Loading...
1999 09 07 CC, 4 4 " � oz V S FCFM of 1'N�� � City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La O.uinta, California 92253 Regular Meeting September 7. 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-104 Ord. No. 335 This is the time set aside for public comment on any matter not scheduled for public hearing. 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. ADDITIONALLY, PERSONS !' NTIFIED-AS NEGOTIATIrjQ PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) - ONE POTENTIAL LITIGATION CASE. 2. APPOINTMENT OF COUNCIL -APPOINTED POSITION - CITY CLERK, PURSUANT TO GOVERNMENT CODE SECTION 54956.6. 3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF AVENIDA MONTEZUMA AND AVENIDA MENDOZA. PROPERTY OWNER/NEGOTIATOR: LA QUINTA HISTORICAL SOCIETY. PUBLIC COMMENT - 3:00 pm This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of August 3 & August 17, 1999 ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE 1. PETITION FROM RESIDENTS PROTESTING IMPROVEMENTS TO THE BEAR CREEK BIKEPATH. 2. LETTER FROM STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL REGARDING CHEZ MONIQUE NO. 6, INC. LOCATED AT 78-121 AVENIDA LA FONDA. 3. LETTER FROM DIRECTOR OF PUBLIC RELATIONS FOR THE CITY OF MEXICALI,.,B. C. REQUESTING PARTICIPATION IN THEIR FIESTAS DEL SOL '99 ON OCTOBER 3, 1999. 002 Page -2- 4. LETTER FROM JUDY VOSSLER RESIGNING FROM THE HISTORIC PRESERVATION COMMISSION. 5. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REGARDING THE AUTO CENTRE GRAND OPENING. 6. LETTER FROM JOYCE SPIZER REGARDING A PARK ON WASHINGTON STREET. 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 AUGUST 17 & SEPTEMBER 7, 1999. 2. TRANSMITTAL OF TREASURER'S REPORTS DATED JUNE 30, 1999 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR AN ANIMAL CONTROL OFFICER TO ATTEND THE "BASIC HUMANE OFFICER TRAINING ACADEMY" GIVEN BY THE SOUTH BAY REGIONAL PUBLIC SAFETY CONSORTIUM OF COMMUNITY COLLEGES, SAN JOSE, CALIF., OCTOBER 18-27, 1999. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COUNCIL MEMBER HENDERSON TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN JOSE, CALIF., OCTOBER 10-12, 1999. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND TWO CODE COMPLIANCE OFFICERS TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC. IN LONG BEACH, CALIF., SEPTEMBER 10-11, 1999. 6. AUTHORIZATION OF EXPENDITURE OF ART IN PUBLIC PLACES FUNDS FOR 1999-2000 FOR PUBLIC ART INSERT IN THE COMMUNITY SERVICES DEPARTMENT RECREATION BROCHURE. 7. CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT SERVICES FOR THE FRITZ BURNS POOL EXTENDED SEASON. 8. APPROVAL OF THE ANNUAL REVIEW OF THE STAMKO DEVELOPMENT AGREEMENT. 9. APPROVAL OF A JOINT PARTICIPATION AGREEMENT FOR THE ULTIMATE IMPROVEMENTS TO WASHINGTON STREET. 10. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZE STAFF TO RECEIVE BIDS FOR CIP 99-07, CITYWIDE MEDIAN ISLAND LANDSCAPE IMPROVEMENTS. 11. APPROVAL OF SPECIFICATIONS AND AUTHORIZE STAFF TO RECEIVE BIDS FOR PROJECT 99-10, AVENUE 54 OVERLAY. 66-3 Page - 3 - 12. APPROVAL OF FISCAL YEAR 1998/99 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 13. APPROVAL OF DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN JOSE, OCTOBER 10-12, 1999. 14. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-1 - BELLA VISTA. 15. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-2 - BELLA VISTA. 16. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28457-3 - BELLA VISTA. 17. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-8, CENTURY CROWELL COMMUNITIES. 18. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CONSTRUCTION OF DESERT CLUB DRIVE IMPROVEMENTS, COLLEGE OF THE DESERT SMART CLASSROOMS, ADA RENOVATIONS, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. BUSINESS SESSION 1. CONSIDERATION OF FUNDING REQUEST FROM THE LA QUINTA HIGH SCHOOL FOUNDATION. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF COMMUNITY SERVICES GRANT TO THE COACHELLA VALLEY COMMUNITY CONCERTS ASSOCIATION. A) MINUTE ORDER ACTION. 3. CONSIDERATION OF A LETTER RECEIVED REQUESTING ANNEXATION OF 80 ACRES LOCATED AT THE SOUTHWEST CORNER OF 52ND AVENUE AND MONROE STREET. APPLICANT: BERNARD DEBONNE. A) MINUTE ORDER ACTION. 4. CONSIDERATION OF AUTHORIZATION FOR STAFF TO NEGOTIATE WITH CALTRANS TO ACQUIRE CERTAIN PROPERTY NECESSARY TO CONSTRUCT CIP 98-05, CITY ENTRANCE MONUMENT. A) MINUTE ORDER ACTION. Page - 4 - 5. CONSIDERATION OF LOCATION AND LETTERING FOR THE INSTALLATION OF ADDITIONAL OBELISKS. A) MINUTE ORDER ACTION. 6. CONSIDERATION OF TAX ADMINISTRATORS HEARING ON DELINQUENT TRANSIENT OCCUPANCY TAX PAYMENTS - TWO ANGELS INN. A) MINUTE ORDER ACTION. 7. RECEIVE AND FILE A STATUS REPORT FROM THE CHAMBER OF COMMERCE AND AUTHORIZE IMPLEMENTATION OF THE CHAMBER'S CONTRACT SERVICES AGREEMENT FOR SECOND, THIRD, AND FOURTH QUARTERS OF FISCAL YEAR 1999-2000. A) MINUTE ORDER ACTION 8. CONSIDERATION OF CITY SPONSORSHIP OF MAYOR'S CUP GOLF CHALLENGE CLASSIC. A) MINUTE ORDER ACTION. 9. CONSIDERATION OF AMENDMENT TO CHAPTER 2.04 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO CITY COUNCIL COMPENSATION AND REIMBURSEMENT. A) MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B) MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. STUDY SESSION 1. DISCUSSION OF NEW DEVELOPMENT PAD ELEVATIONS. oo� Page - 5 - REPORTS AND INFORMATIONAL ITEMS A. PLANNING COMMISSION MINUTES OF JUNE 22, JULY 13 AND JULY 27, 1999 B. HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 17, 1999 C. ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MINUTES OF JULY 7, 1999 D. CVAG COMMITTEE REPORTS E. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) F. C. V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) G. C. V. MOUNTAINS CONSERVANCY (SNIFF) H. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) I. LEAGUE OF CALIFORNIA CITIES COMMITTEES J. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) K. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) L. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION M. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (HENDERSON) N. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD 0. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) P. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS A. CITY MANAGER 1. RESPONSES TO PUBLIC COMMENTS B. CITY ATTORNEY 1 REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR 1. MONTHLY REPORT FOR JULY 1999 E. COMMUNITY DEVELOPMENT DIRECTOR 1. MONTHLY REPORT FOR JULY 1999 2. REPORT ON POWER LINE UNDERGROUNDING FOR LUNDIN DEVELOPMENT COMPANY AT THE NORTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE. F. COMMUNITY SERVICES DIRECTOR 1. MONTHLY REPORT FOR JULY 1999 G. FINANCE DIRECTOR 1. REVENUE AND EXPENDITURES REPORTS DATED JUNE 30, 1999 FOR THE CITY OF LA QUINTA AND LA QUINTA FINANCING AUTHORITY H. PUBLIC WORKS DIRECTOR 1 . MONTHLY REPORT FOR JULY 1999 I. POLICE CHIEF 1 . MONTHLY REPORT FOR JULY 1999 J. BATTALION CHIEF - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. Y2K COMMUNITY MEETING IN OCTOBER. (PERKINS) RECESS TO REDEVELOPMENT AGENCY MEETING Page - 6 - 006 RECESS UNTIL 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS PRESENTATION OF LA QUINTA HIGH SCHOOL AND AMISTAD HIGH SCHOOL ART AWARDS. PUBLIC HEARINGS WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON THE 2000/2001 TAX ROLLS: A. STARLIGHT DUNES APN 609-080-017 $4,375.00 B. HOWARD, WARD & CINDY HOWARD APN 646-311-015 156.25 C. HOWARD, WARD & CINDY HOWARD APN 646-311-016 156.25 D. CERVENKA, KATHERINE APN 649-051-012 250.00 E. GARDNER, DENNIS APN 769-062-012 625.00 F. PUCCIO, CARLO & ROSE APN 769-072-008 312.50 G. CARRIERE, LOUISE & JACQUELINE APN 769-072-009 312.50 H. STELLAR, RICHARD APN 769-114-013 156.25 I. LAO, MICHAEL APN 769-114-021 156.25 J. THILAGAWATHY, ROY APN 773-123-023 218.75 K. REYES, MARK B. APN 773-133-008 250.00 L. FRITZ B. BURNS FOUNDATION APN 773-134-003 156.25 M. MARTHA ANN ELLIS APN 773-224-022 375.00 N. CROSS, STEPHEN J. APN 773-271-007 156.25 0. TRANG, VAN K. APN 773-321-009 218.75 P. BURTON, DOROTHY J. APN 773-324-005 156.25 Q. BURTON, DOROTHY J. APN 773-324-006 156.25 R. COOPER, CHARLES V. & NORMA LEE APN 774-051-003 218.75 S. WILSON, DON E. & CONNIE APN 774-201-002 156.25 T. WHITE, BETTY J. APN 774-222-003 231.25 U. DEVANE, WILLIAM & EUGENIE APN 774-221-004 156.25 V. FOUNTAIN VIEW DEVELOPMENT APN 774-253-004 156.25 W. GUERRA, CHARLES & DOLORES APN 774-253-014 218.75 X. BREWSTER, ROBERT A., TRUSTEE APN 774-271-008 156.25 Y. BREWSTER, ROBERT A., TRUSTEE APN 774-271-009 156.25 Z. ALDEN, IVY P. APN 774-275-022 187.50 A) RESOLUTION ACTION. 007 Page - 7 - 2. SPECIFIC PLAN 99-037 AND SITE DEVELOPMENT PERMIT 99-654 - A REQUEST FOR APPROVAL OF THE DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 200-UNIT APARTMENT COMPLEX ON 14.1 ACRES IN THE REGIONAL COMMERCIAL ZONING DISTRICT AND BUILDING ELEVATIONS AND DEVELOPMENT PLANS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND AVENUE 48. APPLICANT: A. G. SPANOS CORPORATION. A) RESOLUTION ACTION (2). JOINT PUBLIC HEARINGS WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS CORPORATION FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND NORTH OF THE INTERSECTION OF ADAMS STREET AND 48T" AVENUE. A) RESOLUTION ACTION. CITY COUNCIL HEARINGS CONTINUED ................. 4. CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 98-369 AND APPROVAL OF TENTATIVE TRACT MAP 28982, SITE DEVELOPMENT PERMIT 99-631 AND TENTATIVE TRACT MAP 24230, AMENDMENT #1, A REQUEST OF A. G. SPANOS CORPORATION TO APPROVE DEVELOPMENT PLANS FOR A 160 MULTI -FAMILY UNIT PROJECT, SUBDIVISION OF 10.17 FOR 160 AIRSPACE CONDOMINIUMS AND ELIMINATION OF A REQUIREMENT TO PROVIDE AFFORDABLE HOUSING UNITS LOCATED AT THE SOUTHWEST CORNER OF 47T" AVENUE AND ADAMS STREET. APPLICANT: A. G. SPANOS. A) RESOLUTION ACTION (4). 5. CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 99-383 AND APPROVAL OF SPECIFIC PLAN 99-036 FOR THE DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 332,400 SQUARE FOOT, MIXED COMMERCIAL AND BUSINESS PARK DEVELOPMENT ON 55 ACRES, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. APPLICANT: MAINIERO SMITH & ASSOCIATES/TROLL-WOODPARK DEVELOPMENT COMPANY. A) RESOLUTION ACTION (2). 6. SPECIFIC PLAN 90-015, AMENDMENT #2 TO APPROVE THE REDUCTION IN DWELLING UNITS FROM 365 TO 320 AND CREATE DEVELOPMENT STANDARDS FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF AIRPORT BOULEVARD, BETWEEN MADISON STREET AND MONROE STREET WITHIN THE NORMAN GOLF COURSE. APPLICANT: KSL LAND CORPORATION. A) RESOLUTION ACTION. If: Page - 8 - 7. ADOPTION OF RESOLUTIONS OF NECESSITY TO ACQUIRE CERTAIN PROPERTIES NECESSARY TO CONSTRUCT JEFFERSON STREET IMPROVEMENTS, PHASE I FROM AVENUE 54 TO HIGHWAY 111. A) RESOLUTION ACTION (11). 8. STREET VACATION CASE NO. 99-038 - VACATION OF A PORTION OF THE AVENIDA ALVARADO RIGHT-OF-WAY, AT THE INTERSECTION OF AVENIDA MONTEZUMA. A) RESOLUTION ACTION. ADJOURNMENT DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of September 7, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 1 1 1, on Friday, September 3, 1999. DA D: September 3, 1999 AUNDRA L. JU OLA, City Clerk City of La Quinta, California PUBLIC NOTICE 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, 24-hours in advance of the meeting and accommodations will be made. 009 Page - 9 - �a� •cam oZ ���VIN U S `y OF City Council Agenda Addendum CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting September 7. 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call WRITTEN CORRESPONDENCE Beginning Res. No. 99-104 Ord. No.335 7. LETTER FROM KSL DESERT RESORTS, INC. REGARDING APPOINTMENT TO THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU AIRLINE SERVICES COMMITTEE. CONSENT CALENDAR Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 19. -APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29121, MSG ENTERPRISES, INC. ADJOURNMENT 010 WRITTEN CORRESPONDENCE ITEM: MADERO ' 99 AUG 4 Ail 10 13 IN LA QUINTA COVE CITY OF LA QWNTA CITY CLERK We, the residents and taxpayers, are strongly against further development of the precious natural desert area at the top of the Cove. We have chosen to live here to enjoy the beauty of the landscape and for peace and quiet. Development in this area is rampant and out of control already. The reasons for this petition are not only for preservation of this land but also for these very real issues listed below, which have become a problem and a nuisance already. The addition of any city structures, parks or parking lots only condones and promotes these problems. The impact and the potential disturbances it will have in this area are difficult to determine, but are assured. A "Rest Stop" will promote: 2. Loitering 3. Graffiti 4. Increase in noise and disturbing of the peace 5. Parking problems and traffic 6. A "tourist atmosphere" in a residential area 7. Increase of garbage and litter around the area 8. Increase in late night and early morning noise 9. Alcohol and drug abuse 10. Broken glass 11. Obstruction of the view of the landscape OTHER CONSIDERATIONS: I 1. We feel that the residents and the taxpayers needs should be considered before the needs of the visitors and out of tourists from the La Quinta Hotel. 2. The wind in this area is very strong. A canopy or unstable structure can blow away causing damage or danger to the houses directly opposite, not to mention cars and pedestrians. 3. A trash depository can also be toppled and the contents scattered. This is an unsanitary condition as well as an eyesore. 4. The money allotted for this project would be better spent on some of the more important issues in this community, i.e.: more police protection and control of the abuse of the law regarding these activities which occur on a daily basis in the desert: • Motorized vehicles, • Illegal fireworks • Alcohol and substance abuse A list of more community improvements can be submitted to you upon request. Oil NAME Pg.2 ADDRESS COMMENTS 012 WRITTEN CORRESPONDENCE ITEM:_ STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Govemor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 42-700 Bob Hope Drive, Suite 317 RECEIVED "; Rancho Mirage, CA 92270 Jv BUG 12 fln 1137 CITY 0F' L;a .-,NTA CITY CLERK CERTIFIED MAIL August 10, 1999 Council Members LA QUINTA CITY COUNCIL 78-495 Calle Tampico La Quinta, CA 92253 CHEZ MONIQUE NO. 6, INC. Chez Monique 78-121 Avenida La Fonda La Quinta, CA 92253 License No.: 48/58-177647 Dear Council Members: This is to inform you that pursuant to an amendment to Section 23803 of the Business and Professions Code which became effective January 1, 1998, the Department is required to notify local governing bodies of any petition to remove or modify conditions on an alcoholic beverage license. Please be advised that the above -referenced licensee, whose currently licensed premises is within your jurisdiction, has petitioned the Department to remove or modify certain conditions on their alcoholic beverage license. I have enclosed the following items for your information and consideration: A copy of Section 23803 of the Business and Professions Code. 2. A copy of the existing Petition for Conditional License, which contains the license conditions, and the grounds for their original imposition. 3. A copy of the licensee's letter describing the conditions the licensee is seeking to remove or modify. According to the provisions of Section 23803 of the Business and Professions Code, you have 30 days to file a written objection to the modification/removal of these con t* s. If you have any questions, please do not hesitate to contact Investigator Danette Wilson�t above number. Davla E! Gill District Supervisor DG:dw Enclosures 013 SECTION 23803 OF THE BUSINESS AND PROFESSIONS CODE: REMOVAL OF CONDITIONS "The department, upon its own motion or upon the petition of a licensee or transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds which caused the imposition of the conditions no longer exists, shall order their removal or modification, provided written notice is given to the local governing body of the area in which the premises are located. The local governing body has 30 days to file written objections to the removal or modification of any condition. The department may not remove or modify any condition to which an objection has been filed without holding a hearing as provided in Chapter 5 (commencing with Section 11500) of Part I of Division 3 of Title 2 of the Government Code." "Any petition for the removal or modification of a condition pursuant to this section shall be accompanied by a fee of one hundred dollars ($100)." 014 BEFORE TBE 26 DEPARTMENT OF ALCOHOLIC BEVERAGE Jd&:q,� OF THE STATE OF CAMFORNIA IN THE MA-mm of Tm APPLICATION OF CHEZ MONIQUE, INC. dba: Chez Monique 78-121 Avenida La Fonda FELE La Quinta, CA 92253 RIVERSIDE COUNTY REG. For the issuance of an on -Sale General -Public Premises License under the Alcoholic Beverage Control Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, Petitioner has filed an application for the issuance of the above -referred to license for the above -mentioned premises; and, WHEREAS, the proposed premises and/or parking lot, operated in con- junction therewith, are located within close proximity of residences, and WHEREAS, issuance of a license without the below -described conditions would interfere with the quiet enjoyment of the property by nearby residents, and WHEREAS, issuance of a license without conditions would be deemed contrary to public welfare or morals; NOW, THEREFORE, the undersigned Petitioner does hereby petition for a conditional license, as follows: 1. That the hours of operation will be from 10:00 a.m. to 12 midnight, seven days per week. 2. There shall be no form of live entertainment or ampli- fied music. 3. Noise emanating from the premises shall not be audible beyond the area under the control of the licensees. 4. The sales of beer and wine consumption off the premises is prohibited. 015 CHEZ MONIQUE, INC. PETITION FOR CONDITIONAL ABC-172 LICENSE Pane 2 5. The Petitioner shall be responsible for maintaining, free of litter, the area adjacent to the premises over which she has control. G. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control or the licensee. This Petition for Conditional License is made pursuant to the 7.)rovisions of Sections 23800 through 23805 of the Business and Pro- fessions Code and will be carried forward in any transfer at the applicant -premises. Petitioner agree(s) to retain a copy of this Petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The Petitioner understand(s) that any violation of the foregoing Conditions shall be grounds for the suspension or revocation of the license. Dated this day of �, 1 -. 1992. C MONIQ I C. Applicant- titioner 016 CHEZ MONIQUE, INC. LA QUINTA, CA 92253 Department of Alcoholic Beverage Control 42-700 Bob Hope Drive, Suite 317 Rancho Mirage, CA 92270 Attention: Ms. Carolyn Richard, Licensing Representative Re: Chez Monique, Inc., License No. 2013487444 Dear Sirs: August 5, 1999 RECEIVED AUG 6 )999 Dept. of Alcoftic Beverage Control Ranr,hn Mirane Chez Monique, Inc. hereby petitions for a modification of the conditions attached to the above -mentioned On -Sale General Public Premises License No. 2013487444 applicable to the premises commonly known as 78121 Avenida La Fonda, La Quinta, CA 92253. The modifications requested are as follows: 1. Condition No. 1 be changed to read "that the hours of operation will be from 10:00 a.m. to 2:00 a.m., seven days per week". 2. Condition No. 2. be deleted. The licensee desires to have karaoke and other forms of entertainment. Conditions Nos. 3, 4, 5 and 6 should remain unchanged. Since the original conditions were imposed, circumstances have changed in that there are now no residences within 100 feet (close proximity) of the licensed premises or the parking lot operated .in conjunction therewith and there are now no nearby residents whose quiet enjoyment of their property would be affected by the requested modification or deletion of the conditions. Enclosed is a check in the amount of $100.00 payable to the Department of Alcoholic Beverage Control to cover the petition filing fee. Thank you for your consideration of this petition. Respectfully, CHEZ MONIQUE, INC. By:17-., Monique P' re, Prestdent/CEO 017 H U, WRITTEN CORRESPONDENCE ITEM: RECEIVED '99,RUG 17 PM 1 38 CITY OF LA QUANTA John PeAa CITY CLERK Mayor City of LA Qp1sta Dear John Peft- I. Mexicali, B.C. August- 17th Aftmu in 11*N!1;N A-4 KI LV6 By means of the present I send you a cordial greeting. The city of Mexicali wants to celebrate with the City of La Quinta fiestas del Sol '99, that's why ifs so imponant that you participate on them. The 1999 concept,CD to 0 videos and for Friends ds and Sister Cities of Mexicali Stand'is interactive. We'd like present id cornouters.withifiternet. That's why we suggest you to send, if it's possible, the following material: • Promotional video of the city • City Shield (symbol or logo) (Sim doesn't matter) Pictures of. the -city, 8 x 10": aerial, historic buildings, culture, representative things, etc. What you want to show. ■ Your h0acp4go, address'. ■ Brochures and promotional articles that can be given to the visitors of the stand. Besides The participation of the city in the stand, we would like to receive musical or dancing groups that .can be presented in the different stages thai'll be installed at the fair, this is because Sunday October Ydwill be a day doclicate.d to friends and sister cities of Mexicali. It's important for us that the City of La Qujat# Orticipates, we hope you can. Expecting your answer, I appreciate the attention you give to the present. Best wishes ourdes Orte9, E. International Affairs Mexicali city Hall XVI Government Direc,016n do Relaciones P6blicas tot. 5&16-0 ext. 1044, 1643, 1"d fax ext., 1648 018 �... .. ;iJJJ lam. •r `� ;JGl OCJV-lb4b AYUNI lit MLr":II:ALI PAGE 61 a►nd Si -its OF Necli! o e let #e i �. ,.r Fax C m + II ra w b a� ��ta� deb SAIT . .. PAN ((!� .11b lUfwtY AiltXN10 To: John PeFta;. Mayor From: Lourdes Ortega. Intemationat Affairs.. City: La Quinta,Ca; Mexicali City Hall a..,. Phone Number. (760) 777.7025 1 777-:7107 Phone Number. (011.52) (65) 58.1600 ext. 1645, 1.644, 1781 or 58.1640 . Fax Number:: (760) 777-7107 Fax Number:.(011.52) (65) 58.1648 If transmission tails, please contact. the: numbers above. 019 i WRITTEN CORRESPONDENCE ITEM: • 1 4 RECEIVED 59 BUG 23 Pal 12 25 August 20, 1999 Y OF LA QUINiA CITY CLERK To: La Quetta City Council Fr: Judy Vossler 771-0199 or 776-6688 ' It is with regret that I must resign from the Historical Preservation Commission, a volunteer position that I have truly enjoyed. I have a deep respect for the work that is done by that commission and city staff. Therefore, I am resigning so a person with more time can be appointed to that worthwhile position.. My new duties with Landmark Golf Company and The Skins Game are my primary focus and do not allow me any extra time right how. I remain loyal to the City of La Quinta and hope you will call on me for special projects or any assistance I may lend to your efforts. e , a 024 WRITTEN CORRESPONDENCE ITEM: S August 23, 1999 Mayor and City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA. 92253 OF Re: Auto Dealership Grand Opening Committee Honorable Mayor and City Council: The three auto dealers and STAMKO Development Co. have requested that the Chamber form a committee to take an active role in the planning of the grand opening festivities of the Auto Centre at La Quinta. It was felt that two representatives from the City, possibly a member of the City Council and a liaison from KinerlGoodsell should join our committee. At your next City Council meeting, scheduled for September 7th, please determine who would like to serve on our committee. We have not set specific meeting dates at this time and the date of the grand opening has not been established. The various committee members will examine these topics. We look forward to working with the City. Collectively, we can create a notable grand opening of the Auto Centre at La Quinta. Sin r ly, r Shelly Morris Chairwoman cc: Chris Clarke STAMKO Development Co. Dave Stark Mazda, Kia, Subaru Superstore Kent Sowell Indio Chrysler (Soon to be Dodge City) Tom Kelly, Bob La Torre Torre Nissan ,Ca 2ttiuta Cllalulicr of C eliumr:rcr 110st Office PeT 255 .Ca Puiuta, clN 92253 760-564-3199 • 3ax 760- 564-3111 021 WRITTEN CORRESPONDENCE ITEM: Joyce Spizer RECEIVED PMB 208 50855 Washington St #C , La Quinta, CA 92253 99 AUG 25 fl�l 10 3`f E-Mail: awesomeiii@aol.com Website:Http://members.aol.com/jspizWY Or LA QUINTA CITY CLERK August 23, 1999 Mayor John Pena and City Council, La Quinta, CA 92253 Dear City Officials, Every day that I pass St. Francis on Washington on my way to my home in the Citrus --I see those beautiful signs next to the mountains indicating that the La Quinta Arts Foundation is coming. I love that. What I'd like more, what with all the construction going on in our community, and before the land is gone --is to see a park with Mery Griffin's on it. After all, he's a major reason our city is on the world-wide map of the art and entertainment community. I'm asking the City Council to consider buying the long strip of narrow property on the opposite side of Washington. That section in front of the elegant Bed and Breakfast, Two Angels Inn, and Lake La Quinta is perfect. It faces the mountains, the church and the foundation property. Don't let that piece become residential homes, commercial use, or worse --a parking lot. Give the artists of tomorrow, guests to our city today, and our ancestors memories of how you protected and honored our citizens. Think sculptures, gazebos, drinking fountains, benches, tables, trees, a small pond, trails, and other amenities. Thank you very much, Jo ce Spizer is/ cc: Mery Griffin cc: Don Adolph 13% WRITTEN CORRESPONDENCE ITEM: DESERT RESORTS, INC. 0 RECEIVED 99 SEP 3 FM 12 51 CITY OF LA QUiNTA CITY CLERK August 30, 1999 Mr. John Pena, Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena: To date, Brad Quayle has been La Quinta's business community appointment to the Palm Springs Desert Resorts Convention and Visitors Bureau Airline Service Committee. Due to Brad's schedule, he will be unable to continue on this committee. As an alternative, I would like to recommend Doug Yavanian, our Director of Community Affairs, to be appointed to this committee. Palm Springs International Airport and airline service are key to our desert operations. Thank you for considering Doug. Please advise him of any procedural matters which might require his attention. Sincerely, ��z Eric Affeldt, Vice President KSL Desert Resorts, Inc. EA/sc cc: Larry Lichliter 023 49-499 Eisenhower Prive • Post Office Box 69 • La Quinta, Ca 92253 • Tel (760) 564-411 1 • Fax (760) 564-7656 PcnwEST- T,it4t 4 4 Qa&& MEMORANDUM COUNCIL/RDA MEETING DATE: SEPTEMBER 7, 1999 ITEM TITLE: Demand Register Dated August 17, 1999 RECOMMENDATION: Approve Demand Register Dated August 17, 1999 BACKGROUND: Prepaid Warrants: 37992 - 37997) 9,389.39 37998 - 38013) 2,747.61 38014 - 380211 2,689.96 38022 - 380291 42,896.87 38030 - 38031) 1,780.00 380321 1,731.42 38033) 317,839.00 Auto Mall 1006 - 1008) 230,326.81 Wire Transfers} 80,028.59 P/R 3497 - 3566) 87,114.82 P/R Tax Transfers) 25,407.63 Payable Warrants: 38034 - 38196) 650,946.60 $1,452,898.70 FISCAL IMPLICATIONS: DemandQf Cash - City $1,073,470.29 M. Falconer, Anance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY DEMANDS $1,073,470.29 RDA DEMANDS 379,428.41 $1,452,898.70 024 CITY OF LA QUINTA BANK TRANSACTIONS 7/30/99 - 8/17/99 8/6/99 WIRE TRANSFER - DEFERRED COMP $5,258.49 8/6/99 WIRE TRANSFER - PERS $13,627.36 8/6/99 WIRE TRANSFER - CREDIT UNION $6,142.74 8/12/99 WIRE TRANSFER - ESCROW PAYMENT - RDA SUBSIDY PROGRAM $55,000.00 TOTAL WIRE TRANSFERS OUT $80,028.59 025 CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 7/30/99 - 8/17/99 CHECK # 8/4/99 1006 STAMKO DEVELOPMENT 8/11/99 1007 NICKERSON, DIERCKS & ASSOC 8/12/99 1008 STAMKO DEVELOPMENT TOTAL TRANSACTIONS $39,420.57 $2,196.00 $188,710.24 $230,326.81 026 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:32PM 08/17/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38034 08/17/99 &00850 ROBERT AINSWORTH 50.00 38035 08/17/99 &00851 CENTEX HOMES 27.85 38036 08/17/99 &00853 MARGARET DURAN 26.00 38037 08/17/99 &00854 RICHARD ELEINKO 40.00 38038 08/17/99 &00855 STEPHANIE GAMBLE 49.00 38039 08/17/99 &00856 CHRISTINA GUERRA 26.00 38040 08/17/99 &00858 RALPH HANNON 52.00 38041 08/17/99 &00859 KIMBERLY HARTNETT 40.00 38042 08/17/99 &00860 SUSIE HERNANDEZ 26.00 38043 08/17/99 &00861 PAUL JUE 45.00 38044 08/17/99 &00862 MAUREEN KLUCK 60.00 38045 08/17/99 &00863, D R LUTZ 52.00 38046 08/17/99 &00864 ROSS MARKWARDT 52.00 38047 08/17/99 &00866 DOLLY COULTER 3.00 38048 08/17/99 &00867 MARGARET CUTSEY 45.00 38049 08/17/99 &00868 JOHN ROBERTSON 52.00 38050 08/17/99 &00869 CAROL SPRIGGS 52.00 38051 08/17/99 &00870 MIKE WINTON TILE 50.00 38052 08/17Y99 &00871 USA PROPERTIES 782.00 38053 08/17/99 A+P100 A+ PRINTING 55.17 38054 08/17/99 AlRO01 A-1 RENTS 33.67 38055 ** AP CHECK RUN VOID ** 38056 08/17/99 ACE010 ACE HARDWARE 736.08 38057 08/17/99 ACS100 ACS/TCS 7180.50 38058 08/17/99 ALL100 ALLIANCE SERVICE STATION 711.86 38059 08/17/99 AME160 AMERICAN DEMOGRAPHICS 69.00 38060 08/17/99 