connecting the east and west sides of the Indio Property with a 120 foot long bridge is approximately $2.16 million. Numerous studies and governmental approvals would be needed for such a project. These could include: hydrology studies, habitat impact studies, CVWD permits, Bureau of Reclamation permits, Regional Water Quality Control Board permits, a Corps of Engineer permit (i.e., 404 permit), and a Department of Fish & Game Permit (Section 1602). As a result, the City has determined that a connection to Jefferson Street across the Evacuation Channel is unlikely to occur. Therefore, the City of La Quinta has assumed that none of the traffic from Costco/Komar site will exit the property via the Indio Property. The layout of the Costco/Komar project is such that it is a stand alone project. It is not dependent upon the ultimate development of the Indio Property. ■ Moreover, the Indio Property consists of separate legal parcels from the parcels encompassing the Costco/Komar Site. As such, the parcels within the Indio Property are subject to being bought, sold, and developed wholly independent of the Costco/Komar site. While the Costco/Komar site is located within the City of La Quinta, the Indio Property is located within the City of Indio, and if and when it is development, the City of Indio will serve as the Lead Agency for environmental review. Given the fact that the City of Indio is the agency which will control all land use decisions within it borders, the City of La Quinta is not in a position to predict what the City of Indio will or will not approve on the Indio Property or when it will take any action with regard to the Indio Property. Beyond the issue of jurisdiction, the City of La Quinta is not aware of any defined plans for the Indio Property at this time. Komar has informed the City of La Quinta that it does not have any particular plans for the Indio Property. Komar has informed the City that it has owned the Indio Property for approximately 10 years. Komar representatives have further informed the City of La Quinta that they have had informal discussions with City of Indio representatives at various points in time as to the potential for development of the Indio Property with hotel, commercial and/or residential uses, consistent with applicable zoning. However, according to Komar, no application has been submitted to the City of Indio for approval of any proposed useor site plan, and no application for development of any kind has been submitted to the City of Indio. In connection with an inquiry arising from the City of Indio's comment, Komar has informed the City of La Quinta that a conceptual plan has been created by Komar to assist with planning discussions with the City of Indio and to aid in marketing efforts. Komar has stated that these plans do not demonstrate proposed uses of the Indio Property. Komar has indicated that it continues to review different analyses to evaluate the potential uses for the Indio Property. However, to this point, the nature, scope and timing of any development of the Indio Property is entirely speculative. Komar has represented to the City of La Quinta that it is not under any contract to sell, lease or develop any portion of the Indio Property. It has further stated that there are no letters of intent in existence as to the Indio Property. Its only existing contract is the contract it has for the sale of land within the City of La Quinta to Costco as a part of the Komar Desert Center in La Quinta. According to Komar and Costco, Costco will not be acquiring the right to acquire, develop or expand in the future into any portion of the Indio Property. Komar has indicated that it does not anticipate the Indio Property being developed within 2006. Regarding its signage comment, Komar has informed the City of La Quinta that due to the nature of Komar's business as a real estate developer, it is Komar's policy to place for sale/lease and information available signs on all of its properties, including the Indio Property and Komar's La Quinta property, at all times during its ownership of these properties. According to Komar, the signage does not indicate specific plans for the property site. As an example, Komar has maintained signage on Indio Property since Komar purchased the property in 1997. Since Komar remains in the marketing phase of the Indio Property, it would be speculative at this point, and was certainly speculative at the point the (NOP) was prepared on August 5, 2005, to include the ultimate development of the Indio Property as part of this project. While the Indio Property was not included within the project, the impacts of the ultimate development of the Indio Property have been taken into account in the EIR. The EIR assumed that the Indio Property would ultimately be developed as mixed use commercial. Since it is highly unlikely that the Indio Property will be developed and fully operational by 2006, it would not have been reasonable to assign trips to the vacant property for the opening year (2006) analysis. As required by CEQA, the Draft EIR analyzed the Indio Property to the highest level of specificity possible. Sections 2.0 Project Description, 3.0 General Environmental setting, 4.7 Land Use and Planning, and 4.11 Visual Resources describe the Indio Property as having the General Plan designation of Mixed Use Specific Plan 300 (MUSP 300). Buildout of the property site in accordance with this General Plan designation was considered in the Cumulative traffic analysis for Future Buildout 2020. Thus, the analysis is based upon the level of specificity at the time of the analysis. Section 15146 of the CEQA Guidelines states that "an EIR need not engage in a speculative analysis of environmental consequences for future and unspecified development." Response 3: Response 2 addresses the City of Indio's concern regarding the inadequacy of the project description. The project description for the Komar Desert Center is complete and has considered all reasonably foreseeable aspects of the Project. Therefore, the project description will not be revised and the Draft EIR will not be re- circulated for public review. When Komar has determined how it plans develop the Indio Property, Komar will be required to apply to and work directly with the City of Indio as the Lead Agency regarding environmental review, entitlements, etc. Regarding the comment about providing a list of recently approved or reasonably foreseeable projects in Indio, the City of La Quinta notes that the appropriate time for the City of Indio to provide this information was in response to the NOR Nonetheless, as is set forth below, the City of La Quinta is responding to all of the information the City of Indio has now made available. Response 4: The State CEQA Guidelines define cumulative effects as "two or more individual effects that, when considered together, are considerable or which compound or increase other environmental impacts." The CEQA Guidelines further state that the individual effects can be the various changes related to a single project or the changes involved in a number of other closely related past, present, and reasonable foreseeable probable future projects (Section 15355). The CEQA Guidelines allow for the use of two alternative methods to determine the scope of projects for the cumulative impact analysis: • List Method - A list of past, present, and reasonably anticipated future projects producing related or cumulative impacts, including those projects outside the control of the agency. • Regional Growth Projections Method - A summary of projections contained in an adopted general plan or related planning document which is designed to evaluate regional or area wide conditions (CEQA Guidelines Section 15130). The methodology is tailored to the issue under consideration. The Draft EIR employs both methods as explained below: List Method The City of La Quinta identified a list of projects to be used for near -term 2006 background traffic analysis. This list was based on projects located within proximity to the Proposed Project that are expected to open near the time the Costco will open in 2006. Table 3.5-1 in the Draft EIR identifies these projects and is included below. A column has been added to indicate the status of each of these projects at the time the EIR went out for public review and current status. Table 3.5-1. Cumulative Projects Map ID L Project Description Status December Status in DEIR 19, 2005 1 Sam's Club 136,000 square feet of Under building and Final plan check is commercial development, precise grading review. currently underway. plus a fueling station. issuance ed to occur by +Januaryor February 2 Jefferson Plaza (Home 218,279 square feet of Under constructionant majority Depot — Phase II) retail, restaurant, and gas is now built. station uses. Occupancy of most stores are underway. Approximately 0.89 acres remain, which represents approximately 8,000 square feet of retail space. 3 The Pavilion 164,000 square feet of Grading and building Approximately 80% retail, restaurant and permit review in process. of this development grocery store. has been issued building permits and is currently under construction. Permit issuance on the remaining building s are expected by February or March 4 La Quinta Corporate 91,600 SF of business All but approximately 3.5 Approximately 65% Center park uses, 79,300 SF of acres of the Center has of this development commercial uses, 235,000 been constructed. Three area has been SF of office uses, 7,000 office buildings are about constructed with the SF of restaurant uses, to commence majority of the 6,5 00-s quare- foot bank, a . construction on buildings being 30,000 SF fitness center, approximately 2 of the occupied. Permits a 15 fueling position remaining 3.5 acres. At have been recently service station, 10.6 acres this time it is uncertain as issued for three of industrial park uses, to what might be professional office and 3.61 acres of self- constructed on the buildings located on storage. remaining 1.5 acres. Corporate Center Drive. Permits for additional professional office space immediately North of Gold's Gym are currently in plan check. The remaining area, which will likely include retail, professional office and/or industrial park uses, has yet to submit any development permits. The City of Indio did not provide the City of La Quinta with a list of related project with its NOP letter, which was received after the notice date nor with their late response to the Draft EIR. A telephone call was placed by Wendy Worthey of HDR on September 19, 2005 to the Planning Department at the City of Indio, requesting input regarding cumulative projects, which was never returned. A review of the State 1 yy aA (4 F llj6 Clearinghouse Web site, City of Indio website and field visits did not reveal any new projects being developed in Indio within a one mile radius that represented changes to General Plan designations as shown in the table below. However, to take into account projects that were proceeding with/or without CEQA review, the EIR increased the traffic numbers to accommodate this growth by adding a 2'/2% annual growth rate to the 2005 existing traffic conditions. Given the nature, location and distribution of the projects listed, the trip generation from the Indio projects is expected to be within the 2'/2% annual growth rate. Indio Projects within a One Mile Radius Project Name Location Description Status General Plan Designation* Heritage Court Southeast corner of Neighborhood Approved- Under Neighborhood Jefferson Street and Shopping Center Construction Commercial Fred Waring Drive Hog Wild North side of Restaurant Approved Mixed Use Restaurant Shields Road/ Highway 111 The Bridge@ Southeast corner of 124 single family Approved, under Low Density Jefferson Jefferson Street/ homes on 40 acres construction Residential Avenue 48 Walgreen's Southwest corner of Retail Commercial Pending Mixed Use Madison Street and Highway 111 The Orchard Northeast corner of 93 single family Approved, under Medium Density Shields Road and homes on 40 acres construction Residential Avenue 49 Estacio Shields Road/ 73 single family Approved, under Medium Density Avenue 49 homes construction Residential approximately 40 acres Valley Center Shields Road/ 11,312 square feet Approved Mixed Use Children's Medical Highway 111 professional office Center building Source: Community Development Status Report, City aJ Indio Website Indio General Plan Land Use Diagram 2004, City of Indio Website ■ Medium Density Residential = 2-5 units per acre ■ Neighborhood Commercial = convenient small scale shopping and personal service uses in close proximity to residential neighborhoods There are two projects in Indio listed on the California State Clearinghouse Web site as being in the environmental review process. Both of those projects are located more than two miles from the Costco/Komar site. However, they are discussed below. Indio Fashion Mall This project is located approximately 2.3 miles away from the Project site which is outside of the one mile radius used to analyze cumulative impacts. This project represents a change in General Plan land use designations by proposing a Specific Plan. According to Table 5A of the Indio Fashion Mall Traffic Impact Analysis, the Fashion Mall would generate an additional 4,558 trips over and above the existing land use. However, the Fashion Mall Traffic Impact Analysis indicates that impacts associated with project traffic do not extend beyond Clinton Street in the City of Indio. The study does not analyze any impacts within the City of La Quinta. Therefore, the City of La Quinta can only assume that there are no cumulative impacts that will occur in La Quinta's jurisdiction. The Komar/Costco TIA study area extended out one mile into the City of Indio. The Komar/Costco TIA did not identify significant impacts at the intersection of Highway 111 and Madison Street in 2006 after Highway 111 improvements or 2020 full build out. It should also be noted that the Indio Fashion Mall traffic impact analysis does not identify any significant cumulative impacts that could not be mitigated. Therefore, it is concluded that neither project would result in cumulatively significant impacts. Jefferson Street Commercial Plaza The Jefferson Street Commercial Plaza is located approximately three miles north of the Costco/Komar site. A Negative Declaration for the Jefferson Street Commercial Plaza is listed on the State Clearinghouse Web site. The City of Indio has submitted a Negative Declaration for public review on September 14, 2005. Communications with the City of Indio has indicated that the project has not gone to Planning Commission as of December 15, 2005. The Draft Traffic Impact Analysis report for the Jefferson Street Commercial Plaza identified one significant impact located at the intersection of Avenue 42 and Monroe Street. It was fully mitigated with the installation of a traffic signal. This intersection is approximately 4.5 miles from the proposed Costco/Komar site. The analysis conducted for the Costco/Komar site indicated that there were no significant impacts associated with traffic at the point of Fred Waring Drive and Jefferson Street. This intersection is located approximately 1.8 miles south of the Jefferson Street Commercial Plaza. Therefore, it can be concluded that changes in the traffic circulation for both projects (i.e. cumulative impacts) would not be significant. Regional Growth Projections Method Because the geographic scope of cumulative impacts to some issue areas is broader than the immediate area where the listed projects are located, the list method can not adequately address a project's potential cumulative impacts to some issue areas. Therefore, a regional growth projections model was also used to evaluate cumulative effects in the Draft EIR. The Future Year 2020 analysis conducted in the TIA is based on the City of La Quinta traffic model (using Tranplan software package) which incorporates regional data from CVATS 2020 Regionally Developed Socio-Econornic and Land Use data including input from the City of Indio. The model assumes full build out within the City of La Quinta and land use data from the CVATS model which includes the City of Indio. Specifically the model includes La Quinta TAZ 904, which includes the Komar's Indio Property referenced in Response 2 and 3. La Quinta TAZ 904 is part of a larger regional transportation zone CVATS TAZ 152. Ten percent of the traffic from CVATS TAZ 152 was assigned to TAZ 904 and is comprised of the following approximate land designations percentages which were used for traffic assignments: 49 percent residential and 34 percent commercial.; the remainder is comprised of 14 percent Parks and Open space and 2.5 percent Schools. Therefore, full build out of the Komar's Indio Property, as well as the rest of Indio, is included in the Future year 2020 