AME200 AMERIPRIDE UNIFORM SVCS 106.70 38061 08/17/99 AMS100 AAMSC SUBSIDIARY CORP 83.34 38062 08/17/99 ASCO01 A & S COFFEE SERVICE 242.00 38063 08/17/99 ATC010 ATCO MANUFACTURING CO 823.95 38064 08/17/99 ATT100 AT&T WIRELESS SVC 792.72 38065 08/17/99 AUT030 AUTOMATED TELECOM 921.79 38066 08/17/99 BEI050 R BEIN, W FROST & ASSOC 96127.73 38067 08/17/99 BER007 JEFF BERLINGERS MOBILE 32.00 38068 08/17/99 BER150 BERRYMAN & HENIGAR INC 2544.00 38069 08/17/99 BIG010 BIG A AUTO PARTS 161.60 38070 08/17/99 BOY075 BOYS & GIRLS CLUB OF 7500.00 38071 08/17/99 BRI100 BRINKS INC 265.00 38072 ** AP CHECK RUN VOID ** 38073 08/17/99 CAD010 CADET UNIFORM SUPPLY 477.88 38074 08/17/99 CAL009 CAL ANIMAL CONTROL DIR 75.00 38075 08/17/99 CAL013 CAL ASSOC PARK & RECREATN 537.00 38076 08/17/99 CAL019 CA ASSOC LOCAL ECONOMIC 70.00 38077 08/17/99 CAT100 CATELLUS RESIDENTIAL 93447.39 38078 08/17/99 CIR005 CIRCUIT CITY 968.67 38079 08/17/99 COA021 COACHELLA VALLEY ECONOMIC 5000.00 38080 08/17/99 COA080 COACHELLA VALLEY WATER 15302.19 027 !1 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:32PM 08/17/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 38081 38082 38083 38084 38085 38086 38087 38088 38089 38090 38091 38092 38093 38094 38095 38096 38097 38098 38099 38100 38101 38102 38103 38104 38105 38106 38107 38108 38109 38110 38111 38112 38113 38114 38115 38116 38117 38118 38119 38120 38121 38122 38123 38124 38125 38126 38127 38128 38129 CHECK DATE 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17799 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 NO. COA200 COMO15 COM030 COM040 COM055 CONO10 C00100 COR100 COS050 CRA050 CVAO10 CVA050 DES018 DES060 DES065 DIE020 DOU010 EAG100 EDA100 FAL050 FEDO10 FIE020 GAR040 GAR005 GAS010 GE0010 GRA007 GRAO10 GTE010 GUM050 HAU050 HER050 HIG010 HIL150 HOAO10 HOL030 HOM030 HOP100 IMPO10 INL200 INT015 JAS100 JPRO10 KEL010 KIN100 KIR050 KOR050 KRI100 VENDOR NAME COACHELLA VLLY MOUNTAINS COMPUTER U LEARNING CENTR COMSERCO COMMERCIAL LIGHTING IND COMMUNICATIONS SYSTEMS CONRAD & ASSOCIATES COOLEY CONSTRUCTION INC JAMES W CORNETT COSTCO BUSINESS DELIVERY DANIEL CRAWFORD JR C V A G CVAS DESERT ELECTRIC SUPPLY DESERT SUN PUBLISHING CO DESERT TEMPS INC D HERNANDEZ DBA DIEGO'S DOUBLE PRINTS 1 HR PHOTO EAGLE/HOUSEHOLD BANK FSB EDA JOB TRAINING JOHN FALCONER FEDERAL EXPRESS CORP FIESTA FORD INC GARZA TURF & POWER EQUIP GARNER IMPLEMENT CO GASCARD INC GEORGE'S GOODYEAR GRAINGER GRANITE CONSTRUCTION CO GTE CALIFORNIA BRAD GUMMER HAULER RACKS RACHEL HERMANSON HIGH TECH IRRIGATION INC HILTON FARNKOPF & HUGH HOARD INC HOLMES & NARVER INC ** AP CHECK RUN VOID ** HOME DEPOT NANCY HOPKINS IMPERIAL IRRIGATION DIST INLAND POWER EQUIPMENT CO INTERNATIONAL CONFERENCE JAS PACIFIC JP REPROGRAPHICS KELLY SERVICES INC KINER/GOODSELL ADVERTISNG RICHARD KIRKLAND KORVE ENGINEERING, INC BRUCE KRIBBS CONSTRUCTION PAYMENT AMOUNT 5000.00 468.75 218.25 2244.45 111.58 4399.99 3333.34 1585.00 881.52 250.00 50000.00 35.00 62.58 5840.64 2999.60 795.00 59.02 1060.18 900.00 64.00 924.75 283.03 34.37 108.12 773.65 33.00 111.84 58.62 3197.53 189.00 426.69 49.00 70.27 8863.34 394.32 8259.60 2183.64 105.00 363.68 34.47 33.15 537.50 397.00 2791.74 1439.81 202.75 5495.30 4050.00 5 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:32PM 08/17/99 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER 38130 38131 38132 38133 38134 38135 38136 38137 38138 38139 38140 38141 38142 38143 38144 38145 38146 38147 38148 38149 38150 38151 38152 38153 38154 38155 38156 38157 38158 38159 38160 38161 38162 38163 38164 38165 38166 38167 38168 38169 38170 38171 38172 38173 38174 38175 38176 38177 38178 CHECK DATE 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17799 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 08/17/99 NO. KUN100 LAQ030 LAQ100 L00010 LUC050 LUN050 MAG100 MCDO10 MCK010 MIR010 MOB100 M00200 MOT050 MUNO10 NAT030 NAWO10 NEX010 NIC100 OLI100 OUT100 PAG100 PALO10 PAR200 PIN050 PRI020 RAD050 RAL050 RAS020 RET050 RIV100 RUT050 SAX100 SCH2O0 SEC050 SHAO05 SHAO10 SIM050 SMAO10 SM0010 SOCO10 SOF100 SOU007 SOU010 SOU030 SPRO10 STA045 STA050 VENDOR NAME MARNI KUNSMAN LA QUINTA CAR WASH LA QUINTA VOLUNTEER FIRE LOCK SHOP INC LUCENT TECHNOLOGIES LUNDEEN PACIFIC CORP MAGAC BINGO PRODUCTS INC MC DOWELL AWARDS McKESSON WATER PRODUCTS MIRASOFT INC MOBILE COMM JULIE MOORE MOTION PICTURE LICENSING MUNI FINANCIAL SERV INC NATL RECREATION & PARK RON NAWROCKI NEXTEL COMMUNICATIONS NICKERSON, DIERCKS & ASSC OLINN MESSAGE CENTER OUTDOOR SERVICES INC PAGING NETWORK SAN DIEGO PALM SPRINGS DESERT RESRT PARK WEST LANDSCAPE INC PINK INC THE PRINTING PLACE RADIO SHACK RALPHS GROCERY CO RASA - ERIC NELSON RETIRED SENIOR VOLUNTEER RIVERSIDE COUNTY SHERIFFS ** AP CHECK RUN VOID ** RUTAN & TUCKER SAXON ENGINEERING SERVICE TERRI SCHWENZER SECURITY LINK/AMERITECH SHADE STRUCTURES SHADOW PALMS GARDENING SIMPLEX TIME RECORDER CO SMART & FINAL DONNALDA SMOLENS THE SOCO GROUP INC SOFTMART INC ** AP CHECK RUN VOID ** SOUTHWEST NETWORKS, INC SOUTHERN CALIF GAS CO SO CALIF ASSOC GOVERNMENT SPRINT STAN'S AUTO TECH STAPLES oz' PAYMENT AMOUNT 112.54 19.90 259.00 64.00 608.69 47827.96 3.50 69.50 368.45 5457.50 67.89 252.00 167.00 2861.15 66.95 1000.00 1849.88 4995.00 80.49 100.00 32.13 90750.00 59244.17 600.00 358.86 20.46 39.59 2175.00 2400.00 2870.40 22480.29 2345.00 84.00 309.56 21513.00 150.00 402.65 55.79 50.00 65.36 449.32 4973.72 414.72 1062.00 957.10 400.91 522.01 6 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:32PM 08/17/99 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 38179 08/17/99 SUN075 SUNLINE TRANSIT AGENCY 256.00 38180 08/17/99 SUP050 SUPERIOR READY MIX CONC 510.82 38181 08/17/99 TAY010 STEVE TAYLOR & SON 3500.00 38182 08/17/99 TER100 TERRA NOVA PLANNING & 2123.57 38183 08/17/99 TOP010 TOPS'N BARRICADES INC 238.21 38184 08/17/99 TRA020 TRANSAMERICA INTELLITECH 140.75 38185 08/17/99 TTI100 TTI NATIONAL INC 7.96 38186 08/17/99 ULT100 ULTIMATE INTERNET ACC INC 40.00 38187 08/17/99 UND010 UNDERGROUND SERVICE ALERT 135.00 38188 08/17/99 USO100 US OFFICE PRODUCTS 829.28 38189 08/17/99 VAL005 VALLEY ANIMAL CLINIC 80.00 38190 08/17/99 VIK010 VIKING OFFICE PRODUCTS 315.85 38191 08/17/99 VOG050 CHRIS A VOGT 298.12 38192 08/17/99 VON010 VON'S C/O SAFEWAY INC 28.52 38193 08/17/99 WAL010 WAL MART STORES INC 169.40 38194 08/17/99 WEI050 MARK WEISS 277.12 38195 08/17/99 WES020 WEST GROUP 1320.00 38196 08/17/99 XER010 XEROX CORPORATION 2203.40 CHECK TOTAL 650,946.60 i r 2 a+ m n .1 pC O U N N N N N N N N N N N N N N N S 2 CDO O O O O CD co OD co O OD (10 co OD F H E E E E E E H E E F H H E a a 0 0 0 Ln o o 0 0 0 0 0 0 0 0 o o r- o ,o 0 0 to U3 o ID �i O" 0 0 Q o 0 0 0 0 °'� i' N M V' co N 'd' O N w tE/i N V1 O o o w m o w w w w `a �U+ E E E E E H W F E H W E U to O O VJ co lz W to O O O H E F H U F WUT.. E P4 w oa w o''a w w w ai Oa �i a r ao ao r oa QC oa U Z z ❑ O❑ ❑$ Q Z ❑ g ❑ Z p Z ❑❑ C] p Z ❑ ❑ w w o a W in in in m in 1 O O O O O N d' In . -i O Ln t+1 n H Z ti 0 m m 01 01 In In e-1 U) In In O In O Fq Ln 01 01 01 01 O1 10 l0 to t0 t0 10 O ko O a am a O OWOOO a o a v v a o - o o O 0 0 0 Ln o in 0 m in o in o O o m 0 0 o a 0 v a v o v o Lo O 0 O in r r r r n r r r n N N v m O O O O O O O O O O O O O O O Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U a' O O O O O O O O O O O O O O rn a 3 O W u] W W � W W ((9 I O O E 4 z ato '' ¢ W H 04 w a WU to w a s m m z P in cai u in ui c� cWi ui m a rA U m W in vi in m u) ao co a% in ui ai a o w �a o a U E U H I-C U co o o E O m 0 0 O O W w w O 0 0 O O w w O O m ao co 0 0 0 0 0 O O O O O W W W W -a co W co 0 0 0 o o O W W W co m 0 0 o O L a 031 lD r m Im rl N r1 a In lD r d' m Ol O 01 Dn r N \ N x OD U' a s N m E N m H N m E N m F N m F N m E N m E N m H N N m m H F N m F r m E N m E N m H 0 M E z 0 O 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 r 1 r �D O 1D N In W N to N m n V ID N W N ID LD N N O In N to �n 1n n M r a o O O o 0 0 0 0 0 o r In v O D M W N N W M W N r1 In -0 M W M HW W N H H m W W N a O tD N OD in m y rEn to � u m to ai a Auc z W m H I W a H E 03 a E ri a ' 8 asO '' '' �3 a 0 ° 0 0 ° p 0 G qq qy C a 0 p qy O q f� a w w W W D W W � W W yq W �yG q > ''w •� � > � �Dy �Dy � 9 � 9 [w� > [w.� �{D.y� •' > w w �a m w w P4 P4 Wi (� ai � o p a m rn o z H q L N m 1D In o m0 a In m cmN O N 0 (nH q z r r -q V LD V t0 V kD r M O m V LD V LD V V LD 'D N 1n O r1 I[1 a a cwa a o w E a W 0 O 0 v in v v in v V in v 0 O 0 o 0 0 v in a v v) v v v n u) v a 0 O o 0 O 0 O O o Ln N ao z r r V r r1 V r r1 V r In V r H V r r V r m V r m V r r m m V V LD V In N O r m 0 r �-1 y O O O O O O O O O O O O .ti V O O O O O O O O O O O O O O O O O O O O O O O 0 O In M in V U U sC O O ei O O O O O O O O O O O O M O O a� W H a a� Ewe� z U a w z s w W a H W W z a s z rn a z w H a a s qo t7 i z WW S N pp E O a a. a vpi v p� °& H W O P� w a " as O s a s z m m H a s 3 "Q� &meµ a O w a a ° ., rD w {a� O w N q $ r1 V V kD 0 r m 0 m U U x D1 O O 5 4 .1c .-1 O a O N U H U H 14 u w m O O a cD tD ID lD m m m m 0 0 0 O O O O O w a s w OD to m m 0 0 O O .a ut to m 0 O w cD ID r m m m 0 0 0 O O O w w w r o 0 0 m '-I O 0 a a O ♦ .-1 w � �C 032 9 2 O m V Ln 0 n m m o H N m V In "N ID r N m N m N m V o m m m n \ In m a s 0 to N H N H N E N H N E N H N H N F N m w E N m 0 H N w m F N w m E N m w E N w m H N rl m E N -r m E N r m H N wl m H N -i m E N m H r m E N m F m EI ar F -i f+1 --I V N N m rl N r 0 N ID m In N m m ID In ID N CO m ON ID V rl m 1� m N ID N a V V O m In O Ll r In --I V 0) 0 O 1: o In V N ID m O L( O m -i O In Ln V' In m ID In N O O m 10 In f'1 m In In P1 In In V 0! m m O O N V N r ID m m o m o In OD r ID m rl o o W O r O a m M co a tC aa a P+ w aa a W W a1 Iti U � aa a v a H a m p H U O �1 w a w w w a w aww w a w w w w w w w w O 04 qz a $ a O lz� a u O (� $ '�fy[W�1 a H O wa a wa a a pa,� 7 payy 7 day 7 Dal1 7 rya11 a wa a ya 7 pal1 a N U µw77 a U r� DW wU W U W W W W W W W W m m W W W W m >+ w w W S U 1 H q 1 a w ul m ID w H O N m m Ln V N V ID O m ID V m N m 0 m V r m N m N m V o m ID 0) m 0) m U' V In N -i N N m N r m N m m ID a O O 1 O 1-4 In -d N H q q H N r In N r m m n In o r In m ID In m ID In o r In m W m m m In N r In W m W m r In r In m V n7 'J '] V O 0 1-4 OD It a w w a o w a w r m m r a m r V m r m w r a m r w m r m w r w m r V m r a m n N m O 0 o O 0 0 0 0 0 o o o ko V m ko a ID o O o V m ID v m ID o ID ID O m m z m o r m 0 n m 0 r m 0 r m 0 r m 0 r m 0 r m 0 n m 0 n m 0 r m 0 r m 0 r m 0 r m o r m n m MCA ID ID -i n ID m o ID m o ID In Im 0 m 0 n �F1 > p u In v In v In e In v In v In v In V In v o a In V In a In In In m In m r In m rl 0 In r4 0 In N o v r In m r In m In In rl In In rl o 0 0 0 0 0 0 0 0 0 0 0 -4 0 .a 0 .a 0 -a 0 In 0 In 0 rl 0 .4 0 -4 0 rl 0 rl z 0 H H z o H E H W U W W U W O pa U m W U W cwi x w w u w a w E 3 3 3 3 3 3 3 3 3 3 3 3 3 3 w w w Ell a a� c� q H u to a a u u u u u u u u u u u u u u u ca a a O p N O F a u 0 r O W 0 I O W a 0 - O W a 0 .-1 0 W a 0 - O W a o - O W a O r O W c o - O W a 0 - O W c 0 - O W a 0 .-1 O W a 0 - O W a 0 --I O W a 0 --I 0 W c 0 2 W a 0 0 -i I-7 0 O -i a 0 W .-I Ott 0 N 0 0 0 U 033 10 y °z r1 N m v m 0 m w m n m m m 0 m O v N o m In 10 In v v r'1 v -0 v tf1 v kD r a v m 01 v v m m r � v m z 2 a a x U N m H N m H N m H N m H N m E N m F N m E N m E N m E N m F N m H N m E N m H N m E N m E N m E N m E N m E N N m m FE N N m m H N 0 ".� E m N o r1 r m ID H m o of m m rl rf .-I m O n r o O 0 O 0 O 0 O 0 0 O O 0 0 O O }I a H H u1 m m r OI d r OI N m N o N N m rl r1 O O 'd m m e-I m V r N H `D N t'1 1d1 m m O m d' a aT H d m m m m N l0 m OI ID r o o m N r r r o N V� N N m v>i v>i vi N m r W W H W r tD El z N A O W E W O HH�1 x a x a x a x a x a W > m W W w wWW H O w H a H a a o Iv -I a a a u z ca co H a m H pa m a N a z � as a5 as ao as m a as u 7� a as a' asa N z m w w m m m u e! u 1 u V u D u N a u u u u a ra H A 'Uj I H A '✓ H a Rj VD m 1 d' m 10 � m O 1n M tD ID O In r+1 In In n1 tD v Itl r'1 O m d' O ut m m o o m N N O In O o o m N V' y 01 V' H r O It O o ID N r1 N In 01 v in Ln n wf m O m O N u1 N N u1 N u1 r N N 1'1 r N r N r H O r1 O rl O rl o O 'i O 'i 1 m N v m W W m rn m m o m O m m m W OD m m a cwa a 0 w p. ( r a m n vm m N m O lD ' m o lD m o O m O l0 m O lD ID O m .-1 ID .1 ID O Io m In m In In u1 In In ui In In In In In In m ui z m O r n O r r+1 m O r n 1 ID m n r1 ID fry u+ rf ID m ut rf m m n r1 m m In n ID nl N 1D .-/ N ID e-1 r 1 tD r+l N 1D H O to m m H ID m O m o m O m m o O w w N N m m O O w w N N o µ' In o ul O ul m -4 O n .-4 .-1 O In H .-1 O o .-1 .-4 O o H O u1 H O u1 m 1-1 O o In 11 O n O ul O m Io .-4 O o - H O In Q rl O In V rl O In .a rl O In u) v d' •-I rl O O H In v v rl .-i O O 4 H O U O U O U BOA a z HH z z z z z z O p u, z H a z H a z H a U > m U > m U > m U m U ai w O u w w w id E m QQ S RC H aH Q H z pH', H aH pHy IC rC H H aH (M� 4 4 H H w w w 3c w w E++ Z x a 4 a a a O U O U O U 3t E a x H us E W 3c H w E a Q FU Wm w w w z O 9 o o o o o o o o o o o o O o r o o o o o o o UP u o o a o �' RC .-i H H a .y 'i M o RC M o a m O �a RC m O m o a In O w m O w m m w ut a Wm ut a w In In '-I 1-1 a a m w m m r rl a m m 034 01 Z O 1l1 .i 1l1 ul ul l0 N n ul m ul � O ul 1D .-1 1D N lO eel l0 a} l0 ul 1D l0 r l0 lD t0 l0 Q1 lD O n N r t+l n .i r 01 n .i 07 O W U' a s 6 W N CD 01 H N D7 CD H N coO E N m F N m H N 07 F N N Q1 Q) H H N m E N m E N w O E N m 0 F N w W E N N w w m m H E N 0) w E N w (D E N co H E N .i P H N co m H N •i O H 0 t'1 H F O 1D O O O o O o 1D 10 V' n O 0 O 1D V r r 1 O O V� sV P1 n N N N 111 N 01 a1 0 O 0 O 0 O 0 O 0 £ 'I. .7 Q 14 l0 rl o o n 1n 1D N 1, o m rn N r o m l0 LD 1'- .-1 n r r M rl CD 1� l0 rl m r o N 1n r of n m 1!1 o r w 4F 0 10D O O m 0 O a v 1n N ID 10 .i v1 U � O o In r 1n O N 1� V 1c'i 1` v) z H H Q G" D+ 0 w ri H x Q a co [mto U �i a a s a ~ q H 0 � "yam( N N H H H H N z 'jN. N N 44 z N N z W W � U W H q I z a W CD CD m t+l I to o ri -0 �Q t�l b r Vl ul ul lD N N et V N N H q H q H zi N O w M N O '-I N 1n w rl N 1n w IL1 N D1 1n 1L1 f'1 N N 01 m o 1D IL7 N 01 ul IL7 N 01 ul PI N m 1D a N 'i b a N H 1D f`'1 f'1 N N m m 1D 1D r-1 N 0 1D r-1 N m 10 4 PH, w w a °w o E % rn �D n o o 0 0 O 0 0 O 0 0 O 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 O O 0 o O o o O O O O 0 0 0 o O o o o O Ssl` Z [y `L a O 01 •i 1D r1 O In n 0 1D H u, r O 0 '-I ul r H 10 n 1n r rl w m In r H 10 m 1n r r rl rl w w r m ui ut r H 0 m 1n r n H .i w w " r ut u7 r •-I w m 1rf n .i w v of n .i w m 1n r - 0 a 1n r 'i w m 1n r 0 a ut 01 1D N 1n n n 0 1D 1D 1D N r N o u) 0 U rl 0 1n H o 'i H O ' ei o 'i 14 0 1 rl 0 H i .i 0 0 .i ri H o H H H 0 o H H H 0 H H 0 e rl 0 H N 0 H ti 0 'i N 0 H rl o ri rl rl 1n O o 0 H H V �+ o o W o w ] it a w o D+ w w 0 w w 0 !1 N a w w a o a i1 w a o %1 >+ w w a a a o N w w o al w w a al w w 5 ii w a 5 a1 w a 5 N w N a a a o U L) Q �a o u w 1a w pa H F oa a r0ani C9 cHD W v) 0 �+ vl 0 J VJ EO 0 �7 u) V] 0 0 N NIw-I^jH. W 0 J V] w o R 0 0 J .7 uJ 0 V! 0 'J u1 0 J ul 0 r7 uJ 0 7 v1 o H a s U pU u� co to O iW+ d a to q ry' PHD W H w E rqw� U E w E w H H qw� qwy U U E w E H rqw� qwy U U H w H rgwy U H w u H w H qw� U E qw� U yy as U W v) a c1 i w o O o a~ c0i H I� u o .ti o w n n o o w o O .i a as o .i o a u o .i o a u 0 '-1 o u u o o ./ 'i 0 o w a u u o H o a u 0 0 H ri o 0 u u u u 0 .i 0 u u 0 ei o a u o '-I o u u o ti o a u o r/ 0 u u o H 0 a u rn o o ri u m M m o 0 0 w u u u u 035 12 d n ill r to r d N m r O m . -i m N m m m d m n m r o m Ln m d N m d N o Ln N - Ln N cn r O rn .y m 01 01 r H \ to OD S U NNN n N N N N H N H 10 H - l H H N N N o D' m E m E m E m E m H m H m H m H m H m E m E m E m E m H m H m H m E m E m H m E tf H 7•W d ul v1 m O O n 19 O O O O fit r 01 N N O Ln H �D O O N u! O N m d d d m N O O ut n in N i N n d d O LLl m ID O o m ti m n in r n m r 0 r1 m w w m O o w m - n O o m 10 m H ID N m D\ 10 H� m m Ln d N o D+ n o rn o Ln a+ a tH-1 a to o O Invi O r'1 o O Ln b d W D1 p 2 a 4 H W vI m H w o H p Mofo a mA a InH- > o offo E m to W E offo H of m H 3 H u u u u u u u u u u u u F a ~a zWo s Ggsy pq�y 0 0 l� o pmG rpnG pwG am am ym, m pm; Ipny pm; pm, Ipn; yo z yo per, yo W �yo7 'Z.£ E E E E E H E E H H F H m q H H H o 4 4 4 4 4 4 4 4 4 4 4 4 » »> z > A a W w rui A a o o O o o O o rn ri o m rl N N1 m o H o O o o o O m o H m H M 'm H H m H H rn 0 N H A H q H 'y D1 N rl N rl r O tD r O tD o O in o O O o > O o �D r O lD O in in > > > o O a � awa a o � w a 1, m o �D lD Ln O O1 0A m Ln Z O O %D n 10 Al 1D N tD m N m cc O kD co ID co to U Ei 4 O O O O d m 0 O W F O > U E 4 U H H H z E-4 � w mw mw a n a O U o .O O 0 0 0 U U U U E+ H 0 z U 0 a U O o O O o O m o m n m n N m O O O O O O N n In O O O 1n in �n 1D O O O �D �D 1D T 01 01 H H d m O O O m m m N N m m w kD �D �D 0 �D �D �D �D w �D w �D �D �D w �D �D 0 0 m n n O O 0 d N N m d d d o n Ln n in m o o n n �n Ln e-I M M 1D 1D LD d N fV d d d -} O O O O O O O O O O O O U E� a 11, a a a a a a a w 3 3 3 3 3 3 3 3 3 3 3 w w w w w w w w w w w w w 555 55 5>> > > > > > > > > > > > a a a �a7 Wa a a day Wa WaW ja] Wa Wa U U U U U U U U U U U U U a 4 4 4 4 4 4 4 4 4 4 4 4 U U U U U U U U UU U U 8 U H O o 0 0 0 0 0 0 0 0 0 0 N m m m m m m m m m m m m 0 0 04 0 0 04 0 0 0r� 0 0 0 0 O 0 6 0 0 0 0 U 6 0 0 0 U U U U U U U U U U U U U U O N O n O �n 0 0 o m w In N O N i H O O z O H � z U 0 u 036 13 a a p z to CD r m m m a m d a In a 0 a r a m a m a O o H N a m m H o H N 0 H m 0 H d 0 H 0 0 H w 0 H 0 H m 0 H a 0 H r O n OD O W C9 � 1C a a 0 x U H ,y G4 N H m H N H m F N H m E N H m F N H m H N H m H N H m H N H m E N H m F N H m H N H m H N H m H N H m E N H m E N H m H N H m E N H m E N H m F N H m F N H m E N H m H N H m E E m m 0 OD d In m a .-4 N Ic s m d m In H H H O o O O N t'1 Ic In l0 d O In m N N In ri d d H rl In a O N O -! m O [� m m m Ill 1'1 t- 10 lD ID t` 0 LD lD t0 Ill m N m d N m m P 1- N H N to O O N Pl r N m a n n m a d o N CD N d d N 1n H H a a a In nl m In f11 O W Ln 04 m In N -0Al a H N ,[aQyi 0 �pIpQMH �'1 H O I-1 F W H H H Ri S W [zi] w HHH Vl E [UyI S `y' E S OI pH QH [H (H� H H S H W � � ❑ � �y❑ S W z oQay B W W rrr»>7 N (a� H aW 7 H pal 7 N paI 7 H a M Wa .7 M {a� .7 N Wa 7 w w w a a a w .0 FC C 4 z w w w w w w w m H ❑ O (G W d d m O O ID N 115 w N 1I1 w N In 10 N Ill w N Ill 0 N Ill w N 4l O {O H a H O m H O H O H O H I H I H I H 1 H ❑ H ❑ H m d m H In m O In m H l� H 1 a a 1 a a 1 a a I a a I a a I a a I a a In m d 1n m d a H d m a N m 2 a N m m a N m m a N 1'1 H 0 H1 H In f'1 H In f•1 H m H pC a (yzp� w a 0 o w H p: W (1J n d m n d m n d m d w N In N In N In N In N In N In N m Al In In m In In 0 O 0 .-I H m N O m d m m O O O O O O N O m H H m d m m z m O 1. rn In m O r d Ln m O r d Ln a 1-1 H O m O l0 H In 0 O ID f+l H Ill O ID f+1 O Ill O ID 10 O Ill O ID lD H Ill O ID N O U O ID In O m O w O In m 0 w O In H w N O O m O 1. I'1 vl m O r Al In m O to PI ul H O to H In H O n H O of O 1- M In m O f- m m m O r� N In O U U FC d H o H d H O H d H O H Ill H O Ill H H O H a d d N a m d N a lD d N a t- d N a In O d a lD O d lD H 0 d lD H O d O H O H 1-4 H O H H O H H O H H O H H O H O H O I J z z H [a� H H > 9 V.yl 0 0 0 �+w�, [+m�, �w7 �.m7 �m7 [.m7 �,w,7 z �0-I z 0 a ❑ a Li a Cl a Li a Ci a ❑ a ❑ a ❑ q H a H a H a w z o H UM O m m VMV O w m VMV O w w 4 VH O w w 4 CHI O m m 4 u O w m 6 O w w 4 Rom+ H w O a H w O W 7� 0 W z H 5 W z H W z H W z H W z H � W z H W z M > W z H pA Iz-1 W O u U Wgu £ �i c~i U IyU-1 £ Pi w 8 adi Z 8 1a 8 w u 0 U w U a u U S u U S W£3 I� �i as O al rn 8 as O o7 w �i cV w �i W O a1 O R! m Fm Z O O O i.l Wz > O d O o d Ogg o d O In In O O H O O H O 0 H 0 o H 0 O H 0 O H 0 O H O O 0 U 0 O 0 O H U 0 In O 0 Ill O U O In 0 O Ill O In 0 u O Ill 0 U O In o Ill 0 U H 1y U U O U U U O U O U O U O U O U O U O U pH O U pH O U O U O U O U O U yO O U O U 8 U von O U O U 037 14 rn rn z ri ei N rl �-/ 'i rl rl rl l[I lfl v ILf KI 01 rl N N N N n m m U' w a O x U N m N N m E N m H N m H m H m m E m m H m m H m m H m m E m m E m m m m E H m OD E m m w w H E m m w w E E r1 • FI �Wi £ H O o O n O O O m O O O O O O I[1 m m 1t1 N ID O V' I0 0 v v m m r m N r m LO m m lD In O l0 O O O ID In O 1 O In In O O N O m 0 m N 1D O O I11 01 r n O 01 r 0 N m .-1 a 1' m N a N u'1 O O n O O O O m In N '+ .y V ID •i O ID O O e-i m OD W O O In N iC C. a z O O O In I[1 r1 N UD O d' In O, m N In m n W H [p� F E4 H F [9�aI F N px �9�a1 E [Q�a� F [p�a� H z z z z [9�a� a {oµa�' I{0 {soq� �9a1 a N Iu-I pFI m a z W O a z E a a S N PI z a z a y a v~I a W a$ a F E E F a z 8 c�nl v��, ur to 94 w w o �a w 3 W a qa a 9a a u c�i u Qx m� IUI Q I -I Ci z N a w 0�1 .-I O OI 0 a,m r m r r m m r m m N m m O In N V 0 In In m In m In In m m N N .-I n O ID m .I I.1 O IO m a .i In H C a a z ei RI N In v ., a .+ a .+ v .� m In m In m m In In n .a rl '•I ..� .y m O In H w w a 1 O W {q O O O rn ON m O 0 O O O O O O O o O O O O O O O O O o O v m v In d' v In In In ID rl (n N m m O O O O O O 7£ z r m ID -0 In In ID v In ID to V M a W N M 0 r r m v w e-1 m v w 'i n v w e-1 m v 0 'i m 0 In I.1 In 0 In N In In 0 0 o In I-1 N m 0 ID N m m 0 0 n n N N m m 0 0 n n m m a Q U U In m O rl v ID O In m O N O V' O N O v O v O '-1 In In m v In m In In m m O O .-I 14 .t 0 .-I 0 0 .I 0 v 0 .•I 0 0 I-1 0 ,-I 0 .-I 0 .-I 0 .-I 0 .-I 0 .I 0 0 .d .I 0 0 .� 0 0 0 0 .� .-I 0 0 0 0 .I. .d a a 0 U' z 0 U' z 0 U' z 0 U' z uJ O W x x a a x x a a o � �i con U of I~l ai a a ai a P. ai I~a a z m z rn z z a /� W '•I .I .•I e-1 a z U U ya F F p£mI p£mI F F N 2 2 'L 'L a w o > `a vwi ai ai ai of vi vi z vi �a P°a Q O U �+ 0 O 0 u 0 0 IOIpyy U 0 �-/ O U In In O>> U m rl O' A o Ip O A 0 ID O C 0 tD O q o l0 O A 0 O 0 L] l0 w O A w u, 10 0 O O A G 0 N O A 0 0 rl N O O q ❑ 0 0 O O 0 0 G G 038 15 v N 1n N w N 1n 1n w 1n .1 f•1 r N m N m N O r1 '1 nl N f•1 v (A Al M Ifl !•1 w t•1 r r•1 m Pf m m n rl \ m m 04 W U N m EAH N m N m E 10 m E o10 m E m E N m N N m HHHH N m N m N m N m H N m E N m H N m HHHH N m N m N m 0 o o 0 o 1n n o in 0 o 0 1n O •FFC• m 1n N m m w w m a m o O Ot v w m m V N m .-1 r .-f n rf N m m N a m m o . -1 o d w rl a M w o ai co o o o o v n a O m 1r't .N+ a m 1n w O .1 o m w N m m N rf O O \ W UJ W W V! W H a m w w a a'CC mpq U �z ` u w m 8 R a a FA a w A a to o R o 5 r�ai �w �a �d m a 7 a a a a m w w " a m u�i °a o °u E o 0 0 0 vi w H o w M m m r1 w v w v w v w v r� r 1n o m o 1n o 1n o H H q H 'Z .- rl .-1 n m m r 0 V m oo m N M v w r w 0 r w w n a w n w .1 N No w m O m 0 O m 0 O m 0 o m a w a 1 a o o o r v m o o O o O O o O 0 M N m 0 0 o N m 1n m 1n n N m o o 0 o m d' w n N m m V w w v w w V' w w " w w v 10 z m o n M m o n v m 0 m n u u) m m n o r- n m v w In n ri w .1 1n o w m m 0 w v 1n o w w o v w try (n 1 to 11 m o r v m 10 1-1 m .+ w 'i m .1 w 'i m 11 w .-1 m .- w .1 p O u o '4 o 1n v 0 Lo m o 0 1n m 0 o .1 0 1n .1 0 v w 0 v w to 0 v m w 0 v 1n .1 0 ,1 o 1n 0 1n 1n v 0 .1 0 1n 0 1n o 1n o 1n o o o 1n o m o 1n o 1n o 1n m w w w w w w w w a a a o 0 ED z m o 0 0 o z a m �' w �' w w m �' u z 0 ,T. W ? O O O iiR�aj� t'1 a W W W iPaj� W O Wi F. N H H H m '' z o MOM w w w w w w 99 �z o ao o o 0 o 0 o 0 o 0 0 0 o o o o o o o in o o o o U H o sC 6 6 2 � 00a 4 to po W w 0 W w 0 OO W w 0 W w o H W o U' a8 U' 0 U' o U' v on 4 G V ol y U' 039 16 Zrl 01 In O d d .'I 1-1 d 1-i d '•/ d d e-I to d .-I w d 1-i r d 1-1 m d 1-i 01 Ln 1-1 m d ri O Ln e-I N m N 0 1-1 10 1D 1-1 1-1 N tD .-i m tD 1-i O\ 01 r 11 o- OD O W C9 a s 0 m fj H � N w m E N N co co m m F E N 1-1 m E N w m E N 11) m H N co m H N m E N m E N w m F w m w H N co m E N m co H m Go m E tD to 1•i w m m E H tD OD m H 10 ti m H M E•1 7•W £ F N to m to N m I(1 m N v O d O O O 1-4 O O M N d m N 10 m 111 It �! 10 m 01 m r N N m N d m N Cl d O 11 H m O Vf r X1 T 19 1D N O O O O H m N N r N O r d 10 a p rl .-I Ln 19 m O O m ri d m N 19 m r N t'1 In M r .ti d O 01 O 10 O1 10 O O O1 r N O m m r n1 .-1 1(1 01 m N d r 0 M H z a w puab w w puab u oa a �a7 P4 aW oao w N a a E > rD > v! > m > m oao a ao z � O D$ ca a a z z Z � o o o �° z z 04 �a zIIIrn Az rn4 � m w w c� c� c� aLO E F w m 4 04 a a a H A I a W ' D1 dI t I dO d0 -01-I 01 to N r -0 r N m m r- -0 m m 0, m 0 O N mm dN N Hq H Z O O 01 OO O O 0 ' N N O ON N d tD 1n to m tD 1tt 10 to N d 0 r D1 a w as a I o o w H a W tD d 10 01 to 1D d d m 1D 01 m 01 d tD o1 01 d tD 0 r N m r1 d m m 1+1 O O O to O O O to O O O to O 0 O to N 01 u1 01 N 01 m D1 O 0 O to N N 01 O1 to to m D1 r d m m N d to 1n z �-1 N to .-1 1-I 1D tD •i tD ri 1D O r O r m w N w m w m w O %D O 1D O r O O tD to O 1r O 1D y 17 Q U U 1� -1 O 1n 'i O to 1••1 • O O In In 11 H O O to to r1 O In 11 O to 1-1 0 1n 1•i 0 In to d 'i O M to d 1••I O .i - O n 1-4 r/ O .� O to 11 'i O 1� O o 14 ei O .� O 1n 1H 1-1 O ,� m to N 1•i O .I m to N 1•i O m Ln d 1-I O 1� Al Al to 1n N N '•1 N O O .1 .I d to d '•/ O .•i _ N O d 1-1 O .-I o Urn U z � O O E•1 N H M H Ng Q a .4 z H z z N N 0 O 0 m W 0 W 0 M 0 M 0 H 0 H z Z O 0 U E w o .ti von W O o 1-1 .-� o 0 W 0 1-t Oo W 0 .-•I O 0o W r o 10C a4 o .-1 0 0 1-i 0W7 H 0 .I 0W7 H 0 .I W 0W H O 1-I W op� E O to O 0 1n o O to 0 4 o 0 In In 0 0 0 .i 0 0 In 11 P~C p~q 040 1 d ID ID r m 01 O H N 'm d In w r m 01 O H N m -0ul ID r ID m ID ID w w r n n n n.r r n n n m m m m m m m m z ON ON co U ID 10 ID ID ID ID ID ID ID 10 1D ID ID ID ID w w 0 w ID ID ID ID ID O w H H m H m H MOD H H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m H m S 2 H H E+ E+ H H H H EI H E+ H EI E EH EI H EI E H H H H H a a 0 o N o o m r 01 H N o m H H m r ID m d r1 o m d ID r P1 H O ID 19 u1 d a, ID r H H d ID D+ O 1'1 rv1 O o r m d H to 01 Ol O N m H In m N d u1 01 N d N O r1 O rl O r In m H d ID In N N N N In O r In In O O d f'1 m O1 O r1 H In 01 10 d m r H m d N H H H H N H W O rdi 1N 10co D 11D 11D M to --�p 01 O i O E 01 In ri m In O ri 10 m m r1 O O N m H N H r1 f11 0 H E as H 4 Z U U U � rn m m w m m m w to to H M a as 8 iQ. U wa iG a S a z z 8H H H m H N w H H H H H M M M H H Oa $ H H H O W p FH• H U m z UI U' z A A 0 a a A 0 .a a a a A A a a z In 4 W m A a a a wa a of m w m m m w m m m m m m m m m w H W W w W 0 H q a w 0) 01 H D 5 1 d O r1 d r1 d O m m m d H H O d O 01 O n N 01 m 01 m H m H m 01 m r1 m d In d In N N O H O H n N H q H r1 H H m m 01 m m O1 N O O H m ID H O O H r H p �l. In N 01 01 01 O1 d H O O N T m 01 m 01 d 01 N m O r O r N O In H O H N O H H H H m 01 'J N r1 a a w w a 1 0 w a O O O N r1 n n n n n Ln n r n r r O r n N r 01 N 0 w H ID H ID O o rt In r1 m .0 m -0 m d m -0 m d m N N m d m d m d m d m d m 0 o d m d m O1 In P. ID H 10 r1 ID d ID H H 01 In rl r1 r1 r1 r1 r1 rl rf r1 rl rl r1 In r1 rl 01 m n n 01 Z N N O O O O O O O O O O O O O O O O O 0 m N N H ID 0 ID ID n n r n n n n n r r n n n n r ID 10 ID ID ID [E� 7. r n r r In d d d d m m m d d d d In m d N r1 d d H In In In m In In In 1n In In In In In u'1 In In In In In 0 o In In O Q r1 m ID ID d d .0 .0 d d d d d d d d d d r N m d d in 8 H H H H H H H H H H H H H H H H H H In H H H O O O O O O O O O O O O O O O O O d O O O H H d d H H H H H H H H H H H H H H H N H H In Q to � Fi U H H H H r1 z z 0 0 0 W o H H N H N 5 Ul w ILRz-]jI M z w H 8 8 8 8 8 8 Pi H Pi p14 H RG sG t� Iy 8 13�pI V Cl. V 8 V 8 V 8 V 8 V 8 V 8 � O aH aH N a x x m m g q q O p p p p p p p p p p p a a aI a z' x x x x m m H m dQa aQe aQc O >+ U E O O O a O a 0 O 0 O 0 O 0 O 0 O 0 Og 0 O 0 £O 0 O 0 Og 0 O£ 0 gO 0 gO 0 £O 0 O 0 H 0 O 0 O 0 O 0 Na O 6 6 O 6 6 O O Z IC U x x x x x x x x x x x x x x x x x x x x M H H H 041 z Ol m O Ol 1-1 01 N Ol nl Ol d 01 1n 0• to 01 nl r 0) Ol M Ol O 1-4 O O N O nl O Ol Ol r o W x a a a 0 x 5� H H 14 P H lD ri m E ID H m E WID H m E W co E 10 • m H WlO H m H H m E r H m H l0 l0 OD H P m H E �0 lD H H m m E H wl0 H m F H m E 1.. f•l [1 E Ill � O In Ol ui 01 m N o o ao d rn H O Ill r o o o� o o o o d In o al m r W d N N W N d 01 10 01 01 M N O In O fn l0 01 O O In O N 01 a r d nl In H nl O vl 1n O o nl d r .+ W m d [�y.I 7r Ilf r N N z O O N M Z o r1 In d 1n o o O O d O d In N N zK.1 6 �p � OD 3 W O 1H H P4 a U o� ❑ 9 � of O tq W W Hp ❑ 1fW�� LG pc�4C P4 of 4'� � OE O E H � >4 Obi tit of L] P4 F � 1Zi a 1\-1 '�C OH q Wg s17 N x w ❑ a a a a w w m w w a a a a a H E as w H H H O S 1 '.L a W ONl o d t0 d N r 10 Ill N ILn N 10 r0 01 m H 10 r .-/ m d ul O I Ol H ❑ H ❑ 1-1 H z - co m Ol O N In rl l0 10 10 Ill rl rl 10 l0 rl 0) N co N Ol NIc O O Ol Ol .-1 N N a as w x I Q o w E R'. O o O Ih d ul nl In In N nt N N m Ill d m In d nl In N N 0) nl 0\ Ill O O O O O O O O O O O O O O O Ol d %D z Z .-1 ill 10 d In O W d 01 O 10 N In O W r In O t0 10 In O In N 1n O In N nl d l0 nl In 1n 10 d M to O o l0 W r N Ol In O o w 10 nl d 10 l0 en H w H .'J p U Q Ill nl Ill M H d 10 H In to H W 10 H In d In d O . -I O .-1 W nl l0 %D H H In 1n d d Ill N H O In H o O O O O o o o o O O o o O O Itl w U Wz o z rn z z Q Q H H O Ipn� OW l=1 rn U to U co U H H $W4 9 H H H H .�. O H H O O x RC WE, 0 U x x x W to ' W �jH INj jaWj jW� U U F7 N a ¢ zd k. U a Duo ;Qaqy R `W Cog R a vi C co oQ C7 Q4 Do w w QH: H z Ca' W a w o i H n h o Wa ri 0 h 0 mWa 0 A4 0 Ws 0 1H4 o z 0 a a 0 x 9 0 0 a � am M o o o ya fi 0 U H C-I vI o a PI o a h o 4 h o �W(-al� D4 o 17 J4 O H z JH4 Ill O zc{-.�� Ill o O Ri Rai K O O •i H pHp�C xH HO P4 O .I I n1 O t7 042 19 .-1 .H r-1 ey zN -0 O In O N 10 O N n CO O O N N O1 O N sf N N O .-1 N .-I .-1 N N rl N N rl N V' .i N In rl N IO rl N In N N n .� N O1 \ r O W U7 IO IO 0IO 10 IO IO wIO W1O m co W CD W coF z a a ?J co ccE ap E co co H H co E m H O E CD F H OD H CD E F E H F 0 E.1 H 0 O o O rn �O m m n N IO r o O N 0 In 0 In 0 rn o n V In m o In r 0 O o o O o rn m o O N 71 m In N V lD O l0 Co rl .� N I-1 4 r rn q L I'1 O1 40 ID o N w ID n rn V' .. 