analysis if developed in accordance to the Indio General Plan designation. Response 5 The TIA studied three intersections within the City of Indio: Jefferson Street and Miles Avenue, Highway 111 and Jefferson Street, and Highway 111 and Madison Street. With the Highway 111 and Jefferson Street improvement project scheduled to occur in 2006, there are no significant impacts identified to any of the intersections located within the City of Indio. Furthermore, in the Year 2020, there are no significant impacts resulting from the project at the intersections of Jefferson Street and Miles Avenue and Highway 111 and Madison Street. Both of these intersections are located approximately one mile from the Project site. (See response 20 for further discussion of Highway 111/Jefferson Street.) Therefore, the conclusions reached in the TIA demonstrate that project traffic dissipates within one mile. As a result of using the previously described list method, the radius of one mile was used for identifying cumulative impacts. Response 6 The TIA analyzed the traffic impacts for the proposed Costco/Komar development in 2006, the expected year that the Costco will open, and 2020, the future year of the City of La Quinta GP. The year 2006 was chosen as the first analysis year because that is when the initial phase of the project is expected to open. The TIA and Draft EIR identified necessary mitigation measures for each intersection in the study area where the Costco/Komar resulted in a significant impact. The planned projects to widen Highway 111 and Jefferson Street in 2006 will reduce the impacts from the proposed development to below a level of significance because all intersections will operate at acceptable operating standards for the City of La Quinta for the year 2006. The City of La Quinta has disclosed that temporary significant impacts exist in 2006 before the Highway 111 project is completed. The methodology used in the EIR is a worst case traffic scenario in opening year 2006. For additional explanation see Response 7. The 2020 analysis evaluates full buildout of the cities of La Quinta and Indio. Three intersections are identified where there is a significant impact related to the Costco/Komar development: Highway 111 /Washington Street, Highway 111 /La Quinta Drive, and Highway 111 /Dune Palms Road. Mitigation is identified for each of these impacts. (For an explanation of Highway 111/Jefferson Street, see response 20) This assumes that there will not be additional roadway improvements on Highway 111 in the City of La Quinta beyond the 2006 project, and assumes that Highway 111 in the City of Indio will be widened to 6 through lanes, consistent with their 2020 GP and conversations with their interim traffic engineer. As mitigation measures are identified to ensure that the roadway system operates within the City of La Quinta operation standard in both years 2006 and 2020, the intervening years will also operate acceptably. Response 7: The four developments that were assumed for the background traffic in 2006 were added to the 2005 weekday PM peak hour traffic volumes, and then the total background volumes were increased by two and a half percent to represent the estimated weekday PM peak hour traffic volumes in 2006. Although the Komar shops are not expected to open until 2007, the 2006 analysis assumed total traffic volumes expected with both the Costco and the Komar shops open. Therefore, the 2006 analysis over -estimated the amount of traffic expected from the Project in 2006. Additionally, it should be noted that the 233,400 square feet of development associated with Costco/Komar is estimated to generate 535 primary (new) trips to the roadway system during the weekday PM peak hour. The four approved developments are estimated to generate 2,535 primary (new) trips weekday PM peak hour to the roadway system. It is likely that the traffic generation rate used for the four approved developments is higher than what will be realized as it appears that there has not been a reduction for pass -by and diverted trips in this traffic volume. As a result, it is very possible that the traffic volumes related to the four approved developments is much lower than the traffic volumes reported in the TIA. As mentioned in Response 6, any projects opening in 2007 or beyond would have been analyzed as part of the Future Year 2020 Buildout analysis. Since the 2006 analysis was conducted conservatively, using higher traffic volumes from the four developments and combining both projects trip generation in 2006, Opening Year conditions have been overstated. E,3 Response 8: Table 4.10-2 on Page 4.10-9 of the Draft EIR includes trip generation rates for Costco and Komar. The 64% reduction in Pass -by Trips/Diverted Trips for Costco is based on independent surveys and traffic counts at ten similar size Costco Warehouses with fuel stations for the weekday PM peak hour throughout the United States. Attached to this letter are two memoranda from Kittelson & Associates dated October 19 and December 22 that include the data used to calculate the trip generation for Costco in the TIA. (See attachments 1 and 2.) The following table shows a summary of the data that supports the 64% Pass- by/Diverted trip reduction. Pass -by and Diverted Trip Percentages for Costco Warehouses with Gas Stations During the Weekday P.M. Peak Hour Location Primary Pass -By Diverted California #1 29% 53% 18% California #2 35% 60% 5% California #3 42% 10% 48% Oregon # 1 58% 17% 25% Oregon # 2 34% 20% 46% Colorado 22% 1 45% 33% Florida 32% 42% 26% New York 25% 67% 8% Virginia 9% 42% 49% Washington 34% 29% 37% Average 32% 38.5% t 29.5% Trip distribution for Costco has been overestimated compared to what the ITE Trip Generation Handbook identifies. Independent studies prepared by Kittelson & Associates for Costco Wholesale identify a weekday trip rate of 6.99 trips/thousand square feet of development for Costco Wholesale with a fuel center. In the ITE Trip Manual, Costco would fall under the "861 Discount Club" category, which lists an average trip rate of 4.24 per 1,000 square feet during the weekday PM peak hour based on 25 study locations. According to the ITE trip rate, a store of 149,739 square feet results in 634 trips as compared to the 1,045 trips identified with the Costco Wholesale in the TIA. The ITE Trip Generation Handbook does not have any data available for primary, pass -by and diverted trips for this category. The closest comparison is data for a Home Improvement Superstore and an Electronics Superstore, which identifies a primary trip percentage of 27 to 32 percent. The "861 Discount Club" category in the ITE Trip manual does not include a fuel center. The ITE trip rate for a stand alone fuel center "944" is 13.86 trips per fueling location. With 16 fueling locations proposed with the Costco development, this would result in 222 additional trips during the weekday PM peak hour. However, the primary trips associated with this use range from 6 to 23 percent. (The combination of the Costco fuel center traffic with the Costco warehouse traffic results in an even lower number of primary trips because the trips between the two uses are often shared). Applying the "861 Discount Club" trip rate for the Costco Warehouse, and "944" trip rate for the fuel center would result in 856 total trips, and assuming 32 percent primary trips for the warehouse and 23 percent primary trips for the fuel center would result in 254 primary trips for the weekday p.m. peak hour. The TIA identifies 325 primary trips associated with the Costco development, an increase of 28% over the number of weekday p.m. peak hour trips based on combining land uses from the ITE manual. Response 9: It is true that more primary trips would be expected during Saturday peak hour. The primary trips associated with the Costco development during the Saturday peak hour represent 53 percent as compared to 31 percent primary (new) trips during the weekday PM peak hour. This information was considered when conducting the Saturday sensitivity analysis in addition to taking into account alternative peak hour periods. The analysis concluded that the Saturday peak hour generally will result in similar or better traffic operations than the weekday PM peak hour. Response 10: Response 8 and 9 indicate that the project trip reductions for weekdays and weekends are correct. Therefore, new project traffic has not been underestimated and there are no potentially significant traffic impacts which have been omitted from the Draft EIR. Response 11: The study evaluated Highway 111/Jefferson Street, which is primarily in Indio except for the northwest corner that is in La Quinta, and then evaluated the next signalized intersection over one mile away, Highway 111/Madison. Highway 111 is a state highway corridor that links the cities within the valley. Trips constantly cross from one jurisdiction to another, from La Quinta into Indio and from Indio into La Quinta. The assumed assignment, as stated on page 29 of the TIA is based on a review of the marketing study conducted for the proposed Costco Wholesale development, the existing Costco members in the site vicinity, a review of the surrounding transportation system including existing traffic patterns; and conversations with City of La Quinta staff. The assignment of 25% of project trips on Highway 111 to and from the City of Indio is valid. Response 12: The City of La Quinta utilized two thresholds to deternline significance. First, it identified LOS D based on. average intersection delay as the minimum acceptable operating standard for intersections. Next, the City of La Quinta applied a secondary threshold for intersections that were already operating at LOS E or F without the Proposed Project. In this case, significance was determined by a 0.02 increase in volume to capacity ratio. The methods for calculating volume to capacity ratio for this secondary threshold should not be confused with the method used to calculate LOS. The two measures were not mixed and did not lead to the failure of the Draft EIR to disclose significant impact. The City of Indio claims that the LOS for signalized intersections must be related to the volume to capacity ratio, not to the average intersection delay. This type of analysis (volume to capacity) was used extensively prior to 1985 and was based on the Transportation Research Board "Circular 212". This methodology was replaced in 1985 with the Highway Capacity Manual, and is based on average delay. This methodology and the operational software, TRAFFIX that accompanies it is supported by Caltrans and is included in the 2001 "Guide for the Preparation of Traffic Impact Studies." Furthermore Caltrans reviewed both the Draft EIR and the TIA and did not question the methodology used to identify significant impacts. Therefore, the LOS used throughout the TIA is correct and correctly identifies significant impacts. Furthermore, the Traffic Impact Analysis conducted for the City of Indio Fashion Center Specific Plan also calculates LOS in the same manner that the Komar Desert Center TIA does. Table 4.2-1 of the Traffic Impact Analysis for the Fashion Center is taken from the Highway Capacity Manual and is based on intersection delay. Table 3 on page 19 of the Traffic Impact Analysis and Table 2-2 on page 2-11 of the Draft Program Environmental Impact Report identify the results of the intersection analysis in the study area based on the HCM intersection delay methodology. The Draft Traffic Impact Analysis Report for the Jefferson Street Commercial Plaza also utilizes the HCM intersection delay methodology, which is what was used in the Costco/Komar TIA. Response 13: See response 12 for an explanation of the methodology used to calculate LOS based on intersection delay as accepted by 2001 Caltrans "Guide for the Preparation of Traffic Impact Studies". The City of Indio identifies additional intersections with significant impacts using the pre-1985 methodology. The methodology accepted by Caltrans using LOS calculated by intersection delay would reflect the following changes to the City of Indio's table as shown on page 4.10-14, Table 4.10-3. Utilizing the adopted methodology, these intersections do not have significant impacts during Opening Year 2006 conditions because the Proposed Project does not degrade the LOS to below LOS D. Therefore, there are no new impacts that have not been disclosed. Intersection Correct LOS Correct LOS with Incremental Significant Impact? without Project Project Increase in v/c ratio Washington D D 0.056 No Street/ Highway 111 Highway 111 / D D 0.049 No Adams Street Highway 111/ La D D 0.48 No Quinta Drive Highway 111 / B D 0.202 No Depot Drive Response 14: See response 12 for an explanation of the methodology used to calculate LOS based on intersection delay as accepted by 2001 Caltrans "Guide for the Preparation of Traffic Impact Studies". The City of Indio identifies additional impacts to the intersections studied for the Saturday sensitivity analysis using the pre-1985 methodology. The methodology accepted by Caltrans using LOS calculated by intersection delay would reflect the following changes to the City of Indio's table as shown on page 4.10-17. Utilizing the adopted methodology, these intersections do not have significant impacts during Saturday conditions because the Project does not degrade the LOS to below LOS D. Therefore, there are no new impacts that have not been disclosed. Intersection Correct LOS Without Project Correct LOS with Project Change in LOS Significant Impact? Washington D D D to D No Street/ Highway 111 Highway 111/ D D D to D No Jefferson Street Response 15: See response 12 for an explanation of the methodology used to calculate LOS based on intersection delay as accepted by 2001 Caltrans "Guide for the Preparation of Traffic Impact Studies". The City of Indio identifies additional impacts to the intersections studied for the Future Year 2020 Buildout Scenario using the pre- 1985 methodology. The methodology accepted by Caltrans using LOS calculated by intersection delay would reflect the following changes to the City of Indio's table as shown on Table 4.10-4, Page 4.10-21. Utilizing the adopted methodology these intersections do not have significant impacts in the future year analysis because the Project does not degrade the LOS to below LOS D. Therefore, there are no new impacts that have not been disclosed. Intersection Correct LOS Correct LOS with Incremental Significant Impact? Without Project Project Increase in v/c ratio Washington C D 0.028 No Street/ Miles Avenue Highway 111 / C C 0.041 No Simon Drive Highway 111 / D D 0.040 No Adams Street Highway 111 / B D 0.207 No Depot Drive Response 16: See Responses 6 and 7 regarding an explanation of why the volumes for 2006 are correct. See Response 8 and 9 and the attached memoranda for an explanation of how the project trip generation was determined for the Proposed Project. Finally, response 12 explains that the methodology used to identify LOS is correct and does not yield additional significant impacts above and beyond those that have been disclosed. Due to these explanations, the TIA correctly concludes that there are no significant impacts at Highway 111 and Madison Avenue and Jefferson Street and Avenue 48. Response 17: The City of Indio has identified an inconsistency between the Draft EIR and TIA resulting from a typographical error. The last sentence of the first bullet on page 4.10-17 of the Draft EIR states, "No improvements are proposed to eastbound Highway 111 at Jefferson Street." The TIA on page 32 correctly states "No improvements are proposed to westbound Highway 111 at Jefferson Street." The analysis for the Highway 111 and Jefferson intersection in Appendix E is consistent with the lane configurations shown in Figure 7 and the analysis output shown in Figure 9 for 2006 Total Traffic Conditions. The capacity calculations are based on the configuration for Highway 111 and Jefferson Street in 2006 prior to the planned for Highway 111 improvements. The analysis for the Highway 111 and Jefferson Street intersection in Appendix F is consistent with the lane configurations shown in Figure 10 and the analysis output shown in Figure 11 for 2006 Total Traffic Conditions with the planned for Highway 111 improvements. Response 18 The City of Indio correctly notes that the analysis is inconsistent regarding the intersection of Jefferson Street and Highway 111. A memorandum from Kittelson and Associates is included in the Final Environmental Impact Report addressing this issue. The long-term projections by the City of La Quinta show a substantial increase in traffic throughout the roadway system for buildout of the surrounding area. The projections identified a background traffic growth of approximately 60% on Highway 111 at Jefferson Street, with substantial growth in the eastbound and southbound right -turn volumes. While recently reviewing the analysis and recommendations presented in the TIA, an error was identified with respect to the recommended mitigation at the Highway 111 /Jefferson Street intersection for the "Full Buildout with Costco/Komar" scenario. The study recommended a westbound right -turn lane on the Indio side of the Jefferson Street/Highway 111 intersection when the recommendation should have been for a southbound right -turn overlap signal phase. The table below shows a summary of the revised analysis and recommendations for the future conditions: Revised Full Build Out Traffic Conditions Build Out Build Out with Increase in Mitigation Mitigated Intersection Measure (1) Costco/Komar LOS & v/c Required Conditions (1) (1) Highway 111 ___LOS_._._._._.