01 N t` lD In N a rn o o N .4 rn uOi uoi v on a°o Oi (n -t IO m O n N ri Ol ID Co a ID IOC I�- n O n Io N lD z In z Hp E F �I H W a W W W a F W E O w H H z H z H a w a Z" w a > `a a 5 a m w c� rah VJ w U a a a a O z ❑ Cl Q ❑ w a a H w w I --I ❑ I i W O1 01 H W O O V n N rl n O1 sM O N OI N N C1 a) H z In N �'1 N N r1 N O u'1 rl coko N ID m o ID co V IU dD N N m N O N V ❑ N N H p ❑ O In ul Il1 N Ot .-1 rl .-1 N N a w a ° w a W (,q O m In o O o m O IO O O o O O O m N W O o O O O O N O OD N OD CD N m CD O IO O IO O W IO IO 01 In 'J$ p1 O 10 N o n OI O ID N N N O O IO IO d' a rl N IO d' N O n N n O IO .-1 N O n N N O n N N O n N M o 10 N 0 O w N 01 O IO N In N IO N 01 o IO N U U d IO In o O n ll1 rl O 4l rl O 1n Ln H N O O Ill o O O o O O v o O Ill .i O o 4l .-1 O o In rl o O rl Ln .-1 o O rl In .-1 o O H In '-I O o rl In rl rl O H In N rl O 'i N ~ Ul W op U 0 U o U H U U U o 1 H o ' z M y°�j i3i w H U a ci H U a H U a ❑ 0 z gm a a a z. z z w a z OI a a RC a a x 6 C`E �+ �' z W R z W Q z W 2 m U a ❑ O m m O m p O m m CQ w FQv VJ v°i 4/! 9 9 U a w w a " o 1 o °a 0 a 0 a 0 a 0 a 0 0 � 0 2 0 E� 0 0 E z z 0 0 0 O o ° yI u rl O In O a n O n O In 0 o '-I r O .d O I O O O O O E 2 x o 0 H N 8 043 20 ID N m H N DI H N O N N rl N N N N N f'1 N N r N N OD N N Ol N N O N N r'1 N N v N LLl N ID N N r m Al N N N m N N O N N N M rn r, Q z N m 0 w D ., ID .-, w H ID H D ,-I ID H ID ,-I ID H ID H D H ID H ID H D .-I ID H D H ID ID H H m m ID .-I m D ID H .-I m m ID H m o W W m H m H m E 1 m E m F m F m E m H m H m E m EI m H m E m F m E H H E E EI E O N O O m r In .-1 N N ID 1- of N In In In of O O ID v N v O O O O O O O O O O O O O O O O O O of It '� a £i r w •-1 m ul Al v I[1 V' v r m ID r In Ol Ill O .-1 N ID IO 0 O O O O ID IT d' N 0 m ID m O m In N O m O O Ul to m r 0 m ul m o O m INn N to H IH m N IU IUD O O H a a W v m U .-I H U H tad U H u H lay lad U U H H u H I?�, o U Dl H H v �a w rn rn rn rn m rn m [ z F z H z H z E zp z F+ z F z� z94 F+ z a z F �+ uwi z u a 4 RC C a a w' t m o z o O m a In z o 0 0 0 0 0 w U rj-I H�-I rai a .4 a z z £ z p z HpFp. I zH� qSq z p zp 1p44 E Coo4 H �mE.I a M y ra F U P4 F O Ll W H H F E E F H E P4 p U to H C ' H a M o H a N o H a H o a a u u Z p ZO U u �a ,u, o x r r r r r r D\ In O N r ` O Ill Ill O i N I N I 0 ID 1 0 ID I 0 0 ID ID I i 0 ID I 0 0 1D ID I I v H p zN cm ID Ill H In H Ill I-1 In H Ill H Ill H N In r of r O m m DI of DI Ol O\ DI D1 H H a awa 0 I o w ry; O O 0 0 O 0 O 0 0 O O 0 O 0 0 O O 0 O O 0 O o o rl Ill In o ID ID O ID ID O 0 o O 0 0 O 0 0 O 0 0 O O 0 0 0 0 0 0 0 O 0 0 0 0 o co m In z M ID r D N r w N r ID N r w N r w N r 0 N H LLl ID m O ID In m 0 In m ID v 0 m a 0 m In 0 w In 0 0 0 v O O w m v O m a m O 0 0 w Ol O ID O N O N O 0 O O O O O 0 O O O O O 0 O 0 O O .-I Ill N m ID ID m Ill H rn Ill H m m ID N m ID v ID Ip m IO ID of 0 r m ID ID m m ID 0 0Pl In In ID v In Pl H H H N 0 N O m In m H O H O •-/ O H O H O •-1 O H O .-1 O H H O O •-1 O H H O O O Z H U z U z U z U z U z U z K U O U O U O U O u U O O U O U U rn to o W a m > >> W m W m W W ran W b o H o F Vlw�� �4 vvm�� x uyw� x w tlw� Vyw� i4 p4 vw� 14 Ivan t/w� SG z ��mjj IS aam 4 O z z N H H H H H H H H W W H s� w IC w ly w w w FC w P4 O � O a O s z Z z z 'Z, z z OR z z qJ z z R z R z R z R z R z R Ida F z Z oa ' U z U z U z U z U u z z U z U U z z H o 6m Wz 0 M 0 H 00. 0 r 00 0 r1 00 0 '-I 00 0 H 00 0 '4 0 l•1 0 0 .� 0 0 H 0 0 H 0 0 0 .-I 0 0 .-I 0 0 .-I 0 0 .-I 0 0 0 0 rl .� 0 0 .+ 0 0 0 0 .-I .+ O 0 •-I (Uj f•1 [0y O .7 .7 .7 "J '.7 '0j. .7 z z 13Q�' z z z z z H z H z H z z z H H z z H z H H z z a o 044 21 n a in to r m ri N rn d in to n o d d d d d d ui n ZN N N N N N ni D1 r \ + OD U 10 ll ip �o o w n r n r r r r t- o r w E .+ co co OD .D co rH CD OD 00 CO CD rD co CD ao m m ao w m w m to w CO to COm CD m w w � E'' H E H E E E E E E F H E H H 0 o ro o r o to Lo r N o 0 0 0 0 0 O N O d O CD n Ln O O n n d O r1 n� - rr1 -0.-I r N tD r•1 O (71 N In a m in al rn o n o ID 0 m O O O N O -00 D7 O O co N � W N �D r� N W W 0 Ea w N N N 47 a N � rn a a (4 rn zya Woo ul rOiWp] Ozz �.E7 oF �� A w� oa H lz a H a y a c� a o tg U W 0 o04 o o� u u a a a a a u W w u, 0 H o a o co 0 m d m O N r N N 00 N H p M d GD N .-1 .-1 O O 0 Fi 7. rn d N 0 00 N � r1 Oi .-1 .-i .-1 .-1 .� .-1 r•1 w w w a � o w am O In Ln r1 o 0 0 0 r.r h 0 w d Wrn Ln an o 0 0 0 O o o Ln o tD kn in Ln vi o 0 00 �n'n �n o in o ui m in o rn in to 0 ON r in r r m m o m m un 0 r1 0 O 0 a 0 0 0 O O O 0 tD to %D to to to h to to 0 w ID w 0 LD n r1 M w N N r. N N N N N N =O In Ln O W in O O to Ln in in Ln O LD r1 In .-I .-I d d d d d N UN .-I14rl -1 rl rl rl .-I rl rl .-1 .-I r1 rl a O O O O O O O O O O O O O O O U' H to U H p z ~ to A w (� FIn W w Ww a m U O O u u O a O O O O a a a a O H �p3d E-I 0ED U H U O u M N N N H w w w W rn a z a 8 z z a �' m z u ~ z w w 0 w O z x w w pz ED a 04 W o In 0 0 o o 0 0 0 0 0 N N 0 1f�fs�11 O O N U M O ♦[�-1 "J O ei aO O QN: � O H O i4 �VNTj W W a a a - 045 22 �y 1EaT'1 °z 01 O I-1 rl .i N .-1 M r/ d If 0 If w rl r H m ei 01 'i O N .-I N N N M N d N m N 10 N r N m N 0 N O M .-1 M N M M M d M m w M m rn rn to 4 co c� w a 0 a r ac E n m H r co m E r m w HP n r1 m r rl m HP r .a m r CD m E n m E r m H r m H r m F r m H r m E r m E r co m E r .ti m HP r rl m r Go m E r w m H r m Go F r m H n m E r r CO CO E F r m E r n OD CO m CO H E M H 7. H o d m N In r CO r Iv '-1 .-I d CO O a+ m o M r d r M M N '+ 1[ W N M m m l0 In 10 o O 4o Ot o 1! M m d M .-+ O o 0 O O 0 O 0 0 O O . W £ a' �L ^.J o r N W .-1 r-I .--I d N N N N m r ID w rl v d o r .-I d m m N 01 d 10 d r N N m M tD O O1 ri M r N In N H r l0 IO r M r r r m 01 4 10 d N . -I rl 'i m d H o O m M N 10 0 O .-I O O in Lto In Ill n a K 0 0 of 0 O 0 d d O r m N O m d o N `opal o WW N ��a 1ra�� Ira�� I,.ay� a a zU H 14 yF W Ww po p z�1 NPR lV N W F W �' F �4 W L5 1aa� P4 1aa� W W: R. P4 P4 P4 G4 O w O w w D4 w 0 0 O U 0 a pqa a w W w W w W W ky W W w 0 w w W w aW M w 94 p ao� W w a� u 0ro ��jY pqa �� - � yw U V V U c Z 4N V 0' 0 U' U' U' U' a V' 0 0 0 0 a a h .L U U r, Iai O ,Z � w w w a a a a a a a a a a a t1 a a ll1 a f a a a a a a a a a a a a a IU-I A I H O H H a W z O O •-1 I O O d m Ip O M d m l0 O M d m l0 O M d m l0 0 M d m l0 o M d m l0 O M d m `l0 O M m M m l0 O M m M m l0 O M \ m M m l0 O M m M m l0 O M Al m M m l0 O M m M m {0 O M II m M m l0 O M O d m l0 O M N d m IO O M d Ill m 10 O M d d m t0 O M w d m 10 O M O M m l0 O M M d m l0 O M l0 Ill m 10 O M m r N N N N I I 01 01 01 Ol w N N 1 01 01 n O N M N N I 1 01 0 Ol 01 a Ix as w a I o � w a d In M N In M N In M N In M N Ul M N In M N m M N Ill O O O O O O O O O O O O 0 O O 0 O O 0 O O O O o M N ul M N In O O O M N ul 0 O O M N In M N ul r r d d In 0 r d m I- d d m to y 01 O ID 0 O lD H 0 O 10 N N O t0 Ill O 0 0 M O 0 0 M 0 O 10 0 O IO H O 0 0 O ID 0 O IO n O 0 lD O 0 t0 0 O 0 0 O 10 N O w 0 O IO 0 O IO H O w O 0 IO O 0 0 0 O 0 O 0 1p Ill Ill O O IO IO 0 O l0 Ill 0 O O ID l0 O O U rl O M O .-1 O 01 O OI 0 01 ri OI w O 01 w .-I 01 H O .-i N O 01 O OI M o 01 M .-I 01 w 0 01 w .-' Ol H O .1 . O 'i .-1 O rl H O rl r O 'i rl O ,ti ' O ei N O sl d d In In M M d Ill M d d In In M M U IG e-I O e-1 O Ill O {D O In d d d 40 d N r d N H O H 0 O d l0 O d Ill d N d d N l0 d N r d N O 0 .-I 0 O 'i 0 O .�-I O 0 rl .A O rl N 1 0 O H O O 0 0 .-/ .-1 0 O .-/ 0 O 0 'i 'i av a HHHHH M � a ai ai m vi vi I o C7 WYa {[a{� �pa[7 U U pWaC U �pa7 [pay? Laa� V [alb `U•7U• pµaf7 �a7 V pk�j [pa�7 U [ys/l 'U• �a] [aYa� [a] [a� U (as7 V dal a a 'zI. awl w W H RI W � aaU F ur aaU F a ❑❑U E w w w a 77U H Ia ppU E Ia ppU H w w Ia H Ia w paV H Ia ppU E Ia U aaU F U T-r yZ. yL Z. � a a o w Ia Ix w a w w W W W W U F a u O D a 0 0 0 Ill 0E�.I 7 0 Ill o � 0 ul 0 0 Ill 0 0 1n 0 0 Ill 0H.1 0 In 0H 0 m 0H 0 Ill 0 0 Ill 0 0 0 0 0 In o 0 ul OH 0 ul 0 0 In 0y 0 In 00 0 In off 0 In O 0 In Eo 0 In H0 0 In 0HH 0 0 0 0 0 0 0 0 0 0 a a a a a a a a a a a a a a a a a a a a a a m rn m rn w 046 23 r OD T O 1 N m 01 O O� m Z '+ � m o a 0 r � W a x U n m E r m E r CO H n m E r m E n m E r r m m E+ E r m H n m E r r m m El r m E r m E m 0 O 0 O �n 0 O o O in 19 N 0 0, N L[ N o O O %o rl to %o 10 1O n 0 O In 0 O O O �-i N at m 01m O rf .-1 In rl O ul r-1 O V' N m r/ In ID �D rl '-1 m N N m r1 r'1 1-4 i11 O s O w N N Ln 0 ri N m 01 0 n rf .4 ui N O L N z 0 ul Ln O Ln vl ko 01 a w ZO �E aa K ac E ap rp� w Z U E Fn pp E E wH E a E a E aayy W r9 a E W H W W a E a a s C9 a W a m to 04 H w 5 a °`+ w to o 'W a + w in za. m m m m rui 7r o $ a rn N o O m o 01 D rn m M 1 Al co U) Ln W o O %o O N A a O H 'i. O' t 1 -0 .-1 sP V0 Ln m (n 01 CA w w a o w a W r a Ln N CA in O a 10 rl In in LO 10 10 O o o O 1 1 - o -D o m N a+ Ln �D a 'o -4 w m m o 'o 0 �o [zH1 W OC l 00 1 w %D N LD r Or Or r rl W N %D rl r r M m 10 Al to M u v n M o rn Ln N 0 r in rf 0 rl m 10 0 Ln 0 n 0 ui n 0 0 o 0 o 0 0 ui Ln 0 0 0 0 Ln 0 0 in - H x W aW£ M ri W U u �VNyJ u tCM/y� voi rz-i a 0 {Wq� ? z z ~ H H o a �z z u a a o E-H E m m to o ° m tea' u w m m m vi m m goi w � z� z 5 O U p 'N E U W�W p o 0 -X 6 m o 0 NN U ro o Ln O W m Ln 0 P m o y O m 0 O m 0 0 O .0 m m 0 m 0 m 0 o o 0 m m r 0 m r 0 m 047 24 rn I x H N n v In 10 r m m O rr N M V' 0 O r m m 0 '1 N W r CO In m 0 .i In In Ill In In In u7 In rD �D t0 tD 10 10 ID 10 10 10 r r r r r r r r m m r r .4 14 r If r r .a r H r r 11 H r 11 r 14 r 14 r H r r r r H r•1 r 4 r .4 r .1 r .i r H r .-1 r r 11 .i Co m H H m H Co H m H CO H m m H H m H m H m H CO H m H m H m CO H H m H m H m H CO H CO H m H m CO H H O In O N o O O 1n u'1 r O In O N In d' In N O O In N O In O O O O o O In In In O O O O O O In n N H O N m .-i In O 10 rn O I11 r N m rn rn N O r -0 rn ti 10 N m r 40 O N O In In O N r N d' m rn In In In m N m t0 O r`1 10 r N r r m �r [H� H ��11 W H H H v $ '. i W �I z N > 4 pq 8 V) Uw m r r H 1f1 In In r N m .-� m m m m m m m m m O O O O O O O r r o Q r r r r r r r r r r r r r r r m m r r o 0 o O Q o 0 0 0 0 0 0 0 0 0 0 o Q o m m m m m m m m m m m m m m Cl m m m m m m m m m m m m m m m m m m m m m m m m m m m O O O O O o 0 . o 0 0 0 0 0 0 0 r 0 0 0 0 m m m m m m m N m m m m m m m m m m m m z O O O O O O O O O O O O O O O O 0 O O O O ro In Ic ro In rc Ic r to ro to Io Io �o � �o r � ro �o �o Ern p V ¢ o o m In 0 rn In 0 rn In 0 rn o o m In O rn In O rn In Q M rn In In O o rn o 0 rn In 0 m In 0 m In 0 rn m In 0 0 0 rn rn In In 0 0 rn In 0 M rn In In 0 0 U z H U z H U z H u z 1-I u z N u z M u z H V z M V u z z H N u z H u z H u z M U z M u u z z M M u u z z N H u z H u U z z H N d W E .7 z H V1 H to H m EI to H rn H W H m EI r0 E4 EI m r0 H f0 H m H m H Ea H H U] U1 H H f0 U1 H f0 E+ H t0 02 [ay W° om 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a. u N � u 0 0 v� 0 0 m 0 0 rn 0 0 m 0 0 m 0 0 w 0 0 m 0 0 w 0 0 0 0 rn m 0 0 w 0 0 rn 0 0 w 0 0 rn 0 0 0 0 rn m 0 0 0 0 m m 0 0 rn 0 0 0 0 m m N r a a W N In n1 �O 10 r In In N N N N o ON r0 m G% m r N O O OD E 0 O N ko O 0 ID ry 0 o 0 0 ON m a x 14 FI a m rn r 0 O N O r O o O r O o O 10 0 0 ON rn m m N m N d 10 0 10 L0 N rn t- o o n O 0 N a 0 o o 0 0 rl N H z Ou U U P4 rn H H H O �L) �L) L ' L) M V! rq m o o o o ., ., m o o o o O O O O f0 W co r0 �D r r r .i co (0 co .i E H E l0 a m of 0% r m O N r m m m 8 �y V a a 5 m m r1 In O N r7 r 0 N rn O CD a r 14 m m O o m O 0 v O O c In In m rn rn 10 W l0 In In o ei .-1 In o o o o 4 N m m m V m m m ,o m n m ao m m m o m a, m N m m m In m m m n m °z m m r � x m n n n r n r n r n n r n r n r OD F CO E m E m H m H m H m E+ m H m H m H m E ao E m H m H m H a a 0 F O .1 lD m m a N r O 0 N m O o r ui to V v, r u1 r ,D m O o O 0 O 0 z�a7 F v o r N e� m o m V 10 m '-I O O N o H r N o V o N o N In m m N ..-� N N Ln a O In to O m O O N O ,D m O O O ul m N m r m O r O O O V N In In N H In O L N N In N V N UUj V E v1 01 to W C� [per [per [per [per [py [per off [per [per W H[� p wW E V� p m m m a. a p'. KI a. c� a m m Q'. z� li Ci ai H H a 14 i a i x N t7 pa4 (^�a� Fo �a rn () 03 VJ 03 U a a m m 2 U H H a w w H !a x W W lD O ,0 m N O n r m 1 > z w m O N N O N N O N N In V ,O O m m m I"I r m V r 0m m O H In m V O r H (> H H z m to n O r O r O In m .i m N m z r N N K ,D O O O N p4 Rt 3 O OI 0 m m m m .� m .i F D, m a In a s o+ a w a o w a m O r r m m m m m 0 o O O ,o ,O 0 o O 0 o O In m In 'j. m H m O m O m O r, O H N m O In O In O m O m 0 In m m O m O m O ,D ID In r r ,D ,D ,o ,D ,D p u, V ul In V O o In m In m a In v ul v N m ul ,n u1 In u U a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U E4 z z z U U U U a� IC U W H H H 4 4 m O RC DC H z O z HH vl ca asa HW H uw�7 HW WH lDOnI a H Ill IS H H P4 H coRUC .7 V w v1 O ,y HW H 0 O I MH z H H i+ OI iw-1 w I-1 a H PHG H z z z v1 x E a a z ER ai ron vi �+ a� a �z o In o 0 o v, O 0 0 0 0 0 0 0 0 0 a O Y� V O In 0 In O In O r 0Oy an 0 .-I O 0 .WWi Opp ,O� OC U W y N E pO E 7 tHn co vat E E E H :D 049 26 al rn z m 0 0 0 O O O N O m O d O O w O r O m O m O O H N m d ul 0 r m r H o a o N W a x E r m E r m H n m H n m H n m H r m H r m H r m E n m H r m H r m H r m F n m E r m E+ n Coco H r H r m E r r m m H E r m E r m E+ 0 In H ,Z[a�• r d d N l0 10 f'1 m t0 N l0 19 d m H PY l'1 1l t'1 m 1L1 N O O In m N li NO 01 {O N N v) N N N H r N ,4 rl d m d m O N m r .l - CO ri d W N d O m Ill rl rn m 0) N m m O H r N a 0 m O n N N O O Ln rl H N 0) N m O O m m �n H 1 m 0 N ill m N d Ol ID W E E F H W E E QGf 7W V [0��i a PQ4 (1i m N m M m H to H m H In M m H m H m M m N m M CQG (� m PQ4 > p to H C. IK+]� z w z ap�, POG z z m H a m H s PQ4 m q M T a M N H H a a 03 N a oK. ❑ iiirrr a H u z z W ❑ a a a a a O a a a a P a O a O a 7 r m L a W a j m H ❑ iY m H m N m l0 m N w m O ill m 01 d m 01 d m 01 d m 01 d m O Ln m .-4 N O d to m Ol m m d• 01 m "'� oo 5 H q H H W Z 00 LL'1 H r t'1 U H r ul U H r �fl U H m m U H m m U .-1 CO m U �"� m m U �"� m m U H 0 r U H M rl U ` 0% Ol m O r m r O 0) r 0) m MCD r Ol Ol n d m O O r n d d m m O O O O 0 9 m 0 O q a O O 0 O O O O 0 O O 0 r d in in d d d d aWc a p4 0 0 0 0 0 0 O 0 0 O 0 0 0 0 0 0 0 0 N 0 m O 0 0 O O 0 0 O 0 0 0 0 d d Ln O O 0 0 0 0 O 0 0 0 0 0 O O 0 O 0 0 0 0 o LO .-4 m O O 0 z 0 r 0 r rl 0 n H 0 r H 0 r .-1 0 n m 0 r 1- 0 r m 0 r .1 0 r 'i 0 r Ill 0 LO H 0 r In m to rn o r m 0 r m 0 r m H 0 0 r r m o r r m kO 7 Q U U a' f"1 O 0 r-I f'1 O 0 H Ul •-1 H O H in rl H O rl O N 0 O �-/ O H 0 O 'i m LLl ri 0 O H H 0 N H O ti 14 O N H O H .-1 ill A7 H O 14 N 0 N 0 O 'i _ t'1 M N O e-1 N H H O H H d O 0 rl N o N H O H N 0 N 0 O rl N 0 H O H N N O O H 0 O O H rl m n 0 O H M ' O H O H rn o m H m H m H m H m H m H m H m H m H m H m F H z H m H 5 ❑ O U H N U H N U z H U V z Z H H U z H ❑ a ❑ ❑ ❑ a ❑ a ❑ a ❑ a ❑ a ❑ a ❑ a ❑i a H a H a H aaa H a H a H a H a H a H a H a H a H a H w Q pppapa O U O U Amy ���myyy �mHy Em W F•7 3 Oa a ai Q w O m w O m w O m w O m w O m w O m w O m w O m w O m w O m W O m W z H H m H to m m 3 3 3 3 o a 0 a 0 a 0 a 0 o 0 0 0 0 0 o 0 a 0 o 0 5 0 > in > 0 uRR 0 0 0 0 0 0 0 0 O U N F o H Q O •+ z o H z 0 .-I z 0 HO OJ 0 H z 0 rI z 0 Ho W 0 �-I z 0 rl z o ei z O 0 rl- O H 0 Q D Z O Z ? o 3 0 0 3 3 0 3 0 WH 3 050 27 01 O .4 N m IEWG rl N N N N z rn rn n � N tr1 0 n n n n n w H cc w H w w £ 6 H N a O O 1fl N O 111 m E O N n O m `L E O o H n o In a N O O r o ri n N O N P1 N .-1 N E p co �] � O (psi o [9�� 0 a H H W H Z H U z �aF7i N U W w W w p VWWJ a U a U a U vJ 3 w w H p p4 W n 01 01 H on 1 l0 m n do H p H If1 H p $C. N 10 lO O m 0 b O 10 H ppp444 a w a I a o V 0 0 0 m z to 0 0 0 0 n � o In u1 LO In In O U N H rl H H iUy O O O O O In O O O O O I[t H H H H 0a 0p� 0p� 0p� Faoi a ai Ki CWq 0 8O 8 8 4 5 r a a .0 o vEi 0 0000 w o �' 0 0 0 0 0 o >1 0µ 0j 0ij 0aj0j 051 Z8 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38033 08/17/99 COA075 COACHELLA VALLEY UNIFIED CHECK TOTAL 09:43AM 08/17/99 PAGE 1 PAYMENT AMOUNT 317839.00 317,839.00 052 29 a � �+ a a �t w a O o a� U U 4U H rR a a H z 0 �W 0 O 01 co n 0 0 0 0 0 m 0 rn 0 M rn m r% %J 053 30 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38032 08/12/99 BES101 BEST BUY CHECK TOTAL 11:39AM 08/12/99 PAGE 1 PAYMENT AMOUNT 1731.42 1,731.42 1.0 054 31 °z rn m .Ni o w Ei a ate' N ~i N E S m r a~ N W � a w w 03 as U a w H � ��[ss.Ha777 a U a w Q U U Q w H Q H z Q a w x � o w a Ln w �+ H z N o o0 O u U � r� O O O p� a W E H 5 0 � U W N N G K �t 055 32 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38030 08/11/99 CIR006 CIRCUIT CITY 38031 08/11/99 KUN100 MARNI KUNSMAN CHECK TOTAL 3:32PM 08/11/99 PAGE 1 PAYMENT AMOUNT 1750.00 30.00 1,780.00 056 33 z 0 U E F z U 14 F 0 0 n a n 0 W O N M z N o �z O 7 O LO O O N U� � � O O rl rl m O O M W F 057 34 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:37AM 08/10/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38022 08/10/99 &00849 BETH YAMAGUSHI 27.00 38023 08/10/99 CAL040 CALIFORNIA VISION SERVICE 1106.65 38024 08/10/99 CAN050 CANADA LIFE ASSURANCE CO 511.13 38025 08/10/99 CIT035 CITRUS BELT CHAPTER ICBO 50.00 38026 08/10/99 HAR100 JOHN HARDCASTLE 400.00 38027 08/10/99 INT300 INTERNATIONAL QUALITY & 1395.00 38028 08/10/99 PRI050 PRINCIPAL MUTUAL 39354.21 38029 08/10/99 TRA030 TRANSAMERICA INSURANCE 52.88 CHECK TOTAL 42,896.87 058 35 • m �n � m is r .+ N d rn °z rn 0 � x o W 0 0 CA 0 0 0 0 0 0 0 0 m m m m (10 ao m m ao W cC E H E+ H E E E E H N •i O i[1 t•1 O O O kD In m r 0C.� H O �o 0 0 z N O H 1n O 01 m r 1n 0) a ko M 0 m n CV N O e-1 ,.� �n W O Pi 01 in 1n �Epa ..-1 N U aG U a H a H a ai a az a a s H(r�,� a H H aH4 H a z g H G F O Ho a H U w o a a j r n W ko O O PpO H H M z O a z z O F H a w a o o w E a o p o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 7. O N N W .�/ to N N N �y m 0 O It o v- O O 0 p N O O en O Pf o O O U O O O O U O O H U Rl W U H H wLn a H H V3 5 to H pWqq H o H N W � ZH � rl U U u] a s oo 41 o z a [V] O m U W W H p > m o o in o o O O o v -0 In m O O 1n In M p �+ m O.� �yOy O �pyGi m O O sµ0� 4 U b u U u .T. H a N H 059 36 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38014 08/05/99 CAL050 STATE OF CALIFORNIA 38015 08/05/99 INT005 INTERNAL REVENUE SVC-ACS 38016 08/05/99 LAQ050 LA QUINTA CITY EMPLOYEES 38017 08/05/99 MCD100 PAUL MC DONNELL TREASURER 38018 08/05/99 RIV040 RIV CNTY DISTRICT ATTORNY 38019 08/05/99 SUP100 SUPPORT PAYMENT CLEARING- 38020 08/05/99 UNIO05 UNITED WAY OF THE DESERT 38021 08/05/99 WEL025 WELLS FARGO BANKCARD CHECK TOTAL 3:18PM 08/05/99 PAGE 1 PAYMENT AMOUNT 25.00 50.00 364.00 895.48 426.50 150.00 152.00 626.98 2,689.96 WE 37 z m m 0 + o N m U H 0' m m FI rn rn m E rn CAm m E Ln 0 m F m rn m H m m F rn rn m E 0 m E 0 0 m m F H 0 m E a a 0 12 N 0 p 0 p o p m 1 o In 0 O O 0 O N N 0 O rO 0 o O O Ill m m m m r- m n Q1 N p Ill d' l0 t'1 0) m m <0 N d' Ill r1 .-1 n .-I n N .i m l0 N O p vl E N m O p is o I In m O p 7 d' ❑ IO m V' Ln m m O In ❑ 'O Na M a O O C4 O Ill m O O N Ill m m U d] N P4m CD p� � E W t�q v] ❑ axUc H z �w a E E�❑❑ Ey Hip F W N u a N a " 4m a s 4J a +-+ az� � a v� Ei m m H M E oaAoA H m ❑ a a as a a aSUR o H 0 a W O N M ry I00 0 t0 0 0 m m LO W w W P7 H ❑ ❑ H n N C14 O a w a 0 w pq W o o O 0 0 O o 0 O n 0 % D o o O 0 O O 0 O O 0 O O 0 0 O O O O 0 O O n [� p N O O O N O O m N N O O m m kO In m N N O O N N O O In N O O n �O n n 10 l0 N O ID O U d p 0 rl O Ill N 0 O 0 0 0 0 m m a z �a027 H- E U F W CS U U U Iy a H U O PPGG ��y 8 ❑ W F a 3 p c� w a r� w w a w Rp a a z U a U a O vi ❑ a m m v] V! �y1 �y p O In O O In O O O V0 O O In O In N ill In N N In N U E U oa U ppH N ova ❑ :E > 061 9 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37998 07/30/99 ABEO 1 JAQUES ABELS 37999 07/30/99 BECO 0 DEBORAH BECHARD 38000 07/30/99 BOB1 0 BILL BOBBITT 38001 07/30/99 BUTO 0 RICHARD BUTLER 38002 07/30/99 CUN1 0 DENNIS CUNNINGHAM 38003 07/30/99 HENO 0 MICHELLE HENSON 38004 07/30/99 IRWO 0 JOSEPH IRWIN 38005 07/30/99 KIR010 TOM KIRK 38006 07/30/99 LEW010 TOM LEWIS 38007 07/30/99 MAH100 CYRILLE P MAHFOUD 38008 07/30/99 MOU100 DONALD J MOULIN 38009 07/30/99 REB050 JOAN REBICH 38010 07/30/99 ROB150 STEVE ROBBINS 38011 07/30/99 STJO10 VICTORIA ST JOHNS 38012 07/30/99 TYL050 ROBERT T TYLER 38013 07/30/99 UNU050 UNUM LIFE INS CHECK TOTAL 10:45AM 07/30/99 PAGE 1 PAYMENT AMOUNT 150.00 50.00 50.00 150.00 50.00 50.00 50.00 150.00 50.00 50.00 50.00 50.00 150.00 50.00 150.00 1497.61 2,747.61 062 39 z m m 0 C9 r r r H r E r H r H r H r H r E r H r E r H r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 a , 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 z w u0, w as w m+ 0 rn ron O o w z U H.,, H $ O pH [a7 H g U HLL O w H g z H S Eo C1 V H Eo E Q H+ $ H $ E g z H V] w ir7� 9 7Z Q H '{Qy > E �: rn w w Q O+ U 4W000 W ..a3N]]ii U H W H M M V QH O a H in a w a o w a o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o o 0 o o 0 o o 0 0 o 0 0 o 0 o 0 0 o 0 z m o rn o rn O rn o m o m 0 rn o m 0 rn o rn o rn 0 (71 0 p Q U o a n N o V 0 d' o V' in N in o u) n u+ a' O O O O O O O O O O O O O n 1 o zi a o cx 063 m .7 PzW h A w a q H Q O U O O O w O O 0 0 0 .-1 0 O 0 0 O 0 O o o O 0 ui O ?+ O {Oq O 0 m .� O .y-� U a O m 0 RgOi O 0 0 OgW 4 U gn 41� -0 Ln., lo °z rn m 0 0 O O O o o W Eu-I r M rh r+ w E E E H r, o [ O o o 0 o 0 i z H 0 o r y Z o In In In rn � � a a� 0 o 0 o o g rl z p7 W W w o oH u 0 z m a U a 0 O H A a P FA ON cD o z �i 7h Fri oM 4 a w w a I o o w H a O O O O p O o o O m m a, m z Lo � LLn N U U •-I '-I rl '-1 N O �y yW 2 a W V1 H H �W] t7 H W El H W ~ a H p�Wq � a .~7 O o 0 o a o H 0 0 U P4 L) U O a m H D Q H a w as :s 9 41 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:56PM 07/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37992 07/29/99 AMC100 AMCOR REALTY III 4900.00 37993 07/29/99 BUI041 BUILDING INDUSTRY ASSOC 29.00 37994 07/29/99 KUN100 MARNI KUNSMAN 90.00 37995 07/29/99 LIN050 JAMES LINDSEY 118.08 37996 07/29/99 PET010 PETTY CASH/CITY LA QUINTA 352.31 37997 07/29/99 SPE100 DONALD H SPENGLER 3900.00 CHECK TOTAL 9,389.39 065 42 rl N .V m 1n 1p n m m O .-1 N m v m m 01 O W E N 0 N M N rn N m m N N m N m N m N m m N N m N m N ON N S 4 H E E H E E E E F H H H H H a a a v H `�• 0 O 0 O o O m O m o u1 m 0 0 0 O 0 O 0 0 O O 10 N r 10 o O O m O m 1n 0 1n 0 m m .-1 r m O O a a 0 0 0 0 0 Z o tp 0i N ::)o W m m E E E F H H H E H N N Z o H, Im'1 1E-1 ca 2 z Ei H i-i Gi C4 W C. f� Gi L4 0.i W %1 o o x x x x x x x x x 3 H w a a u u u u u u u u a u Q w a o g uo$ a N ~ o z A E a m P� 91. Owll� N OwP� N H O a O O 1 w m m m m H O H Z H H O U U H a w a a O O O 0 O 0 O 0 O O 0 0 O 0 O o N m O O o 0 O o O o 0 O 0 0 0 0 O o 0 0 0 0 0 0 0 0 Z 1n m �0 r m 10 m o n -4 a 10 0 0 n n m 0 n r m 10 m o 10 n r m m 10 10 r m 10 r m 10 1n m 10 �I 'j., r 1n {O r1 0 1-1 m In N 10 In v N O O .-1 v m m N rl O rl N O N ei N O O .i rl rl O rl ri O aT r 1n l0 U, O O O O O O O 4 O .[���-1 O O O O O O N a O O 5 a O a 5 O a a O a D a a a H a VJ E E H H E E E H H a C9 IEa •C a 1-+ z Q x x x x x x x x x m a a Q H P+ >4> N F a %� to a u z �d w ti a a a a a a a a a $ p p o 0 + v o O 0 1n O 0 0 H H 0H 0y 0 H �0y 0 '4 [0Ny 0 H [0Hy 0 0 .ti r1 0y 0H.1 0 ,-1 0 0 N 01 0 0 i 4 U 4 00 ..1 Wa a s A. aW a w 01 N Ea :t Rai 43 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 37849 DEF 07/22/99 275.00 DOU050 DOUBLETREE HOTEL TOTAL VOIDED 275.00 4:25PM 08/03/99 PAGE 1 INVOICE DESCRIPTION hotel 8/4-8/6 067 44 A/P - AP6002 CHECKS TO BE VOIDED 4:22PM 08/03/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 37848 DEF 07/22/99 478.00 AND010 ANDERSON TRAVEL SVC INC TOTAL VOIDED 478.00 INVOICE DESCRIPTION horvitz conf 8/4 45 A/P - AP6002 CHECKS TO BE VOIDED 4:19PM 08/03/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 37547 DEF 05/18/99 857.37 MCD100 PAUL MC DONNELL TREASURER PROPERTY TAX/LQ HOUSING PROG TOTAL VOIDED 857.37 069 49 A/P - AP6002 CHECKS TO BE VOIDED 4:16PM 08/03/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 37499 DEF 06/14/99 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 70.00 DEP200 DEPT OF MOTOR VEHICLES 70.00 INVOICE DESCRIPTION PULL NOTICE ADDITIONS/DELETI 070 47 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 37473 DEF 05/02/99 160.00 AEP010 AEP TOTAL VOIDED 160.00 INVOICE DESCRIPTION MEMBERSHIP 4:13PM 08/03/99 PAGE 1 071 A/P - AP6002 CHECKS TO BE VOIDED 4:10PM 08/03/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 36862 DEF 04/22/99 18.00 DEP101 DEPARTMENT OF GENERAL SVC CA PLANNERS 1998 BOOK OF LIS TOTAL VOIDED 18.00 07Z 49 A/P - AP6002 CHECKS TO BE VOIDED 4:06PM 08/03/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 30015 DEF 07/29/97 1200.00 RIV103 RIVERSIDE COUNTY SHERIFF KIENER 773214019 WRIT OF SAL TOTAL VOIDED 1,200.00 073 50 O� G,� • ��IY�Y�� � O2 U S C'�M O4 F TNti� COUNCIL,/RDA MEETING DATE: SEPTEMBER 7, 1999 ITEM TITLE: Demand Register Dated September 7, 1999 RECOMMENDATION: Approve Demand Register Dated September 7, 1999 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 38197 - 382051 14,038.86 38206 - 382101 3,545.69 38211 - 382131 8,575.00 Wire Transfers} 24,715.90 P/R 3567 - 3643) 91,392.92 P/R Tax Transfers) 24,934.17 CITY DEMANDS Payable Warrants: 38214 - 38302) 611,443.06 RDA DEMANDS $778,645.60 FISCAL IMPLICATIONS: Demand of Cash -City $740,634.65 $740,634.65 38,010.95 $778,645.60 074 CITY OF LA QUINTA BANK TRANSACTIONS 8/18/99 - 8/25/99 8/20/99 WIRE TRANSFER - DEFERRED COMP 8/20/99 WIRE TRANSFER - PERS 8/20/99 WIRE TRANSFER - CREDIT UNION $5,258.49 $13,314.67 $6,142.74 TOTAL WIRE TRANSFERS OUT $24,715.90 075 z ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:47PM 08/24/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38214 08/24/99 &00872 WILLIAM BRUNER 45.00 38215 08/24/99 &00873 FRANCES GARCIA 15.00 38216 s 08/24/99 &00874 IRENE DI GUISEPPI 20.00 38217 08/24/99 AGI100 AGING COMMUNITY TEAM ACT1 50.00 38218 08/24/99 ALL100 ALLIANCE SERVICE STATION 603.16 38219 08/24/99 AME200 AMERIPRIDE UNIFORM SVCS 138.87 38220 08/24/99 ASCO01 A & S COFFEE SERVICE 192.00 38221 08/24/99 ATT200 AT&T 14.05 38222 08/24/99 CAD010 CADET UNIFORM SUPPLY 161.06 38223 08/24/99 CAL031 CALIF PARKS & RECREATION 120.00 38224 08/24/99 CAR300 CARQUEST 22.76 38225 08/24/99 CAT100 CATELLUS RESIDENTIAL 82102.15 38226 08/24/99 COA080 COACHELLA VALLEY WATER 289.39 38227 08/24/99 COM030 COMSERCO 45.00 38228 08/24/99 COM040 COMMERCIAL LIGHTING IND 1352.27 38229 08/24/99 C00200 COONS CONSTRUCTION 12421.35 38230 08/24/99 COS050 COSTCO BUSINESS DELIVERY 1211.26 38231 08/24/99 COU010 COUNTS UNLIMITED INC 250.00 38232 08/24/99 DEM010 DEMO UNLIMITED INC 4440.00 38233 08/24/99 DESO40 DESERT JANITOR SERVICE 4348.03 38234 08/24/99 DES051 DESERT SANDS UNIFIED SCHL 120.00 38235 08/24/99 DES060 DESERT SUN PUBLISHING CO 4510.74 38236 08/24/99 DES065 DESERT TEMPS INC 2758.50 38237 08/24/99 DIE050 DIETERICH POST 418.93 38238 08/24/99 DRE100 DRESCO REPRODUCTION INC 133.04 38239 08/24/99 DRU100 DRUMMOND AMERICAN CORP 397.06 38240 08/24/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 258.53 38241 08/24/99 ECO010 ECONO SEWER SERVICES 15394.50 38242 08/24/99 EIS010 EISENHOWER IMMEDIATE CARE 210.00 38243 08/24/99 FIR075 FIRST PHYSICIANS MEDICAL 24.80 38244 08/24/99 GRA010 GRANITE CONSTRUCTION CO 124.82 38245 08/24/99 GTE010 GTE CALIFORNIA 444.53 38246 08/24/99 GUM050 BRAD GUMMER 630.00 38247 08/24/99 HAR100 JOHN HARDCASTLE 36.53 38248 08/24/99 HER050 RACHEL HERMANSON 49.00 38249 08/24/99 HIG010 HIGH TECH IRRIGATION INC 31.76 38250 08/24/99 HOA010 HUGH HOARD INC 717.21 38251 08/24/99 HOM030 HOME DEPOT 324.81 38252 08/24/99 HOP100 NANCY HOPKINS 122.50 38253 08/24/99 IMPO10 IMPERIAL IRRIGATION DIST 17691.02 38254 08/24/99 IMP150 IMPERIAL SIGN CO INC 296.31 38255 08/24/99 INS200 INSTITUTE FOR PROFESSIONL 198.00 38256 08/24/99 INT015 INTERNATIONAL CONFERENCE 183.61 38257 08/24/99 JPRO10 JP REPROGRAPHICS 26.51 38258 08/24/99 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 38259 08/24/99 KEL010 KELLY SERVICES INC 1094.80 38260 08/24/99 KIN100 KINER/GOODSELL ADVERTISNG 14684.12 0.76 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:47PM 08/24/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 38261 08/24/99 KOR050 KORVE ENGINEERING, INC 131975.47 38262 08/24/99 KRI100 BRUCE KRIBBS CONSTRUCTION 11258.00 38263 08/24/99 KUL050 KULI IMAGE INC 203.26 38264 08/24/99 LAQ080 LA QUINTA SPORTS & YOUTH 104.66 38265 08/24/99 LIN050 JAMES LINDSEY 159.68 38266 08/24/99 LIN100 LIN LINES INC 900.00 38267 08/24/99 L00010 LOCK SHOP INC 214.41 38268 08/24/99 LUB050 LUBE SHOP 51.69 38269 08/24/99 MCK010 MCKESSON WATER PRODUCTS 148.38 38270 08/24/99 M00200 JULIE MOORE 220.50 38271 08/24/99 MUN010 MUNI FINANCIAL SERV INC 5864.78 38272 08/24/99 NAW010 RON NAWROCKI 2400.00 38273 08/24/99 NIC100 NICKERSON, DIERCKS & ASSC 9259.50 38274 08/24/99 OFF010 OFFICE MAX 70.03 38275 08/24/99 ONT100 ON TOP CONCRETE CO 2460.00 38276 08/24/99 PAL055 PALM SPRINGS FIRE DEP 125.00 38277 08/24/99 PRI020 THE PRINTING PLACE 295.24 38278 08/24/99 RAH050 RICH RAHN 346.50 38279 08/24/99 RAS020 RASA - ERIC NELSON 2165.00 38280 08/24/99 RIV100 RIVERSIDE COUNTY SHERIFFS 6899.73 38281 08/24/99 RIV104 RIVERSIDE COUNTY SHERIFF 212071.36 38282 08/24/99 SAX100 SAXON ENGINEERING SERVICE 2135.00 38283 08/24/99 SCH2O0 TERRI SCHWENZER 406.00 38284 08/24/99 SEC050 SECURITY LINK/AMERITECH 30.00 38285 08/24/99 SEQ050 SEQUOIA PACIFIC SYSTEMS 32.33 38286 08/24/99 SIM025 SIMON MOTORS INC 752.95 38287 08/24/99 SMI010 MARILYN SMITH 51.22 38288 08/24/99 SOU003 SOUND IMAGE 8647.96 38289 08/24/99 SOU007 SOUTHWEST NETWORKS, INC 1746.25 38290 08/24/99 STA050 STAPLES 432.20 38291 08/24/99 SUN075 SUNLINE TRANSIT AGENCY 942.33 38292 08/24/99 SZE100 SHARON SZESNY 490.00 38293 08/24/99 TOP010 TOPS'N BARRICADES INC 62.23 38294 08/24/99 TR1010 TRI LAKE CONSULTANTS INC 20748.00 38295 08/24/99 TRU010 TRULY NOLEN INC 86.00 38296 08/24/99 UNIO04 UNITED STATES POSTAL SVC 3000.00 38297 08/24/99 USB100 US BANK 10652.35 38298 08/24/99 USO100 US OFFICE PRODUCTS 340.79 38299 08/24/99 VOL150 VOLUNTEER INSURANCE SVC 382.50 3A300 08/24/99 WAL;010 WAL MART STORES INC 98.87 '8301 08/24/99 XER010 XEROX CORPORATION 1889.91 38302 08/24/99 ZEU010 ZEUS CONSTRUCTION 2500.00 CHECK TOTAL 611,443.06 077 4 s ti N rf rl d 1D N rf d in r m D� O .� v1 N D+ O+ d .. m p k] ° E a a a x ° F y w 0 N m E 0 N m H o N m F d N m E o N m E o N CO F d N m E d N m E d N m E o N m E 0 0 N N m m F E+ 0 N m E 0 o N N m m F E d N m F o N m E cD '+ N F O E O O O to UD In t0 O O N O d to O 1O O r O n N N m n %D O O O a a 0 0 0 0 .iO+ m o 0 0 vi d a Sri W rl m o N V] o ri 0 m rl t�i r% v •+ Go ~ ��a+ W W �a WW a u E� w04 ° m Ga 0 D �D n N m N d rf m ul in n co In n %D .ti r in r M .r O m rt O m N N o O N r r O 0 N N 0 1 N M O N z In aD ri rl T d 1n m r1 m N r d m n d m n d m N rl 0 1D 0 1D 1D 1D 40 a a aD w w a 6 o wo E a O O 0 O 0 0 0 0 0 O 0 d %D d rt 0 d m w d m 0 O m m O O o O o O O 0 0 O O 0 O 0 o 0 0 0 0 0 0 0 0 0 z r m d n m d n m d m d %D D+ .+ tD D+ o tD o+ C. w 0 0 w M n in w r n en r n r o� F y O 0 U O J O O o O O O N O N rt O Ln N O N r Ln M N o N n in .ti en u1 rl n rr tn Ln m m r Ln m m d in to d d rl m in m rl N O N rl U a .� O .-I rl O •-I rl O .-� ri O .-� 0 O In 0 r1 0 O rl 0 rl O rl O .-� 0 0 rl r/ 0 rl 0 O .-� rl O rl O rl rr 6 W ON H m U m U `£" U m E cwi > a a W W a W a a W W a OH 0 Ln W iai a a to F N H w u , a 0 w Z a 0 w Z 0 w 'Z a w m o 0 m m 0 m 0 0 m m L°wm a m W F �m O 0 m a 994 U m u W A a w O m W O a w w w w w w a > p a a a cwi w cD Z zd H N a H a H a m E E E W W BOB F W F E eWc W E W w H y p O p N > N r m rf n m d n m O o eti O O rl O o N O 0 NWg O 0 NWg 0 0 aO� O 0 N O O 0 0 Oq OG O 0 Oq O O 0 0 Oa Oq R 7� q .-� 0 Oa 1 Z m �-1 d r1 In H w r1 r rl m ti rl N N N N m N d N 1n N w r r N 1O N m N m IV 0 m 01 O1 d N m p W 0. E 4 a a 10 y a RJ O N m F O N m E O N m F O N m E O N m E O N m H O N m E O N m H O N m E O N m H O N m H o N m H o N m H d N m E d N m E O N ao H O N m H O N m E O N m E+ O N m E+ .a ry [y E 1O n N N n i O1 1O w ui n In O m n rl O L 1 r 10 O O m ut O Co m m d rl n %D O r N '+ rl m O m N o O 1n n N m 1n d MN O m m 1: m N W p N .i m 10 N ryHm, N ti f(W�j .-1 c4 N LC D: `� Z Fy u1 O r1 ¢E pa 01 m N O d r u'1 m ut N d zo�7r^yynl z m OM m z m z m O u� Fes+ u' Z E+ w rj °a °a °a wq°a a a a a yc ~ w {$� �y$7���ayyyy Wg F �C (ay.7 F i4 F E E> W > U > > W W D4 u W a a m E E E C 3 O 3 O 3 1O 3 N 3 o m o 3 m 3 o 3 o a n a m to O Im O p > z H W E r O .-i p .4 m .r m .+ m .� 1D r O 10 1D r O 1D N o O 1D .-1 n O 1n 10 O 10 .� O o O 1D 1D O o O 1D 1O O O o 1D 10 O n O 10 O N O m O d m 1D m O 1n m 1n to O u1 m to 1n a W as a o w a W y �.I V 1D D1 to a r 1O rn O cV r 1O n O r- n 1D rn O m 1n m m o o r 10 n O 0 O O m o O O ti m r r 1D m m m 1n 1n m O m 1n 1n m O m 1n 1n m O N m 10 r m O O O .+ m o O O + m 10 .+ N n d m m O m 1n 1n o O m N m In O r N o m m O Ir y O u rl O 1n � m m �D rl m m 10 rl N m 1D rl N m 10 'i N m 10 rl r 1n m rl r 1n m rl m O D1 1n w m 1p rl w m t0 rl w m 10 rl d 1n d ei N O N rl N O N N ti 1n m rl d 1n d 1-1 O N 10 e-1 N 1n In rl m 1n rl rl 0 0 0 0 0 0 0 o d o 0 0 d 0 0 0 0 0 0 0 0 m H"HHH 3 3 3 3 3 pG 3 p, 3 y 3 3 o H ZO N aWp] wn �+ µad o O U1 p z W M p z W H H z W H p 'Z W H H z w H �+ w D+ W 'J+ w i� w i� W i+ W a i+ W '!� w a is w a H M E u O . Al w W H VJ to W z U i W H a z E a w a m a m a w a m a a a a a a a a a a a a a a a s as H z 7 m 5 m �"z o 7 U H o 0 m Uu 0 0 E 0 0 F 0 0 E u 0 0 E u 0 o E 0 m 0 m O uu 0 m O u 0 m O u 0 m O 0 m 0 m 0 m 0 m O u 0 m O uu 0 d O 0 o N 8 0 v O 0 1n O a u u u u u uu u u u 079 ti z �-/ of N t�l d N I'1 I'1 d I'1 In M1 w Pf r t'1 m r'1 DI I'1 O d H d N d 1'1 d m OI O � H ri d d u1 d 01 O\ d \ M m O W o a s m H O N m F O N m E d N m E O N m E O N m E O N m E O N m E O N m E O N- m E O N m E O N m E O N m E O N m E O N m E d N m PPEHE d N m d N m d N m O N m E O N m E w .a 'LW z O O 0 O O 0 O In 0 O In 0 O u1 o In m m In M o O O o O O r+ m � m N N m OI o In N 0 O O 0 O m o O m rf OI m d O m a N Ih to N d d d d N 1D r DI P1 r H I'1 In to N N H Ln N N N to O N lD 0 r 0 .-1 r m N m w m %0 .+ , m w N .; H O O o w In a O O o -0 v w a E U a O E U m m a O m O m a d a O O o N '� d r o 0 I[1 m N m 01 m d I.� RpHC MD a I ��pty �a¢ 14 Ua 43 w U Val pV iii u W w F r� u i�pCl I.� �p4y Vl °l E- Z to z M �rpyi 4F a a a a 'iN �rpil a Hp4 W a a � a a a Iu� a E S � �> W U f�yi � E z g m W w G m E A h h yH h h �iii h w W W a a U yi V yU U U w pwy to H 0 I z H A H > z H D 6 z O In N O m DI N d Ill r1 . Ill I'i In I'1 In I'1 r t'1 w /�f O d 1 DI w .N-1 N w d w N N w d N N N w d N rl N w d r1 m of I'1 m rf 111 Pf m rt I+1 P1 m I'1 r1 .r-1 of O eA O O N .1 0 IY, w 4 m N lD w w w w w w D1 .-1 H .-1 e-I Vt Ill V7 0 In r w w m a o w a 0 0 0 0 0 0 In r ID d In w d n w d n ID d 0 d ID d r, ID 0 0 O 0 0 0 0 0 0 0 0 O 0 0 0 d in d %n d In d In 0 0 O 0 0 0 Z �-I .. o r 0 to m m w D, O w a+ O w m O w am 0 w c+ O w m 0 w m rl ID M. d w r 0 w m d w m d w n O In n 0 In In O m In 0 m tr d w H 0 r $ o U VH I� H O d O .1 N m d .-/ O H m O 01 In d N rl In N N O H N O N .-I O H H Ill N - O H H m N e-I O .1 r 0 m H O ni r 0 m O H M In N O rl -0m O O H 0 N O H 14 O N O H .-I O d O rl .-1 In m O H H O d O r4 N 0 .-1 O r•1 N In d O H N V1 d O H 14 V1 In O 14 m 0 a w A U z H U z M >> a w H m w H >>>> a w N a w H a w H a w a (a w H w z H D; m z H S m z H W m z H 5 m u H Zo O Da I m m z H O w E S aHa H p pj F H H m a O yMy m as F yMy m O F zH m O F M m O F zMy m O F yMy H z_ m yAy H a j w Z H a a y M a a y N .a w U z H m U z H m U z H m U z H m E O R 5 Q W EE-I .4z a OC Z E a fw a W iW4 pW4 4 W 4 W 4 W D mW D wWmW a oW EWEW EWHW94 UAWFWH IPpp+Gl•! a m Cw O A z y o U 0 p o A O A O A O A o A 0 A A o m w O H m ww A o m A m w AA m w o m w A m ww A`A m m w A ca ffk.1 A O 0 U H U H 0 m O H 0 O O 0 6 d w w W d w w W d w w W d w w W 0 d w w W d w w W 0 m W w 0 w W 0 w 0 w W 0 w 0 w W w 0 w W w O w W 0 o w W m w 0 w W w 0 w W o 0 W M 0 O .+ �a ly U U U O O O O A O A A A A A O O O O O A 080 O 7 °z w d 0 0 n 0 N m d 0 0 n m d 01 d O In .y In N m m o d In of w In o r m In v7 a a, d OD d 0 w (9 a s (W,) E O N m E+ o N m E o N m E d N m E d N m E d N m E d N m E d N m E d N m E o N CO E o N m E O N m E O N m E O N m E O N m E o N m E+ o O N N m w E E O O N N m m E E w .a ry E 'ZW E to O r .a -! m O w N v Wn m In 10 - O O rn 01 O v1 m 0� O In m 0� O In m 01 O O to d O O to 10 O m v N N m v N N of - Al to In o m C>• 0: m N a OI m m W M N N N In m OI In In r r Y W O� P1 d r N d d d d O rf .+ w O r m E r1 In m OI N m O OI H 01 N 01 O In d m O O O N O m d N N m d .+ In V V 8 V g IU-I �i om pl u ai z O a fk m w m a w W a a m Os N O E m o W O$ pr w ow P. W i W 0 �a a a a o Pa.i s as Si.i m p W i m w w m m m a m a a a a w w It a a a w a a pN O I `L H p H p Z H R'. P] Z P1 In N In N w m .-I 0 .4 n d .+ to m O rf d\ In 01 O N rf d O\ N r w O O� r1 n n 01 n rl 0 -0w m r O N d 0 o O N d P1 .� .-� r r n n N rI m .+ 01 O1 d d w 0 N 0 a m w w a I o w a d r1 m n d m n d m O O 0 0 O 0 O O 0 O O 0 O O 0 0 O 0 0 O 0 O O 0 0 0 0 d m m r1 w w d w w N w 01 d w w O O 0 0 Z �.I r1 O r N 0 r Al 0 r to 0 n m 0 w 0 r w 0 r w O r w O r w In on w &n w rn O n n O n ., n w o m w H m w n In N m w w In In Pf Pf w w 0 Q U V� In d In d In d n In n In N rf H a 01 In 0 01 In n 0 O\ In o 0 OA d O d O rr rf In n In d In d In d In d of d In Ln � In In O rl O rl 0 rl O rl O rl N d N -0 N d1 N 0 .wa-1 OH rl 0 H 0 rl 0 rl 0 rl rl 0 0 rl rl ON 0 rl 'i w w w w U u N o U wq �' za Pa P7 u u cwi �4 cwi H o m �oJ 4 �• O O O 0 O m m m m � i � �Nu+ t'I M M M M N N M a �a i .017 .OT• '�• � OJ Cwl h y � N w w 2 M R H 2 H P 2 H H 2 2 H H m a p C a w w w w HH W w W 5 O O >I a u O -+ o 0 O .+ 0 O .. 0 O .+ w O o .. O o w 0 0 w 0 0 w 0 0 w O 0 to w O 0 w In n 0E-4 w O 0 0 O 0 0 O 0 0 O 0 0 O O 0 0 O O 0 0 t� 081 .� �o �o w �o d n d %D �o %o r r h n h r °z rn rn a m U O o O d d O O O O O O O o O O O O o 0 W U' F N m N m N co N m N ED N co N m N m N m N m N m N m N ED N wm N N m N N m m a s � E H E E E P H F H H F H E F E H H E 1D .i 10 1D o o m 0 10 En .+ .-+ r N N E m N N v! P1 v! 10 1 1 N N 7{a�• Z F 2 7 �n r �n n O I'1 O O 1D Nt al d N M1 n .1 �[1 M r N N 01 m N d N d d h 1n N r 1D d � d r N .i Nm N 1fl a N O v1 O r N m �n d N N d to 1D a ra pay E a {y 2 S 4 Z F a H w° >> N r a a �, a w ai w o zp� �xi q� q�i+ wa w w w w w w rn p a s ►Z+ E H N M tam H w in o 0 0 o r+ m o O Ln O d O o 1 o m N o rl r m Ifl D1 m N N N P1 P1 1D M M p M d d r M m r M z o 10 o 1n m r m m m m m p 1n 1n a a w m a o w a o o N o o N r o r-Ln N r O rn P1 rn o C1 O O O O Cn �n O O O O m 1n -adN m .� 1D m N m D1 1n r 1D O O in LLl in In Y1 In O .-� O 1D 1n Y'1 D1 r1 r D1 r1 �-I M M C11 P1 h D1 CA C1 r r Z M M O t'1 1'f O o N O O O m N o o O N N ID ID 10 rl lCl w r w h h 1D w w w w 10 1D w [y 'j. of P1 M1 O In in In O in In Lo u1 Ln in O O m d d In in 1n N o m N d rf d d N D1 P1 1D 1D 1D d d U O O O O O O O O O O O d O O O O O O d d d Z FN q DEJ fA tlFJ VF1 p p A p A C O Z~ Od O O O O O O O w w O c7 4 4 o 4 0 4 w u u u u Yy F-I Z Z to z E QW QW W ~ w s `a H o a 6W+ c c a o o a� g w w m H H°6-4 H H o o o o 0 o o o o o o 0 0 0 0 0 0 o Q a o o u1 o o .+ o .+ 1n o .4 0 0 m o r1 o 0 + ., o .a o .4 o .a o 14 0 ., .i 0 0 082 s D� PeFf4 z r n n r m N m N m m m m m m m m D1 Dh d OD �D OD O W C9 a s U H a � o N m ElE O N m O N m F O N m F O N m F d N m F O N m E d N m E o N cow F o N E N N m E N N m F N N m F " Al N N m m F E N N m E N N m F N N m E �D - .a N `L(s7 i rf M 1p d r ID V - m OD ul O, D, o O m N O m o %D O N r ,[1 o O d m a N .1 O O O m N r m In to O N -4-4 d 0 O z O d T d U w H a y O in trn vj in rn w H u � V33 b w c w w w w w w m to 9w ga 95. u a s H [] i H a W z w 0 H 4 w 0 H w 0 H 4 w 0 H 4 w 0 N 4 w 0 N m r r N d -0 dD rn D� N r m m rn D� N N w %D �D ID It OD m O lD In t�1 in H1 o w m m Uf o D+ 0 m m O o (A a w w m a o o w F a N 'rrNlD0 t�1 d Ln 0 0 0 O O OnNlD O 1 0•+ O O On O O O O O O N M n 0 O 0 d m n0 N N N N m mw N N m N N m O O O0 $[� rN1DD nN�DD NtD[0-D N�DrD N 1D ' M -D %D 0 0 O 0 O 0 0 0 O W Q u d d in d v o N ui N �n �n �n In .� v+ N u+ 0 0 a 0 0 0 P1 r U 1y c c H o 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 .� 0 0 0 0 0 0 0 0 0 0 0 E w H F w H F w H H w H E+ w H E w H Z O H W U E W U ££ z z w w z w z W U H M O o O M E O H F a O M F c O H F a O H F a O H F a H O u a O a a w z O u z O u w u F w N to U z H µHt7 WH > D>> WH µaH� Z H RCi c yHa, N aMa a pH, R'i pHC D4 DH; M aH C4 z a a '.ppC,, a w w H a a a a a a a a a 94 W E (ap4q z � 'a 'a `a 'a y W O O a a O a�i V w O G (y��[ 5Q[ G y4� G yQQQ� H z st A�aa a s oop H w H w H w •H w H w M w H w F to a M o w a z 0 N 0 H 0 .•. 0 N 0 .-� 0 r+ 0 In H 0 O N n .. M n ..+ (off� h O - o .•+ 0 14 pH4 W 0 0 O O !44 0 O 9 0 0 F 0 of U 4 U 00 i H Y H 0 S M 000 F H t M � H M N z H H H O h 0 h A4 -.4 HHH Ki Ki - Ki .q HH !�i O I 083 10 CA m z N m of m D� m D� m D, O1 N D, O� O O O O O a N O O O e C-4 n m O W O a s {D m {J H N N m H N N m HP N N m N N m E n N m E C4 N m H a N m E n N m E N N m F N N m E N N m N n N m E N N m F N N m E N N m E N n N N m m E E N N m H N F �l(a7• i E 2 7 0 P7 .+ r 0 m O r 0 -! r 0 r - 0 o N r 0 O O - 0 O %D o 1D N m O ID 10 o NO N r r "n N m 00 O O n O O /1 a im n o rn m m N N o+ eel r fY In N LO O r a N O m O 0 N N ~ %D D m 19 O o ~ .+ rn a 19 Ln M1 O\ z ao Ln N ti a m O N 'j0y. �7WWa v 0 � a, &n � 8 O 0 W In o 0 D1 v .+ .+ tn N W P4 CmY mm O4 �7 m Q a W ai Q vi Q W Q m ^[� 57 Q 7 u � u Cy N g jz� u g �(/pHj+ (L � � a �� a S Q Ui a Vi 8 F�ymJ� t/J YvXG g 1��yc-{.I N 1.4i iG m U o a a a fa4 a a U W O O r1 p H O M O H 04 w z 0 O O D\ 0 v O T 0 V O m 0 v O m N N N N o i f7 r "f to o D+ N Ln �n m N to Nto m m o ID U, m M1 -Ln m m co D1 M O1 o o CO O, .� 6 � m w m a o . o w H a w 0 o 0 0 0 0 0 0 0 0 O 0 0 0 o 0 l 0 0 o o 0 om O 0 O N O 0 o m o 0 0 H 0 0 0 H O 0 0 n O 0 0 o 0 0 ref 0 o 0 0 m m v v �D (D O1 m r a m z H z Q 0 o �D ? r lD 0 0 �D ui r 1p 0 1D %D it l0 0 t0 m r 1D 0 0 1D a Ln O 0 0 1D n Ln O 0 0 1O V Ln V 0 M1 rn N N N o O O v %D %D in Q ID 10 W in d' 0 M1 N in N 0 0 r m in N N N 0 0 ON o M1 H in H .D 1D %D 0 0 In In 0 o r !2 v+ V U U rt 0 0 O O O O O O O O O 0 0 H O H O H H O O H O z H z H z H z H z OE U a z FO U a z �0 U a O N HN U a o Z z ai 6 u m m 9 u m vi o u m m z H o a m a4 w raqil a+ w to u z H u z H u z H u z H a w E rC w H 14 z z a z a z a z U d 01 Z a m z s m 0 z rn z H a z W s z m a s m In 3 o m a s m a o o z aoc aoc aoc ooc w a aaa w a z a z s u u w w a s 7 O N U E a u 0 1n O a a°c 0 m O m aoc 0 i O a a°c 0 Ln 0 a a°c 0 O H °° 0 O H 0 O H 0 O ♦7 0 m O q 0 Un O z a 0 n 0 z s 0 O .-1 z a 0 0 .-' z 0-4 0 H O 0 .-i O 0 0 u n 0 O 0 H O e4 z 084 ii s m . o .+ .. .t . tD r m. o N N N rn Q O 1-1 O rl H H .i H H H H H H H H H •-1 H H rn v CN az O W U £ 4 m F W N cc E N CIDm F N E N m E N m E N m F N m E N co F N E N m F N m F N m E N m F N coco EI e, N E m N co E a N CDm E+ �, N E a a m N [y O .-I O In N 01 N 0! O pi m i 1D m O O O O O O O O n O O O O V N O u1 F Z 7 a r N e! V vl N m O 00 O - N 0 N 0 O 0 O r O t0 N D� �D d. a N m m 0 0 v N N v n r r N v d N a � yOj m O u1 n O o O o v O N V H N N to O r u1 t0 NON H N U U U �jU�j Imn U N U U cm N a U �a a w° H DI 3 0 F a F F a a z a z N z a z a z a�a H H a a Z a a lz COW)' 04 g w a c �i' c c w q a s a a a a a u w u ^� � z ►+ w u. o a + o ., � .. � n o O > I H q H W O m O r O r O r O r O r r r m I r N I r N I tD I DI V O e H H inpp�y z DI ,y In .� u1 .� N .-I u1 .� u1 H r OI r Ot 0 Ot m 0 m 0Ot 0 cil0 O H O H Ot T sC a w a 1 Q w a r v m N rn In o o o 0 0 0 0 0 0 0 0 0 o o o n In In n In In o 0 o 0 0 0 0 0 0 0 0 o H H m o o o 0 0 0 o o o N rn In 2 n 0 r o+ 0 tD r w N r 0 N r w N t- 0 N r w N 0 O tD DI O to v O m v O 0 v O O n O w n o r n In m r n to r v t0 m 0 to [� 'y 7 0 v In n In N O o O O 0 O O 0 O O O O 0 0 0 r In %0 r In t0 r r tD n m tD N m tD n to n Ln r v+ n to to n N to In n In N U U a 0 H O O .� In H O N In N O n 0 O H 0 0 C O O O O O O F z z z z z u m u m u m u rD a oa U G H > H > H > vi H > y H > h clra� Ivan vat Iva1 a wq Ias�i IaW�i w E E-I W yH yH yH yH zH UH Uhl q q ❑ o x a 0 O ow w a o a z z w z w z w z u u u9z u w E s '' z a 'h i R i R i z && z z z z z o o r � z o 0 0 0 0 0 0 0 0 0 0 0 0 alz 0 0 O O 0 H O O H Oj rl O - O H O7 H 0 H O H 0 O .-I 0 O H 0 O .-I 0 .-t H 0 O H In 1n O N 0 In 0 U F W QN V 7' j 7 7" .7' a X. H H H Ej a u z £ £££££ z z z z z z o o a a 085 12 s In N 1D N r N m N 0% N O m .-I N1 0 N n N m N m N O m - m N m m m d m In m w m n m m N m N O d .+ d N d 01 OI z d O CD O W (y a s W ((JJ F � P1 N m HHPP P1 N m N N m N N m rf N m E rt N m H r1 N m H d N m EPPPPP d N m d N m d N m d N m d N m N N m F N N m F N N m H N N m H N m F N N m E e�f N m E tit N m F ref N m E c4 N m F N N m E ID .. N F O O O O O O O O ID I-1 ID d .-1 .-1 m N en OI N OI N n O O I-1 In O O O O O O O O O O O O O O O O O O O O O O [7 In OI In w O rl In ID d N r m d O ID P1 N OI N N m In In n O w ID m O O In m In m v1 O O %0 In 0 In o o In rI n rl 01 Pl P1 r1 ID r•+ o o 0 0 ID d ri Y In to e-1 U O IyIy�� F O1 a m a IO 4 ~ O NN+ r�i .+ N O d Io al 89 C� 3 U Nr dGo a W HI a a s a z\ a s� a a �' a o 0 0 0 0 u o a arc w ec w w ac w w w ec w w at w a a w a ~ L) u u u u S ❑❑❑ m w w m Si v u u txi ui 5 g m o w a a a a s 04 04k)� OW 01 N911 Ol9)- H IU.1 q n I I+Ljco a w In m r d O O rl d O O rl d O O rl d O O "1 d O O rl n d O rl m N ID N .-I N n N v1 N d N rl N N N O N en m N U1 N H ❑ N H 114 1-I z O n O n m w 01 0 I O I O O I O o 1 O O I O O I O O I OI 01 I OI 01 I QI OI 1 01 OI I 01 OI i OI OI I 01 Of 1 m 01 I 01 OI N In 1'1 Iy IZ�. a a w s ca a 1 0 w w a W Q n In kn n N o r o V1 r In m OI In In In n In ID n In 0 u7 o n n In N ID N m u7 o m. m N In o n d N n d Il7 n d In n d to r d In r d In n d In n d In n d In N GI In O d IO z �-I O ID O w O 0 O w O ID O ID o ID O w O o O w O 0 O 0 O w O ID O ID O IO O w O 0 O w O w o w 0 0 o ID O ID 'L p U N In d N In N 0 N Ln O M O M o M rl O r1 rl O P1 rl o H O en H O r7 H O M d In fn d m m d In rn d In m d o m d In m d o m d m Al d In rn en 1n N M In d sC O •-I O ti O r1 O r1 O rl O rl O rl O rl O r1 O rl O rl O ti O .i O ♦-I O rl O rl O rl O .1 O eel O .-q O rl rl O N O rl m (y w W w w W w W w W w w w w w w w W w w W u M W u M W u H W u 1-I W u I-1 W u 1-1 W u M W u M W u N Q7 z z z z m W W W m m m m m 04 0 2 z wz z z z z z z z z z a I U U Z U U Q7p U Q7p U QZS 8 Q� U QZS U o 8 p�S U p U Q7 8 ~U' (swj (awljwa7 � 0\4 a W F I_7 z a w a w PG w P~4 w W ❑ W a W o w a w o w a w a �aW w a w a 0 W W t00J W �0 W ya W 0 W y0 �a1 �0 W y0 W of a s a °� wa w aW Wz W�a W�a z p z p z X `WC z z X ImC z p z % Imt z 0 z p .a. �W.I z O ('L(aa77 > o o O o a 0 a 0 PSG 0 a_ d a d i d i d 0�4 d a d o 0 0 0 0 0 0 0 o E O OW] O a p 71 U H N O N O N O N O �y o .-1 M O .-1 H O .-I > O N > O rl > O N > O H > O .I > O .-I > O .-I O .-I O .-1 O .-1 O .-1 o .-1 O .-I O .i O rl O N In O W a u a a a a a a a a a W m m m W W W W W m m 13 s . n d p H N n n en d d H Ln d H 10 d n d m d 01 d 0 H o o N o n m d Ln In %0 in n Ln m kn 01 en rn rn z d \ o m p W p 4 a a m uu E c0 n N m F d N m E d N m F n N m F n N m F n N m E n N m F Inn N m Er' N m F n n N N m m E E 4 n N m F n N m E n N m F en N m Pi N m F n N m E+ n N m E+ n N m F eo '+ $[a� i o In r,l n t0 H eo IO r.l m (A w n re m n m N e•1 m e'7 m .-I to 0� n d n n m w m o N O H O n d d o O o d d m N 0r N d m I r H m m 0 d N %o i In o O u/ &n n r1 r m m O O 01 d Ow O n H Ifl 01 N Q m N n Ln0 N N n n O n 0 N m o N N n m N wp� In P4 a (�e77 0: a � en n d e0 d N In N d y upqy z H � z a H HN o N g w H" U a w Pa7 s w V w G7 a s a >> a a w a a co m m a a m c o ac o m u u$ 5 a s a z z z z m m m m m z H OI m co N I� r pe d In O r O m r In O O m m O m o O m ^ o H H o n o r m b IM In r H O G H z Ln n (A H 0% H r 0 H 0 Oe 01 o 0 01 Oe 01 OI 0 Oe at o T M m O 01 In en en In to en In n rl in H 4 T. a 4 w w w a I o w a O d m 0 o o 0 o o O d eo 0 d eo O 0 0 0 0 0 0 0 o H 0 co e0 H o 0 eo m H 0 eo H o ev H H m O o o H w m t0 eo H 10 dai eo a+ N enn Oe Z a+ O eo H O n H O r m a, H d r In n In m m O 0 m m O O 0 0 m O w 0 O 0 n O n H o r n O r N eo H �o 0 eo a Q U d vi d H O N N O N H O to H O en N O N N O N r en n n In H n n H .� H H n H H n In H H n In H H H en d H n en H H n in d H H O en H n N N 14 U 6 H O H H O .-1 O H H O In H O 1n H O H H O H H O H H O H H o O H H H O H O H O H O H O H o H 0 1n o H U Wco z H z z H H z H z H V zWi Z W n l0n OHG s 3 \ N U M r U H z H z M 3rj. 3zz77 a F M m E H m 2 H a �. U w U a op E O opp M N W jr377 z E m Z Z F F W m jai]] z E m ��a���, Z E m ul pa 'C b r a a a H o H o z z z a !, s o W a � W a Cc. W a P z H z H z o Fm O t�a1 W vi vi u+ o o n ron r ron rjl0 i� r m�i n n o o to o en to In o Z O U IEe .0 U > o LL5 W m o 1n W m o In o W m en N o m N o H m H o £ m H o z m o o O to o o O m o o o o O O m m o o O m o o O m In F m en E m In E m n D m r D m O N m 087 14 S m m z ID ID ID m ID d tD In ID In d d e�f m 1� w n n rf m n m n 1D ID r 10 m ID m ID O n .-1 r 0 d .I N d d d � m (D S 6 a a S U a D4 N m E rf m E N m F r1 m E t+f m E N N m E d N m E+ d N m F d N m E d N m E d N m E d N m E d N m E N N m E N N m E N N m E N N m E N m m E P1 N m E d N m E d d N N m m E E ID .1 N E P1 N N %D O O V N O O d O O ID m O O d d O O ID m O O O O In m m m O O In N O O In N O O O o O O O In O L 1 N w P1 O ID ID OI kO m N m 1D m P1 l: 1D d 1 f d I m N m m In n rl IO ID O O - .-I P1 PI a O rf m H rl r In o P7 •+ o 0 O Pf o m O P1 O - At ID I"1 ID rl Mi In 1-1 1 O m d N w aD -o r o N IO m O O O m r+ W DJ q m W W O m W VJ q m W m O m N In ID 0 0 WW WW O 04 m Zp' [per W N H 8 E E H H E F F 4 6 F E a m m m m m m m m m M q z$ 0 m zo O zo > W w c 4 4 4q� w w w a w w w a a a m w w U W H q O a W In w 1D W m r N f'1 - H rf - H rI .-I o 11 - H 1D H N m r o OqqI m r Opp m r Opp N m w in n w 1n d nwW In d d N w( m M O H H z r N N N N N N N N N m m O v) rn W W W IC H O 16 o 114 o -4 0 C N O 4 o It o 14 N o 4 O H (�G a IfTAyy w w m a I o w a w 11 n W W In o o o o o o o w o o r rn ID o o o 0 o o o o o o o o o o o o o o o 0 0 o o o N o m N o m o o o o o o o o o o o 0 o o o o o o z rn o r m m o w N m o w r m o w w m o w N m o ID n In d ID T r w N o r o w . n o w d r o w d r o w . r w N o o r N o r m o r m o r N o n N o r N o r r o o n n . H a Q U U In d rl In d m 1D m 1D In d In /'1 It1 1-1 o o O o m O m N O m N O m O O O o m o O 0 N o M H m In 1� O O o O o o O o O o O o O r1 o O O O O o 1.1 O o o O o O o O O o O O o o O O o V) U 1ZI rl w z M 2H IC a z H E a z H ZFy 4 a z H H a U OJ a IS vEi R H H 5 H H H H H > Ho H �p �L I w H H fn z o W z 0 DJ z 0 V! z o u M z a W F in O a w w O a w W p�p O a w w O a w w O a w w q>q O a m w O a w W g O a a w W w .] z it OI a 4 a '0" R1 z - i�a��7 N O z i� v7 q w ac 7a1 ac zal ac Zal ayc 1� o� d' oyc R'r U w w U w w U w w0 U ( Hy W 0 U w w 0 m U ( Hy W 0 U w w 0 U U w w w w 0 0 [co z 0 o Q al U E {zW� > o .i o o .I o H o .+ o H o '+ o H o .+ O H O .4 d O H O O m O O m 7 O O m o O m o O m o 0 m >>= o O p o O o o o p n o o po o o p m o 0 p 5 0 0 p o o 0 o p p IUS U pw H H H H H 088 15 6 z .. V v N n . r a.. r r a r v m. v V 10 r n r m r o r al OI V N CD O a 10 CNx W o s UU F a m V N m H V N m E rl N m E. " N m F N N m F N N m F N N m E a N m E N N m E N N m H N N m F N n m F rl N m F N N m E .a N (s] H .+ ti m m N V 1f N m N 01 OI m V n O V n O 10 LL'1 m a+ n 01 m N r1 1 a 19 -0 N 10 1 of Ln .+ 1 w o O O O i 04 1 N rl If1 ri e-1 N Ill r Ill N O r O V f'f O In N m f'1 n m m O of Ol O m m e-1 O O O O Ill N W a �(p�Z E �p�1 F U �pK+P N z P z W RC a [p4� F z Q a W m Fi m IH s ap Z z o ap z m M 0, m M m H lq N a� M a m N m M a z a a M a$ H a (za7 a a z [U��.1 W w im (ap41 7 W N z H w (cw m 11ap,,11 w pal m W pa{1l1 m (6y1 m U U U r] M w 0 a '+ 10 In o Ill 0 Ol 0 lD 0 n 0 n 0 1O 0 0 V o to vl m co O o p� o 1-1 z N o 0 O a O V O v O v O V O a O v m o m 0 � 0 C a awa a o E w a W 00 O O O O m O n ONNOOOO 0 O w w 1D O O O O O O O O V O 10 V O 10 N O m Ul 1D 'L O 0 O 0 Ill N Ip O 0 r M O 0 n 0 O n 0 O n 0 O n 0 O n 0 O n 0 O 10 In 01 O 10 m 0 O n m O 0 10 N Q U rs O N o O N 0 O rl 0 Ill N 0 Ill N 0 Ill N 0 0 f`: 0 N 0 O N 0 0 N 0 Ill rl 0 Y'1 rl 0 4'1 eel 0 Ifl Al 0 U 7 m rn O 0 W u� V1 PE-1 U .zs z H z M Z N z H z hl z N z 1-I z 0 z 0 z O z Q a w a Z m m m m m m v1 o 0 o m m m °r a a o 503 o p Wx Wx x o, d w o u 0 M� 0 0 > 0 O 3 0 O 3 0 O 3 0 O 3 0 O 3 0 O 3 0 O 3 0 Oj 0 Oj 0 WO 0 O ?C ?C X N 089 16 ACCOUNTS PAYABLE — AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38211 08/24/99 AME075 AMERICAN RED CROSS 38212 08/24/99 BES101 BEST BUY 38213 s 08/24/99 CAL045 CALIF REDEVELOPMENT ASSOC CHECK TOTAL 2:14PM 08/24/99 PAGE 1 PAYMENT AMOUNT 30.00 1750.00 6795.00 8,575.00 090 17 s t0 'i N Nf V Ift Z 01 Oi N a a w 0 N E 0 O 0 O 0 O 0 O 0 O 0 O •'Gp7 i E O A7 O U) O In O In O In u1 v .n-1 N N .� 01 a 0 0 0 0 0 0 o taj. o ui M E 2 rn %D to a 4 y V 4 U E a 000 H H H H H a u a a s x x x m a H to w a 5 666 U7 0 U w w o a > M go H G H 2 Q a a w w a o w a w o in o 0 0 0 o o o 0 0 z n o � N rn a rn e rn v rn e Q N O 0 0 0 U a o rl 0 N o d a N o O e N U pU U U N U W W 4 H E E E+ o toto z W W a U �Qa�7 µaQ7 7 µ0 WO W F a 0 0 O O cQ L, tn in n Ln o a o 0 0 0 0 091 is ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38206 08/19/99 ACE101 RAMIRO ACEVEDO 38207 08/19/99 GAT010 GATEWAY 2000 38208 1 08/19/99 GTE020 GTE TELEPHONE OPERATIONS 38209 08/19/99 INT018 INTERNATIONAL PERSONNEL 38210 08/19/99 USPO10 U S POSTMASTER CHECK TOTAL 4:51PM 08/19/99 PAGE 1 PAYMENT AMOUNT 40.71 1625.49 535.49 224.00 1120.00 3,545.69 092 19 z 0 .y N r1 Q m lD r 0 0 0 0 0 r v v O O o o 0 0 0 0 o V in N D n P1 In v N N o %D r 0 1D 0 O N r O a v of cn m v 1n o o aF 03 N Uoo fk QUQ 1k o 0 oUp O a W �n H a ] � D% T m w ai a a w a to �+ H w w w �88$ 28 aaa� >i a U ►� E a a a ni �a f+l 0 ui 0 0 o 0 r O O O N O m 1n In In O N r rl O O kD V 10 0 N V w m O O N O ry n O 1n N O O O N 0 0 0 o O o 0 W z o a �M O w a o w a 0 41 a m a 14 im vi 0 o zd2 2 y o o m o o o O O O o O o 0 O 0 O a 91. vo A. 4 Ca 0 H o a r m 19 Ln M E E a 093 20 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38197 08/18/99 ARC050 ARCHAEOLOGICAL ADVISORY 38198 08/18/99 BES101 BEST BUY 38199 ` 08/18/99 CAL050 STATE OF CALIFORNIA 38200 08/18/99 INT005 INTERNAL REVENUE SVC-ACS 38201 08/18/99 LAQ050 LA QUINTA CITY EMPLOYEES 38202 08/18/99 RIV040 RIV CNTY DISTRICT ATTORNY 38203 08/18/99 SUP100 SUPPORT PAYMENT CLEARING- 38204 08/18/99 TER100 TERRA NOVA PLANNING & 38205 08/18/99 UNIO05 UNITED WAY OF THE DESERT CHECK TOTAL 4:03PM 08/18/99 PAGE 1 PAYMENT AMOUNT 2000.00 1605.43 25.00 50.00 364.00 426.50 150.00 9265.93 152.00 14,038.86 094 21 z m rn o w + z z rn rn Ol S F F E E prn F pmp� H �� 77 F E a a m Ey o O �+ a 0 O 0 O 0 O >+ F O p N IOn a t0 Ind� �D N O Ifs H In kD � N ODg n r1 r♦ O N 0 r1 O d O O O O O O O O e+1 O O ¢ m O O 4 O o F to N p F N m I In gym] C rn rilW i4F W N N F VJ A O a w co (aaSSj G s a s v a y a v a a «�+ a > > a I Oa a C\S a a a a 7 w o a u a a a a 0 o o a o w �o w z a, IZ-I O H � F pw E a m w a p o E W a 14 o o n r, r+ o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z ry T 10 ry '-I 'i ry N Ol p N r•1 N N .-1 N N .-1 N N In O In N N F O p O O O O O O O O O O O O O O O O O O O N O v 0 O 0 UID ¢ o 0 0 0 + 0 0 o 0 r � b ai s ." a z w o p 0 > q 4 H W H a u H W in W Z guy o 14 o a s a g°z m a a w y «Z, .7 a 0 E D WO O Lei0 14 O Ln n 0 O 0 O 0 O 0 O 0 in 014 E4 in FA 0 0 z 095 22 TWit 44Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Transmittal of Treasurer's Report as of June 30, 1999 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated June 30, 1999 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are avaijole to meet,piext yponth's estimated expenditures. ohn M. Fabcorfer, Finance Director o d for Sub ' si Thomas P. Genovese City Manager Attachment: Treasurer's Report, City of La Quinta 1'� TO: FROM: SUBJECT DATE: Ti-tit 4 4 Qum& MEMORANDUM La Quinta City Council John Falconer, Finance Director/Treasurer Treasurer's Report for June 30, 1999 August 6, 1999 Attached is the Treasurer's Report for the month ending June 30, 1999. This report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. Cash and Investments: Decrease of $718,247. due to the net effect of expenditures in excess revenues. State Pool: Decrease of $1,500,000. due to the net effect of transfers to and from the cash and investment accounts. U.S. Treasury Bills, Notes, Government Agency Securities and Commercial Paper: Decrease of $415,087. due to the sale four Commercial Papers, one T-Note, the purchase of one T-Note and monthly adjustment in the amortized value of the investments. Mutual Funds: Increase of $570,116. due to the sale of one T-Note and interest earned. Total decrease in cash balances $2,063,218. certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. J M. Falconee Date ce Director/Treasurer 097 04q z g g g z z z z z z° z O N S C'E� p c n y t6 N 64 C Ci c a a N °60 r yy Q c N w U oLL oLL a `o 0 c y > C.E N •mO w� m C E V m m a. % 21 i N O NCC O N N V) N 7 O � gCCg m q c c C a_$pp 1y0a aia ` E m $ Lo I $ tL N c s a LL E > N E 8 h w o aEi °>x coz �o $ my U) 2R e fV W) OD $ O p�p f0 v n n v C �p c9i Ln W) N U co o v Z 0 o O z S 8 co 0) u°'i o7 E �E 7 LO n o N ab Q1 e $ fV N aD S $ G N n v O 8 C c4i O N r� VLL Z O O Q Z O O O Q Q N OC m E LL E n c$ ¢! N = c — co m m E _ _ Iasi m Ez E�?oC9= m O Ol O C lL d G O mL�f E�LLLLm mC L$i°E�mpmJpVcco) g v o a ° �° c W C •E° � mC c W 0 c m ®® p L) N Cm($ym y m C 1 WW 015 m m E m z�cmmU€m m g E E o w E ° E$ c o c m o EocEZxILL 2 m E ` o a $ 10 iE'O 'E°L m m m m m ° mrn ¢ mUy Emrnm °' g c mci�i E d m r c� y H m U N Ui x8i��i m LL LL LL LL LL LL 7 7 d `1OWQ C - F6 0 0 N r r Lo corrm v c v v r N EE N N c c N w c y m rnE U Q y N G C a°�¢0� O O O — N N N m w w w H N d N c C m m m o c c c c c C C C C .K Q Q Q ( n not 098 d E M W 0@5 I§R C _ §§eek/§R§o C N �tk o � a§�o�aR*' %a_ # §- eLdo 0 C-4- w �2$§ / 00\7 < k§AK /~/kC6 a < m00R■ < fcov R§$CO f � ono■ a � u. 2 ) LL ) ƒ £ V eee-0 5 2) '«§t} . kfk 0 fLLm L2,m k0®` -'© 220—'o /LL.2 = 1 - © E JLL 2f\ . 2kk��k§�E 2k\�k LL ��\k - 8)k\jRk)�§Jkk� 80 © U.0. k 100 OPP O Q rn c �U C m C LL N -0 cu U U C Q 0) E� > Q C o0) � Gucu 2 J cp O O o EWc'' _AE UY)U 'C ti ch Lo O m 7 Q Q Q Q Q Q Q -- -- � < < < l< Z Z Z Z Z Z M Z cc 0 01 O O ��¢aaagg�g mczzzzzzoz w� v 000)O rn rnrnrnrn rn m p� z z z � O v- L n O C) C) N o, O O O w OOoo tiO°. OOoO 1% .O CEf?OLo00 m 0 C 0 0 0 0 0 0 CD U5 W v � � o c o > — — — — — Z 0 m o 0 0 0 0 o cn00000== Q,daan.aa NLL C W a W — v fn to fn C� fn � � d N t v m � � L a m a. N CD N r E c55UC5 c F' y Y E =z0ggg����H LL LL LL LL LL C N J0 0 0 0 0 0 0 0 0 rnrnrn 0 rnrnrn rnrn Q O co LID co —, � ¢ Z N N Z 0 0 0 C:)Z r M M,e 0 0 0 O O N QeOOO 'rccooOOOOOOOW Oo .Le-0dO OQ C) O O. 09, c_ 0 o > — — — — Z Q06aan.a CLNLL Frn(?aDu?u'oW cmmmmUL� 4- -W �+ YCf)NC/) co =H =3 U U� 'C L m � N � cc m N co �? O 0 5 2 Z 0 N C (n r r Z+ cn < E N C E > cUUU��j ALL- d > E c N y Y 4) E �zvg��gamR� N LL U- LL LL r w Cl) O co O r- M N 00 Lo CDO � co r— Lo V) 00 A � =Z If557; !!cl! !f § IL I \ %r 2 ) kf.{ e !`ice ;||■ At !©! -6 | Fƒ } ; 2- /�/j § k!§ q�9 t09 e�-U)n Cl) 000 O0(0O (V r00O r M 0 OD M 00 00 r r- C S tO CO CO O a N ^ r H n(`')00 Oa m (O V cor- to LOM to OM) N wtO N M N W) CD V C C (V t0O 0 N M A O CO) �(W)(OD W CD r(O 0 r N coWON r co N lONOp)" n�U7� .N-M OWN 0 drN 0O0 U) NNc)O)w C�)CO t()0 CV U.) 000 N tO n tO tO (L (f) N N CO M o0 N C7 Cl) r a y000 st OO�tO wst U)prD�j ItW N V7 tO N 000 N N Cj !