-.--.-_._.__D--.__._._._._..-.--.-.-_._--.-.-.-.-_E-.---.-_.-_.--.--._._._._._._._._D_E - --- D 2 --- - --- -- & Jefferson Cv/cal 0.894 0.975 0.09 Yes 0.944 (1) An analysis summary sheet for the scenario is attached. (2) With EB and SB Right -turn signal overlap phases. Therefore, the only two improvements recommended to mitigate future conditions are the addition of an eastbound right -turn overlap phase and a southbound right -turn overlap signal phase, which are signal operations and timing and not geometric improvements to the intersection. This will require the restriction of the northbound and eastbound U-turn movements in the intersection and modification to some of the traffic signal equipment. Since overlap phasing can be accommodated through the signal modifications that will accompany the Highway 111 widening and are not physical roadway improvements, the Costco/Komar development does not have a significant unmitigable impact because LOS D can be maintained without physical roadway improvements at the Jefferson Street/Highway 111 intersection. Response 19: Appropriate mitigation has been identified along with the funding source and responsible party. There are no significant impacts identified in the City of Indio. The signal change required for future year 2020 at the intersection of Jefferson Street and Highway 111 will be accomplished either by Caltrans or the City of La Quinta as modernization of that intersection occurs. Therefore the Project is not required to pay funds to the City of Indio for its planned for Highway 111 improvements. Furthermore, the Riverside County Transportation Commission has allocated $3.2 million in Measure A funds, and $1.5 million in Transportation Enhancement funds, which are currently available to the City of Indio for Highway 111 improvements that include the Highway 111/Jefferson Street intersection. As a result, the City of Indio should be able to construct these improvements. Response 20: This analysis would assume that every trip to the Costco/Komar during the entire course of the day is an entirely new trip on the roadway network with a single trip purpose; to travel only to Costco/Komar and to return without any other stops along the way. The analysis in the TIA, Appendix I, assumes the following: • Approximately 50 percent of the trips throughout the day (50 percent of 15,970 = 7,985) are primary trips destined to the Costco/Komar are for a single purpose to stop at the Costco /Komar and return. • The other 50 percent of the trips are already on the roadway for a related or some other purpose (considered either a pass -by or a diverted trip). As a result, the 1,968 represents 25 percent of the primary (new trips on the roadway) trips. (25 percent of 7,985 = 1,996). 1,996 + 35,328 = 37,324 as compared to 37,296, an additional 28 trips over what is shown in Table I-2. Therefore, the segment analysis is correct and a significant impact does not occur on this segment as stated in the letter from the City of Indio. From the Costco/Komar TIA Appendix I, Highway 111 Segment Analysis; "In addition to analyzing the intersection capacity performance of the study intersections, this analysis evaluated the segments along Highway 111 within the study area as required by Caltrans. A segment analysis is typically used for planning purposes to identify the general size of the roadway facilities utilizing Average Daily Traffic (ADT) volumes. Therefore the segment analysis is not as accurate as a peak hour analysis because it does not consider traffic volume peaking characteristics or need for turn lanes". Response 21: As indicated in Response 19, the Proposed Project will not result in a significant impact in the City of Indio other than at the intersection of Jefferson and Highway 111, which is located primarily in Indio with the northwest corner of the intersection being located in La Quinta. The mitigation required to return this intersection to below a level of significance is a minor signal adjustment that can be implemented by the City of La Quinta. Also as mentioned in Response 19, The Riverside County Transportation Commission has allocated $3.2 million in Measure A funds, and $1.5 million in Transportation Enhancement funds, which are currently available to the City of Indio for Highway 111 improvements that include the Highway 111/Jefferson Street intersection. As a result, the City of Indio should be able to construct these improvements and not require projects in La Quinta to fund their already planned for and funded improvements. KITTELSON & ASSOCIATES, INC. f# TRANSPORTATION PLANNINGITRAFFIC ENGINEERING f �\ 610 SW ALDER, SUITE 700 • PORTLAND, ORS: iD FAX (503) 273-8169 MEMORANDUM Date: October 19, 2005 Project #: 7118.0 To: Wendy Worthey, HDR Cc: Les Johnson, City of La Quinta Planning Manager Kathy Jenson, City of La Quinta From: Del Huntington and John Ringert, P.E. Project: La Quinta Costco/Komar Development Subject: Costco Trip Type Characteristics In response to your request, we have prepared the following table showing the Costco Warehouse trip characteristics. The data is based on counts and surveys taken at Costco Warehouses for the weekday p.m. peak hour throughout the United States. Table I shows the survey result on percentages of primary, pass -by and diverted trips for total trips that access Costco warehouses with gas stations during this time period. Table 1 Pass -by and Diverted Trip Percentages for Costco Warehouses with Gas Stations Durin4 the Weekday P.M. Peak Hour tion Primary Pass -By Diverted #1 29% 53% 18% #2 35% 60% 5% #3 ra 42% 10% 48% 1 58% 17°% 25% 2 34% 20% 46% 22% 45% 33% Florida 32% 42% 26% New York 25% 67% 8% Virginia 9% 42% 49% Washington 34% 29% 37% Average 329%/. 38.5% 29.5% 1 La Qaint,, Co,:tco/Komm- Devciopme,m Prof: Primary trips are trips that are new to the roadway syster-s where the purpose of the trip is to visit the proposed development. Pass -by trips occur when it motorist is traveling along a roadway that is adjacent to the development for some other purpose, but stops at the development while on the wav to their final destination. Diverted trips occur when a motorist is on the roadway system (does not include roads that are a;fj,cr�s�1 to the development) for some other purpose but diverts from the road they are traveling or; at the proposed development. The variability in primary. ::nd diverted trip percentac)es is dependant on the characteri:> i::-; the surrounding transportation network of the individual survey location. The sum of thy_ pass -by and diverted trip percentages should be divided between the two trip tylx::; based on the characteristics of the transportation network around the proposed site. ii you have any questions, please call Del at 503-228-5230 or John at 208-338-2683. KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING/PLANNING 101 S. Capitol Boulevard. Suite 301 • Boise, ID 83702 • (208) 338-2683 • Fax (208) 338-2685 MEMORANDUM Date: December 22, 2005 Project #: 7118.0 To: Wendy Worthey, HDR CC: Kathy Jenson, City of La Quinta From: John Ringert, P.E. Project: La Quinta Costco/Komar Development Subject: Costco Trip Generation Data This memorandum provides more detail regarding the Costco Warehouse data provided previously that was used to estimate the trip generation for the La Quinta Costco and supplements the memorandum previously prepared on October 19, 2005. The trip generation estimates for the proposed La Quinta Costco were based on data collected at ten other Costco Warehouses with fuel stations across the U.S. Detailed trip generation data from the weekday p.m. peak hour is provided in Table 1. Table 1 Trip Generation Data for Costco Warehouses with Gas Stations Weekday PM Peak Hour Location Size (sf) Weekday PM Peak Hour Total Trips In Out Passby Diverted Primary Altamonte, FL' 135,229 648 316 332 41 .9% 25.8% 32.3% Aurora, CO' 133,711 789 383 406 44.4% 33.3% 22.2% West Henrico, VA' 126,976 680 370 310 42.4% 48.5% 9.1 % Simi Valley, CA' 136,296 1,209 566 643 60.0% 5.0% 35.0% Spokane, WA' 156,987 1,055 504 551 28.6% 36.7% 34.7% Staten Island, NY' 121,216 755 322 433 66.7% 8.3% 25.0% Vallejo, CA' 125,434 1,011 489 522 53.6% 17.9% 28.6% Eugene, OR 140,700 1,224 * 20.0% 46.0% 34.0% Medford, OR 136,144 1,086 * 17% 25% 59% Santa Clara, CA' 135,444 972 478 494 10.0% 47.8% 42.2% Average 134,814 943 467 461 38.5% 1 29.4% 32.1 *No data available 'Data provided by Kimley-Horn and Associates, Inc. DData collected by Kittelson & Associates, Inc. FILENAME. H^�proj filet/ I I8�draf tripgen memo 1C W-jfr doc La Quinta Costeo/Komar Development Project #: 7118.0 December 22, 2005 Page 2 The resulting trip rate from the ten warehouses is 6.99 trips per thousand square -feet. This is based on the average square footage of the warehouses and the average of the total generated trips. Data for seven of the Costco Warehouses was provided by Kimley-Horn and Associates, Inc. and data for the remaining three Costco Warehouses was collected by Kittelson & Associates, Inc. The remainder of this memorandum summarizes the data collection that was conducted for the various Costco Warehouses. Data for seven of the ten Costco Warehouses for which we have data was obtained through studies conducted by Kimley-Horn and Associates, Inc. in 2001. The Kimley-Horn study is included in Appendix A. Only the data collected for the Costco Warehouses with fuel stations during the weekday p.m. peak hour is included in Table 1. Data for the Eugene and Medford Costco Warehouses was collected in November and December 2001, respectively, by Kittelson & Associates, Inc. The data collection consisted of trip type surveys at both the warehouse and fuel station during the weekday p.m. peak hour and a trip generation survey at the fuel station during the weekday p.m. peak hour. A sample trip type survey is included in Appendix B along with a summary of the data collection. Data for the Santa Clara Costco Warehouse was collected in November 2002 by Kittelson & Associates, Inc. Trip type surveys were collected at both the warehouse and fuel station during the weekday p.m. peak hour and Saturday midday peak hour. The data collection effort also included a trip generation study, parking study, and queuing study. The data collection summary for the trip generation study and trip type surveys is included in Appendix B. I trust this memorandum provides the requested data for the trip generation estimates. Please contact me at (208) 338-2683 if you have any questions. Kittelson & Associates, Inc. Portland, Oregon Appendix A Kimley-Horn Study Memorandum To: Heidi Macomber Costco Wholesale Corporation From: Katherine W. Falk, P.E., PTOE Edward Y. Papazian, P.E. Kimley-Horn and Associates Date: August 3, 2001 RE: Costco Trip Generation Study (KHA #016276002) INTRODUCTION Material is Confidential For use only by Costco Wholesale Kimley-Horn and Associates was retained by Costco Wholesale Corporation to conduct a trip generation study for a sample of existing Costco Wholesale locations. The purpose of the study was to collect information regarding the number and types of trips generated by the sites. The study consisted of collecting site traffic volumes through the use of seven-day automatic data recorders and conducting customer surveys at Wholesale Clubs. The overall study included ten locations, some with and others without integrated Costco Gasoline stations. Following this introduction is a description of the methodology used in conducting the study. The next section presents summaries of the data collected and is followed by key findings and recommendations for trip generation rates and application of primary, pass -by, diverted -link, and internal capture percentages as well as comparisons of resulting study trip rates with other land uses. Finally, the last section presents conclusions of the study. STUDY METHODOLOGY Study Locations Costco staff selected ten locations for this study. The selected sites were deemed to represent a cross-section of typical Costco Warehouses and were intended to be located in such a manner that they were not connected with adjacent properties and land uses. As a result, traffic counts would include only those trips associated with the Costco site. Table 1 lists the locations that were studied and the gross square feet of floor area for each location. Ms. Heidi Macomber, August 3, 2001 Page 2 Table 1: Study Locations Location Total gross floor area in square feet Altamonte Springs, Florida 135,229 Aurora, Colorado 133,711 Melville, New York 135,404 West Henrico, Virginia 126,976 Salt Lake City, Utah 119,760 Simi Valley, California 136,296 Spokane, Washington 156,987 Staten Island, New York 121,216 Vallejo, California 125,434 Westminster, Colorado 134,800 Average size 132,581 Traffic Counts Driveway traffic counts were taken at each location over a continuous seven-day period. These counts were conducted using automatic data recorders placed on each driveway to capture inbound and outbound vehicles. The data from these counts were used to determine trip generation rates. Copies of the traffic counts are included in a separate data collection appendix to this report. Surveys Customer surveys were conducted at each site inside the warehouse during one weekday afternoon peak period (4:00PM to 6:OOPM) and on one Saturday peak period (10:30AM to 2:OOPM). In addition, gas station customers were surveyed at the locations shown in Table 2. Table 2: Gas Station Survey Locations Location Altamonte Springs, Florida Aurora, Colorado Simi Valley, California Staten Island, New York Vallejo, California The purpose of both the warehouse and gas station surveys was to obtain information about customers' trip types. Trip types of particular interest for this study were primary, pass -by, diverted link, and internal capture trips. Analysis Techniques The analysis for this study included determining trip rates for Costco Wholesale locations with and without integrated gasoline stations using driveway traffic counts. Weekday trip rates were calculated by averaging data for typical weekdays using only those data that seemed reasonable. Summaries of the data are included in the following sections, while data for each location is included in the technical appendix of this report. Ms. Heidi Macomber, August 3, 2001 Page 3 DATA COLLECTION SUMMARY The tables on the following pages summarize the data collected as part of this study. Driveway Counts Tables 3 through 6 show driveway counts at each location under a variety of conditions. Table 3 shows the average of Monday through Friday weekday driveway counts, while Table 4 shows the average of Tuesday through Thursday driveway counts. These two summaries are included to provide as much information as possible. Generally, for the purpose of traffic impact studies, weekday counts are collected mid -week, since Monday and Friday counts are not typical weekdays from the standpoint of trip generation. The ITE Trip Generation Report, however, includes Mondays and Fridays in the trip generation calculations. Saturday and Sunday driveway counts are included in Tables 5 and 6, respectively. Costco Transactions Costco provided information regarding transactions at the locations with gasoline stations. Table 7 shows a comparison of the 24-hour driveway counts with the daily number of warehouse and gasoline station transactions. Trip Types The data from the surveys were used to determine trip patterns associated with customers, and are categorized into four types of trips - primary, pass -by, diverted link, and internal capture trips. Primary trips are defined as those customers who drove specifically to the site and returned directly to their point of origin. Pass -by trips represent customers who stopped at the site on their way to another destination and who did not alter their trip pattern. Diverted link trips represent customers who altered their trip pattern to get to Costco. Internal capture trips represent those patrons who were customers of both the warehouse and the gasoline pumps on the same trip. Tables 8 and 9 show a summary of the surveys of trip characteristics of warehouse patrons during the weekday PM and Saturday peak hours, respectively. Internal capture trips in Tables 8 and 9 represent warehouse patrons who also patronized the gas pumps. Tables 10 and 11 show a summary of survey results of gas station customers during the weekday PM and Saturday peak hour respectively. Primary trips in Tables 10 and 11 represent gas station patrons who took the trip specifically to purchase gasoline. Internal capture trips in Tables 10 and I I represent gas pump patrons who also shopped at the warehouse. The peak hours are the weekday commuter peak hours that occur between 7:OOAM and 9:OOAM and between 4:OOPM and 6:OOPM and the Saturday and Sunday mid -day peak hours between 10:30AM and 2:OOPM. It should be noted that the surveys of trip types were independent of the driveway traffic counts. As a result, locations that were not included in the trip generation calculations, due to unreliability of the data, were included in the tabulation of the different types of trips. E M H r CD O N rIM N N M oc 00 O� Cl r .- r 00 00 00 ! 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C O � C O cl CQ O O CC ` a al b aS Y .O G U O a7 C � N � GIl E c V O �' Ln Ln �n N u rn C O Vl N 00 r M Q� O Lt u= G � 3 o, N r Ln �D O L M d oo Q1 �,o V E N N oc d = cC r- oc oc O O oc �Y _ 3Cq R O 00 N r N Ln cc C 'O o m ' O �t M oc 00 Ln a� vd = M 00 0o O w GJ y eC L� 3 3 (V r r O N 00 CJ •L p O O r r Cl r+ O� r �D r r� r. r in Ci oc O� D', O - 01 3 � o %- �•' oc M N N O� CD N Ln �--� N �D O� CC m� O F" e�La 3 r �D Vr O N N M 00 O� D1 r n O� N Ln ' Lr � N Q O w O C a d -se 0 • s" cO 4^et cd ro aJ 3 o wog � b O D lu = ' Q u ° N o a� H �¢¢3��> P O F� �o�MzzN�� Nz V 00 4 O Cl O O O\ r- i CV M M N N M .Q c o c c c c c c o c A? v ZO 00 Ln t— F-- -t �.c O O M nY a c c c c c o c c c c O 00 Ln Moc N o0 M cy M M M M M G. cli Lr) M M � Ln 1J N M d N N M Q c c c c c c c c o c a1 4. 0 0 0 ,O [— Zo M Ln V c c c c c c c o c c � M N O �O Ln .9 M N �n M M M N N cV C) N i a c c c ¢� O C c c � HOC 00 Nz N N N M O c c c c c c c c c c DD N 00 M O\ C� Q c c c o c c c o c c M o0 \O �n \O N O� I� 00 �O d' N N -4 1-6 4 vl M R3 G-. cci Cl l� [� M O o000 cY ' V � V V) O� V') a c c c¢¢ c c c c¢ c3 00 Vl o0 V O cn Z Z [� O O M N M L." c c c O c c O c O c GO � c!1 � N M N -O 00 r-" Vl 01 M Q\ 't 00 (a, r' 00 7 (V fV N N .Q o c c c c c c c c c (� oc Vn c1 00 M o0rq �O O .�-i Nm M o c O O O C O c c O 'c c M N DD c_ O M c '(1 �I DD N M N M O M M c O oc .-� M O O O cr) M a1 r-- o0 -c N o0 ,I- Ln cn \O [- -,t -) -7 cn cn � O o o C x z~ o z L c c o c C c c c o C o C o 0 Gy, 0 in 000 to V' M V') �n Oa to "T V'1 � � 0 o c o c c o 0 o N o o c o o c o .b a1 O oo M rt M N 01 O av oc O M - o0 oo h bn O o o 1 J, c o o 0 0 0 o a W ,3 CIS 00 Vr t N N 00 C\ y C\ M O M M It N t N ^O Q\ bn V In bn L O •--. . Ql N . --. yoo N V oo M M D N O J N 00cc 0000000 cV (, � �t oo j O cz U 00 00 O O oo O L ) — 00 J V M In L Ln bn M O c c o c c c c c�C 0o O C1 M O, v) .1, N v� � bn O t� 00 a O bn f� lC 1�ct 7 n Q rrGC� c o o c c o rCE O� oo 0 0 0 0 0 0 �r? V O4 V O 00 M I.C. o0 V N N N M bn N �O N y `� � vl O bn V -" N M M O D1 cl -0 C O \ V\ V\ c \\ c c C u O \ A\ -go o c V o 0 V 0 A 0 y c o c o E O� W O M M N w .^1, N oO DD 00 DD 00 t o U ° U ct a� C'j cl o o °cz j � cct o a14 y oz . � cs'e C�5>¢3 Ms. Heidi Macomber, August 3, 2001 Page 9 PRESENTATION OF RESULTS Definition of Trip Generation Trip generation is generally defined as the number of vehicle trips attracted by a specific land use. For the purposes of this study, we are interested in the number of vehicles attracted to a Costco Wholesale site. Trip generation is often calculated using average trip rates. Average trip rate is defined as " the weighted average of the number of vehicle trips or trip ends per unit of independent variable using a site's driveway(s)."' The weighted average is calculated by summing all data and all independent variable units where paired data are available, and then dividing the sum of the data points by the sum of the independent variable units. Weighted averages are often calculated to determine the influence of data sets with large variances. The most meaningful independent variable for a land use such as Costco Wholesale locations is generally 1,000 square feet of gross floor area (GFA). In most traffic impact studies, trip rates are applied to the peak hours of adjacent street traffic. This represents the one -hour trip generation rate at the site between the traditional commuting periods of 7:OOAM to 9:OOAM and 4:OOPM to 6:OOpm. Other peak hours of trip generation are the Saturday and Sunday mid -day peak hours of retail activity, which generally occur between 10:30AM and 2:OOPtv1. Another important measure of trip generation is the daily trip rate. This is important for planning purposes for comparing levels of activity at different locations. Based on observations taken at the locations studied and the traffic count results, it appears that some sites provide better data than others do. For example, the counts taken at the Simi Valley, California site are significantly higher than the range of counts at the other sites. Conversations with the traffic counters indicated that the configuration of the driveways is such that cars may have passed over the traffic counting tubes diagonally, thus artificially inflating the number of vehicles counted. Only a manual count would be able to facilitate better counts at that particular location. In addition, there are two outparcels that have been constructed adjacent to the Westminster, Colorado location. These two outparcels share driveway access with the Costco Wholesale Club, therefore the counts include traffic from all three uses. The Aurora, Colorado and Salt Lake City, Utah sites also have shared access with neighboring restaurants; thus the counts include traffic volumes for the restaurants in addition to the wholesale clubs. Trip Generation Rates Using the traffic volume counts and the information regarding the size of each location, trip generation rates were calculated for each location. These trip rates are expressed as trips per 1,000 square feet of gross floor area. Tables 12 and 13 show weekday trip generation rates. Table 12: Weekda, Location Melville, NY Salt Lake City, UT' Westminster, CO' HD Generation Rates - Locations without Gas Stations AM Peak Hour PM Peak Hour 24-Hour In Out Total In Out Total In Out Total 0.19 0.17 0.38 2.36 1.60 3.96 27.49 27.69 55.18 1.36 0.37 1.73 2.08 2.40 4.48 27.26 27.33 54.59 0,62 0.39 1.01 2.02 1.93 3.95 18.27 13.02 31.29 Average 0.19 0.17 0.38 2.15 1.98 4.13 24.34 22.68 47.02 ' Not included in AM average due to presence of adjacent land uses. ' Trip Generation, 6'h Edition, Volume 3 of 3, User's Guide, Institute of Transportation Engineers, c. 1997, page 9. Ms. Heidi Macomber, August 3, 2001 Page 10 Table 13: Weekday Trip Generation Rates - Locations with Gas Stations Location AM Peak Hour PM Peak Hour 24-Hour In Out Total In Out Total In Out Total Altamonte, FL 0.35 0.49 0.84 2.46 2.64 5.10 26.25 29.31 55.56 Aurora, CO 0.52 0.56 1.08 2.75 3.14 5.89 30.37 36.38 66.75 West Henrico, VA 0.83 0.45 1.28 3.06 2.7 5.76 35.56 29.31 64.87 Simi Valley, CA 0.31 0.20 0.51 4.74 5.55 10.29 54.96 52.06 107.02 Spokane, WA 0.60 0.62 1.22 3.30 3.52 6.82 36.96 36.27 73.23 Staten Island, NY 0.21 0.32 0.53 2.84 3.65 6.49 30.76 40.11 70.87 Vallejo, CA 1.62 1.13 2.75 4.18 4.67 8.85 52.52 52.49 105.01 Average 0.63 0.54 1.171 3.33 3.70 7.03 38.19 39.43 77.61 Tables 14 and 15 show the resulting trip rates associated with the driveway volume counts on weekends. m .. l.l.. I A. tt7oolr o., rt Tlrivpxxav Trin Cpnprntinn Rates - Locations without Gas Stations Location Saturday Pk In Out Total Saturday 24-Hour Sunday Peak Sunda 24-Hour In Out Total I In Out Total In Out Total Melville, NY Salt Lake City, UT' Westminster, CO 3.60 5.07 3.67 3.46 2.50 2.05 7.06 7.57 5.72 24.46 24.53 48.9191 35.30 33.40 68.70 29.77 21.53 51.30 3.84 5.28 3.03 3.32 7.16 4.93 10.21 1.25 4.28 25.14 24.91 50.05 41.39 40.77 82.16 20.96 12.11 33.07 Average 3.63 2.76 6.39 27.12 23.03 50.141 3.44 2.28 5.72 23.05 18.51 41.56 ' Not included in averages due to presence of adjacent land uses. _e_ 117.,.1.....t t-an alinn Ratpc - Lne9tinns with Gas Stations Location Saturday Pk Saturday 24-Hour Sunday Peak Sunda 24-Hour In Out Total In Out Total In Out Total In Out Total Altamonte, FL 4.41 3.83 8.24 33.80 34.99 68.79 4.06 4.06 8.12 27.89 29.19 57.08 Aurora, CO 4.80 4.76 9.56 37.96 44.84 82.80 3.37 4.62 7.99 25.94 35.55 61.49 West Henrico, VA 2.39 1.81 4.20 35.76 45.81 81.57 1.95 1.91 3.86 31.36 32.57 63.93 Simi Valley, CA 9.75 6.41 16.16 55.66 52.50 108.16 7.45 8.43 15.88 52.65 53.49 106.14 Spokane, WA 5.12 5.54 10.66 40.86 43.20 84.06 4.74 4.50 9.24 33.28 32.31 65.59 Staten Island, NY 4.59 5.33 9.92 40.04 47.79 87.83 4.93 5.13 10.06 33.50 39.59 73.09 Vallejo, CA 7.19 6.16 13.35 59.77 58.24 118.01 6.39 7.03 13.42 57.60 57.53 115.13 Average 5.46 4.84 10.30 43.41 46.76 90.17 1.70 5.10 9.79 37.46 40.03 77.49 Gas Station Trip Types One of the purposes of conducting the patron surveys and gathering the transaction information was to determine the effects of the gas stations on trip generation. Of particular interest was the determination of the percentage of driveway traffic that represented trips associated purely with the gas station. The survey results were also used to determine the types of trips associated with the gas station, such as primary trips, pass -by trips, and combined gas station/warehouse trips. Tables 16 and 17 show comparisons of driveway counts to gas station volumes in the PM and Saturday peak periods, respectively. T y � U 3 E oo o M c Q , CQ U � � CC 00 t-- O C p •--� N M h N rq ¢• p., M N M GO Vl �" .-• o Ul � � d" M T ro U � v� U O U � M .-• GC? � � •� CL c� O N \O M F^ y o N N N M M C T 00 � Qd c 7 A U U i E oo n O O O v'l O T U ro o y �.s 00 0 C) t� Q > C O L U G �t N DD Ln rY �D v'1 01 Y ' 7 o CC C O O h NC,o0 «7 C 3 rt •cY Vn D1 i O O (- > QCIL 0 T of U oc V c\ N 0 C3 U � � >' C T-1� T ; O O O O L > > O W h o0 h o0 G1 � G O i1 a. OV-1 V M O � �� c N •--N M M . C � cJ C � � C � O C T G u aU•1 C: ❑ U M Q\ N N O O G O D\ O M + y p •-- N M •-- N � p 0 o T O � Q C y o p o0 00 O c r- p R. O O o > p N N ,� ,_.., N Ja. O td Q O 2 3 � U U oo M z a CQ C O G O ) k DD � bA cz O T n cz 00 CA L ,+�� C y C Ln O O. N ca R . r C C o0 cd C4 .0 > U Q) N > O s N > Q Y E- ra ¢ ¢ Cn Cn 7 ¢ 7:,` Ms. Heidi Macomber, August 3, 2001 Page 12 KEY FINDINGS AND RECOMMENDED TRIP GENERATION RATES The key findings of these driveway counts and surveys are as follows: 1. The daily trip generation rates shown in Tables 12 through 15 indicate that the Costco Warehouses with gas stations have higher trip rates than Costco Warehouses without gas stations. 2. These higher daily trip generation figures are consistent with the results in Tables 16 and 17, which show that gasoline transactions generally represent approximately 25 percent of total transactions for the facility. 3. In terms of increases in trips on the adjacent roadway, the figures in Tables 16 and 17 show that the gas station would result in approximately five percent more trips. This is based on the figures shown in the columns for "primary and diverted link" trips. 4. The peak hour figures shown in Tables 12 through 15 also indicate the higher trip generation rates for facilities with gas stations compared with those without gas stations. 5. Table 8 shows that the percentage of pass -by trips for warehouse patrons during the PM commuter peak hour and for the two-hour PM period is approximately 40 percent. The percentage of primary trips during both periods is approximately 35 percent. 6. Table 9 shows that the percentage of pass -by trips for warehouse patrons during the Saturday mid -day peak hour and the three and one-half mid -day period is approximately 32 percent compared to 40 during the weekday PM commuter period, while the percentage of primary trips is approximately 52 percent, compared to 35 percent during the weekday PM commuter period. 7. Tables 10 and 11 show that the percentages of primary trips among gas station patrons range from 8 to 13 percent, with an average figure of 10 percent. S. The recommended trip generation rates and in/out distribution percentages resulting from this study are as follows: Table 18: Recommended Trip Generation Rates and Distribution Percentages Costco WarehourTwo-WaTri RatesWithout Gas Stationh Gas Station Time Period Rate In/Out In/Out Weekday AM Peak Hour 0.38 51/49 54/46 Weekday PM Peak Hour 4.13 52/48 47/53 Weekday Daily 47.02 50/50 77.61 50/50 Saturday Mid -day Peak Hour 6.39 57/43 10.30 53/47 Saturday Daily 50.14 50/50 90.17 50/50 Sunday Mid -day Peak Hour 5.72 60/40 9.79 48/52 Sunday Daily 41.56 50/50 77.49 50/50 The recommended pass -by trip percentages are shown in Table 19. Also shown on this table are recommended percentages that could be used for other types of trips. Table 19: Potential Time Period _ Primaz WeekdayPM M 35% Saturday 54% Mid -day Ms. Heidi Macomber, August 3, 2001 Page 13 Type Percentages Wholesale Tri s Gasoline Station Trips Pass-Bv Div. Lk. Int. Ca Prima Pass-B Div. Lk. Int. Cap. 40% 25% 25% 14% 30% 8% 53% 32% 14% 20% 12% 25% 11% 50% The trip -types shown for the gasoline station are based on those for which the purchase of gasoline was deemed to be the reason for the visit. The remainder of the gas station patrons represent those whose primary purpose was to shop at the Costco warehouse and are shown as internal capture trips. Comparisons Of Data Results With Similar Uses The following table shows a comparison of trip generation volumes for an average Costco Warehouse site using trip rates from this study and trip generation equations from the ITE Trip o is typically Generation report for comparable land uses, including those land uses that Costc asked to use in traffic studies. The ITE land use codes are as follows: Code 861 - Discount Club Code 820 - Shopping Center, non -holiday Code 850 - Supermarket Code 813 - Free -Standing Discount Superstore Table 20 shows the trip generation comparisons per thousand square feet for the Costco locations and for the other land uses based on the average size of the Costco facilities that were surveyed. _�i,. vn. Tr;- D.tn rmmnnrknns Trip Rate Costco Without Gas Costco With Gas Code 861 Discount Club Code 820 Shopping Center Code 850 Grocery Code 813 Discount Superstore Weekday AM Peak 0.38 1.17 0.65 1.43 7.23 1.84 P1 Weekday PM Peak 4.13 7.03 3.88 5.70 9.65 3.82 Weekday 24-hour 47.02 77.61 41.80 61.64 111.51 46.96 "1 Sat. Peak 6.39 10.30 6.46 7.90 12.22 4.91 Sat.24-hour 50.14 90.17 53.75 82.35 177.59 55.06 Sun. Peak 5.72 9.79 5.62 3.12 18.93 4.27 1 41.56 1 77.49 33.67 47.42 166.44 43.45 Sun.24-hour --- --- 1.. -i - a c 11 and (1) In ourjudgement, these tigures are limited sample. E Ms. Heidi Macomber, August 3, 2001 Page 14 Table 21 shows the pass -by trip percentages obtained from the Costco surveys compared to other land uses as shown in the ITE Trip Generation Manual. Table 2l Pass -By Trip Percents a Comparisons Time Period Costco Code 861 Code 820 Code 850 Code 813 Weekday PM Peak 40% N/A 34% 36% N/A Saturday Peak 32% N/A 26% N/A N/A CONCLUSIONS Conclusions The information presented in this study can be used by Costco Wholesale to forecast traffic volumes at new sites based on the size of the facility as well as the anticipated market and/or sales volume. The trip rate comparisons included in this study indicate that the locations studied have higher trip rates than some land uses against which Costco is sometimes compared, but in some cases the trip rates are lower. The pass -by trip percentages derived as part of this study show that for those land uses for which there was a comparison, Costco pass -by trip percentages are higher. The technical appendix to this report contains spreadsheets with detailed information that may be of additional help. Regarding trip generation rates, Costco may desire to use the information provided as part of this study on a case -by -case basis. For the most part, the ITE Land Use Code 861 (Discount Clubs) is favorable to Costco, in that the average trip rates are somewhat lower than those observed in this study. On the other hand, using anticipated sales volumes and geography as additional variables, Costco may wish to use the results of this study to forecast driveway volumes. The trip -type figures obtained in this study may be of greater use by Costco in its work to secure approvals by local jurisdictions. These jurisdictions may be more willing to accept results of such surveys as opposed to accepting trip rate calculations that may be different than those contained in the ITE Trip Generation report. Appendix B KAI Data Summary q kaf 3 % / $ \ ( / \ / 2 S ® M \ 0 / 7 G ( 2 °=%/\ee z\)//\£ ®/77C\ = e m _ e o « m = 0 E 0 o c 0 » 0 >±(a)c: � f m 0 > o a c = = 4 m % � ± @ = 0 $ ± / o f a) -0 - \0C ( \ * _ % _ § _ ƒ / / 0 o R [ I 3 = a% S a m d ± 7 = 0 \ \ / 2 e=/§m »\\\� / a & '> \ � 0 \ § = _0 g § %0 0mome \ [ \ 0 4 « % § ƒ/ �]�m & 3 k 0 m d \220 \ 0 >1 />,\0 //7\\ \ § Cc)S ) / » o _/ cL /�0 . } \ `1 G Y d O ►-7 NO) N M N y0 Z -0 � O U) -0 C O O Q O N cu a) Mn G U) 4-- O N cn 0 II Santa Clara Costco Warehouse Data Weekday PM Peak Day Time Span Date In out total Mon 4:00 PM 5:00 PM 11/11/2002 735 508 1,243 Tues 5:00 PM 6:00 PM 11/12/2002 464 489 953 Wed 4:30 PM 5:30 PM 11 /14/2002 538 393 931 Thur 4:00 PM 5:00 PM 11/15/2002 432 600 1,032 Fri 4:00 PM 5:00 PM 11/16/2002 388 682 1,070 % in % out Average 48.9% 51.1 % 511 535 1046 Mid -week Avg 49.2% 50.8% 478 494 972 0 } / 2 m B k 2 m¥oq y Rqe O M LO m 2< - w:» (D E « \\ f / �k 2 = S § § $ 0 \» 7 k0 « 2 0 \ E \ T, 4 P.O. Box 1504 78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 23, 2005 TO: Eunice Lovi, Director of Planning SunLine Services Group 32-505 Harry Oliver Trail Thousand Palms, CA 92276 FROM: City of La Quinta Community Development Department PO Box 1504 78-495 Calle Tampico La Quinta, CA 92530 Contact: Les Johnson, Planning Manager SUBJECT: RESPONSE TO LATE RECEIVED COMMENT LETTER FOR THE KOMAR DESERT CENTER DRAFT ENVIRONMENTAL IMPACT REPORT SCH NO. 2005081060 The City of La Quinta, as the Lead Agency, has prepared an Environmental Impact Report (EIR) for the above -referenced project. The La Quinta City Council will consider certifying the Final EIR and approving the project at the conclusion of a public hearing scheduled for 7:00 p.m. on January 3, 2006. The City of La Quinta welcomes and appreciates all comments received on the Draft EIR. In accordance with Section 21092.5 of the California Environmental Quality Act, the City has prepared and included within the Final EIR a written response to each public agency and interested party that commented on the Draft EIR and submitted correspondence within the Public Review Comment Period ending December 9, 2005. The SunLine Services Group letter was not submitted within the Comment Period. It was received via facsimile transmission on December 12, 2005, at 9:18 a.m. As a result, the City has not included the SunLine letter or a response thereto in the Final EIR. However, as a courtesy, please find enclosed a copy of your letter along with the City's responses to the comments received. If you have any questions or concerns about these responses or any other aspect of the project, please feel free to contact Fred Baker, Principal Planner, or myself at (760) 777-7125. Sincerely Ces Johr(son Planning Manager Enclosures C: Douglas R. Evans, Community Development Director ✓Fred Baker, Principal Planner (PAGE 1 OF 1): MEMBERS Desert Hot Springs Rancho Mirage Indio Palm Palm Springs Palm Desert Coachella Cathedral City Indian Wells Riverside county SEBY1CfB BBUUP LaQutnta A Public Agency December 9, 2005 Mr. Fred Baker, Principal Planner City of La Quinta Community Development Department p.0. Box 1504 78-495 Calle Tampico La Quinta, CA 92530 Re: Komar Desert Center Dear Mr. Baker: This letter responds to your request for comments regarding the proposed project located along southern edge of Highway 111 at the intersection of Jefferson Street in the City of La Quinta. This letter is a follow up on the previous letter the SunLine Transit 1 Agency (SunLine) submitted to the City of La Quinta regarding this project. SunLine staff has reviewed the Draft Environmental impact Report (DEIR) for the proposed Komar Desert Center and reiterate suggestions offered in our previous letter to the City regarding working with the developers to make the project more pedestrian friendly. This may be achieved by requiring Costco to reduce the building setback to minimize 2 the walking distance from the sidewalk to the main entrance of the Costco building. I o encourage CostcO to locate parking behind the buildings instead of placing parking In front of the building. SunLine is currently working with the developers to construct transit amenities in conjunction with this project. We are working with the project manager to finalize the 3 details for the location where these amenities will be placed. Based on our decision, SunLine will send a letter to you regarding what we determined to be the location for the amenities. Please feel free to call me at 760-343-3456, ext. 119, if you have any questions regarding my comments or require additional information. Sincerely, r/ i Eunice LOVI Director of Planning EL/amp cc: C. Mikel Oglesby, General Manager 32.505 Harry 011VBr T-11 Thousand Palms, GA 92276 Ph 760.343-3456 Fax 760-343-0576 www.sunline-ory Response to Late Comment Letter SunLine Services Group December 9, 2005 (Received December 12, 2005) Response 1 Two comment letters were received from your agency dated May 19 and September 27, 2005 but they were not in response to the Notice of Preparation as part of the CEQA process. Your letter in response to the Draft EIR was received on December 12, 2005 past the Public Review Period, which ended on December 9, 2005. As a courtesy, the City has chosen to provide a written response. Response 2 As stated on Page 2-13 of the Draft EIR (Project Description), pedestrian walkways have been provided for in the project site design. The Proposed Project site plan provides a sidewalk along the entire site frontage on Highway 111. Pedestrian walkways would link the city sidewalks and the parking areas of Costco Wholesale to the front entrance of the warehouse. The pathways end at the front entrance to the warehouse and intersect the driveway at the front of the warehouse. The other commercial development areas also have pedestrian walkways linking the parking areas and the future commercial pads. Additionally, the pedestrian walkway will link the proposed bus stop, on Highway 111 in front of the development, to the development sidewalks. Pedestrian accessibility, therefore, will be provided to the Proposed Project site, specifically to the Komar shops located toward the front of the development. There will be continued coordination between the City of La Quinta, the Project Traffic Engineer, Caltrans, and SunLine to develop a final project design that supports pedestrian traffic and the use of alternate modes of transportation. Response 3 Prior to issuance of a Site Development Permit, the following items would require approval: Site Plan, Architectural Design, Landscape Design, and Sign Program. Therefore, the Proposed Project continues to undergo the process of site plan review. The City looks forward to working with you on additional ideas to make the design of the final project more amenable to pedestrians. TwT 4 4.QuiHfw MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Managers lJ FROM: Les Johnson, Planning Mana DATE: January 3, 2006 SUBJECT: Komar Desert Center Report and Exhibit Amendments Please note the following corrections to the staff report and exhibits associated with the Costco Wholesale/Komar Desert Center project. The page numbers below correspond with the page numbering in the report. ■ Page 11, second paragraph, final sentence: "Mitigation Measure Implemented?", remove the question mark. ■ Page 13, first paragraph, last sentence: Insert "...described in the EIR." ■ Page 28, third paragraph, second sentence: Exceednce is misspelled, it should be Exceedence. ■ Page 31, final paragraph, last sentence: ration is misspelled and should read ratio. ■ Page 39, first paragraph, last sentence: objects should be changed to read objective. ■ Page 68, item 4: compatible should be changed to read incompatible. ■ Page 73, third whereas: review should be changed to read reviewed. ■ Page 97, fourth whereas: review should be changed to read reviewed. ■ Page 160, first table: third line under Incremental Increase in v/c ratio change 0.48 to .048. r c: City Attorney Jenson xcvc/- 491, /-3-06 LAN' OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION 701 SOUTH PARKER STREET, SUITE 8000 ■ ORANGE, CA 92868-4760 ■ (714) 558-7000 ■ FAX (714) 835-7787 DIRECT DIAL: (714) 564-2606 DIRECT FAX: (714) 565-2506 E-MAIL: BRH rCi WSS-LAW-COM January 3, 2005 VIA HAND DELIVERY Honorable Mayor and Members of the City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Komar Desert Center EIR. Honorable Mayor and Members of the City Council: This law firm represents the City of Indio in connection with the Komar Desert Center project and its Environmental Impact Report ("EIR"). By letter dated December 6, 2005, Indio submitted comments on the draft EIR. This letter sets forth additional comments for consideration at the hearing on January 3`d. As explained more fully below, the EIR as drafted is legally inadequate. Indio opposes approval of the project based on the inadequate CEQA analysis. Before approving the Komar project, the City of La Quinta must correct the EIR's deficiencies and re -circulate the document for additional public review and comment. The District Improperly Piecemealed the Project by Excluding the Indio Component of Komar's Proposed Development. The development described in the EIR is only one component of the overall development currently planned by the property owner Komar Investments. Komar Investments owns approximately 34 acres of contiguous vacant property, including both the La Quinta parcels described in the EIR and an adjacent parcel in the City of Indio. Komar has specific plans to develop the adjacent Indio parcels with commercial development. As explained in Indio's December 6 comment letter and confirmed in La Quinta's response thereto, Komar has developed a site plan for the Indio parcel which describes specific commercial development. Moreover, Komar is actively pursuing this development through marketing efforts. The EIR is inadequate because it "piecemeals" the overall project and its impacts into separate components. CEQA prohibits agencies from conducting such piecemeal review, because breaking a project up for purposes of environmental review disguises the project's overall effects. (See. e.g., Rio Vista Farm Bureau Center v. County of Solano, 5 Cal.AppAth 351, 370-71 (1992); Kings County Farm Bureau v. City of Hanford, 221 Ca1.App.3d 692, 716 (1990).) Here, each component of the overall Komar development project will increase the project's environmental impacts, including but not limited to traffic and air pollution impacts. TERRY C. ANDRUS ■ STEPHEN J. BEA"ION ■ M. LOIS BOBAK ■ CAROLINE A. BYRNE ■ KIM T. DAWLEY PATRICK M. DESMOND ■ JAMES M. DONICH ■ JAMES H. EGGART ■ RACHEL L. ENOS ■ CRAIG G. FARRINGTON JOSEPH W. FORBATH ■ BRADLEY R. I LOGIN ■ DOUGLAS C. HOLLAND ■ LOIS E. JEFFREY ■ DAVID E. KFNDIG ROBERTA A. KRAUS ■ MAGDALFNA I,ONA-WIANT ■ MARK M. MONACIIINO ■ LAURA A. MORGAN ■ THOMAS F. NIXON BARBARA RAILEANU ■ JASON S. RE ITERER ■ OMAR SANDOVAL ■ JOHN R. SI IAW ■ GREGORY E. SIMONIAN KENNARD R. SMART, JR 0 DANIEL K. SPRADLIN ■ CINDY R. STAFFELBACH ■ THOMAS L. WOODRUFF Honorable Mayor and Members of the City Council January 3, 2005 Page 2 The aggregate effects of both the La Quinta component and the Indio component must be identified, disclosed, and mitigated to insignificance where feasible before La Quinta approves the La Quinta portion of the project. In addition, by deferring review of the Indio component to a later time, La Quinta has violated CEQA's mandate that environmental effects be considered "'as early in the planning process as possible."' (Bozung v. Local Agency Formation Comm. (1975) 13 Cal.3d 263, 277-79 [118 Cal.Rptr. 249].) This policy ensures both that environmental considerations will effectively influence the agency's "project, program or design" (id.), and that environmental effects will be considered at the outset "before a project gains irreversible momentum." (City of Antioch v. City Council (1986) 187 Cal.App.3d 1325, 1333 [232 Cal.Rptr. 507].) Finally, by failing to describe and analyze the Indio component, the EIR has failed to present an adequate project description as required by CEQA. A "project" for purposes of CEQA includes the "whole of an action" with potential physical changes in the environment. (14 C.C.R. § 15378.) Here, the "whole of the action" includes all planned development for the contiguous Komar parcels, not just that portion of the development within the City of La Quinta. Without an accurate project description, the EIR is legally inadequate. It is well established that "[a]n accurate project description is necessary for an intelligent evaluation of the potential environmental effects of a proposed activity." (McQueen v. Midpeninsula Regional Open Space Dist., 202 Cal.App.3d 1136, 1143 (1988).) An accurate project description has been described as the "sine qua non of an informative and legally sufficient EIR." (County of Invo v. City of Los Angeles, 71 Cal.App.3d 185, 193 (1977) (emphasis in original).) An EIR that does not describe all components of an overall project is legally inadequate. (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus, 27 Cal.AppAth 713, 730 (1994).) As explained by the court in the San Joaquin Raptor case: "" 'Project' is given a broad interpretation in order to maximize protection of the environment." (McQueen v. Board of Directors (1988) 202 Cal.App.3d 1136, 1143 [249 Cal.Rptr. 439].) This ensures "that environmental considerations do not become submerged by chopping a large project into many little ones, each with a potential impact on the environment, which cumulatively may have disastrous consequences." (Burbank -Glendale -Pasadena Airport Authority. v. Hensler (1991) 233 Cal.App.3d 577, 592 [284 Cal.Rptr. 498]; see also Bozung v. Local Agency Formation Com. (1975) 13 Ca1.3d 263, 283-284 [118 Cal.Rptr. 249, 529 P.2d 1017].)" By separating environmental review of the La Quinta and Indio components of the Komar development into two separate EIRs, La Quinta has improperly piecemealed the overall project. La Quinta's treatment of the Komar development is similar to the city's treatment of a residential development in Arviv Enterprises Inc v South Valley Area Planning Commission, 101 Cal.AppAth 1333 (2002). In that case, a developer proposed a total of 21 homes on ! 12383\3 Honorable Mayor and Members of the City Council January 3, 2005 Page 3 different lots scattered through the same neighborhood. The developer filed a number of different permit applications, and CEQA review was conducted separately for each home. The court held that the city must lawfully require one EIR for all 21 construction projects. According to the court, the "entire case is the direct result of inadequate, or misleading, project descriptions, because the individual homes were presented as separate projects rather than one overall, integrated project. (Id. at 1346.) The court upheld the City's requirement that one EIR be prepared in order to ensure that cumulative impacts were properly addressed. (Id.) (" [t]he significance of an accurate project description is manifest, where, as here, cumulative environmental impacts may be disguised or minimized by filing numerous, serial applications.") In fact, the case against piecemeal review is even more compelling here than in the Arviv case, because the project site here consists of two immediately adjacent parcels. In Arviv the project site consisted of a number of parcels scattered throughout one neighborhood, which were not necessarily adjacent to each other. In its December 23 response to Indio's comments, La Quinta attempts to argue that Komar's overall development should be treated as two separate projects because (1) the La Quinta and Indio components are on separate legal parcels, and will be "bought, sold, and developed independently"; (2) the La Quinta and Indio components are subject to two separate approvals, one from the City of La Quinta and one from the City of Indio, and "La Quinta cannot predict what Indio will do or when"; (3) a separate EIR will be performed for the Indio portion of the development; and (4) the impacts from the Indio development are purportedly "speculative." These arguments are entirely incorrect under the applicable CEQA statutes, regulations, and case law. First, the facts that the La Quinta and Indio components on located on separate legal parcels, and will be bought, sold, and developed independently, does not mean that they are separate projects for purposes of CEQA review. In the Arviv case discussed above, one developer planned to construct a number of residential homes in the same neighborhood. There, as here, the homes were on separate legal parcels, and were or would be bought, sold, and developed independently. Nonetheless, the court held that the construction of numerous homes in the same neighborhood constituted one collective project. The same reasoning applies here, and requires that the La Quinta and Indio components be treated as one project for purposes of CEQA review. Second, the fact that the Komar development is subject to two separate approvals does not mean that it should be treated as two separate projects. The state CEQA Guidelines clearly state as follows: "The