� t(') N CO 7 CO p d�N 1_ et C4L6L aOLr00 1j .4(DM000 COOON C, a 0 C' M v LL a r 0 r r 0 N t' M N N ♦a N 0 ^ (n C) N O n OpD � co0 to to V 0Lo v000Ma �Lo Cli 0O�N O�CDMO1� N 00 N N 00 N m0 th O N MOMS a t0G A t0O 0 LL toep- Itr r W N M N a N yd y0et r � CDr (D 00(O�N r N c4 0 r0 r O n O �C5�Nn N000 OONCOM CC w N toL)�^ S O N MO r M N r CQ W) N"t m O N r co r N r O LL to � NpN�O r r ce) N a N 0 N P. O MOOMOOp r N_r--W)P. O0)N O0f r a) m Vin Qj Ctl (LQ(0Oar( v0000 M(D to n r M(NOr- NO M MO00 N r U) V '�t N O Of N O at U. NrrOp� Mr00NMh w h O to O tf) co rU')000 r-, r- I.- U)00�04 � 11 r W M O" LO rrN(O� OON�ON 00(O0V � 00 r U? O NNUOj OOM ems- r LL N rNrl-� MrCON�� (") �N M 0) M 00) U7 � 0) N O c cc M C%l r M N coV V�'C)a �0O0i a0D N 7� V co N aDO 04 tt N r 01f1 V V' COO O n M (00 O t() a O a CA M U) f� (D O st to O to M O 0 N N N C'i C f 'd' OM CO (O CO M ^ N O I C d L 7 j4)) O C r ~ C N (o d +, to d 4) d ul 7 N N N U f0 C d d U> C C C C m () d d J C L N m X (p m N a) Q d C xCo CL LU U U 7 N d C y LL C Q N 'd C o N X> N d n. 0) 0 ._ w Ca O CL Z d C c d t0 U C 'C > L' DH O aa))d dUl ''Cc M '` d L > C d tl) to - d > N 'C .d. C C ci m a`Hin0z u�inwOUOF°- z U w z 103 �nQ CITY OF LA QUINTA BALANCE SHEET 06/30199 ASSETS: POOLED CASH LORP INVESTMENT IN POOLED CASH INVESTMENT T-BILUNOTES & OTHER AUTO MALL CASH LORP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH 1,000.00 1,000.00 CASH & INVESTMENT TOTAL 30,843,051.41 26,012,090.65 685,646.88 57,440,788.74 INVESTMENT IN LAND HELD FOR RESALE CITY CITY FIXED LONG TERM CITY ASSETS DEBT RDA 3,333,454.37 11,085,337.11 755,000.00 28,000,000.00 1,508,597.04 16,935.18 186,874.76 13,967,943.60 RDA RDA FA FIXED LONG TERM FINANCING LONG TERM GRAND ASSETS DEBT AUTHORITY DEBT TOTAL (8,590.30) 14,410,201.18 755,000.00 26,000,000.00 1,508,597.04 16,935.18 28.73 186,903.49 594,208.25 14,562,151.85 ACCOUNTS RECEIVABLE 57,940.02 79,157.68 8,260,000.00 8,397,097.70 PREMIUM/DISCOUNT ON INVESTMENT 60,477.77 49,252.46 109,730.23 LQRP-ACCOUNTS RECEIVABLE 44,005.78 44,005.78 INTEREST RECEIVABLE 396,121.70 319,353.36 715,475.06 LOAN/NOTES RECEIVABLE 1,856.16 2,651,091.04 2,652,947.20 DUE FROM OTHER AGENCIES 129,197.00 129,197.00 DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS 709,981.69 551,038.04 1,261,019.73 DUE FROM RDA 6,890,277.20 6,890,277.20 INTEREST ADVANCE -DUE FROM RDA 1,138,530.34 1,136,530.34 ADVANCES TO OTHER FUNDS 835,969.46 835,969.46 NSF CHECKS RECEIVABLE 2,816.68 2,816.68 ACCRUED REVENUE 833.40 833.40 TRAVEL ADVANCES 1,605.00 1,605.00 EMPLOYEE ADVANCES PREPAID EXPENSES 60,300.00 60,300.00 RECEIVABLE TOTAL 10,283,073.02 3,694,731.76 8,260,000.00 22,237,804.78 WORKER COMPENSATION DEPOSIT RENT DEPOSITS UTILITY DEPOSITS 75.00 75.00 MISC. DEPOSITS 2,100.00 2,100.00 DEPOSITS TOTAL 2,175.00 2,175.00 GENERAL FIXED ASSETS 1,098,865.00 15,008,708.00 11,438,745.05 27,546,318.05 ACCUMULATED DEPRECIATION (766,057.21) (766,057.21) AMOUNT AVAILABLE TO RETIRE L!f DEBT 3,395,117.03 3,395,117.03 AMOUNT TO BE PROVIDED FOR LIT DEBT 1,877,482.02 97,062,966.77 8,015,000.00 106,755,448.79 TOTAL OTHER ASSETS 332,807.79 15,008,708.00 1,677,482.02 11,438,745.05 100,458,083.80 8,015,000.00 136,930,826.66 TOTAL ASSETS 41 461,107.22 15 008,708.00 1,677 482.02 29,706 822.41 11,438,745.05 100,458 083.80 8,845,646.68 8,015,000.00 216 611 595.18 LIABILITY ACCOUNTS PAYABLE 1,582,216.04 11,999.44 54.880.93 1,649,096.41 DUE TO OTHER AGENCIES 867,961.22 867,951.22 DUE TO OTHER FUNDS 77,715.38 1,169,640.97 13,663.40 1,261,019.73 INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES 336,855.97 336,855.97 PAYROLL LIABILITIES 2,032.43 2,032.43 STRONG MOTION INSTRUMENTS 5,888.64 5,888.64 FRINGE TOED LIZARD FEES 19,640.00 19,640.00 SUSPENSE DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 2,892,299.68 11,999.44 1,224,521.90 13,663.40 4,142,484.40 ENGINEERING TRUST DEPOSITS 980.00 980.00 SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 472,852.23 472,852.23 LQRP DEPOSITS 15,595.99 15,595.99 DEVELOPER DEPOSITS 1,599,841.24 1,599,841.24 MISC. DEPOSITS 255.075.20 255,075.20 AGENCY FUND DEPOSITS 1,588,257.42 1,568,257.42 TOTAL DEPOSITS 3,897,008.09 15,596.99 3,912,602.08 DEFERRED REVENUE 11,250.23 8,260,000.00 8,271,250.23 OTHER LIABILITIES TOTAL 11.250.23 8,260,000.00 8,271,250.23 COMPENSATED ABSENCES PAYABLE 337,880.88 337,880.86 DUE TO THE CITY OF LA QUINTA 1,327,601.72 7,943,477.34 9,271,079.06 DUE TO COUNTY OF RIVERSIDE 15,031,457.71 15,031,457.71 DUE TO C.V. UNIFIED SCHOOL DIST. 10,DB8,148.75 10,088,148.75 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 67415,000.00 (504.08) 8,015,000.00 75,429,495.92 TOTAL LONG TERM DEBT 1,665,482.58 100,458,083.80 (504.08) 8,015,000.00 110,138,062.30 TOTAL LIABILITY 6,800,555.98 1,877,482.02 1,240,117.89 100,458,083.80 8,273,159.32 8,015,000.00 126,464,399.01 EQUITY -FUND BALANCE 34,660,551.24 15,008,708.00 28,466,704.52 11,438,745.05 572,487.36 90,147,196.17 TOTAL LIABILITY & EQUITY 41,461,107.22 15 008 708.00 1,677,482.02 29 708 822.41 11,438,745.05 100,458,083.80 8,845,646.68 8 0 55 000.00 216.11.6 595.18 0.00 104'' Tj'ht 4 4 Qui K & AGENDA CATEGORY: BUSINESS SESSION: September 7, 1999 COUNCIL/RDA MEETING DATE: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Treasurer's Report PUBLIC HEARING: as of June 30, 1999 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated June 30, 1999 for the La Quinta Financing Authority. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. ohn M. FalcoOier, Finance Director Approved for Submission by: rxy,44�� "" �""/ Thomas P. Genovese City Manager Attachment: Treasurer's Report, La Quinta Financing Authority 105 T4-ht 4 44umrw MEMORANDUM TO: La Quinta City Council FROM: John Falconer, Finance DirectorRreasurer SUBJECT: Treasurer's Report for June 30, 1999 DATE: August 6, 1999 Attached is the Treasurer's Report for the month ending June 30, 1999. This report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. Cash and Investments: Decrease of $718,247. due to the net effect of expenditures in excess revenues. State Pool: Decrease of $1,500,000. due to the net effect of transfers to and from the cash and investment accounts. U.S. Treasury Bills, Notes, Government Agency Securities and Commercial Paper: Decrease of $415,087. due to the sale four Commercial Papers, one T-Note, the purchase of one T-Note and monthly adjustment in the amortized value of the investments. Mutual Funds: Increase of $570,116. due to the sale of one T-Note and interest earned. Total decrease in cash balances $2,063,218. I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. DirectodTreasurer Date 106 003 ZZZ Z Z Z Z � � iS aEA N c WU U U. LL E a`oo �m m v m 10 N N N N S L m > m N g CD lV .Q T C NN N Y QS % C N N N Qi Z O 8 Lo m n n Z m Y .• 8 g 00 Q S o O lV O G N n m O o11 S • El p y� A A po Z di 2.. mUS O w E�Six LL w O C S y LL O go +Ym g g U ¢.E. 8- a Ee ! 8 E E 5� zI im Q ENE -aa LL &L p LU ID C 0 0 3° o (14 f-f-W O �naO N V V R m E E �c4) m 0 E L) Q m v > c m a.LL Q� W 107 www N N N C C C C C c C .x QQQtq ,j■ /� p C 4C E a 005 ��lNaC'O bN�ONOap Ofp��O�'��jH O Y1N�a CN P2 OI itOO� N HNO pjhrnNNO► O�4N"iNaD ��O H G C ~ A 0 N O N N On N Oa a v �` d ao0mgo E cE$ '0-- C U. O U. v o IL p y C C LL LL �LL 0 ` C O C 0 U. C LD $.21;�{ wo V-4'.Cli o g� • o LL U. �o E tom' �0a LL 29 awa" cU_ ti s E E w NN rn o �N{n 3ppc'! v(p4 IV'N O�LQ � co � rn -IC N w��r �te O Cl) N � N �N f�f0a0A co n I r- C) ccan�00 N a�0 N a0. Q apN0�O co co°�irn �n�', h NII tR N TN nr- N m ��NN 0tO00�i8Oc�O co y Cl) Ln r- N W N N O M � 0) �Np N�1 ON''. tol LL 10 N Epp QQ� v N in; fN0 fo !O a0 C - L O) N n N oq0O) ���Ln va7 N� E CO N Id 0 N 0 v save a� "—r- co i rn pNp app p Z r►0(0c N nO�j COOS EOD V)6 00o� o`a -- an m Cq L6 7 1N aaq 8j Q bi ;6 N n N Y O t0 aV co e- NOON (nn q of N : V N a :E r z° a .p. Agoo CO0 y E 7 8 LL �saFo� a OOF O L Q c .v c ca c LL > 's U Q N C Q N Ea > G. (Drn CJo>� J M o O o E cn g U c/5 5 -) M o d O ti �- M LO _ _ -0 •L O Q Q Q Q Q Q O Q E'" Z Z Z Z Z Z M Z 0 m ��aagaaaoa Q,ti,ZZZZZZQZ X W e0 O rnrn0rn 0) 0 0 0 O 0 oz ,? ,-,z?z r-0U) 0) O 0 N R CL O O O O O ti O 0000 � O c�Qui00 000 M 0 06 0 0," 'L OQti O cp e- O O 1` I a �'��� "'co o c >---——Zv v0o8000Z'a Hrn°::r::::::a�i� -� CO CO CO) cn CO H C6 C U � d R t !0 i 2 '� IL C m W+ [y_ r E r 7 cUUUE3 �LL c as E W!L9.tiu.LLc6=9 C h V } �a�-0Q 000) rnrn o).m rn � �< Z� Z Z m m � c 000 �M N N O O 0 0 0 =co V-00000000) O� a�t�NO ui v O c c o o O O` c CL dcaaaaa CO O O $.N,i �v)4)4) a:0(05 Y CO a) co = �- U UD L N 'OI N 4. w .a o c N Z d s CO 4) zNE E E cUUU�L) �� c m E se yU-U-u.ti EC6 �� >ZUg�gga�M� t'7 O N 7 O v B .E L a a N 0 ! | fI £ t! | � ) !» ■ !�2 | #� - | 110 q�A MA cCc °9c p LL c t C UU� to vIC) A MCR — O--O O O M N� O ; M a0 w a0 F- cn Na0 M M v N A F In A C)N cq-v (D N 1q NMO(G Mw I r'lWt 1� O M N A 40 aC q lz w 04 W) CD et N OD Oi N M A +� a0) M O O O (p A(C)tD I!')� cm A N co AG ACM N N A N A A N � N PA 'C� W OaN 001 NOIp0 N N A t0 N NNM ON NCD' (A0 M c0N V (W0 M t�0 1L V � V (�q00 10�N N po ROGo-wm �(Dr0 (Doc) (O Vi a N O to ch N co �Ae{�tl')N e-A ar0(ODp 00 (("p OWN cli N O N OEM LL � N a en V N �0 w VZ 1 V N 'O it MONO CO O "0.00 00 V cm A Go �0 LnNcq cli A a fa Na0 N COfMO Or MN Mom-- 400 M (O N M N ,a N O)� co co NA A��pNNco OaOD Ct Cl ADM aO tA0 A H tA0 D�NN0, Nt0 A(AO I7 N M N `p)M p Cp NONE O r (I� M—CO NCO N e- N O N U. '�f OaO N- I-(D— ON ON a)MOO a0 1n(n OtiOOC7 NQCOaD I CD A r L MGt �NM NW—(n��N O M U. .�t )0 N��CO � MCO�CO N C7 h W IA p)IA N M CO LO Mco A� h pp 04 A O O AIt)00 A 1� O Oct t- A ��(q ^CD )CI �pO(pppA MI'O�pOIA� V' O AA CM rl— Cl M � aOD CV O M M U.Iq qtr uM o 0001nA^N CrA c, -O(ONN (NDO 9 ccocl M v N N b 10 O C*400 M a�A�OtOOtODMO M N N Cl! O M N N� a M 06 t6 A CV ,AA C L a O C H C y Z A C a a LD Y c E w 'O N H q ' .0 C • c t fD c rn a (� a � � a a a 4¢ a c mv�a'�o m V � � a c 00 C �o cg > EDLLaC�g� r a° c FL CL -2 a C c (� ��1- o c > m is c f Q A O 1-2 079 a O m O L C �O m aH(a w 0 = 0 W 2 N O) co CA co LO co CD (M O 'tac O M LO .Ici O co O Ott CO ID CC6 O CO O N CD h co )co CD " c co O co co O US ,- — O O O � QUO (D CD i IN co A co N M CD C' a) v o O c a N y -y c N � Q m C N O LL N O y CA la0 is fya C L 1 1 1 0 0 c V Z N o Z Jg� a 11 'p .a «m Rcu U d (CCI co (n • LL C« C.)u C O c c N N CITY OF LA QU19TA BALANCE SHEET 96r3IM ASSETS: POOLED CASH LQRP INVESTMENT IN POOLED CASH INVESTMENT T-SILLMOTES i OTHER AUTO MALL CASH LQRP CASH BOND REDEMPTION CASH BOND RESERVE CASH BOND PROJECT CASH BOND ESCROW CASH PETTY CASH 100000 CASH i INVESTMENT TOTAL 30,049,051.41 1,000.00 26,012,090.65 585,646.68 57,440,788.74 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE PREMIUMIDISCOUNT ON INVESTMENT LQRP-ACCOUNTS RECEIVABLE INTEREST RECEIVABLE LOANINOTES RECEIVABLE DUE FROM OTHER AGENClF DUE FROM OTHER GOVER,. ,AENTS DUE FROM OTHER FUND;, DUE FROM RDA INTEREST ADVANCE -DUE FROM RDA ADVANCES TO OTHER FUNDS NSF CHECKS RECEIVABLE ACCRUED REVENUE TRAVELADVANCES EMPLOYEE ADVANCES PREPAID EXPENSES 80,300.00 300 .00 RECEIVABLE TOTAL 10,283,073.02 3,694,731.76 8,250,000.00 22,237,804.78 CITY CITY FD(ED CITY ASSETS TANG TERM DEBT RDA 3,333,454.37 11,095,337.11 755,000.00 25,000,000.00 1,500,597.04 16,935.18 185.874.76 13,907,943.60 RDA RDA FA D(ED LONG TERM FINANCING LONG TERM GRAND ASSETS DEBT AUTHORITY DEBT TOTAL (8,590.30) 14,410,201.18 755.000.00 28,000,000.00 1,508,597.04 16,935.18 28.73 IW,903.49 594,208.25 14,562,151.85 57,940.02 79.157.88 80.477.77 49,252.48 44,005.78 396,121.70 319,353.36 1,a56.1e 2,651,091.04 129,197.W 709,981.89 $51,038.04 6,890,277.20 1,138,530.34 SW,M.48 2, OAB $33.40 1,605.00 8,260,000.00 8,397,097.70 109,730.23 44,005.78 715,475.08 2,652,947.20 129,197.00 1,261,019.73 6,890,277.20 1,136,530.34 835,969.46 2,816.68 833.40 1,605.00 WORKER COMPENSATION DEPOSIT RENT DEPOSITS UTILITY DEPOSITS 75.00 75.00 MISC. DEPOSITS 2100.00 2,100.00 &POSITS TOTAL 2,175.00 2.175.00 GENERAL FIXED ASSETS 1,096,885.00 15,W8,708.W 11.438.745.05 27,546,318.05 ACCUMULATED DEPRECIATION (706,067.21) (766,057.21) AMOUNT AVAILABLE TO RETIRE LIT DEBT 3,395,117.03 3,395,117.03 AMOUNT TO BE PROVIDED FOR L!T DEBT 1,677,48202 97,062,966.77 8,015,000.00 106 755 448 79 TOTAL OTHER ASSETS 332607.79 15,008,708.00 1,677,48202 11,438,745.05 100,458,093.80 8,015,000.00 136,930,826.65 TOTAL ASSETS 41,461,107.22 15,000,705.00 t 6"AM02 29 706 62241 11,436,745.05 100,458,083.80 6 845 648 ee 8,015,000.00 216,611,595.18 LIABILITY ACCOUNTS PAYABLE 1,582,216.04 11,999.44 54,8W.93 1,649,096.41 DUE TO OTHER AGENCIES e87,981.22 $67,951.22 DUE TO OTHER FUNDS 77,718.36 1,169,640.97 13.863.40 1,261,019.73 INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES 338.80.97 336,855.97 PAYROLL LIABILITIES 4032.43 2,032.43 STRONG MOTION INSTRUMENTS S,ee6.64 5,888.64 FRINGE TOED LIZARD FEES 19.640.00 19,540.00 SUSPENSE DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 2,e92,299.66 11,999.44 1,224,521.90 1303.40 4,142,484.40 ENGINEERING TRUST DEPOSITS 960.00 980.00 SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 47$552.23 472,852.23 LQRP DEPOSITS 15,596.99 15,595.99 DEVELOPER DEPOSITS 1,599,641.24 1,599,841.24 MISC. DEPOSITS 255,075.20 255,075.20 AGENCY FUND DEPOSITS 108,257.42 1,568,257 42 TOTAL DEPOSITS 307,006.09 15,598.99 3,912,602.08 DEFERRED REVENUE 11,250.23 8,250,000.00 8,271 250.23 OTHER LIABILITIES TOTAL 11250.23 8,200,000.00 8,271,250.23 COMPENSATED ABSENCES PAYABLE 337,8W.88 337,880.8e DUE TO THE CITY OF LA QUINTA 1,327,001.72 7,943,477.34 9,271,079.06 DUE TO COUNTY OF RIVERSIDE 15,031,457.71 15,031,457.71 DUE TO C.V. UNIFIED SCHOOL DIST. 10,068,148.75 10,058,148.75 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE - 67,415,000.00 (604.06) 8,015,000.00 75,429,495.92 TOTAL LONG TERM DEBT 1,e85,411258 IW,458,063.80 (MM.08) 8,015,000.00 110,136,062.30 TOTAL LIAORM 6,900,55SAa 1,677,48202 1,240,117.89 100,458,083.80 8,273,159.32 8,015,000.00 120,464,399.01 EQUITY -FUND BALANCE 34,OW551.24 15,006,708.00 28,488,704.52 11,438,745.05 572,487.36 90,147,196.17 TOTAL LIABMITY i EQUITY 41,401,107.22 15.006.706.00 1.677.48202 29.706.M2241 11,438,745.05 100,458,063.80 8,846,548.68 8,015,000.00 218 611 59518 0.00 112 (11 n COUNCIL/RDA MEETING DATE: September 7, 1999 Authorization for Overnight Travel for an Animal Control Officer to Attend the "Basic Humane Officer Training Academy" given by The South Bay Regional Public Safety Consortium of Community Colleges, San Jose, CA, October 18 - 27, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -3 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for an Animal Control Officer to attend the "Basic Humane Officer Training Academy" given by The South Bay Regional Public Safety Consortium of Community Colleges. The academy will be held in San Jose, CA, October 18 - 27, 1999. FISCAL IMPLICATIONS: The training will befunded from Travel, Training and Meetings Account#101-353-637- 000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 102 ♦ Meals 350 ♦ Travel 0 (Will use City vehicle) ♦ Hotel 700 Total $ 1,152 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This course includes suchtopics as animal abuse, small animal health care, child abuse recognition and reporting, evidence collection, interview skills, circuses, and animal control skills. The class will provide hands-on animal control skills training on a wide variety of domestic animals and livestock. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve authorization for overnight travel for an Animal Control Officer to attend the "Basic Humane Officer Training Academy" given by The South Bay Regional Public Safety Consortium of Community Colleges, San Jose, CA, October 18 - 27, 1999; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 9 �J- FM -M vh 4AP-)TAY-- om Hartung, Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Basic Humane Officer Training Academy reservation form 114 002 T KEG/Opi ATTACHMENT 1 Basic Humane Officer TrainingAcademy'-" Description: This program meets educational requirements set forth for Humane Officers under Corporations Code 14502, providing 40 hours of training in the state humane laws relating to the powers and duties of a humane officer, and 24 hours of training in animal care. This course of instruction includes such topics as PC 597 laws, small animal health and care, livestock care and husbandry, livestock body condition scoring, child abuse recognition and reporting, evidence collection, interview and interrogation, pet shop inspection, animal collectors, and circuses and traveling animal exhibits. The livestock body condition scoring will be a hands-on practical lab and will include livestock handling safety instruction, working with state brand inspectors and livestock «uctions. Target Population: This course is designed for Humane Officers and Animal Control Officers. Completion of PC 832 - Laws of Arrest class prior to attendance is strongly recommended. Attire: All students should wear their department issued uniform the first day, for the Academy photograph. Students should dress appropriately for livestock handling, including protective footwear, on October 25. Dates: October 18-27, 1999 Hours: 0800 — 1700 Hrs. Credits 1.5 Semester Unit Location: Evergreen Valley College Criminal Justice Training Center 4750 San Felipe Road, San Jose, CA 95135 101 Livestock Market (October 25 only) 4400 Highway 101, Aromas, CA 95004 (Approx. 30 miles from Training Center) Fees: Total $102.00 Make Money Order/Cashiers Check payable to S.B.R.P.S.T.C. Agency billing may also be arranged Fees subject to change This program is presented through the South Bay Regional Public Safety Training Consortium of community colleges (S.B.R.P.S.T.C.). Participating colleges are: Evergreen Valley College, Gavilan, Ohlone, DeAnza, Mission, Hartnell and College of San Mateo. This program will be funded, transcripted and certified for college credit through one of these affiliated institutions. S.B.R.P.S.T.C. Contact Information - Phone (408) 270-6458 Fax (408) 238-0286 E-mail sbrpstc@sjeccd.cc.ca.us AGENCY RESERVATION REQUEST FORM — Please call, fax or email for reservations Course Title Course Date Agency Training Officer Phone # Fax# E-mail Student Name S.S.# Student Name S.S.# 115 (Updated 7/07/99) *This Form may be duplicated for additional reservations 0 :14 T4tyl 4 4 Q" September 7, 1999 COUNCILIRDA MEETING DATE: ITEM TITLE: Authorization for Overnight Travel for Council Member Henderson to attend the League of California Cities' Annual Conference in San Jose, October 10-12, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Approve the request for overnight travel for Council Member Henderson to attend the League of California Cities' Annual Conference in San Jose, October 10-12, 1999. FISCAL IMPLICATIONS: Estimated Costs: $900 Funds are budgeted in Account 101-101-637-000 BACKGROUND AND OVERVIEW: The League of California Cities' Annual Conference is held annually for Mayors, Council Members, City Managers and Department Directors. A copy of the preliminary program is attached indicating that there will be sessions relative to the local economy and how it relates to housing, recruiting technology businesses and internet based economic development; Proposition 218 legal issues update; as well as sessions dealing with strengthening public trust and building the city's team and other areas of local interest. FINDINGS AND ALTERNATIVES: 1. Approve overnight travel for Council Member Henderson to attend the League of California Cities' Annual Conference in San Jose, October 10-12, 1999; or 2. Provide alternative direction. 117 AUNDRA L. HOLA, City Clerk ..f', Preliminarq Program Outline Saturday, October 9 9:00 am Elected Officials Leadership Academy Sessions (separate registration fee required) City Managers Academy Sessions (separate registration fee required) Other Special Interest Group Meetings 10 am - 3 pm League Board of Directors Meeting 3:00 pm Policy Committee Meetings: Employee Relations; Housing, Community and Economic Development; Revenue and Taxation; Public Safety 4:30 pm Policy Committee Meetings: Administrative Services; Community Services; Environmental Quality; Transportation, Communication and Public Works 6:00 pm Optional Evening Events Sunday, October 10 8:00 am Registration Opens 8:30 am CEWAER Breakfast and Program (separate registration fee required) 10:45 am Opening Plenary Session Opening Ceremonies; Nominating Committee Report; President's Report; Executive Director's Report; Putnam Awards; Plenary Address 12:30 pm Expo Opens 12:30 - 2:00 pm Hosted Lunch in Expo 2:00 pm Concurrent Keynote Sessions 1. The Future of California Cities: Trends Affecting Your City 2. Reflections of Experience: Lessons from the State Level after Local Government 3:00 pm Break in Expo 3:30 - 5:00 pm Concurrent Program Sessions 4:00 pm Expo Closes 6:00 - 10:30 pm Host City Reception at The Technology Museum Monday, October 11 7:15 am Division Breakfast Sessions (optional) 8:00 am Registration opens 9:00 - 10:00 am Concurrent Keynote Sessions 1. Emerging Technologies and the Changing Quality of Community Life 2. Rebuild California: Repairing Our Infrastructure 10:15 -11:45 am Department Business Meetings and Program Sessions 11:30 am Expo Opens 11:30 am - 1:30 pm Hosted Lunch in Expo 1:30 pm General Resolutions Committee 1:30 - 2:45 pm Concurrent Program Sessions 2:45 - 3:15 pm Break in Expo 3:15 - 4:30 pm Concurrent Program Sessions 4:30 - 6:00 pm Gala Reception in Expo 6:00 pm Evening Free Tuesday, October 12 7:30 - 8:30 am Concurrent Breakfast Briefing Sessions 8:30 - 9:15 am Expo Open — Hosted Continental Breakfast 9:15 am Annual Business Meeting 9:15 - 10:30 am Concurrent Program Sessions 10:30 - 11:00 am Break in Expo Hall; Exhibitors Drawings 11 am - 12:15 pm Concurrent Program Sessions 11:30 am Expo Closes 12:15 - 2:00 pm Closing Plenary Luncheon Introduction of New Leadership Awards Presentations f 17 Address by Governor (invited) 1 2:00 pm Adjourn -�� Preliminarq Program Schedule e p kscroosing Year Poll" The Implications of legislative Term limits ABC; Increasing Chia' Pditical influence InfluMce • City Collaboration to Increase Influence, Slrengtiming PuMk Trust • . Practical Ethics for local Officials • Preparing Civic Leaders for Tomorrow Achienrilng Fiscal Stability Fiscal Primer far local Officials • Conducting Successful Revenue _... • Measure Ballots Tapping Technology ID a Technology Applications for Elected Officials • Challenge Forum: City Problems in Search of Solutions • Technology Demonstration Labs Succeeding as a Small City Dealing with Unfunded Mandates Waking with Stots and Other • Govemmentol Agencies 0. FD Enhancing Your Local Economy . Housing the Next Ten Million: Winning Options • Recruiting Technology Businesses • Doing and Keeping Affordable Housing Building the City Team Profitable Public Private Parmsnhi a p Enhancing CouncilStoff Relations Perfarmonae Measurement and Accountability Taking Care of Number One • . Understanding Birth Order and Working Relations 70 Managing Stress for Personal Health and Organizational Effectiveness Department Programs CA Potential litigation regarding Y2K • Departmeat liaelasss seesteas CM The City Manages Rok in Community • CA Teleconferencing and the Brown Act • MC National League of Cities Report Services • CA Contract issues related to technology CM Stress in the Manager's Office CA Tort and Civil Rights litigation update • ER Labor -Management Partnerships: • CA General litigation update CA Regulation and litigation related to guns Evolving Roles, Rights, and Responsibilities 5CA The pros and cons of alternative • CC Handling Ethical Challenges dispute resolution • FO The Property Tax System: Is It Dysfunctional or is There a Future? ER Legislative Update: Issues and CC Technology Applications in Administrative Implications Functions CS Master Planning to Most Community Social Needs FO The Impact of E-Commerce on Cities ER Managing Lost Work Time CD The Implications of the Future on FC EMS Issues in the Fire Service FO Local Government Finance: What Is • Planning in Your City CS The Future of Public Art Sacrament Planning? FC Strategic Planning in the Fire Service CD New Urbanism Revisited: Is It Right for • the 21 st Century? CS Arts and the Economic Vitality of Your City PC Update on Legislation and Litigation CO Perspectives on Smart Growth Affecting Police Departments PC Attorney Generals AJI Zone Meeting ' PW Technology Applications in Public Works PW Intelligent Transportation Systems: Options and Advantages i1R Calming Your City: City Actions Anticipating Y2K Helping Provide Safe Schools Using Our Sense to Make N Technology nations for Elected ciols Technology Demonstration labs P, High Tech Systems on low Ted Budgets Funding Infrastructure Improvements Workforce Development for Job Readiness and Poverty Prevention Enhancing Councik%ff Rel>rions;. cord Polling the Public: Practical Data Gathering Engaging Youth in Their Community and Analysis (rues 9:15 a.m. - 12:15 p.m.) Prop 218 legal Iw"s Ll Binding Interest Arbitration Optimizing Technology: Planning to Keep Up Technology Demonstration labs Technology Demonstration labs Fire Department Options for Small Cities CalFed Water Issues and Small Cities Downtown Redevelops a Realistic Expedohons' Successful Strategies Smart Communities: Internet Based For Planning for Group Homes Economic Development Creoling the Perfect City: Strategic, Planning for a Common Goal Balancing Your Personal, Professional and Public lives e CM Best Practices for B" Effects CM Manager -Police Chief Workshop (rues CA Review of 1999 legislative Session 9:15 a.m. - 12:15 p.m.) CA Implications of Del Monte Dunes • CA Binding Interest Arbitration • CA The Role of the City Attorney's Office - Making It Work CA land use litigation update ER Retirement Programs 101 CA Personnel Litigation Update CC "Smart Voter" - Using the Web to Inform Voter • � FO Y2K Contingency Planning ER PERS Rates and Your Annual Budget ER Harassment and Liability Issues FC Community Based Fire Protection FO Putting GIS to Work in Your Gty FO Truth or Consequences: The SEC and CS Reducing Cries: What Really Works - FC Sensitive Personnel Issues Financing Enforcement and Why in the Fire Service FC Technology Applications in the Fire • CD Specific Area Plans: Hove They Done / CS Parks for Profit. Privatizing Recreational Service Can They Do What You Want$ Services CS Policies that Promote Healthy (D 0 CD ColFed Issues and the Future of Cities CS Innovative Youth Programs Communities Cn • • PC Police Chief - City Manager Relations CD Updating Your Housing Element: CD The Return of Regional Planning: Same Workshop (Tues 9:15 a.m. - 12:15 p.m.) Working with HCD and Your COG Old Wolf or New Sheep? 0< • PW Publicly Owned Treatment Works and PW Design -Build: An Alternative Approach CD Technology Applications in Planning Water Quality Permits to Managing Capital Projects K The Domestic Preparedness Program and California Cities PW Public Works Contracting and Prevailing • • Wage Issues e • .. LEGEND MC Mayors and Council Members CM City Managers CA City Attorneys CC City Clerks ER Employee Relations Officers FO Fiscal Officers FC Fire Chiefs CS Parks, Recreation and Community Services CD Planning and Community Development PC Police Chiefs PW Public Works Officers 11� T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: SL ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community PUBLIC HEARING: Safety Manager and a Code Compliance Officer to attend a Training Class Given by Southern California Association of Code Enforcement Officials, Inc., Long Beach, CA, September 10 and 11, 1999 RECOMMENDATION: Approve authorization for the overnight travel for the Community Safety Manager and a Code Compliance Officer to attend a California Association of Code Enforcement Officials certification class in Long Beach, CA, September 10 and 11, 1999. FISCAL IMPLICATIONS: The training will befunded from Travel, Training and Meetings Account #101-352-637- 000. The breakdown of estimated expenditures for this class is as follows: ♦ Registration $ 200 ♦ Meals 100 ♦ Travel 0 (Will use City vehicle) ♦ Hotel 400 Total $700 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Community Safety Manager and Code Compliance Officer in the performance of their duties and ensure that our Code Compliance Department is operating within all legal requirements. Please see the attached page for course titles (Attachment 1). 