term 'project' refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term 'project' does not mean each separate governmental approval." (14 C.C.R. § 15378(c) (emphasis added).) !12383`3 Honorable Mayor and Members of the City Council January 3, 2005 Page 4 Third, the fact that an EIR may be done later for the Indio portion of the Komar development does not transform the Indio component into a separate project. In the Arviv case, for example, the court held that construction of individual homes in the same neighborhood constituted one overall project despite the fact that environmental review was or would be conducted for each individual home. Finally, the Indio component's impacts cannot be considered "speculative" under CEQA. As explained above, La Quinta has acknowledged that Komar has developed a conceptual site plan identifying specific commercial uses for the Indio component of the development. Since a conceptual site plan is all that is required to undertake CEQA review, La Quinta has all of the information that it needs to identify the Indio component's impacts. (Dry Creek Citizens Coalition v. Tulare, 70 Cal.App.4th 20, 36 (1999) (rejecting contention that a general description of project components is inadequate under CEQA).) Moreover, it is well established under California Supreme Court case law that a future project component must be analyzed if it is "reasonably foreseeable." (Laurel Heights Improvement Ass'n v. Regents, 47 Cal.3d 376 (1988).) The fact that a future project component is not certain does not excuse an agency from considering all reasonably foreseeable impacts. In Laurel Heights, for example, the California Supreme Court held that an EIR for a university's medical research facility improperly deferred review of a proposed future expansion to a later time. When opened, the facility was to occupy 100,000 feet. The university had tentative plans, however, to expand the facility to the entire 354,000 square feet available in the structure. The university argued that it was not required to study the environmental effects of the expansion because it had not yet formally approved the expansion. The Court rejected this argument, however, emphasizing that early review of possible effects allows an EIR to serve its critical function as an "environmental alarm bell" to alert agencies and the public of environmental effects "before they have reached ecological points of no return." (Id. at 392.) Thus, the Court concluded that an EIR must analyze the environmental effects of a future expansion or other action if it is reasonably foreseeable. (Id. at 396 (emphasis added).) In reaching this conclusion, the Court in Laurel Heights stated as follows: "We believe the [University] can provide meaningful, reliable data in the EIR as to future activity at Laurel Heights and thus must do so.... [The University] should have discussed in the EIR at least the general effects of the reasonably foreseeable future uses of the Laurel Heights facility, the environmental effects of those uses, and the currently anticipated measures for mitigating those effects." (Id. at 398.) The same reasoning applies here, and requires La Quinta to analyze fully the impacts of the Indio component of Komar's development project before approving the La Quinta portion. �.1 !12383\3 Honorable Mayor and Members of the City Council January 3, 2005 Page 5 IL The EIR Analysis of Cumulative Impacts is Inadequate An EIR must identify and analyze any "cumulative" effects to which the project will contribute. (14 C.C.R. §§ 15065, 15130; Pub. Res. Code § 21083(b); Citizens to Preserve the Ojai v. County of Ventura, 176 Cal.App.3d 421, 432 (1985).) If the lead agency finds that a project has potential environmental effects which are "individually limited," but "cumulatively considerable," CEQA requires the agency to find that the project will have a significant effect on the environment. Cumulative effects are considered significant when "the incremental effects of an individual 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." (14 C.C.R. §§ 15065, 15130.) The agency must address cumulative effects in a variety of other ways, by making detailed findings on the feasibility of alternatives or mitigation measures to reduce or avoid significant effects, and in making feasible changes in the project to lessen adverse environmental effects. (Discussion to 14 C.C.R. § 15065.) An EIR's analysis of cumulative impacts depends critically on the identification of related projects. If a list of related projects is underinclusive, all of the ensuing cumulative impacts analysis will be inaccurate. The list of related projects set forth in the EIR here is woefully underinclusive for a number of reasons. Thus, the cumulative impacts analysis is inadequate under CEQA because it understates the true cumulative impacts of the Komar development project. First, the EIR's list of related projects is underinclusive because it is limited to projects within the City of Indio. The CEQA Guidelines specifically state that a list of related projects "must consider projects outside the control of the agency." (14 C.C.R. § 15130(b)(1)(A).) As explained in Indio's prior comment letter, there are number of projects within a one -mile radius of the Komar development site that are located within the City of Indio, and must be considered related projects for purposes of cumulative impacts analysis. Second, the EIR's list of related projects is underinclusive because it is limited to projects that have received discretionary approval and/or are already under construction. It is well established under CEQA that a cumulative impacts discussion must consider all projects that are reasonably foreseeable, and cannot be limited to projects that have received discretionary approval or are under construction. (San Franciscans for Reasonable Growth v. City and County of San Francisco, 151 Cal.App.3d 61, 75 (1984)) Third, the EIR's cumulative impacts analysis is inadequate because it does not explain or justify the one -mile radius in any meaningful way. An EIR must provide a "reasonable explanation" for the geographic scope used in its cumulative impacts analysis. (14 C.C.R. § 15130(b)(3).) Without a reasonable explanation of the geographic scope, an EIR's cumulative impacts analysis is legally inadequate. (Bakersfield Citizens for Local Control v. City of Bakersfield, 124 Cal.AppAth 1184, 1216 (2004).) In the Bakersfield Citizens case, for example, the court held that two EIRs prepared for two shopping center projects to be constructed 3.6 miles apart were both inadequate because they did not consider the cumulative impacts of the 112383\3 Honorable Mayor and Members of the City Council January 3, 2005 Page 6 other project. In reaching this conclusion, the court emphasized that cumulative impacts could include traffic, noise, air quality, urban decay and growth inducement impacts. (Id. at 1218.) The same reasoning applies here. Related projects in the City of Indio and elsewhere will have similar cumulative impacts that the EIR must identify, consider, and mitigate where feasible. III. The EIR Does Not Account for the Indio Component's Impacts. La Quinta's December 23 response to Indio's initial comments on the Draft EIR incorrectly states that the EIR takes into account the Indio component's impacts. The response explains that the Indio component would not be developed by 2006, and therefore no trips could be assigned for the 2006 analysis. This reasoning begs the question. If the Indio component is considered part of the overall project (as it must), and the Indio component will not be built out by 2006, then the projection of project build -out must be extended based on a reasonable estimate of when the Indio component will be completed. Even more importantly, by focusing solely on traffic impacts, the response ignores many other types of impacts that the Indio component of the project will likely have. In addition to traffic impacts, the Indio component will have impacts in many other areas, including but not limited to air quality, noise, and aesthetics. The EIR has not begun to analyze these impacts, and is therefore inadequate. IV. The EIR's Traffic Analysis is Based on Fatally Flawed Assumptions. Indio's Traffic Engineer Mr. Tom Brohard has identified numerous flawed assumptions made by the EIR's traffic analysis. A copy of Mr. Brohard's most recent comments are attached hereto. Among many other flaws, the EIR's traffic analysis substantially undercounts the traffic along Jefferson Street, making all of the EIR's conclusions regarding traffic impacts erroneous. In conclusion, the EIR as drafted is legally inadequate under CEQA and must be revised. The revised EIR must be recirculated for public comment before the City Council may lawfully approve the Komar development project. Very truly yours, WOODRUFF, SPRADLIN & SMART A Professional Corporation BRADLE R. HOGIN BRH:brh Enclosure !12383\3 1 ard and Associates January 3, 2006 0 Mr. Edward Z. Kotkin, City Attorney City of Indio 100 Civic Center Mail Indio, California 92201 SUBJECT: Komar Desert Center Project — Further Comments to Responses on Our December 6, 2005 Draft EIR Traffic Comments Dear Mr. Kotkin: As requested, I have reviewed the City of La Quinta December 23, 2005 responses to our traffic comments made on the Draft EIR for the Komar Desert Center Project. In addition, I have also reviewed supplemental traffic information provided by Kittelson & Associates and the Final EIR prepared by HDR. While the City of La Quinta has adequately responded to some of the traffic issues raised in our letter, many of our prior comments have not been adequately addressed. Before addressing these technical traffic issues, it must be pointed out that the entire EIR traffic analysis is based on inaccurate baseline data. Baseline traffic volumes for the weekday PM peak hour at Highway 111 and Jefferson Street were counted on Tuesday, April 19, 2005. According to the enclosed reprint from the April 27, 2005 Desert Sun, Jefferson Street was still CLOSED due to damage from winter storms..." at the wash 1,000 feet north of Highway 111 (not partially open as reported in the Traffic Study). The traffic counts on which the traffic study is based dramatically understate traffic volumes on Jefferson Street under normal conditions. The traffic study purports to account for the abnormal conditions reflected in the April 19, 2005 traffic counts by manually shifting vehicles from Washington Street to Jefferson Street. These arbitrary adjustments to Jefferson Street added 400 weekday PM peak hour trips north of Highway 111 and 100 weekday PM peak hour trips south of Highway 111. The subjective experience of any driver familiar with Jefferson Street and the following objective empirical data below illustrate that these manual adjustments are too low. CVAG made traffic counts on Jefferson Street north and south of Highway 111 on Wednesday, February 9, 2005 when Jefferson Street was OPEN at the wash. CVAG weekday PM peak hour counts were SIGNIFICANTLY higher on Jefferson Street near Highway 111 than those considered and relied upon in the Final EIR as follows: 81905 A[ountain View Lane, La Quinta, Cakfomia 92253-7611 Phone (760) 398-8885 Pux (760) 398-8897 F_mail ibroharA earilibnk.net Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 CVAG Actual Counts Estimates from the EIR Underestimated Volumes North of Highway 111 South of Highway 111 1,464 2,538 835 (57%*) 629 1,221 (48%*) 1,317 * Estimates from the EIR are expressed as percentages of the CVAG counts Furthermore, all traffic analyses in the EIR builds upon the fatally flawed traffic volume estimates the EIR developed for Highway 111 and Jefferson Street. The closure of Jefferson Street at the wash at the time of the Traffic Study and continuing until Friday, April 29, 2005 also disrupted traffic patterns and created abnormal traffic volumes at other intersections throughout the study area. Existing traffic volumes at ALL other study intersections were also counted on April 19 or April 20, 2005 during the Jefferson Street closure at the wash. As part of the EIR's weekend sensitivity analysis, additional traffic counts were made in September 2005 after Jefferson Street reopened. According to CVAG traffic counts conducted in 2005, summer season traffic volumes are at least 25 percent less than during the winter season. As a result, the September 21, 2005 counts at Highway 111 and Jefferson Street cannot be used directly to remedy the inaccurate traffic forecasts in the EIR. The entire Final EIR traffic analysis is INVALID and it cannot be relied upon to identify, analyze, or mitigate the significant traffic impacts that will be created by the Komar Desert Center Project. Education and Experience Since receiving a Bachelor of Science in Engineering from Duke University in Durham, North Carolina in 1969, 1 have gained over 35 years of professional engineering experience, all of which has occurred in California. I am licensed as both a Professional Civil Engineer and as a Professional Traffic Engineer in California. I formed Tom Brohard and Associates in 2000 and now serve "on call" as Consulting Transportation Engineer for the City of San Fernando and as the City Traffic Engineer for the City of Indio. During my career, I have reviewed numerous environmental documents and traffic studies for various projects. Several recent assignments are highlighted in the enclosed resume. My review disclosed additional technical deficiencies and inadequacies regarding the EIR traffic analysis for the Komar Desert Center Project as follows: 2 Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 1) Analysis Remains Inconsistent with Project Description and Baseline Traffic Volumes Do Not Include All Approved Developments (Responses 6 and 7) — The EIR Project Description states the Komar Desert Center Project will have two distinct phases, with Costco Wholesale completed in August 2006 and the Komar shops completed by April 2007. The Traffic Study fails to analyze baseline traffic conditions in 2007 when both phases of the project are planned to be completed. To properly account for regional growth, the Traffic Study must add 2 '/2 percent annual growth to baseline traffic volumes to reflect regional growth between 2006 and 2007. Traffic generated by other major projects in the area, beyond the four projects in the City of La Quinta that will be completed by 2006, must also be added to properly forecast Opening Day baseline traffic volumes in 2007. Adding 2 '/2 percent for regional traffic growth does not properly account for significant traffic volumes from other major projects in the area completed by 2007. As acknowledged in Response 2 from the City of La Quinta, the EIR does not contain analyses of the traffic impacts associated with near term development of the 21 acres in the City of Indio owned by Komar immediately adjacent to the 26 acres in the Komar Desert Center Project in the City of La Quinta. The seven acres of the Komar property in the City of Indio north of the channel are clearly an integrated part of the Komar Desert Center in the City of La Quinta, and development of this parcel must also be assumed for the near term. 2) Trip Reductions Are Inconsistent with Approved Studies (Response 7) — For each of the four major projects now under construction in the City of La Quinta, Response 7 states traffic studies have NOT included any reductions for pass by and diverted trips. It is inconsistent to apply trip reductions of 64 percent to the Costco portion of the Komar Desert Center when other traffic studies approved by the City of La Quinta have not used any reductions for pass by and diverted weekday PM peak hour trips. As a point of reference regarding the extent of these reductions, the Caltrans Guide for the Preparation of Traffic Impact Studies states "Reductions greater than 15 percent requires consultation and acceptance by Caltrans". 3) Weekday Peak Hour Trip Forecasts Are Too Low (Responses 7 and 8) — Review of the August 3, 2001 Costco Trip Generation Study prepared by Kimley-Horn and Associates (attached to the December 22, 2005 memorandum from Kittelson & Associates) indicates three of the ten Costco Wholesale sites did NOT include Costco gas stations. The weekday PM peak hour rate of 7.03 trips per 1,000 square feet is significantly higher for the seven sites with gas stations than the weekday PM peak hour rate of 4.13 trips per 1,000 square feet for the three sites without gas stations. 3 Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 Two of the seven Costco sites with gas stations were in California, with the others located in Florida, Colorado, Virginia, Washington, and New York. The two sites in California had the highest weekday PM peak hour trip generation rates including 8.85 trips per 1,000 square feet in Vallejo and 10.29 trips per 1,000 square feet in Simi Valley. The weekday PM peak hour rate used in the EIR is significantly less than either of the two Costco Warehouse sites in California as reported in the Costco Trip Generation Study. The weekday PM peak hour trip rate used in the EIR ignores higher trip rates recorded in California and understates the weekday PM peak hour trips that will be generated by the La Quinta Costco. Response 8 states the trip forecasts for Costco have been overestimated compared to data published by the Institute of Transportation Engineers, ITE. As explained below, faulty methodology has been used to reach this conclusion. We disagree that trips are overestimated and believe to the contrary that trips for the La Quinta Costco have been underestimated. For the record, ITE average trip rates cannot be directly applied to forecast trips for the proposed project. For Land Use Category 861, Discount Club, ITE includes stores ranging in size between 90,000 and 140,000 square feet. With the La Quinta Costco proposed at 149,739 square feet, the store will be larger than the upper end of the range of data presented by ITE. Accordingly, Page 14 of the User's Guide to ITE's Trip Generation, 7th Edition states "The plots presented in Trip Generation cover only the range of independent variables for which data are available. Caution should be used if extrapolating the data beyond the ranges provided, since no information has been supplied to document trip generation characteristics beyond the given ranges". In contradiction to the ITE User's Guide, Response 8 used faulty methodology by going beyond the range of data provided by ITE to support its claim. 4) Saturday Peak Hour Trip Forecasts Are Too Low (Response 9) — The Costco Trip Generation Study reports the two sites in California had the highest weekend peak hour trip generation rates including 13.35 trips per 1,000 square feet in Vallejo and 16.16 trips per 1,000 square feet in Simi Valley. Using the national average Saturday peak hour trip rate ignores higher trip rates recorded in California and understates the Saturday peak hour trips that will be generated by the La Quinta Costco. Primary trip percentages at the two California locations were among the highest of the sites with 57.9 percent reported as new trips at Vallejo and 75.0 percent reported as new trips at Simi Valley. Using the average Saturday peak hour primary trip percentage ignores the higher percentage of new trips recorded in California and understates the Saturday peak hour trips that will be generated by the La Quinta Costco. 4 Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 5) Trip Generation Forecasts Are Too Low (Response 10) — Trip reductions used in the EIR (64 percent) are inconsistent with the approved traffic studies in the City of La Quinta for four nearby developments where NO trip reductions were taken. Weekday and Saturday trip rates in the EIR are significantly less than those recorded at other Costco Warehouse stores with gas stations in California. The percentage of new trips on Saturdays recorded at other Costco Warehouse stores with gas stations in California is significantly higher than used in the EIR. In combination, the new project traffic has been significantly underestimated and potentially significant traffic impacts have been omitted from the EIR for the Komar Desert Center. The trip generation forecasts must be revised and the resulting significant traffic impacts must be disclosed, analyzed, and mitigated by the Komar Desert Center Project. 6) Additional Intersections in Indio Require Evaluation (Response 11) — The assignment of 25 percent of the project trips on Highway 111 to and from the City of Indio does not demonstrate that project traffic dissipates within one mile as stated in Response 4. The EIR retains all these trips on Highway 111 through Madison Street, with none of the trips turning to or from Madison Street. It is likely some project trips will use Madison Street, especially with Madison Street being extended in the very near future south of Avenue 48. If 25 percent of the project trips remain on Highway 111 as forecast in the EIR, then there will be significant project traffic impacts at other Highway 111 intersections in the City of Indio such as Monroe Street. The EIR must refine the distribution of project trips down to less than 25 percent in the City of Indio as the EIR has done in the City of La Quinta. The resulting significant traffic impacts must be disclosed, analyzed, and mitigated by the Komar Desert Center Project. 7) Significant Traffic Impacts Occur in the City of Indio (Response 16) - Addressing the further comments in this letter will yield higher baseline traffic volumes and higher project trip generation. Increasing the number of primary (new) trips during the weekday PM and Saturday peak hours will result in significant project traffic impacts at intersections in the City of Indio. These resulting significant project traffic impacts must be disclosed, analyzed, and mitigated by the Komar Desert Center Project. 8) Three Eastbound Lanes Are Needed On Highway 111 (Response 17) — The EIR assumes a third eastbound lane will be constructed on Highway 111 east of Jefferson Street. The third eastbound lane on Highway 111 is required to receive traffic from the three eastbound lanes to be constructed in the City of La Quinta west of Jefferson Street. However, the existing bridge just east of Jefferson Street is too narrow to provide three eastbound lanes. 5 g Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 The City of Indio plans to provide six through lanes on Highway 111 from Jefferson Street to Madison Street in the future in accordance with the City's General Plan. However, available funding is not sufficient to widen the existing bridge immediately east of Jefferson Street in the near term. Widening of the bridge on Highway 111 is needed to receive traffic from the three lanes to be constructed in the City of La Quinta to the west. Further widening of this bridge is necessary to properly align the left turn lanes on Highway 111 at Jefferson Street, particularly with eastbound dual left turn lanes. The City of La Quinta must require the Komar Desert Center Project to fully mitigate their significant traffic impacts at Highway 111/Jefferson Street. 9) Mitigation at Jefferson Street/Highway 111 Is Insufficient (Response 18) — The required mitigation at Highway 111 and Jefferson Street for significant project traffic impacts in future year 2020 has been changed in the Final EIR. The Draft EIR previously proposed adding a separate westbound right turn lane in the City of Indio, together with fair share financial participation from Komar Desert Center. Now, the Final EIR proposes to install right turn green arrows for southbound and eastbound traffic. As the supporting calculations have several errors, the proposed traffic signal modifications do not mitigate the significant project traffic impacts under build out conditions in 2020. In their December 19, 2005 letter, Kittelson & Associates states "The long term projections by the City of La Quinta show a substantial increase in traffic throughout the roadway system for buildout of the surrounding area. The projections identified a background traffic growth of approximately 60% on Highway 111 at Jefferson Street, with substantial growth in the eastbound and southbound right turn volumes..." Weekday PM peak traffic volumes for year 2020 used by Kittelson & Associates in their analysis of Highway 111 at Jefferson Street under buildout conditions were compared with existing traffic counts recorded by CVAG in February 2005. For northbound Jefferson Street south of Highway 111, the weekday PM peak hour traffic volumes used in the 2020 calculations are five percent less than the EXISTING traffic volumes recorded by CVAG in early 2005. In addition, weekday PM peak traffic volumes on Highway 111 in the calculations are between 20 and 40 percent higher than today, also too low in comparison to the long term projections made by the City of La Quinta. The use of low weekday PM peak hour volumes for buildout conditions in 2020 is a fatal flaw in the analysis of mitigation measures for the Komar Desert Center Project. In the review of the year 2020 calculations, the percentage of heavy vehicles (trucks) has also been grossly underestimated by assuming between 1 and 2 percent trucks on both Highway 111 and on Jefferson Street. This assumption 6' Mr. Edward Z. Kotkin, City Attorney Komar Desert Center Project — Further Comments to Responses January 3, 2006 is unreasonable since Caltrans recorded 8.6 percent trucks on Highway 111 at Washington Street in 2004. This error causes the calculation to predict better operating conditions than will occur with higher percentages of trucks. To determine potential mitigation measures at Highway 111 and Jefferson Street, the Kittelson & Associates calculations were replicated. Northbound weekday PM peak traffic volumes on Jefferson Street were then increased 30 percent higher than the 2005 CVAG traffic counts to account for future traffic growth. To mitigate their significant traffic impacts under buildout volumes in year 2020, the Komar Desert Center Project must be required to construct additional improvements at Highway 111 and Jefferson Street. In addition to the southbound and eastbound right turn green arrows, widening the east leg to provide two westbound left turn lanes, three westbound through lanes, and a westbound right turn lane is necessary. Financial participation in the cost of these improvements must be required by the City of La Quinta as the City of Indio has no jurisdiction or authority to establish such requirements outside its boundaries. The Final EIR acknowledges new right turn green arrows will require prohibition of northbound to southbound as well as eastbound to westbound U-turns. Prohibition of northbound to southbound U-turns would adversely impact the gas station on the southwest corner as well as other future developments on the west side of Jefferson Street just south of Highway 111. The impacts of this U-turn prohibition to accommodate the eastbound right turn green arrow must be considered, and alternate access to replace the U- turn movement must be developed as part of the proposed mitigation. In sum, the traffic analysis for the Komar Desert Center Project contains many significant errors and fatal flaws as identified throughout this letter. As a result, the EIR fails to accurately disclose and mitigate the project's significant traffic impacts in the City of Indio. If you have questions regarding these comments, please contact me at your convenience. Respectfully submitted, /.",— �' L—k Tom Brohard, PE City Traffic Engineer Enclosures RrFESS/pN DR NO.2iJ6�7J1��j� s -Mk FCCA0��\ 7 /��� Q�pFESSIp Fy ,o EXP NMLU '•4T'� 3 OF ------- ---r---.I Page 1 of 2 Desert Sun Estimated printed pages: 3 April 27, 2005 Section: A -Section Page: Al Music festival to clog routes by Indio venue Lois Gormley Staff The Desert Sun Officials recommend locals plan for delays By Lois Gormley The Desert Sun INDIO - If you're short on patience, don't plan on driving through Indio this weekend. And if you are among the more than 100,000 people expected to come streaming into the city as early as Friday for the two-day Coachella Valley Music and Arts Festival, that patience will be a must. Police say residents and festivalgoers alike should be prepared for congestion, plan ahead and avoid certain streets if at all possible. The festival, which is held at the Empire Polo Club at 81-800 Avenue 51, begins at 11 a.m. Saturday and wraps up at midnight Sunday. It will feature 90 bands, including Coldplay and Nine Inch Nails. Especially heavy traffic will likely start as much as two hours before the festival and continue for two hours after it wraps up each day at midnight, said Ben Guitron, Indio Police Department public information officer. The department and its volunteers will once again be out in force to ensure a smooth event that poses as little inconvenience as possible for surrounding neighborhoods and residents, he said. To that end, the department has a few suggestions for helping all motorists to move about the city: If you aren't going to the concert, avoid Jefferson Street from Indio Boulevard to Avenue 52. This is the main road to and from the event. Jefferson at the Whitewater River storm channel in La Quinta is still closed due to damage from winter storms, and Guitron said Tuesday he didn't know whether it would reopen before the festival. La Quinta Mayor Don Adolph said Tuesday it's his understanding that the road will be reopened by Friday. Avoid Monroe Street. Avoid Avenue 50. The street will be closed from Jackson to Madison streets to everyone but residents, law enforcement and event staffers. Guitron said the department suggests non -concert traffic use Jackson Street, Golf Center Parkway and Van Buren Street to travel north or south in the city. For east and west travel, use Miles Avenue, Fred Waring Drive and Indio Boulevard east of Clinton Street, he said. "Everyone should plan out their route for those two days and give themselves a little more time," Guitron said. littp:l/nl.newsbank.com/nl-search/we/Arcbives?p action=print&p_docid=109CFBOAEOAlBBD4 1/1/2006 Page 2 of 2 Festival promoter Paul Toilet said initial plans to provide shuttle service to the event were scrapped when organizers determined they would have to dedicate a lane for the vehicles, closing it to other traffic and defeating the purpose. Instead, festival organizers have obtained more land on the outer edge of the concert field this year, which has enabled them to break parking up into several smaller lots instead of two big ones. That means there will be more arteries out of the venue, and although there will still be heavy traffic, organizers believe it will prevent motorists from being stuck in gridlock for hours as happened last year. "Saturday of last year was horrific," Toilet said. "Everyone really worked hard to fix Sunday. The police really helped. The police's plan was correct, but it got varied on the first night." There will also be a couple of streets that will be converted to one-way avenues to facilitate the mass exodus each night. It will still be congested, however, Toilet warned. "We always encourage car pooling and getting their early," he said. "If your favorite band is going on at 2 p.m., I wouldn't arrive at 2 p.m. There are plenty of things to do until your band comes on." Glance: CONCERT TRAVEL AND SAFETY TIPS Leave early and be prepared for delays along Interstate 10 and in the city of Indio. Use landmarks to find your car after the show. Count rows of cars, light standards or any other stationary objects to help you remember. Organizers say there will be a lot of signs indicating the area you parked in, as well. If you have a remote car alarm, use the device to find your car. Write down your license plate number and the make and model of the vehicle so police can help you find it if necessary. Don't leave valuables in sight, and lock your vehicle. Drink water and eat regular meals. Keep extra water in your car. Report traffic accidents or other obstacles in the roadway to Indio police by calling 347-8522. Copyright (c) The Desert Sun. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, ina http://nI.newsbank.com/nl-search/we/Archives?i) action=nrint&n docid=109CFB0AE0A1BBD4 1/1/2006 Tom Brohard, PE Licenses: 1976 / Professional Engineer / California — Civil, No. 24577 1977 / Professional Engineer / California — Traffic, No. 724 Education: BS / Civil Engineering / Duke University / 1969 Experience: 35 Years Memberships: Institute of Transportation Engineers - Member Orange County Traffic Engineers Council - Chair 1979-1980 American Public Works Association - Member Expertise: Tom is a recognized expert in the field of traffic engineering and transportation planning. His background also includes responsibility for leading and managing the delivery of various contract services to numerous cities in Southern California. Since forming Tom Brohard and Associates in 2000, Tom has reviewed many traffic impact reports and environmental documents for various projects across the state. Tom has extensive experience in providing transportation planning and traffic engineering services across Southern California. From 1972 through 1978, he conducted all traffic engineering investigations in the Second Supervisorial District in Los Angeles County. He has served as City Traffic Engineer/Transportation Manager/Engineer as follows: o Bellflower.....................................1997 - 1998 o Bell Gardens................................1982 - 1995 o Huntington Beach .........................1998 — 2004 o Indio ....................................... 