12¢ FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Safety Manager and a Code Compliance Officer to attend a training class given by Southern California Association of Code Enforcement Officials, Inc., in Long Beach, CA., on September 10 and 11, 1999; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, d" 42��� - Tom Hartung, Building an6 Safety Director Approved for ;submission y. Z Thomas P. Genovese, City Manager Attachment: 1. Announcement showing class subjects �, � R 121 ATTACHMENT 1 S.C.A.C.E.O. Southern California Association of Code Enforcement Officials. Inc PLEASE NOTE CHANGE BASIC AND INTERMEDIATE CERTIFICATION CLASS DATES Due to a booking error at the Queen Mary, SCACEO's Educational Training scheduled for September 17 and 18,1988 has been changed to September 10 and 11,1999 We regret this unfortunate circumstance and any inconvenience you've encounter. FRIDAY, SEPTEMBER, 10, 1999 BASIC 103 - ADMINISTRATION INTERMEDIATE 201- I.D. SUBSTANDARD RESIDENCES Instructor - TBA Instructor - Glenn Waggoner SATURDAY, SEPTEMBER 11, 1999 BASIC 104 -COMMUNITY RELATIONS INTERMEDIATE 204- COMMUNITYACTION PROGRAM Instructor - Ed Nicholls Instructor - Patricia Whittaker LOCATION ABOARD THE QUEEN MARY, 1126 Queen Highway, Long Beach, CA (562) 432-6964 REGISTRATION BETWEEN 8: 00 - 9:00 A.M. CLASS BEGINS at 9:00 A.M. NO ADMITTANCE after 10:00 A.M. FEES PER CLASS (8 hrs each) MEMBERS: $50.00 NON-SCACEO MEMBERS: $75.00 PER CLASS RSVP BY PHONE FOR EVERY CLASS TO AVOID A $10.00 ADMINISTRATIVE FEE AND MAIL CHECK AND COMPLETED APPLICATION FORM TO S.C.A.C.E.O., ATTENTION "Certification" P.O. Box 1225, Downey, CA 90240-5467 (No Purchase Orders accepted) APPLICATION BASIC 0 103 0 104 INTERMEDIATE 0 201 0 204 AMOUNT ENCLOSED LAST FIRST JOB TITLE AGENCY DAY TIME PHONE FAX NO_ E-MAIL ADDRESS CITY STATE ZIP COPY OF P.C. 832 ON FILE? Yes No FOR A FULL REFUND WRITTEN CANCELLATIONS MUST BE RECEIVED A MINIMUM OF SEVEN (7) DAYS PRIOR TO TRAINING 122 03 T4t!t 4 4Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Authorization of Expenditure of Art In Public Places Funds for Fiscal Year 1999/2000 for Public Art Inserts in the Community Services Department Recreation Brochures RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize expenditure of Art In Public Places (APP) Funds for Fiscal Year 1999/2000 for Public Art Inserts in the Community Services Department Recreation Brochures. FISCAL IMPLICATIONS: The cost for a four -page color insert in the Community Services Department Recreation Brochures for three seasons includes the following: Fall 1999 Brochure (9,500 copies) $1,375; Winter/Spring 2000 Brochure (10,500 copies) $1,450; and Summer 2000 Brochure (8,500 copies) $1,300; for a total of $4,125 for printing costs (Attachment 1). Additional expenses include tax for insert for a total of $320 and an increase in postage, approximately $480 for three editions. The total cost for Fiscal Year 1999/2000 Art In Public Places Brochure inserts is approximately $4,925. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission, in their annual Work Plan (Attachment 2) has identified promotion of the APP art pieces by using various media. The Community Services Department Recreation Brochure is mailed to every resident in the City of La Quinta three times a year, and therefore a viable means of promoting the APP art pieces. This means of promotion has been used in the Winter/Spring 1999 and Summer 1999 Brochures and has generated interest in the art pieces by the public. By using the Community Services Department Recreation Brochure, costs are kept to a minimum by not duplicating publications and postage costs to each residence. 12� S:\Community Services\CCReports\CC.008.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize expenditure of Art In Public Places Funds not to exceed $5,000 for Fiscal Year 1999/2000 for Public Art Inserts in the Community Services Department Recreation Brochures; or 2. Do not authorize expenditure of Art In Public Places Funds for Fiscal Year 1999/2000 for Public Art Inserts in the Community Services Department Recreation Brochures; or 3. Provide staff with alternative direction. ly bmitted, , Dodie Horvitz; grr%nunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Quote From Arrow Printing For Community Services Department Recreation Brochures with APP Insert Costs 2. Cultural Arts Commission 1999/2000 Work Plan, Develop Public Art Program Information Task 12,E U 01' S:\Community Services\CCReports\CC.008.wpd FIrrow ]Printing (!ompany ATTACHMENT 1 45-102 SMURR STREET • INDIO, CALIFORNIA 92201 • (760) 347-7316 • Fax (760) 775-1716 July 23, 1999 TO: IVIT0375-1 6Yi)3JX41 MARNI - CITY OF LA QUINTA JOHN EDWARDS - ARROW PRINTING I am pleased to submit the following quote for your brochures as per your request Project 1 Fall 1999 Brochure 16 pages plus cover 80# gloss cover 4 /1 70# text offset. Price includes design scans fold stitch and trim 9500 - $4150.00 Insert 4 color 9500 - $1375.00 Project 2 Winter Spring 2000 Brochure 20 pages plus cover 80# gloss cover 4 A 70# text offset. Price includes design scans fold stitch and trim 10500 - $4900.00 Insert 4 color 9-5M - $1450.00 100 Project 2 Summer 2000 Brochure 16 pages plus cover 80# gloss cover 4 /1 70# text offset. Price includes design scans fold stitch and trim 8500 - $3900.00 Insert 4 color 9W - $1300.00 K60 The above quote is good for 3 years subject to unforseen paper price increases. For your information the paper company has informed us that they expect 2 increases this year. However, there is no guarantee that they will stick. We will keep you regularly informed. If you 125 have an questions please call. Thanu s, John Edwards ATTACHMENT 2 Cultural Arts Commission Work Plan July 1999 Task: Develop Public Art Program Information Completion Date: On going Participants: Commissioners, Staff Suggested Resources: Staff, Commissioners, printed materials, activity calendars, lists of organizations Steps To Completion: • Work with City Council to determine the best method to inform the public about the Public Art • Commissioners to design and draft contents of the information for Commission review and recommendation to the City Council for their approval • Publish information in current City brochures, on the City's Website and Chamber of Commerce map Staff Time: 6-8 hours per publication Fiscal Commitment: Costs would need to be determined for the printing Staff Role: Provide support and liaison with City Council Council Role: Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the • community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and way to encourage community involvement. 126 007 T4t(t °F 4 Q" COUNCIL/RDA MEETING DATE: 114*01-mIq AGENDA CATEGORY: BUSINESS SESSION: September 7, 1999 CONSENT CALENDAR: -1 Approval of the Coachella Valley Recreation and Park District Services for the Fritz Burns Pool Extended Season RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Authorize the extended season hours for Fritz Burns Pool, and expenditure of funds. FISCAL IMPLICATIONS: The Coachella Valley Recreation and Park District (CVRPD) has requested $2,028.66 for the extended hours from September 7 through September 30, 1999 (Attachment 1.) The Community Services Department budget contains $3,000 for the Coachella Valley Recreation and Park District (Account #101-251-663-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In the Contract with CVRPD, the opening day of Fritz Burns Pool is the first weekend of April, or the last weekend of March, depending on the Spring Break schedule of the local school districts. The pool is scheduled to close on Labor Day for the winter (Attachment 2.) On August 18, 1998, the City Council approved the extended hours of the Fritz Burns Pool for the months of September and October of 1998 with an additional $3,000 allocated from the Special Projects Contingency Account (Attachment 3.) The use of the pool in September of 1998 had a daily average of 30 users. October showed a daily use of 7 participants (Attachment 4.) CVRPD would like to keep the Fritz Burns Pool open during September 1999 only. S:\Community Services\CCReports\CC.007.wpd In order to offer the extended hours, additional funding of $2028.66 is required. During the 1999/2000 Fiscal Year budget discussions, the City Council authorized $3,000 for use by CVRPD in Account #101-251-663-000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the extended season hours at Fritz Burns Pool for September 1999, and authorize the expenditure of funds in the amount of $2, 028.66; or 2. Do not authorize the extended season hours at Fritz Burns Pool or the expenditure of funds; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz,'Com*unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Memorandum From CVRPD Regarding Extended Hours 2. Attachment "A" From Coachella Valley Recreation and Park District and City of La Quinta Fritz Burns Pool Operation and Maintenance Of Facility Agreement 3. Minutes From August 18, 1998 City Council Meeting 4. La Quinta Pool Average Daily Attendance By Month Report From CVRPD 128 00F S:\Community Services\CCReports\CC.007.wpd 07/27/99 15:56 0 CV RECREATION I�'.,001 ATTACHMENT 1 Memo To: Don Martin, General Manager From: Matthew Lohr, Aquatics Coordinator CC: James Decker, Recreation Supervisor Date: 07/27/99 Re: La Quinta Pool September Operation Hours These are the hours the La Quinta Pool in Fritz Bums Park will operate from September 7th — 30, 1999. Weekend Open Swim (Sat & Sun) - 12:00 — 4:00 p.m. Evening Open Swim (Mon — Fri.) - 6:00 — 3:00 P.M. AquaMotion Fitness Class (Tues. & Thurs.) - 5:00 — t3:00 P.m. T671 Date ?-�'- Sri' papes� �i Post -It' Fax Note To D e From c/a Phone a a • Page 1 129 �' `' �,g t ur,Gi�bJ 16:57 Ty CV RECREATION IjOU, Fritz Burns Pool in La Quinta Staff Cost for September Us'li. Weekend Open Swim Title Rate Per Hour Number of Number of�' Total I Hours I Da s Pool Manager $ 7.56 4.5 6 204.12 Lifeguards 2) $ 6.02 4.5 6 325.08 _ Cashier $ 6.02 4.5 6 162.54 Total $ 691.74 Weekday Evening Open Swim Title Rate Per Hour Number of Hours Number of Days Total Pool Manager $ 7.56 2.5 18 340.20 Lifeguards 2 $ 6.02 2.5 18 541.80 Cashier. $ 6.02 2.5 18 270.09 _ Total $ 1152.09 J Total Salaries $ 1843.83 Benefits (10%) $ 184.83 Total Staff Cost $ 2028.66 130 UU'5 r ATTACHMENT 2 COACHELLA VALLEY RECREATION & PARK DISTRICT FEW CITY. OF LA QUINTA FRITZ BURNS POOL ►ND MAINTENANCE OF FACILITY AGREEMENT THIS OPERATION AND MAE-4TENANCE OF FACILITY AGREEMENT (the "AGREEMENT') made and executed this c9O` 'day of �a.n v as _ 19 4 , by and between the CITY OF LA QUINTA, a Municipal Corporation, hereinafter called the "City" and COACHELLA VALLEY RECREATION and PARK DISTRICT, a public agency, hereinafter called the "District." WITNESSETH: WHEREAS, the City intends to construct upon property owned by the City of La Quinta, a municipal swimming pool in the Fritz Burns Park located within the City of La Quinta, and WHEREAS, the District is operating other swimming pools, throughout the Coachella Valley, and is desirous of assuming the supervision, control, maintenance and operation of this pool to provide recreational activity for the citizens of the City of La Quinta. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the District and City agree as follows: General Operation: The District shall operate and maintain the Fritz Burns Pool as a public swimming pool facility commencing when the City records the Notice of Completion. The Fritz Burns Pool shall be defined as provided. The pool shall be open to the public every day at Fritz Burns Park during the hours of operation as determined by the District (See Attachment "A"). The hours as indicated in Attachment A are estimates. The actual hours of operation are subject to change upon actual use by the public. The City shall have input regarding the hours of operation. 2. Term: This agreement subject to termination pursuant to paragraph 3, shall be for a twenty- five (25) year period, commencing on Notice of Completion of said pool and continuing through May 2023. Termination: Either party has the right to terminate this agreement with or without cause. Six months written notice of a decision to terminate shall be given prior to the effective date of termination. If either party terminates this agreement during the initial eighteen (18)', years of this agreement, the party that terminates will reimburse the other party all money t�ah�s been expended by the other party during previous years. tl UI/6 F:\FINDEPT\PROJECTS\FBPool\M OUrev.WPO ATTACHMENT "A" Suggested schedule of operation based on demands: SPRING: Openfirst weekend in April or last weekend in March depending on Easter break for school. Adult Lan Swim Monday through Friday,' 12 noon until 1:30 p.m. and 5:00 p.m. until 6:00 p.m Open Swim, Monday through Friday, 6-.00 p.m. until 8:00 p.m. and Saturday and Sunday 12 noon until 4:00 p.m.. NOTE: Pool to close after one hour if attendance is less than twelve (12) participants. ' S MNER- Summer officially begins the first weekend in June after school is out. The pool closes on Labor Day. Adult Lap Swim, Monday through Friday, 12 noon until 1:00 p.m. and 5:00 p.m. until 6:00 p.m.. Open Swim, Monday through Friday 1:00 p.m. until 4:00 p.m. and 6:30 p.m. until 8:00 p.m. and Saturday and Sunday 12 noon until 4:00 p.m. Lessons, Monday through Thursday mornings before 12:00 noon and 5-00 p.m. until 6:30 p.m. and Saturday 11:00 a.m. until 11:45 a.m. NOTE: Pool to' close after one hour if attendance is less than twelve (12) participants. 132 U 017 F:\PWO EPT\PROJ ECTS\FBPooI\M0Urov.WP0 ATTACHMENT 3 City Council Minutes 13 August 18, 1998 OTION - It was moved by Council Members Sniff/Henderson t ue the of the design concepts for artwork for the Washingt eet bridge to Septe 15 and ask the artists to take Council's co s into account in preparing ' 'onal design concepts. Motion carr' animously. MINUTE ORDER NO. 9 . 10. CONSIDERATION OF APPOINT TO THE ANNUAL LEAGUE OF IN LONG BEACH, CALIFORNI, TING DELEGATE AND ALTERNATE CITIES CONFERENCE TO BE HELD 2-4, 1998. There were no changes, - a staff report as itted to the City Council by the City Clerk's De ent and on file in the City 's Department. MOTION - ot moved by Council Members Sniff/He on to appoint Council r Henderson as the voting delegate and May na as the alterna the Annual League of California Cities Conference. Motion carried unan' usly. MINUTE ORDER NO. 98-143. 11. CONSIDERATION OF THE COACHELLA VALLEY RECREATION AND PARK DISTRICT SERVICES FOR A FRITZ BURNS POOL EXTENDED SEASON. Mayor Pena abstained due to a conflict of interest and left the dais. There were no changes to the staff report as submitted to the City Council by the Community Services Department and on file in the City Clerk's Department. Mayor Pro Tern Henderson supported the request, but questioned the need to fund it -from the Special Projects Contingency Fund. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that an alternate fund would be the General Fund Emergency Reserve Account. Council Member Perkins preferred using the Special Projects Contingency Fund Account. 133 ?.,J8 '"1 City Council Minutes 14 August 18, 1998 MOTION - It was moved by Council Members Sniff/Perkins to approve an expenditure in the amount of $3,000 (extending the season at the Fritz Burns Park Pool) from the Special Projects Contingency Fund and authorize the Mayor to sign an agreement with the Coachella Valley Recreation & Park District. Mayor Pro Tern Henderson noted that this would keep the pool open on weekends through September and October. Motion carried with Council Member Adolph and Mayor Pena ABSENT. MINUTE ORDER NO. 98-144. 12. CONSIDERATION OF APPROVAL OF THE CONSULTANT SELECTION PROCESS OR PROFESSIONAL SERVICES TO PREPARE A DESIG �"HEME, NU ESSMENTS, PLANS, SPECIFICATIONS, AND ENGINE STIMATE NE SARY TO DEVELOP THE VILLAGE COMMERCIAL DI T. Mr. Vo Public Works Director, advised that this r approval of the Consultan lection Process and RFP for Phase V i?.vements listed in the CIP. He theviewed Phases V-A through V-D icincludes the Village Commercial D 'ct theme, the Cove and Wes rd Ho residential areas, as well as the Sag ush, Bottlebrush, & Sa o residential areas and the assessment engine for setting up a er assessment district for the installation of the rem 'ng sewer fac' "s. He advised that a number of meetings will be held forillage C ercial District theme and proto-type street. The Consultant Sele C y ittee will consist of the City Manager, Public Works Director, Senior r, Community Development Director, and Planning Manager. . Council Member Henderso as concer that the proto-type street may delay getting the assessmen trios and im ements underway if it is tied to those 'improvements. he asked if the p ss for developing the Village Commercial Distric eme would hold up mo for with the needed infrastructure, to ch Mr. Vogt responded no an dvised that many of these projects will be ning concurrently. He advised t lacing it all under one contract will a it easier to control and coordinate. a individual projects will be brou forward for bid approval as they are rea d�r. Gen se, City Manager, advised that those portions havin\seAs sment stri ould be tied together depending on the amounts, as ids for t essment district under $1 million doesn't make financifor t roto-type street, minor modifications could be mademajor improvements such as sewer that would require tearing up the streets again. 134 OU9 ATTACHMENT 4 Coachella Valley Recreation & Park District 1998 -1999 Annual Report Fritz Burns Community'Pool 135 c 0 c c� .a a� Q L 5 a. o a m c 0Q N O co w 'IT N 0 0 0 a 0 Ll A L C O 2 136 Ul T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Approval of the Annual Review of Stamko Development Agreement RECOMMENDATION: That the City Council receive and file this report. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City of La Quinta, Stamko Development Company, and Juvonen Living Trust entered into a Development Agreement in July 1997 (amended in December 1998). Said agreement contemplates that Stamko Development shall develop a commercial center containing three new car dealerships (Planning Area 1) and up to an additional six new car dealerships and/or auto related commercial pads and/or a mixed regional commercial development for structures up to 306,000 square feet (Planning Area II), and a mixed commercial center for structures up to 400,000 square feet (Planning Area III). Stamko is obligated to dedicate certain right of way along Adams Street and Highway 111 that adjoin its commercial center. After dedication, the City is required to lease the right of way for Adams Street back to Stamko to make certain improvements. Once the improvements are completed and accepted by the City, the Development Agreement/Developer Lease Agreement provides that the City sublease the improvements from Stamko for a period of time ending December 31, 2011. At the conclusion of the sublease, the lease also expires, thereby returning the right of way to City ownership. Stamko began construction on its project in the spring of 1999 and, to date, has closed escrow with three auto dealers that are currently under construction. Stamko has dedicated the required right of way to the City, and the City has leased said right of way to Stamko. The public facilities within the right of way are currently under construction by Stamko. The City is closely monitoring this development agreement utilizing the services of a consultant to ensure compliance. At the present time, Stamko is complying with the Development Agreement and the project is moving forward as expected. The State statute that empowers cities to enter into development agreements requires that a periodic compliance review be held at least every twelve months during the term of the development agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Receive and file this report; or 2. Propose alternative actions for review. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office C CSTFFSTAM KO DEVAGM T09-07-99. w pd Approved for submission by: Thomas P. Genovese, City Manager 138 002 Tiht 4.4a9iKrw COUNCIL/RDA MEETING DATE: September. 7, 1999 ITEM TITLE: Approval Agreement for the Washington Street of a Joint Participation Ultimate Improvements of AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Joint Participation Agreement (Attachment 1) between the County of Riverside and the cities of La Quinta, Indian Wells, and Palm Desert for the design, project development, right-of-way acquisition, and construction of the ultimate improvements of Washington Street from the Whitewater River Channel to Country Club Drive. The estimated total project cost is $4,600,000. The County of Riverside has secured $3,500,000 of State Transportation Improvement Program (STIP) Funds for this project. The remaining $1,100,000 will be shared by the County of Riverside and the cities of La Quinta, Indian Wells, and Palm Desert. The City's responsibility under this agreement reflects the percentage of the project within La Quinta's jurisdiction, which has been estimated at approximately 10%. The estimated cost for the City of La Quinta is $109,000. The City Council approved the Washington Street widening project from Fred Waring to the north City limits as part of the Fiscal Year 1998/99 budget. An amount of $252,000 of Infrastructure Funds has been appropriated for the Washington Street -widening project; therefore, adequate funding is available. Riverside County has taken the lead on this project. A total of $3,500,000 will be funded through the STIP Program; therefore, prevailing wage applies to this project. For that reason, there are no charter city implications. Washington Street, in it present configuration, varies from a two-lane facility (one lane in each direction) to a four -lane facility (two lanes in each direction). Washington Street is planned as a six -lane facility from the Whitewater River Channel to Country Club Drive. TAPWDEMCOUNCIL\1999\990907b.wpd During the preparation of the Fiscal Year 1998/99 Capital Improvement Program (CIP), the City Council approved the project to add one lane on northbound Washington Street from Fred Waring Drive to the City's northern boundary (approximately 700' north of Darby Road). The City Council approved an appropriation of $252,000 from the Infrastructure Fund to pay for this project. In January 1999, the City of La Quinta and the County of Riverside entered into a settlement agreement for the mitigation required due to the construction of the Garden of Champions Tennis Complex. This settlement agreement provided for half of the landscaped median fronting the property of the Garden of Champions and an additional northbound through lane from Fred Waring Drive to Country Club Drive on Washington Street completing the road to two full through lanes. The agreement also provided for exclusive right and left turn lanes on Washington Street from Fred Waring Drive to Country Club Drive and all signalized intersections. All of the improvements were specified at no cost to the City. On December 14, 1998, a Call for Projects was issued by the Riverside County Transportation Commission to apply for $15,000,000 worth of State Transportation Improvement Program funding (STIP). Prior to .the Call for Projects, a number of meetings were conducted between CVAG, La Quinta, Indian Wells, Palm Desert, Riverside County Transportation Department, and the Economic Development Department for the ultimate improvements of Washington Street from the Whitewater River Channel to Country Club Drive. These ultimate improvements consisted of six travel lanes (three travel lanes in each direction) and exclusive right and left turn lanes at intersections, and a 14' raised curb/landscaped median. On January 13, 1999, the Riverside County Transportation Commission (RCTC) Technical Advisory Committee (TAC) completed the prioritization of approximately $95,000,000 worth of projects submitted under the RCTC Call for Projects to compete for the $15,000,000 of STIP funds. The County of Riverside and cities of La Quinta, Palm Desert, and Indian Wells completed a joint application for the Washington Street ultimate improvements from the Whitewater River Channel to Country Club Drive. During this meeting, the Washington Street ultimate improvement project was ranked number one of all the projects submitted. On January 25, 1999, the priority list of projects were approved by the RCTC Plans and Programs Committee in which Washington Street was approved for funding in the. amount of $3,500,000. 140 00 TA WDEMC0UNCIL\1999\990907b.wpd On January 28, 1999, a meeting was conducted in the office of the 4th District Supervisor, Roy Wilson, with representatives of the County of Riverside, CVAG, and the cities of La Quinta, Palm Desert, and Indian Wells to discuss the concept of completing the Washington Street project to ultimate width including a 14' raised curb median with landscaping. The County of Riverside Transportation Department has assumed the lead agency responsibility for this project. Final design has been completed along with the specifications and the engineer's estimate and the project is presently out to bid. All of the agencies have agreed to utilize the City of La Quinta's landscape pallet for the medians from Country Club Drive to the Whitewater River Channel. This includes the City's plant pallet, bands of rock, stamped concrete median noses, and median mounding in areas where the median exceeds 8' in width. Median lights will be installed from Fred Waring Drive to Miles Avenue. Staff will obtain a price for extending the lights from Miles Avenue to the Whitewater River Channel. From Fred Waring Drive north, there will be no median lights. The design engineer, Robert Bein, Frost, and Associates (RBF) has completed an analysis of each agencies cost share of the project based on the percentage of Washington Street within each separate jurisdiction. Of the original project estimate, ($4,600,000), $3,500,00O will be paid by STIP funding. The remaining $1,100,000 has been allocated to each agency based on the percentage of Washington Street within each local jurisdiction. The City of La Quinta's share is approximately 10%, which is estimated at $109,000. After bids are opened, a new calculation will be completed based on actual costs to establish the actual shares of each jurisdiction. If the actual cost exceeds $109,000, it will be brought forward to the City Council for consideration. If the bid comes in less than $4,600,000, the City's cost will be adjusted accordingly. The County of Riverside will not proceed with any Change Order work within each jurisdiction until it receives concurrence from the participating jurisdiction. Under the provisions of the agreement, the County of Riverside is requesting a 90% funding deposit by each jurisdiction prior to award of the contract. The County of Riverside is anticipating the bid opening sometime during the month of September 1999, with construction beginning in October 1999. The projected completion date is scheduled for sometime in January 2000. City staff is presently working with representatives of the County of Riverside and Palm Desert on joint maintenance agreements for the landscaped medians. These agreements will be brought forward to the City Council in the near future. 141 00 TA WDEMCOUNCIL\1999\990907b.wpd [mill, LRJI 1 1 i 1 The alternatives available to the City Council include: 1. Approve a Joint Participation Agreement between the County of Riverside and the cities of La Quinta, Indian Wells, and Palm Desert for the design, project development, right-of-way acquisition, and construction of the ultimate improvements of Washington Street from the Whitewater River Channel to Country Club Drive; or 2. Do not Approve a Joint Participation Agreement between the County of Riverside and the cities of La Quinta, Indian Wells, and Palm Desert for the design, project development, right-of-way acquisition, and construction of the ultimate improvements of Washington Street from the Whitewater River Channel to Country Club Drive; or 3. Provide staff with alternative direction. Respectfully submitted, Gil ' Chris A. Vogt Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Agreement for Joint Participation in Improving a Portion of Washington Street 142 T:\PWDEPT\COUNCIL\1999\990907b.wpd 004 ATTACHMENT 1 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 AGREEMENT FOR JOINT PARTICIPATION IN IMPROVING A PORTION OF WASHINGTON STREET This AGREEMENT is made and entered into on the date set forth below, by and between the County of Riverside, hereinafter called "COUNTY", and the Cities of Indian Wells, La Quinta, and Palm Desert, hereinafter called "CITIES". COUNTY and CITIES hereby agree as follows: RECITALS WHEREAS, the COUNTY and CITIES desire to improve Washington Street from the Whitewater River to Country Club Drive, hereinafter called "PROJECT". The PROJECT improvements include widening the existing pavement to provide a six lane divided arterial highway, with a raised landscaped median. WHEREAS, the CITIES and COUNTY will benefit from Washington Street improvements and have agreed to fund a portion of the PROJECT cost, being in the public's interest. Now, THEREFORE, the COUNTY and the CITIES mutually agree as follows: 1. COUNTY shall be the lead agency for the PROJECT. 2. PROJECT shall consist of preparing the environmental documents, design plans, specifications and estimate, acquiring the necessary right-of-way, construction and construction engineering to widen approximately 3.0 miles of Washington Street to six lanes. 3. The estimated PROJECT cost is approximately $4,600,000 (see exhibit 1) 4. COUNTY, through its Transportation Department, secured $3,500,000 of STIP funds for construction related items. In order to meet the PROJECT aggressive schedule, the COUNTY and CITIES agreed to advance the necessary funds for all the project development and Right -of -Way costs. The amount of this advancement is estimated to be $500,000 and shall be financed by local funds. The cost of median landscaping shall be funded by the CITIES and the COUNTY at an estimated cost of $600,000, bringing the total local agency funding to $1,100,000. The CITIES and COUNTY agree to pay the actual cost of that portion of the PROJECT allocated to the 1 1143 006 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 respective agency based on the following percentages: COUNTY................................................ $311,000............................................ (28%) CITY of Indian Wells, Not to exceed ....... $260,000............................................(24%) CITY of La Quinta................................... $109,000............................................ (10%) CITY of Palm Desert ............................... $420,000............................................ (38%) See Exhibit 2 for funding allocation calculations and Exhibit 3 for a vicinity map. 5. COUNTY, through its Transportation Department and/or a consultant shall provide design and construction engineering for the PROJECT. Design engineering shall include preliminary survey, preparing the environmental documents, design plans, specifications and estimate. Construction engineering shall include construction survey, material testing, inspection administration and supervision of construction. 6. Design engineering, construction engineering, and construction costs are hereinafter collectively called PROJECT COST, and shall be allocated to each CITY and COUNTY on the basis of the actual costs incurred therefore, and based on the percentages stated in Item 4. Any additional costs must be approved by the respective City Council and the Board of Supervisors prior to proceeding. 7. Construction shall be performed by a duly qualified, licensed, bonded and insured contractor based on the design plans. In the event either party requests additional improvements to the PROJECT, the requesting party shall bear full financial responsibility for the additional costs therefore. The City of Palm Desert desires to install sidewalk on the west side of Washington Street at an estimated cost of $40,000. The City of Palm Desert agrees to fund the entire cost of the referenced sidewalk. 8. COUNTY, through its Transportation Department shall prepare and submit to the each CITY a PROJECT cost estimate for CITY's share of the PROJECT. The estimate shall be based upon approximate quantities only; the actual quantities will not be determined until the PROJECT completion, at which time the actual PROJECT COST shall be calculated. 9. COUNTY shall provide each CITY with a copy of the successful bid and 061 007 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 COUNTY's revised PROJECT COST estimate not later than three (3) business days after the bid opening. Each CITY shall deposit with the COUNTY 90% of the CITY's portion of the estimated PROJECT COST no later than ten days after the CITY's receipt of the COUNTY's bid selection. The revised PROJECT COST will be forwarded to each CITY for their review and City Council approval. If the actual construction bids are higher than the estimated PROJECT COSTS, each CITY will have thirty days in which to consider and approve the increased CITY share and provide the COUNTY with the funds for the balance of the increased share. If the bids are less than the estimate, the COUNTY will calculate each jurisdiction revised share and provide that information to each CITY within three business days of the bid opening. Each CITY shall deposit with the COUNTY 90% of the CITY's portion of the estimated PROJECT COST no later than ten days after the CITY's receipt of the COUNTY's bid selection and revised PROJECT COSTS. 10. Upon completion of all PROJECT work, COUNTY shall calculate all final costs incurred for the PROJECT, and shall submit to each CITY a final statement of the costs, which statement shall clearly set forth the total amount for each CITY's share of the PROJECT, the total amount of funds paid or deposited by CITY for said project, and the total sum remaining due from each CITY, or refund due to each CITY by the COUNTY. The CITY's share shall be based on the percentages listed on Exhibit 2. Any sum remaining unpaid that is due by each CITY shall be paid by the CITY within thirty days from the date of submission of said final statements. Any sum remaining owed to each CITY for refund, shall be paid by the COUNTY within thirty days from the date of submission of said final statements. 11. Should the need arise for change orders during the construction phase, the Construction Engineer shall proceed with change orders not to exceed 10% of the estimated PROJECT construction cost. For all change orders in excess of 10% of the estimated PROJECT construction cost, the Construction Engineer shall inform the affected CITY of the nature and cost of the change order, and obtain the CITY's concurrence before proceeding. 3 15 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 12. The CITIES shall issue a no fee permit to the contractor. 13. COUNTY and CITIES each hereby agree to indemnify, defend, save and hold harmless the other party and their respective officers, agents, servants and employees, of and from any and all liabilities, claims, demands, suits, action and cause of action arising out of or in any manner connected with any act or omission of such indemnifying party, performed in connection with such party's duties and obligations hereunder. 4 144 009 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 NOTICES shall be sent by U.S. mail, postage prepaid and addressed as follows: COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE Transportation Department P.O. Box 1090 By: Riverside, CA 92502 Chairperson, Board of Supervisors Attn: David E. Barnhart COUNTY APPROVALS ATTEST: RECOMMENDED FOR APPROVAL David E. Barnhart Director of Transportation Dated: GERALD A. MALONEY Clerk of the Board APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By Deputy By: Deputy CITY OF INDIAN WELLS, a municipal corporation CITY OF LA QUINTA Public Works Department 44-950 Eldorado Drive Indian Wells, CA 92210-7414 By: Attn: George Watts John J. Pena, Mayor By: Mayor APPROVED AS TO FORM: ATTEST: By: City Attorney ATTEST: By: Saundra Juhola, City Clerk City Clerk CITY OF PALM DESERT Public Works Department APPROVED AS TO FORM: 73-510 Fred Waring Drive Palm Desert, CA 72260-2524 Attn: Ray Diaz By Dawn C. Honeywell By: City Attorney City Manager ATTEST: City Clerk By: APPROVED AS TO FORM City Attorney By: 5 QM nln WASHINGTON STREET IMPROVEMENTS Whitewater River to Country Club Drive EXHIBIT 1 PROJECT COSTS: Construction Related Items $ 3,5009000 Median Landscaping $ 600,000 Project Development Costs $ 500,000 Total Project Cost $ 4,600,000 STIP Funding $ 3,500,000 Local Agency Funding $ 1,100,000 Total Funding $ 4,600,000 ADDITIONAL ITEMS: City of Palm Desert sidewalk $ 409000 Detention basins R/W acquisitions $ 350,000 IM 0 -1 WASHINGTON STREET IMPROVEMENTS Whitewater River to Country Club Drive EXHIBIT 2 Local Agency Funding Allocation: City of Indian Wells committed to fund 24% of the total project cost, or $260,000.0% whichever is less. The remainder (100% - 24% = 76% ) will be allocated as follows : City of Palm Desert frontage along the project corridor is 50%. 50% of 76% = 38% Remainder 76% - 38% = 38% City of La Quinta frontage is 2,789.02 feet. 2,789.02/10,545.67 x 38% =10% County of Riverside frontage is 7,756.65 feet. 7,756.65/10,545.67 x 38% = 28% Project length (Fred Waring Drive to Country Club Drive=10,545.67. 149 ��n 0 w is NOSNOVr 8f11 1S 30d4M Li a `� �w 1S NOSa33d3r L'ISNOIDNIHSVM '1S NOlaNIHSdM g \ 1 al a3N8VM SIM I a3MOHN3SI3 a I - OGVHOG ,.., 13 o IS r 1S N000 — z U- 3AV V"I0180d— � a U 30 A3831NON 80 I 3dOH 908 150 z AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: 1Q iTEMTITLE: Approval of Plans, Specifications and STUDY SESSION: Engineer's Estimate, Authorize Staff to Receive Bids for CIP 99-07, Citywide Median Island Landscape PUBLIC HEARING: Improvements Approve the Plans, Specifications and Engineer's Estimate (PS&E) and authorize staff to receive bids for CIP 99-07, Citywide Median Island Landscape Improvements, FISCAL IMPLICATIONS: The projects are currently identified in the City's approved Capital Improvement Program(CIP) for Fiscal. Year.1999/2000. The following table represents the project budgets identified within the approved CIP: Project Approved Budget 199901 - Avenue 52 Median Landscaping $57,000 199902 - Calle Sinaloa Median Landscaping $93,773 199912 - Calle Tampico Median Landscaping $210,728 Total Budget Amount: $361,501 Less Prior Fiscal Commitment (Design): ($14,800) Funding Available: $346,701 15X TAMDEMCOUNCIL\ 1 999\990907e. wpd The following table represents the Engineer's estimate of probable construction costs by bid area: Project Engineer's Estimate Avenue 52 Median Landscaping $26,215 Calle Sinaloa Median Landscaping $66,904 Calle Tampico Median Landscaping $201,037 Total Engineer's Estimated Costs: $294,156 Based upon the Engineer's Estimate in the amount of $294,156.00, the following represents the proposed project construction budget: Engineer's Estimated Construction Costs: $294,156.00 Inspection/Testing: $22,797.01 Administration: $14,707.75 Subtotal: $3311660.76 Contingency: $33,166.98 Total Anticipated Costs: $364,826.74 The total anticipated construction related costs for this project is $364,826.74. The amount currently available is $346,701.00. A potential shortfall exists in the amount of $18,125.74 between the total anticipated costs and the funding currently available. Staff does not recommend any appropriation of additional funding at this time. Staff will be prepared to make a recommendation regarding potential appropriations after bids are received. None with this Council action; however, the project will be advertised without the requirement to pay prevailing wages which could result in lower bids. On July 20, 1999, the City Council approved the Fiscal Year 1999/2000 Capital Improvement Program. The adopted program includes the Calle Sinaloa, Calle Tampico and Avenue 52 Median Landscaping Improvement Projects. 152 002 TAMDEMCOUNO L\ 1999\990907e.wpd On August 3, 1999, the City Council authorized the waiver of the formal selection procedure; and approved a Professional Service Agreement in the amount of $14,800 with the firm of David Evans & Associates to prepare Plans, Specifications and Engineer's Estimate for Fiscal Year 1999/00, Median Island Landscape Improvement Projects (Calle Tampico, Calle Sinaloa, and Avenue 52). The project consists of furnishing and installing hardscape materials, planting, and irrigation improvements for Calle Sinaloa medians(Avenida Bermudas to Eisenhower Drive), Avenue 52 medians (Desert Club Drive to Avenida Bermudas) and Calle . Tampico medians (Washington Street to Eisenhower Drive). In addition, median landscape lighting will be installed on Calle Tampico. To economize the costs for construction, reduce staff time required to manage the services, and reduce the time to complete the improvements, staff is recommending that the three improvement projects be combined and bid as one project. This approach has been used on a number of occasions and has been successful. The project bid documents were created in a manner that allows the Council the flexibility to award all or part of the project as budget considerations necessitate. By approving the project plans and specifications, the City will attain design immunity pursuant to Government Code 830.6. Considering City Council approval of the PS&E and authorization to receive bids on September 7, 1999, the following project schedule is anticipated: Bid Period (30 days): Contract Award: Sign Contract/Mobilize Construction Period (90 days): Project Acceptance/Close out: Lp I 1_ ' ► 1 O ' it September 8, 1999 to October 7, 1999 October 19, 1999 October 29, 1999 November 1, 1999 to January 31, 2000 February 2000 The alternatives available to the City Council include: 1. Approve the Plans, Specifications and Engineer's Estimate (PS&E) and authorize staff to receive bids for CIP 99-07, Citywide Median Island Landscape Improvements; or 2. Do not approve the Plans, Specifications and Engineer's Estimate (PS&E) and do not authorize staff to receive bids for CIP 99-07, Citywide Median Island Landscape Improvements; or 1511 003 TA WDEFRCOUNCIL\1999\990907e.wpd 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager 154 T AP W D E PT\CO U N C I L\ 1999\99O9O7e.wpd 004 u S CF��OF MY� AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: Approval of Specifications and STUDY SESSION: Authorization To Receive Bids for Avenue 54 Resurfacing Project No. 99-10 PUBLIC HEARING: Approve specifications and authorize staff to receive bids for Avenue 54 Resurfacing Project No. 99-10. There are adequate funds ($355,000) for this project in the Public Works Street Maintenance, Contract Services Account No. 101-454-609-000 as part of the Comprehensive Street Maintenance Program. The Engineer's Estimate to complete this project is as follows: Item Unit Qty. Unit Cost Amount 1. Mobilization L.S. 1 $5,000.00 $5,000.00 2. Traffic Control L.S. 1 $4,000.00 $4,000.00 3. Crack Seal L.S. 1 $4,000.00 $4,000.00 4. Pavement Fabric Sq. Yd. 15000 $ 0.75 $1 1,250.00 5. Asphalt Paving Ton 1675 $ 25.00 $41,875.00 6. 4" Skip Yellow (Detail 5) L.F. 5280 $ 0.08 $422.40 7. 4" White (Detail 27b) L.F. 10560 $ 0.22 $2,323.20 8. White Pavement Markings S.F. 144 $ 0.82 $118.08 9. Administration $6,898.87 TOTAL $75,887.55 15� T AMDEMCOU NCI L\ 1999\990907k. wpd Item Unit Qty. Unit Cost Amount Rubberized Asphalt Paving Ton 1,675 $60.00 $100,500.00 Sub -Total Items 1, 2, 3, & 4 $24,250.00 Sub -Total Items 6, 7, 8, & 9 $9,762.55 TOTAL $134,512.55 This project is funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. Depending upon the Bid results, the City may realize a cost savings in this area. As part of the City's Comprehensive Street Maintenance Program, the resurfacing of Avenue 54, between Madison Street and Monroe Street, was scheduled and budgeted for in Fiscal Year 1999/2000. This project consists of crack sealing, placement of pavement fabric, two inch asphalt concrete overlay, and traffic striping. Add/Alternate No. 1 provides for the placement of a two inch rubberized asphalt concrete overlay. Rubberized asphalt concrete is highly skid resistant, quieter and environmentally friendly. A two inch resurfacing project uses approximately two thousand (2,000) waste tires per lane mile. In addition, this material provides a long lasting color contrast for striping and marking. Depending on the bid results, this option may be utilized in an effort to study the feasibility of utilizing rubberized asphalt concrete for future overlay projects citywide. This project will take 30 consecutive calendar days from the date of the Notice To Proceed to completion of all improvements. Based upon a September 7, 1999 authorization to receive bids, a tentative schedule for this project .is as follows: Authorization by the City to Receive Bids Bid Opening Award of Contract Construction Notice To Proceed Construction Period Council Acceptance/ Notice of Completion 09/07/99 09/29/99 10/19/99 11/01/99 1 1 /01 /99 to 12/01 /99 12/21 /99 156 002 The alternatives available to the City Council include: 1. Approve specifications and authorize staff to receive bids for Avenue 54 Resurfacing Project No. 99-10; or 2. Do not approve specifications and do not authorize staff to receive bids for Avenue 54 Resurfacing Project No. 99-10; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. W t Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 157 003 T4ht 4 XP Q" COUNCIL/RDA MEETING DATE: September 7, 1999 1D o_ Approval of Fiscal Year 1998/99 City of La Quinta Development Project Fee Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: JAX- STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 1998/99 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. FISCAL IMPACT: The City must expend or commit developer fees from Infrastructure and Quimby Funds within five years of their receipt and must account for these fees in a separate fund. Art in Public Places fees must be expended or committed within two years and must be accounted for in a separate fund. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Art in Public Places, and Quimby fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. 151 (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Art in Public Places, and Quimby fees for FY 1998/99 (Attachment No. 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Art in Public Places, and Quimby fee programs meet the requirements of Government Code Section 66000 for FY 1998/99. ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report 159 nn9 O m W N m N �+ c m N W c (i (MO m M (D O Obits of N y m M0 UOOO � cc In m Cq M LL V'� m Nn Off m c m C �p � hh m m wI 1p m LL N J N a y N 3 0 > a 0 o C o N a L 0 w L_ a m O y U y m O d E y 0 af'�o15 co_ o a« o y C m a y N > 'o C mad >> C C N cm N r C. O. C r Q 2 Q a�U0 2 0- U Ft m H W L) H F 0 N m � v N (DEN U m V (OOM O' W VaD (A N M �m Y]MM E Wm m c .-- N V m � O E o N N m m o c C � L. LL C d o c m rn m W m m m m y� c U F o2oom c JN .....� w .� N O $vavom U N N N N N y 1 U iJ c t0 IL y N N N N� N m c Sc0000LL } UUUUa (0 LL N N N N 'O LL N LL c J J 7 J w } m N c c c C ._. UI C > > > > l0 y LL O O KKK , K ATTACHMENT L 0 00 0 00 (m0 ( 0 0(p c� (NOm� 6 V M ODm OOMONOOq w 0 EO NOO NO���j 0((JO 60400 NOS mNO66 Iwo 'i �M� BOO ��NMU1 -loco MO pMjO }r �vir oi�o-7 m 06 Z W m W J 0 3Z a O W Q p g Z V F K > n = N W F 0 T J Z�� O C a H d >Uwwoo$,g>ai a>>>o w a z z v v W 0 0 y v LL m z 2 (7 > Q= O LL O O QQ C E C N Z Z O O W Z Z Z 2 E w a x y a s z a w w 0 z o W. o w z N o z g o E Z o a va~i E a g o z , w o g m> 3 w w o LL y m tyq U Z K U a 2 m 3 V e y 0 o c 3 a Q Z O w 0 Z N H y LL W N Z Q °¢ � U° v g W u o 3 3 a 3 w cc C O cu . O O 0) C w g We N - Y do). Q C O O O_ U N @ C N CO O OU Q N O O n We o 7 QCl) N O 3 C C O O Q7 >00 N N C N n Ny G a� ro yen co U C Oo 7 E 2.2 r C) 0. � N ,�O � N U WO,R v o -o nCLN r O L @ ON O CD to )'a. o_ a� m -0 co 00 y p (0 N N ci N CO c0 c7 O C OS ._ O) U N 4) r io E J A E O>� w V n c`o UEoo a> o } (D C U C� C7 LL LLLL C O w O N p O O � O p O 161 a w`� O e w ca e m O 0 d L � 1 C .6 £ E OdI=w O c w mks n a �= a d,«w u c Ko c Q �Uir` 1' Q,o LL z E E Um�mn��nv�iom .p NmM.-m�a Z �o Uu�i U g �MYnMYY�T O.n of UM « m � w � N R � mmmm m_m_m_mm_m9 w ` E o o E E E E E E" LL't �N N'ttiy y9 > rn u°1 yeZZ:a y eew F 7000 QQQQH oo 'a�e obo -- E8 v o e e oo ;e qq o eve e o g. �oS mw n m N YwmN S8S �aDOaiNrOYmnNOm 80TwgOrC�.O-Omi f gaMD_O�OO��umi Omi_O N Mvlh Nam- w � «M «Y MN� ^�mMb YY ��mOOMf OMfmmmmpM10Y1m rnmm01��1 �i�Oi �Im mmmmmmmmmmmTN Ys Emm U Y m mm m m m'8i m mmmm mmmmm mmmmmm a`a og� owM Edo awn n am n M No vMYi .i MmmNm XS w m M« « $mm N Y m fMC 18 Im « e i ` d d z z z «•. bbb T a s � . w w w w w E �c`c ccpoova���3 v' xz wmm`mmorwc `mv�rn �w�ccc ' =nnnnn e(3.o.o0w.ci' E oo4�¢r' y d as m1. c -2 3 c ar A a oYu_n = w w w w w u JJvooNy��U m' -°c E E 3 m'm' AmccccE`wa NxmmmY�s22xxmLL Jndrn�OL«�>2d �w3:3 5350 auAAww _ 00000_ _ 162 0�,rl Tit,, 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 ITEM TITLE: Approval of Designation of Voting Delegate for the League of California Cities Annual Conference in San Jose, October 10-12, 1999 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appointment of Mayor Pro Tern Henderson as the City's Voting Delegate for the League of California Cities Annual Conference in San Jose, October 10-12, 1999. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: In order to be eligible to vote on the resolutions during the League's business session, at the annual conference to be held in San Jose October 10-12, 1999, an elected official must be designated as a voting delegate. Mayor Pro Tern Henderson is the only elected official attending the conference this year. FINDINGS AND ALTERNATIVES 1. Designate Mayor Pro Tern Henderson as the City's Voting Delegate for the League of California Cities Annual Conference; or 2. Provide alternative direction. AUNDRA L. /JUHOLA, City Clerk City of La Quinta, California 16� League of California Cities Better Cities —A Better Life July 1999 RECEIVED '99 JUL 21 PM 12 42 CITY OF LA QUINTA CITY CLERK To: The Honorable Mayor and City Council From: Carolyn Ratto, League President, Mayor Pro Tem, Turlock Re: Designation of Voting Delegate for League Annual Conference 1400 K Street Sacramento, CA 95814 916.658.8200 FAX 916.658.8240 www.cacities.org This year's League Annual Conference is scheduled for Sunday, October 10, through Tuesday, October 12, 1999 in San Jose. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Tuesday, October 12, at 9:15 a.m. at the San Jose Convention Center. To expedite the conduct of business at this important policy -making meeting, each city council should designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 24,1999), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at 916/658-8236. 164 League of California Cities Annual Conference Voting Procedures Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the Annual Conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Annual Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Annual Business Meeting, exchanges may be made at the Annual Conference registration area. At the Annual Business Meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Annual Business Meeting. G:\policy\acres\voteprox.doc 165 T44 4,4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September. 7, 1999 CONSENT CALENDAR: -Lq ITEM TITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract 28457-1, Bella Vista PUBLIC HEARING: •Illl 14 0111-1119 •1 Accept improvements to Tract 28457-1. None. None. p1011,110;t0• 0 1• • � The Bella Vista subdivision is located on the north side of Fred Waring Drive east of Washington Street. All improvements are now complete and other obligations of the - Subdivision Improvement Agreement have been satisfied. The alternatives available to the City Council include: 1 . Accept improvements to Tract 28457-1 and authorize staff to release security as outlined in Attachment 2; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt 16� Public Works Director/City Engineer TA WDEMCOUNCIL\1999\9909079.wpd Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 167 T:\PWOEPT\COUNCIL\l 999\990907g.wpd V ATTACHMENT 1 VICINITY MAP (NO SCALE) w mm ATTACHMENT 2 TRACT 28457-1 Improvement Performance Security Payment Security Warranty Security Domestic Water $92,000 $92,000 $9,200 Sanitary Sewer $107,249 $107,249 $10,725 Streets & Storm $270,888 $270,888 $27,089 Drainage Monuments $4,400 $0 $0 Grading $32,700 $32,700 $3,270 Electrical $160,200 $160,200 $16,020 Perimeter Wall $130,000 $130,000 $13,000 Perimeter & $163,800 $163,800 $16,380 Basing Landscaping $961,237 $956,837 $95,684 Median (Participatory) $83,440 Traffic Signal $55,608 (Participatory) Retain full amount of participatory improvement security until improvements are constructed. Release performance security when warranty security is received. Release payment security in 90 days (December 7,1999). Release warranty security in one year (September 7, 2000). 169 005 T:\PW DEPT\CO U NC IL\ 1999\990907g. wpd T4'y,, 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September. 7, 1999 CONSENT CALENDAR: ITEM TITLE:. Acceptance of Improvements Associated with Tract 28457-2, Bella Vista STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract 28457-2. None. None. The Bella Vista subdivision is located on the north side of Fred Waring Drive east of Washington Street. All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. The alternatives available to the City Council include: 1 . Accept improvements to Tract 28457-2 and authorize staff to release security as outlined in Attachment 2; or 2. Provide staff .with alternative direction. Respectfully submitted, Chris A. V gt Public Works Director/City Engineer 1 �{ TAP WDEPT\COUNCIL\1999\990907i.wpd Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 171 T:\PWDEPT\COUNCIL\l 999\990907 i. wpd ATTACHMENT 1 VICINITY MAP (NO SCALE) 172 004 Improvement Grading Streets & Storm Drainage Domestic Water Sanitary Sewer Electrical Monuments ATTACHMENT 2 TRACT 28457-2 Performance Payment Warranty Security Security Security $76,200 $76,200 $7,620 $185,200 $185,200 $18,520 $102, 700 $1021700 $10, 270 $60,900 $60,900 $6,090 $0 $0 $0 $3,900 $0 $0 $428,900 $425,000 $42,500 Release performance security when warranty security is received. Release payment security in 90 days (December 7, 1999). Release warranty security in one year (September 7, 2000). 173 005 T:\PW DEPT\COU NCI L\ 1999\990907i. wpd Tiht 4.4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September.7, 1999 CONSENT CALENDAR: ITEM TITLE: Acceptance of Improvements STUDY SESSION: Associated with Tract 28457-3, Bella Vista PUBLIC HEARING: Accept improvements to Tract 28457-3. None. None. The Bella Vista subdivision is located on the north side of Fred Waring Drive east of Washington Street. All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied. The alternatives available to the City Council include: 1. Accept improvements to Tract 28457-3 and authorize staff to release security as outlined in Attachment 2; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Voirt Public Works Director/City Engineer TAP W DEPT\COUNCIL\1999\990907h.wpd Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 175 002- T:\P W DEPT\COUNCIL\ 1999\990907h.wpd ATTACHMENT 1 VICINITY MAP (NO SCALE) 176 tl� ATTACHMENT 2 TRACT 28457-3 Improvement Performance Security Payment Security Warranty Security Grading $4,208 $4,208 $421 Street & $121,448 $121,448 $12,145 Storm Drain Domestic Water $49,200 $49,200 $4,920 Sanitary Sewer $44,500 $44,500 $4,450 Electrical $32,557 $32,557 $3,256 Monumentation $ 5,800 $0 $0 $257,713 $251,913 $25,192 Release performance security when warranty security is received. Release payment security in 90 days (December 7, 1999). Release warranty security in one year (September 7, 2000). 177 005 T:\PW DEPT\COUNCIL\ 1999\990907 h. wpd T4ht 4.4 09mrcv AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: 1 '•1.1 111 LG• Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-8, Century PUBLIC HEARING: Crowell Communities Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-8, Century Crowell Communities. None. None. Tract 23995-8 is located on the southwest corner of Adams Street and Miles Avenue (Attachment 1), and consists of 81 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of August 26, 1999, City staff has received approval of the Final Map from the City's Acting Surveyor. A Subdivision Improvement Agreement has been executed by the developer; however, the associated securities have not been received. it� T:\PWDEPT\STAFF\Montellano\23995-8cc. wpd As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (October 7, 1999), of the securities outlined in Exhibit "A" of the Subdivision Improvement Agreement. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the final map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-8, Century Crowell Communities; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 23995-8, Century Crowell Communities; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo§t Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 179 002 T:\PWDEPT\STAFF\Montellano\23995-Scc.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 23995-8, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting. other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 23995-8 is conditionally approved provided the subdivider submits all required items on or before October 7, 1999. Section 2. The City Council's approval of the final map shall not be considered valid until the City .Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 180 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 7, 1999. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7th day of September 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 181 004 ATTACHMENT 1 PROJECT SITE MILES Ai'A'NUE c ARD XO I VICINITY MAP 18 006 N W W W 2 N L6 W PyN u O •� b;S �j N Y>. N :3d Z i i i yWI F W O x imb o li '' I ^ ddi I� < Vrq U W �Eliz— �co2.1v;w e� � mn Pa a. ye V dm Oa cn Jt< O p V1 d 0. m> cy F Fm coo y Ok y u) •+ �O.I mp O N a n% �0 I.wiV gU'Iz zO C 1/1�• �+ �e u iW Yb1 <HzNH N N >N a b: W Kpt.' w & La -'.b N > g o� b 0. N �W baby pppp` N Wy � pW1UR W KF04 11yy s F W<Oyl� bF I62f.1 Ff t y �I=. K>Gys Z N J �IsS Z 11.II.�� yy11~ZN JF FWyD 01 FG g b- 54 J imN-7 �'� U2 $Wno = W IFySI yy z F b=yIu r .. 1. .p� C� >�J S WG NZW� GG�iW1 JJ <��WSI CH Zi WyIW H NWN>b W9 GUN W=i b�o0 NN>Z¢Soa r i d N 9 i 01 i-C bl=yN� NK��N b lobo yu 1p JJJW i W--WS JN RS:2u N yZy1N W oz. � W�t i NHZEs 8 b I KNW u W RN7 I i I. i y yb11 az -v -i IA 884 &U m y N g O G G b �O!�✓ a bN��>Y i a b+'I 610 ��pp 88 Oi iN pp x`; ld W 2. VMS i N bSIC SO. I WW WN I 2i m A iW JFb 1�Ntd�b ; y� i5i A iO W 1rspn�.1�111 4 i 1 } Y W f i!W W INF IPN _ m 4t 1''11 S 6 ME 1e z g. ^ � 2N201y1.J� i0 pnpQ( pN 'y P = S�.P.H4 #b 1> J jj ` byWd W saj� ii1Cf�ip'i1r`a ii W -W- ^ ~ 1d ' 6KulfN 1. uu = �� iN yy1ee - Z N J� G t7J 646 1!WNW>q 1 ft-KY W ��, i 12 ' ub-�oiA1: i '= ME y1 Oi 1 - a Y Y u I 1� u ' NOV W�1 W.1-alb Isis a 1 4N b4 TTA_CHMf NTW2 i�3 m p�i !F 'GJ 5 Y� 1K 1yJ 2 IW� Abu p8,pv Yu It 'a IJWJ J_W Ap by= >mm yy> e '~I 1Wi . W1 � � �'p iu> Sows Ily QeJ 1W7h X-z CO 1 diii I pJd 51 y � ui7f NbW N ui ��S G JJ 1y iP 1 K�EFxy xjq 51.4 RM 01 219/Z6-30 no GM47 Pw 15V93-04 Wl 228/72.75 Wl 2=7-75 oo LN Dr3r 60'C 265a 4r) rS1 VP LP. ON 1.r W/RIV. CO. SUV. TAG IN Not YELL ACCEPT AS CTR V4 COR SEC. 19 PER ITS 5U47. PH 15IM-94. PARCH "W U.A 94-178 iE NEC. "a 18, "" " � �! ,r 8R18T. Nm 108M7M,OA, b_ y i z IA r3C 3r7 i 1R•103a 00•) t L•loa Dr ) cT-31. A) R8 2W42 cN 2r30.5r Etb I�Tx LINE Or INST. 101600. BEE. 11/304a a R cR�45631 cLaa3 5r$ t T•117. @) C �► i+ I669 71 15 14 �Lf 4 13 4. R8 aal �,y� '� � 1i W ," q 19 rL 1• I.P. rLUSK TAGUID 4 M2' 1 7 4Y RN500. 