2005 - present o Lawndale......................................1973 - 1978 o Los Alamitos................................1981 - 1982 o Oceanside....................................1981 - 1982 o Paramount...................................1982 - 1988 o Rancho Palos Verdes ..................1973 - 1978 o Rolling Hills..................................1973 - 1978, 1985 - 1993 o Rolling Hills Estates .....................1973 - 1978, 1984 - 1991 o San Fernando .......................... 2003 - present o San Marcos..................................1981 o Santa Ana....................................1978 - 1981 o Westlake Village ...........................1983 - 1994 While serving Huntington Beach, Tom oversaw a staff of 20 including traffic engineers and transportation planners, traffic signal and street lighting personnel, and the signing, striping, and marking crews. He secured $3.5 million in grant funding, managed the initial West Orange County Rail Feasibility Study, and recently oversaw the consultant selection for the City's Traffic Model and Circulation Element Update. Tom Brohard and Associates Tom Brohard, PE, Page 2 Selected significant accomplishments during the last four years include the following: ❖ Conducted Traffic Impact Analyses for the Sacred Heart Church and School Master Plan in the City of Palm Desert including presentations to community residents and testimony at Public Hearings before the City Council (3/2005 to 7/2005) ❖ Prepared preliminary critique of the Draft EIR and traffic study for the Prewett Ranch Project in the City of Brentwood for Adams Broadwell Joseph & Cardozo (7/2005) ❖ Prepared critique of the Mitigated Negative Declaration and Traffic Impact Analysis for the Providence Center Specific Plan in the City of Fullerton for Shute, Mihaly, & Weinberger (6/2005 to 7/2005) ❖ Prepared critique of the traffic and circulation sections of the Draft Subsequent EIR of the County of Ventura Focused General Plan Update and prepared rebuttal to responses for Shute, Mihaly, & Weinberger and the Community of Somis (1212004 to 1 /2005; 6/2005) ❖ Prepared response to Initial Study and Notice of Preparation of a Draft EIR for 483 condominiums proposed in three high rise towers in Century City in the City of Los Angeles for Tract No. 7260 Association (6/2005) ❖ Prepared critique of the traffic and parking impacts identified in the Draft EIR and Traffic Impact Analysis for the Long Beach Memorial Medical Center Expansion in the City of Long Beach for Weinberg, Roger & Rosenfeld (2/2005 to 5/2005) Prepared critique of the Draft EIR and traffic study for the Villages at Fairfield Project in the City of Fairfield for Adams Broadwell Joseph & Cardozo (4/2005 to 5/2005) ❖ Prepared critique of the traffic, circulation, and parking impacts identified in the Traffic Impact Analysis for Los Angeles Unified School District Valley High School #5 in the City of San Fernando (4/2005) ❖ Prepared critique of the transportation, circulation, and parking impacts identified in the Draft EIR and the Final EIR for the Wood Street Project in the City of Oakland for the East Bay Community Law Center (3/2005) ❖ Conducted City wide engineering and traffic surveys confirming enforceable speed limits on 31 street segments for the City of San Fernando (1/2005 to 3/2005) ❖ Prepared critiques of the traffic impacts identified in the Draft EIR and in the Revised Draft EIR for the Central Larkspur Specific Plan in the City of Larkspur and prepared responses to comments in the Final EIR for Shute, Mihaly, & Weinberger (712002 to 8/2002, 12/2003 to 2/2004, and 1 /2005 to 3/2005) Tom Brohard and Associates Tom Brohard, PE, Page 3 ❖ Checked plans for traffic signal installations and modifications as well as signing and striping revisions for various projects for Engineering Resources of Southern California and the Cities of Hemet and Palm Springs (12/2003 to 3/2005) ❖ Prepared critique of the Initial Study and traffic study prepared for the Hidden Canyon (Greenfield) Quarry Use Permit and Reclamation Plan in Monterey County for Weinberg, Roger & Rosenfeld (2/2005) ❖ Prepared critiques of the traffic impacts identified in the Los Angeles International Airport Master Plan Draft EIS/EIR for Alternatives A, B, and C and in the Supplement Draft EIS/EIR for Alternative D, prepared responses to comments in the Final EIS/EIR, and reviewed Addendum #3 for Shute, Mihaly, & Weinberger and the City of El Segundo (2/2001 to 7/2001, 7/2003 to 10/2003, 11/2004, and 12/2004) - Prepared critique of the Traffic Study for the 450-460 North Palm Drive Senior Housing Residential Project in the City of Beverly Hills for Luna & Glushon (11/2004) Prepared critique of the Draft EIR and traffic study and provided testimony at a public hearing regarding the West Los Angeles College Facilities Master Plan in Los Angeles County for Culver Crest Neighborhood Association (10/2004 to 12/2004) ❖ Prepared critique of the Draft EIR and the associated traffic impact analysis as well as subsequent rebuttal to responses to these comments in the Final EIR for The Ranch Plan in the County of Orange for the Endangered Habitats League (6/2004 to 7/2004 and 10/2004) ❖ Prepared preliminary critique of the Draft EIR and traffic study for the Chandler Ranch Specific Plan Project in the City of Paso Robles for Adams Broadwell Joseph & Cardozo (9/2004) ❖ Prepared critique of the Draft EIR and traffic report associated with the Magnolia Park Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2004) ❖ Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and traffic study for the McKean Road Sports Complex in Santa Clara County for Shute, Mihaly, & Weinberger (9/2004) •:- Prepared critique of the Environmental Assessment for Robie Ranch Reclamation Project in Calaveras County for Weinberg, Roger & Rosenfeld (9/2004) ❖ Provided expert assistance to residents in the City of La Mirada during settlement negotiations regarding litigation involving the Big T Residential Development Project in the City of Buena Park (6/2004 to 9/2004) ❖ Prepared critique of the traffic impacts identified in the Recirculated Draft EIR and the associated traffic study for the Lake Jennings Ralph's Shopping Center in San Diego County for SOFAR and Shute, Mihaly, & Weinberger (8/2004) Tom Brohard and Associates Tom Brohard, PE, Page 4 Reviewed Traffic Impact Study prepared for the San Fernando Corridors Specific Plan for the City of San Fernando (7/2004 to 8/2004) ❖ Prepared critique of the Negative Declaration for the Brisbane Recycling Project in the City of Brisbane for Weinberg, Roger & Rosenfeld (6/2004) ❖ Reviewed various alternative alignments for the extension of Lexington Drive from Cerritos Avenue to Katella Avenue, a proposed secondary highway, for the City of Los Alamitos; provided expert assistance to the City of Los Alamitos during settlement negotiations regarding litigation of the proposed Cottonwood Christian Center Project in the City of Cypress (4/2004 to 6/2004) ❖ Prepared critique of the Draft EIR and the associated traffic impact study for the Jaxon Enterprises Mine and Reclamation Expansion Project in the County of Merced for Weinberg, Roger & Rosenfeld (5/2004) ❖ Prepared critique of the Environmental Secondary Study for the Santa Fe Parcel 6 Mixed Use Project in the City of San Diego for Adams Broadwell Joseph & Cardozo (4/2004 to 5/2004) ❖ Prepared critique of the Draft EIR and the associated traffic impact analysis for the for the San Mateo Rail Corridor Plan & Bay Meadows Specific Plan Amendment in the City of San Mateo for Adams Broadwell Joseph & Cardozo (3/2004 to 5/2004) ❖ Reviewed the Edinger Corridor Specific Plan Traffic Analysis for the proposed redevelopment and intensification of adjacent land uses for the City of Huntington Beach (12/2003, 4/2004, and 5/2004) ❖ Conducted the Traffic Impact Study of the San Fernando Regional Pool Facility Project and the associated street improvements for the City of San Fernando (3/2004 to 4/2004) ❖ Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated traffic study for the Pixar Headquarters Expansion in the City of Emeryville for Shute, Mihaly, & Weinberger (3/2004 to 4/2004) ❖ Prepared critique of the Draft EIR and the associated traffic impact analysis for the Lower Lagoon Valley Specific Plan in the City of Vacaville for Adams Broadwell Joseph & Cardozo (3/2004 to 4/2004) ❖ Conducted the Traffic Study of Two Parking Alternatives for the City of San Dimas to provide on street parking to complement potential retail/residential development on the east side of San Dimas Avenue north of Arrow Highway (12/2003 to 4/2004) ❖ Prepared trip generation calculations for various retail and "Big Box" stores in conjunction with a March 2004 ballot measure in Contra Costa County for Mark R. Wolfe & Associates (1/2004 to 2/2004) Tom Brohard and Associates Tom Brohard, PE, Page 5 Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation impact analysis for the S&S Farms and Hancock Property Residential Development Plan in the City of Brentwood for Adams Broadwell Joseph & Cardozo (2/2004) ❖ Prepared critiques of the traffic impacts identified in the Mitigated Negative Declarations as well as subsequent rebuttal to responses to these comments for the Bayfront Live Work Project in the City of Hercules for Adams Broadwell Joseph & Cardozo (4/2003, 10/2003, and 2/2004) ❖ Conducted the City Wide Traffic Calming Study of Residential Streets in the City of San Fernando including development of traffic calming guidelines and specific recommendations addressing over 70 "Hot Spots" throughout the City including monthly presentations at Transportation & Safety Commission meetings and a presentation of the Final Report to the City Council (5/2003 to 1/2004) ❖ Prepared critique of the Initial Study/Mitigated Negative Declaration and the associated transportation analysis for the Cottonwood Christian Center in the City of Cypress for the City of Los Alamitos (1/2004) ❖ Prepared critique of the Recirculated Draft EIR and the associated transportation analysis for the Sand Creek Specific Plan in the City of Antioch for Adams Broadwell Joseph & Cardozo (1/2004) ❖ Prepared critique of the Initial Study and the associated traffic impact studies for the West Dublin Transit Village in the City of Dublin for Adams Broadwell Joseph & Cardozo (11/2003 to 1/2004) ❖ Prepared critiques of the Initial Study and the Recirculated Initial Study/General Plan Amendment and Rezoning for the Jack Parker Trucking Site in the City of San Pablo for Adams Broadwell Joseph & Cardozo (9/2003 and 11/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR and rebuttal to responses to comments in the Final EIR for the proposed Wal-Mart in the City of Fremont for Mark R. Wolfe & Associates (7/2002 to 10/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses in the Final EIR, and testimony at a public hearing regarding the Alpine Village Shopping Center in San Diego County for Shute, Mihaly, & Weinberger (6/2002 to 10/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses in the Final EIR, testimony at public hearings, and assistance during settlement negotiations regarding the 2000 Avenue of the Stars Project in Century City in the City of Los Angeles for Tract No. 7260 Association (9/2002 to 10/2003) Tom Brohard and Associates Tom Brohard, PE, Page 6 Prepared critique of the traffic impacts identified in the Draft EIR for the Glen Loma Ranch Project in the City of Gilroy for Adams Broadwell Joseph & Cardozo (9/2003) ❖ Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ryder Homes Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (9/2003) Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Ravenswood Residential Project in Contra Costa County for Adams Broadwell Joseph & Cardozo (8/2003 to 9/2003) ❖ Prepared critique of the traffic impacts identified in the Draft Subsequent EIR for the proposed Boronda Crossing Commercial Project in the City of Salinas for Mark R. Wolfe & Associates (8/2002 to 9/2003) Prepared four grant applications to Caltrans for $1,115,000 of Hazard Elimination Safety funding to modify traffic signals and to upgrade regulatory, warning, and street name signs in the City of Santa Ana (3/2003 to 8/2003) 44- Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bluerock Business Center Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (8/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for the Clark Road Residential Project in the City of Richmond for Adams Broadwell Joseph & Cardozo (8/2003) ❖ Prepared critique of the traffic impacts identified in the Initial Study and the Traffic Impact Analysis for the Sky Ranch Residential Project in the City of Antioch for Adams Broadwell Joseph & Cardozo (7/2003 to 8/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for the Cal Poly Student Housing North Project in the City of San Luis Obispo for Adams Broadwell Joseph & Cardozo (7/2003) ❖ Prepared critique of the traffic impacts identified in the Final EIR for the Lake Jennings Ralph's Shopping Center in San Diego County for SOFAR and Shute, Mihaly, & Weinberger (3/2003 to 7/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for the Cypress Grove Residential Project in the City of Oakley for Adams Broadwell Joseph & Cardozo (6/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for the McKean Road Sports Complex in Santa Clara County for Shute, Mihaly, & Weinberger (5/2003) Tom Brohard and Associates Tom Brohard, PE, Page 7 ❖ Prepared grant application to Caltrans for $448,000 of Safe Route to School funding to upgrade all school signs at 68 public and private schools in the City of Santa Ana (3/2003 to 5/2003) ❖ Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the Blossom Valley Middle School for the Dunbar Lane Task Force in San Diego County (4/2003 to 5/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR and the Traffic Impact Analysis for the Bettencourt Ranch Aggregate Mining Project in Merced County for Weinberg, Roger & Rosenfeld (4/2003) ❖ Conducted a complete review of the General Plan Circulation Element for the City of Huntington Beach including comparisons to the Orange County Transportation Authority's Master Plan of Arterial Streets and drafted a Request for Proposal to update the City's Circulation Element (8/2002 to 4/2003) Prepared critique of the traffic impacts identified in the Traffic Impact Analysis for the proposed Wal-Mart in the City of Gilroy for Mark R. Wolfe & Associates (2/2003 to 3/2003) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for the Waterfront/Downtown Mixed Use Project in the City of Vallejo for Adams Broadwell Joseph & Cardozo (2/2003) ❖ Provided expert witness evaluation of the traffic impacts caused by simultaneous construction of various Alameda Corridor Transportation Authority projects for Sullivan, Workman, & Dee (12/2002 to 2/2003) ❖ Conducted 12 training sessions in Urban Street Design Fundamentals for the Engineering Department staff in the City of Torrance (4/2001 to 4/2002 and 10/2002 to 12/2002) ❖ Prepared critique of the traffic impacts identified in the Transportation Impact Study for the Western Research Campus in the City of Richmond in Contra Costa County for Adams Broadwell Joseph & Cardozo (11/2002) ❖ Evaluated Conditions of Approval for the proposed intersection of Mulholland Highway and Hazel Nut Court in Los Angeles County and provided testimony to the Board of Supervisors for Seminole Springs Mobile Home Park (11/2002) ❖ Reviewed the Traffic Impact Analysis prepared for the Pacific City Project for the City of Huntington Beach (9/2002) ❖ Prepared critique of the traffic impacts identified in the Draft EIR for North Yorba Linda Estates in the City of Yorba Linda for Shute, Mihaly, and Weinberger (9/2002) Tom Brohard and Associates 7 Tom Brohard, PE, Page 8 Conducted the Hacienda Road Traffic Calming Study and presented the final report at locally televised meetings of the Traffic Committee and the City Council in the City of La Habra Heights (10/2001 to 9/2002) ❖ Prepared critique of the traffic impacts identified in Initial Studies with Traffic Impact Analyses for three residential subdivisions in the City of Pittsburg for Adams Broadwell Joseph & Cardozo (8/2002) ❖ Conducted the City Wide Traffic Safety Study and presented the final report at meetings of the Traffic Committee and the City Council in the City of Rolling Hills Estates (4/2001 to 5/2002) ❖ Prepared critique of the traffic impacts identified in the Draft EIR, rebuttal to responses, and testimony at a public hearing regarding extensions of Corona and Valley View Avenues in the City of Norco for C. Robert Ferguson (1/2002 to 4/2002) ❖ Prepared critique of the traffic impacts identified in the Draft Initial Study and Environmental Assessment, rebuttal to responses, and testimony at public hearings before the Ventura County Board of Supervisors regarding intersection improvements proposed by Caltrans at State Route 118/State Route 34 in Ventura County for the Community of Somis (12/2000 to 10/2001) Tom Brohard and Associates M