00' ) ACE 26401. PER NO &WIN-87 17. 7r i•DL 10•) ACCEPT AS S V4 Cox. SEC 19 `- c11B327) ra 1.1. P. IL LS 5749. 1.T t x B• A' 30 ACCCPT As I)R-x CHANKL ra P, rLlMsl LS R/v AND SO. SCC- LINE ACSPr ANT-x C)w PCR P.K 17t/ZI-27. ,4,t• AND fW -- LINE or) T0. 1.1. P. OR 0.r W/RIV. Ca f1AV. TAG IN Nov. WELL ACCEPT AS C V4 CO. SEL 19 PER OS SU47. PN ISIM-94, K HIARLAND NO sl]/i7-ri 1 0 DRIVE 29 SHEET 2 OF 4 SHEETS IN THE CITY OF IA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT MAP NO. 23995-8 BEING A SUBDIVISION OF A PORTION OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M. MAINIERO, SMITH AND ASSOCIATES, INC. JUNE 1999 ENGINEER'S NOTES - INDICATES FOUND 1' 1. P. FLUSH, TAGGED RCE 26401 PER TRACT NAP NO. 23995-3. RECORDED AS M. B.273/48-51, UNLESS NOTED OTHERWISE INDICATES FOND 1• 1.P. FLUSH, TAGGED RCE 26401 PER TRACT MAP NO. 23995-6, RECORDED K IL278/69-72, UNLESS NOTED OTHERWISE INOI TES FOUND 1' I.P. FLUSH. TAGGED RCE 26401 R TRACT IMP NO. 23995-7, RECORDED J 282/33-36. UNLESS NOTED OTHERWISE ES SET 1' I.P. FLUSH, TAGGED RCE 26401 ES SET 1-1/4' BRASS DISC STAMPED RCEFLUSH, IN A C. PAVEMENT (RIV. CO. STL200• 400' 600•' MONUMENT), UNLESS NOTED OTHERWISE ES MEASURED AND RECORD DATA PER TRACT SCALE 1••2017 MAP Na 23995-3, RECORDED AS M. IL273.148-31, UNLESS NOTED OTHERWISE. dich- 1-3 INDICATES MEASURED AND RECORD DATA PER TRACT MAP NO. 23995-6. RECORDED AS M. L 278/69-72. (-) INDICATES MEASURED AND RECORD DATA PER TRACT MAP NIL 23995-7. RECORDED AS M. B. 282/33-36. SET NAIL AND TAG IN CURB AT THE PROLONGATION OF ALL FRONT LOT CORNERS, STAMPED RCE 26401. SET NAIL AND TAG IN CURB AT ALL B. C.•S AND E.C.'S EITHER PERPENDICULAR OR RADIAL TO CENTERLINE, AS APPROPRIATE, STAMPED RCE 26401. AT ALL REAR LOT CORNERS, SET 1' I.P. FLUSH IN NATURAL GROUND, TAGGED RCE 26401. SET NAIL AND TAG IN CODE. FOOTING STAMPED RCE 26401 OR NAIL AND TAG IN FENCING MATERIAL, TAGGED RCE 26401. AS APPROPRIATE. PUE INDICATES PUBLIC UTILITY EASEMENT IIIATA DEDICATED HEREON CWD INDICATES COACHELLA VALLEY WATER DISTRICT THE BASIS ff BEARINGS FOR THIS NAP IS THE NORTHERLY LINE OF THE SOUTHEAST 1/4 OF SECTION 19 AS SHOWN ON TRACT NMP NO. 23995-1 RECORDED AS N. L. 249/84-87, TAKEN AS N 89.3520' E TOTAL GROSS AREA " 19.88 ACRES TOTAL NET AREA = 14.79 ACRES (RESIDENTIAL LOTS) THIS SUBDIVISION CONTAINS 81 NUMBERED RESIDENTIAL LOTS. 3 LETTERED STREET LOTS •A, B' AND 'C-, AND ONE WELL SITE LOT 'D'. RTww woos I MDNS I.Ea /DIST- TANOaT 1 worlo•Iry I DL00 N Or4r 4rC I too. 00 ) M or 14• Iry Go.91 N or 10• Iry 144.00 1 lE N 0r4a 06•v 5L 22 M 14.31. 3ry Irim JE M 3r4r 51-v IL67D JE M 46.01•Iry 14C x4 N 46•10'Ilry MOO M 46•sw 36-V 7O.96 N 4ro5.4ry M96 N 41' lr 4ry N 673rorE 41L 16 N 26.Or5ry 5L 01 N Sr 1741•V 13L 50 1 N 63.34.47 V 41.42 If L70r 10•E 8977 r%•2r 45M 17 73 OI 37.50 ) ( N W3747v Igloo ) (I- sr 54• 31a 00 1a 63 5.30 x 173YOYY 69. OI ) INOr2731•V 6a00 I M Orlr4ry 167.00 IN Dr34• I7E 30L 29 ) M orU3.4ry 10a 00 N Dr34•ll•C 283 v LO m w C CO c U]W F C^Qpvqq't• C.W., z �'••�s" F U rn o Z� •�.� O k.pq d� QOZ �84g8d888Re888saA^oo•og'd'8880.�.88'.ew88oRtidio8'd �7I"SS71AfiFIfR��8R:9919nRR8R8RBR"'a8RR8�38g^fiRRlt $edgC8883789181Ri�o8od3888eA8o8Ri: PIS 88^e,Co88 RRRRaIde�L13PwRH--lull; BS338R8goi.81 �3E^o^aRRBi p88ss888888R�R�����aS•,�8�A«I�•8':d,R18ss's,e�^ IBM- � RL.b:. 881`1S:.b Lb�}�, �bS:.kt; hb:. {p�q ON H cc d O•C�z LL yH Or NZm fti O LL WZO d pp a5 H Vjz Ri WZN U CC.J71 �• `• J ®� �d Q di �?• o, CP �•Cj+ '9 '9 `a• '9 � 8 �.• $. n as IT dIct CO w top m ,, �. � �:a,; + M to d N � 10 W �p o d {o o r a .• E �� '8 � d 1 btr dlP $ P.U.E. N i b! _ �'a,.� o.. `�1;� �,J �4� A. y e L L�A°� � fu�,La.,�•EFE an r 1 r ® r N 100to •aE' M LDd; '4p+'� : •� N �.f i°°� a N l�+s.lt•L jp• 30' o N F• j? Y .•1 •i� 1f s /O,Z1• N1y 17•!f'f 00 00 100.0' ., n N g pQ s i IO' ` f to• P.U.E. co L' . N 100•W !0'04•!4•F OF N�•� i LO0.00• ag N !7'3E'fF'E 011 S7'F00 100•45Ln ' 8 CD ID Qt U « Of pg ^• O p Nlf. WOVE W WWI" g J U Y'p' FFO $ N!B't 00' N !7'47.•E L00.00' 500.00' EO M N J F0• r8 s Loo. �' ` W d 'Y' I J R N!0•F4'FE•LOV N!G'00.04 FO S @ Wa tM N1F, 10•�• :v w 7 F°FF�E � C f00.0o' 8 100.0o 1771ii g N!r!t' an �. 8 k food' N !'E $ 6 N 40•14'5E'Eve N 40•20'49'E00 N 40.l0•!!'E 40.00'0 1+ f00.00' 100.00' N 40•!0'E7•E OU 00 ti / f00.00' p g 6 100.00• tO It n ti E <i. 5 M 41•24'40'EW N tl•'E0a 100.00' f00.00 N 41• N 43f�. EN 40'�'F �a k4 � t00.0f f0' P.V.E� to' P.V.E. j 30• �. P.M. `^ N ^ I �- 10' incn 1�f0' P.U.E. 6—I ry b l��HS 33S UUy 187 En CC)w w N Ix � �/� \ . L ✓ ~� o O _ ��wz U) - ON ;I P, C! U X4 O 0 CJ o PFI y �R:gssssas�naAo ;.aa� Ras R t�aeRaRS seasaassagroaaa�s+aaaA A11•L1F•LSR^:A:::aIB Aa�� 717. "' ER81HY7Yit RR^eStil^RR3�R�^RfIR91319 �asca�aSSSasae�anasva&es�saas*esaaR.SaaRRRRass-aaR-88s88R8saa3C �t':f"RF"'I"�•'w�3:9:'Io8R�1}96i19833^�,e•«°:�8k1�1388e�pAf �=w�>;=��AA: iSlBfdSBaB�I 8888 888 8 88888888 8ggg8g8g8g8y8388888888888888 �g8g8g88g8g8g8g8s88888888 A{TtR�9gRltR8R�88�� ��9� SCR � 9�9'<�g€g RRARRR�SS8�6SF��R:$�� 7353•"1Ro•,8'�•"a93i1^••,8;3�9I68nA9717R�ypSIN,^oV.".IBO^.!Qo�i°dd=Q?738o>;lo@s>�8o0R�•9 3e5e388S`�"'SA`4�Ri3`AAA�8i8ASgAaa�Si0w918ag:.SS'�eO388Awt�R`tlNfJ'A � w z b S T. b :• : b b� 1. S b b b� b M b i��� �i � b�� b b b� S S b b b k� T. e b b '. S � � b��� b b� b R b b z z z z z z '3'�:01-� HS ^ S za �� En oW0" 1i d a s oT �c �%E' wwa ' a 8 .co•ooT sp .00.001 ,00'00f s L1p 0 (UO W 3.EG.61.100 N F r an 3.0r. r2.1r N 3.0a.Bt.Tr N q g .CO'001 V�P77 ( 7 003' t. TV TV N as Z m 4 c rw1 w1-LL 7 p W W — t ^ A qa J J ri f (ypQ� w o a a so oos 8 e 8 00 001 S S m-001 R 8 g 712m w003.L6.0[.a► N RI p03.BE,r6.aY N 9 3.06.66dr N Q As 001 00 3.r0. W it M _. .___ IR• m : ogya �${Rj � ♦ k d' elf w�yp s a �w s 6 s meOg:6 Oto n T S 3 ; S §� .10•001 o0•001 00.001 S 3 a 003.0a.{Y.6Y N 3.01.0r8r N © 3.rr.aE.EY N 003.66.m" M s m : w cn `• a QA m R z to a me a g 00.0oT S S •3'n•e .0s uj z 00'008 3.61.9O.N 01 3.0.99.6Y N 00 OOT 00 00'00 a a0'001 1� 3.10'.W r N J s a w E g a s w ■ w' ImD �g8 to I' w i 8 to p �ci(i �, •-, •3•n•d .01 §N^ z N } 3.fY.B0.6r N 0 z n e •�� I 00.00i o0dr'oosN zl� m'oo{ N 00.00a 3.6r.60 3.Cr.6G.6r N LU to to 6 a O3 ® m ^o $� _ ewa g N WO g �$9 �B c j O00 Y60p•C+6 1z oc �91 N T� �,+ l J = C .l° � 7•Y6 N ® a.zr.eo.w N � d° a 0 4 % �.Bt,� N 8 n��, ® ® 3.rro�� N K•p•��S CR^8 cn cn N sa .. w S's• m e Rio I- Pi kw � >Ra •+A w&� ''�i '� 8 d ^j a,•p �. m ti`y .�' ra•GL ta•ae ea•e[ sa•6z1 6 \. a •+ y. j ^ e`� u u 00.00 00•ac Ic 6e r4 ae oS� 4i yap a of d� �3� ot•za6 3.sr.M AP N `, d S y 0i y d• of LL + r ^ \ �8 you p 8 •?�$` ^ tU §' (V §' d (V a § w ^ s 118p8A6 ID m Qn ®® OvOCT�30er.w.6Y N� ®.IIr 2ID02I'$' + O � 60'YZa 3.A.W.Q N lG J n d t'7 y4 O 0T'96T ! a►.66 AV N ® 3•►0,� - 1T A d w Ap, p••b �. r 00'0a {a'fY W•Op'0DN .�.�,•q`4'1s IN \ / m: aY +�s cr) s e m s cu S a m Ncu s d d . 'C, LAC, n d Of s ��t • ~- /`,(3 O� , e os / �4Y •o� n r S.i�T07T `1 b a a Ulu CITY OF LA QUINfA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 23995-8 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 27th day of August , 19 99 by and between Siena Del Rey, LLC, a California limited liability company, By: Century Crowell Communities, LP, a California limited partnership, By: Century Homes Communities, a California corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City.,, RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 23995-8 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B.. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as 'Warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one 1 or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. Oil T:\P W DEPT\STAFF\G UZMAN\TRACTS\AGREEMEN. TS\23995-8. wpd 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall O pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-8.wpd 012 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 191 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-8.wpd 013 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not 19 2 been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\GUZMAN\TRACTS\4GREEMEN.TS\23995-8.wpd 014 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the. State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 193 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-8.wpd 015 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: Gar �Vi eintryhce resident of Operations �- By: �� I-�-- Title: David J. Mi r stant Secretary Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date By: Siena Del Rey, LLC, a California limited liability company Century Crowell Communities, a California Limited Partnership By: Century Homes Communities a California Corporation, its General Partner (909)381-6007 August 27, 1999 Date August 27, 1999 Date Date Date 194 T:\PWDEPY\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-8.wpd _ 016 Exhibit A SECURITY - TRACT 23996-8 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council Improvement Description Performance Streets & Storm Drainage 819,358 Grading 174,728 Domestic Water 156,453 Sanitary Sewer 105,876 Electrical 124,365 Monumentation 13.750 Construction Subtotal: $1,394,530 Engineering & Plans (20% of Construction) 278,906 No -Plans Contingency (25% of Project) 418,359 Total: $2,091,795 Labor & Materials 819,358 174,728 156,453 105,876 124,365 0 $1,380,780 195 017 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On August 27, 1999, before me, Doris A. Benoit, Notary Public ,personally appeared Gary Weintraub and David J. Miller , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public this area for Official Notarial Seal �# DORIS A. BENOIT i 'c COMMISSION 41141784 = o N=FWPUBUCGCALVOAMA = SANBERNMWN0C0UNrY —► * W Com "M E*ft JUKE 13, X01 +,�:+��.., ..,�.� ,.�.a. , o-a •, ., v;:k�rr *t*+MGM###### (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 196 NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION On Mav 5, 1999, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell"); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kent Armstrong, Kenny Felkel, and Marty Butler. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements., and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, Gary Weintraub, as Vice President or Assistant Secretary, is authorized to sign on behalf of the Corporation, as General Partner of Centur% Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery is authorized to sign on behalf of the Corporation_ as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entitv and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that copies of these Minutes may be provided to any person or public agenc% requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED" SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: Mav 5, 1999 ATTEST: 1 1 Pavelak, President Ernest 0. Vincent, Assistant Secretary L'pannmutes.engwrit\OSl Sv3 doe 019 NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION On December 2, 1997, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California, 92408, in reference to the following - RESIGNATION OF DAVID A. FOGG AS VICE PRESIDENT AND CHIEF FINANCIAL OFFICER AND APPOINT1MINT OF DAVID J. MILLER AS ASSISTANT SECRETARY WHEREAS, David A. Fogg resigned as Vice President and Chief Financial Officer of the Corporation effective November 14, 1997; RESOLVED, that David L Miller is hereby appointed Assistant Secretary of the Corporation, to sign on behalf of the Corporation as Assistant Secretary in all circumstances where the signature of an Assistant Secretary of the Corporation is required. All Directors were present and unanimously consented to the above. DATE: December 2, 1997 TTEST: r hn W. Pavelak, President Ernest O. Vincent, Assistant Secretary 197. 020 Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: September 7,1999 Approval of a Supplemental Agreement with Riverside County for the Use of Community Development Block Grant (CDBG) Funds for Construction of Desert Club Drive Improvements, College of the Desert Smart Classrooms - ADA Renovations, and Public Service Funds for the Boys and Girls Club - La Quinta Unit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: it STUDY SESSION: PUBLIC HEARING: Approve the Supplemental Agreement and authorize the Mayor to sign the Agreement (Attachment 1) to utilize the sum of $144,020 in CDBG Entitlement Funds for construction of Desert Club Drive Street Improvements ($94,020), College of the Desert Smart Classrooms - ADA Renovations ($20,000 as a pass through), and public service funds for the Boys and Girls Club - La Quinta Unit ($30,000). FISCAL IMPLICATIONS: Approval of the Supplemental Agreement requires the reimbursement of $144,020 in CDBG Entitlement Funds to the City for the construction of Desert Club Drive Street Improvements ($94,020), public service funds for the Boys and Girls Club - La Quinta Unit ($30,000),and College of the Desert Smart Classrooms - ADA Renovations ($20,000 as a pass through). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Supplemental Agreement, between the City and Riverside County, is to authorize the use of CDBG funds for FY 1999-2000 in the amount of $144,020 in accordance with the Housing and Community Development Act of 1974. This allocation reflects a proportional share of the Riverside County's entitlement allocation from H.U.D. The City submitted CDBG applications to the County for the projects in February, 1999; the applications were subsequently approved by the Board of Supervisors. For the past sixteen years, the City of La Quinta has been participating in the Urban Counties CDBG program with Riverside County. Entitlement Funds for CDBG Program Years 9-23 have been expended for the Senior Center construction, La Fonda Street construction project and public service funds for the Boys and Girls Club - La Quinta Unit. The City has previously entered into a Supplemental Agreement with the County for the use of CDBG funds. This Supplemental Agreement is for funds which have been approved and are available at the beginning of the new Federal Fiscal Year which begins October 1, 1999. Monies become available for reimbursement to the City upon approval of this Agreement by the City Council and the Riverside County Board of Supervisors. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Supplemental Agreement and authorize the Mayor to sign the Agreement to utilize the sum of $144,020 in CDBG Entitlement Funds for construction of Desert Club Drive Street Improvements project ($94,020), College of the Desert Smart Classrooms - ADA Renovations ($20,000), and public service funds for the Boys and Girls Club - La Quinta Unit ($30,000);or 2. Do not authorize the Mayor to sign the Agreement. This alternative would not allow the City to receive $144,020 of Entitlement funds for the Desert Club Drive Street Improvements project, College of the Desert Smart Classrooms - ADA Renovations, and public service funds for the Boys and Girls Club - La Quinta Unit; or 3. Provide staff with alternative direction. Respectfully submitted, rry HeFan, Community Development Director Approved for submission by: rZ � �/- - �-- t—st Thomas P. Genovese, City Manager Attachments: 199 1. Supplemental Agreement 002 P:\BETTY\CCrpt.Supplemental Agreements(3) 1999.wpd ATTACHMENT #1 1 2 3 File: 4.LQ022,024,0.325 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 16, 1996, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated July 16, 1996, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $144,020, CDBG Entitlement Funds, as specifically identified in Exhibits "A", "B" and "C", respectively, which are attached hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 4.LQ022, Boys & Girls Club of Coachella Valley Membership Fees Waiver/Reduction Program - $30,000; 4.LQ024, Street Improvements - $94 020• and 0.325, Smart Classrooms - ADA Renovations - $20,000. CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and 1 W1 004 r, 1 specifications prior to CITY's construction of same when a project consists of a construction activity. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 1999 to June 30, 2000, and proceed consistent with the completion schedule set forth in Exhibits "A", "B" and "C", respectively. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of CITY and COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) make payment of the grant funds to CITY as designated in Exhibits "A", "B" and "C", respectively, and (2) monitor the project activity to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting 2 201 005 f J monthly requests for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement must be reported by June 1, 2000 for projects eligible under 570.201(e), Public Services. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by CITY under this Agreement. 3 202 006 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibit Exhibits "A", "B" and "C", respectively. c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), that at least fifty-one percent (51%) of the persons benefitting from the CDBG funded activities are of low and moderate income and meet the program income guidelines attached as Exhibits "A", "B" and "C", respectively. The CITY must provide the direct benefit documentation required. 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations 4 203 007 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 found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph lla, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. 5 204 008 1' 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference incorporated herein. C. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of 205 I interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use for a period of five (5) years from the date that the City is no longer a part of the urban 7 206 01 (17 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 COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN - Department of Public Social Services of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. Oil 207 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 C. Beneficiaries Provide the following: 1) Total number of direct beneficiaries 2) Percent of total number of direct beneficiaries who are: • Low and moderate income • Low income • Black, not Hispanic origin • White, not Hispanic origin • Hispanic • American Indian/Alaskan Native • Asian or Pacific Islander • Female Headed Households 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time.to time by COUNTY. 7 1• 012 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 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. IDATED: ATTEST: GERALD A. MALONEY Clerk of the Board I By Deputy (Seal) DATED: ATTEST: JT:es F:\USERS\CDBG\4TH\LQ\SupAgr99.022.wpd COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF LA QUINTA By: 10 Mayor EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of La Ouinta Address: P.O. Box 1504 La Ouinta, CA 92253 FILE: 4.LQ022 Project Title: Boys and Girls Club of Coachella Valley Membership Fees Waiver/reduction Program Location: 42-600 Cook St., Ste 120 Palm Desert Description: CDBG funds will be used to provide financial assistance by subsidizing Membership fees (through fee reduction or fee waiver) to 136 low and moderate income participants of the after school care services program. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. NOTE: PUBLIC SERVICE ACTIVITY, FINAL CLAIMS MUST BE SUMITTED BY 5/15/2000. Project Budget: Cost 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Subsidy Program 30,000 10) Contingency TOTAL $ 30,000 CDBG Approved 30,000 $ 30,000 210 014 EXHIBIT A Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FILE: 4.LQ022 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-99-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) Revision, Date July 1, 1999 June 30, 2000 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Boys and Girls Club of 4.LQ022 Coachella Valley Membership Fees Waiver/reduction Program Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of La Quinta 10. DESCRIPTION OF PROJECT: (760)564-5555 CDBG funds will be used to provide financial assistance by subsidizing Membership fees (through fee reduction or fee waiver) to 136 low and moderate income participants of the after school care services program. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACTS)/ENUMERATION DISTRICTS) 12. ANTICIPATED ACCOMPLISHMENTS: Continuation of fee reduction program for children of low/moderate income families. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) S S S Public Services 30,000 14. Totals $ 30,000 $ S 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $ 30,000 211 015 EXHIBIT B Page 1 SUPPLEMENTAL AGREEMENT Sponsor: City of La Quinta Address: 78-495 Calle Tampico La Quinta CA 92253 FILE: 4.LQ024 Project Title: Public Facility Improvements• street curb gutter, sidewalk Location: Desert club: Avenue 52 to Calle Tampico Description: CDBG funds will be used toward costs associated with the improvement of Desert Club Drive from Avenue 52 to Calle Tampico. Eligible expense activities include; street widening, curbs, gutters, sidewalks, ADA compliance, and design / engineering. Project Budget: Cost 1) Architect/Engineer Design Costs $ 40,886 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency 10,000 308,227 TOTAL $ 359,113 CDBG Approved 94,020 $ 94,020 212 016 ri EXHIBIT B Page 2 Timetable Implementation Schedule Milestone Execute Supplemental Agreement Project design Project bidding Construction Submit CDBG claims FILE: 4.LQ024 Start Date Completion Date 7/1/99 8/30/99 10/1/99 1/31/00 2/1/00 5/30/00 6/1/00 9/30/00 5/1/00 12/31/00 213 017 EXHIBIT B Page 3 FILE: 4.LQ024 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-99-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) Revision, Date July 1, 1999 June 30, 2000 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Public Facility Improve- 4.LQ024 Categorical Exclusion ments: street, curb, gut- ter, sidewalk 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of La Quinta 10. DESCRIPTION OF PROJECT: (760)777-7125 CDBG funds will be used toward costs associated with the improvement of Desert Club Drive from Avenue 52 to Calle Tampico. Eligible expense activities include; street widening, curbs, gutters, sidewalks, ADA compliance, and design / engineering. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (b)(1) 11. CENSUS TRACT(S)/ENUMERATION DISTRICTS) 12. ANTICIPATED ACCOMPLISHMENTS: Comprehensive street improvements to Desert Club Drive in slum/blighted area. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY Form HUD-7067 ) Benefit Benefit (a) (b) (c) (d) (e) S S S Public Facilities 94,020 14 Totals $ 94,020 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $ 94,020 214 018 215 EXHIBIT C Page 1 4 SUPPLEMENTAL AGREEMENT Sponsor: College of the Desert Address: 43-500 Monterey Avenue Palm Desert, CA 92260 Project Title: Smart Classrooms - ADA Renovations Location: College of the Desert FILE: 0.325 Description: The College of the Desert has obtained $9.25 million in State funding that requires a $150,000 match. All funds will be used to renovate buildings on campus. Renovations will repair obsolete unsafe conditions and install a new fiber optic system that will greatly enhance education service delivery by allowing for the use of technologically advanced equipment and methods. $4 million of the State funds have already been employed in the first phase of construction. In order to receive the second $4.25 million a $150,000 match must be obtained by local sources. This project benefits both 3rd and 4th supervisorial districts. CDBG funds will be used to pay for those components of the project related to accessibility and physical barrier removal. THIS PROJECT IS BEING ADMINISTERED BY THE COUNTY OF RIVERSIDE EDA ON BEHALF OF THE CITIES AND SUPERVISORIAL DISTRICTS LISTED BELOW: Third District Fourth District La Quinta Palm Desert TOTAL Project Budget: $25,000 25,000 20,000 50,000 $120,000 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL Cost 9,125,000 $ 9,125,000 CDBG Approved 120,000 $ 120,000 216 019 Prohibition Against Conflicts of Interest EXHIBIT CI_, page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204 (c)) , the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570.203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 217 0?n 4 Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will'permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. ✓ a 021 Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 1 of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section 4. 4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. 219, 022 Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. ## A-11 (pg. 2 of 2) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. 220 023 z O O O tie0- OctW 00 W cj C) . a co z ��o O to N co r� ai CO W N Iq a ti z o00 N vvco a: co fl cl W — N IV a to H 0 mU)co LO N IV W 4. ee� W ZO C) 0 in ® W N M E z a O - v z o00 N I1NO a: Ix C Cl) W e3 a � Cl) O = F' z O O O O N m C� CO O Li R' V— W ch X N IL W z o 0 0 0) W) IV N C R a W IL v d LU O� O ¢Zu } � �Oz LL. o } W oW0 IL co > J Q U c >- -� J W � m LaL CA CoZ0 Q N W �W� Z� pc�o �c LU mC)m >0)U Q� U z W > ~ Q CA H � � 221 U24 COUNCIL/RDA MEETING DATE: September .7, 1999 ITEM TITLE: Approval of Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc. None. Ku—llillu'Lei None Tract 29121 (Attachment 1) is located on the Winged Foot, within the PGA West Development and consists of 17 residential lots (Attachment 2). This new tract, being developed by MSG Enterprises, Inc., was conditionally approved at the July 20, 1999 City Council Meeting. The developer failed to finalize and submit all the required documents within the 30-day conditional approval process. The developer has submitted the final map in substantial compliance with the tentative map, Subdivision Improvement Agreements and Improvement Security (Attachment 3) and has otherwise satisfied conditions prior to approval of the final map. The alternatives available to the City Council include: 1. Approve the Final Map and Subdivision Improvement Agreement for Tract 29121, MSG Enterprises, Inc.; or 2. Provide staff with alternative direction. 22� TA WDEMCOUNCIU1999\990907z.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: rxxxvz'� /• Thomas P. Genovese, City Manager Attachments: 1. Tract Map 2. Vicinity Map 3. Subdivision Improvement Agreement 223 TAP W D EPT\COUNCIL\ 1999\990907z.wpd ATTACHMENT 1 C*7 52ND. AVE 53RD. AVE 0 }emu W 54TH AVE PGA WEST . 2 S ITE ; DIEMICH RD. AIRPORT BLVD. VICINITY MAP NTS 224 004 E a CS VS- A St 10 Ili A! TI 11��7i11���Y1�YiYlYi J r o lit 1 I I �� m 1 I I L_ -T. J{ I � I i hs � V) a < y r ! f lilt m o >— � b N � �Oil V!, oz I Iti I; 14%1H Q 2 0105 ATTACHMENT 3 CITY OF LA QUINFA SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29121 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 14+k day of JVIy , 19 99 , by and between MSG La Quinta Homes, LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29121 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. 1 mprovement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 226 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd J06 Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 22.7 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd �i I,1 ►I Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 228 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd �I �) RRbe 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved. by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd 009 09 Pa*4'af E' and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its fights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 230 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd I) " 'f) Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 MSG La Quinta Homes, LLC 20700 Ventura BLVD, STE 128 Woodland Hills, CA 91364 (818) 710-0911 By: Date Title: mav,aa�n4 ✓�-[ n� b�/ By. Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date 231. T;\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29121.wpd r; Page 6 of 6 Exhibit A SECURITY - TRACT 29121 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or releaged as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases, shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 72,780 72,780 Grading 39,120 39,120 Offsite Participatory Improvements' 47,680 0 Monumentation 5,000 0 Totals: $164,580 $111,900 N i rovem nt item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $47,680 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 232 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of /1 On �'/'�-�1 % before me, e.-9j ga�! l� DATE NAME, TITLE OF OFFICER - E.G., -JANE D0,f, NOTARY PUBLIC - personally appeared tJ/ C S .Qef e_tn le NA (S) OF SIGNER(S) ❑ personally known to me - OR - L`1 proved to me on the basis of satisfactory evidence to be the person( whose name(,) is/ark subscribed to the within instrument and ac- knowledged to me that he/41ae/they executed the same in his/fir/t it authorized capacity(iA), and that by his/Upr/tht�rr signature(p) on the instrument the person(p), OFFICIAL SEAL or the entity upon behalf of which the REGENIA HENSLEY P COMM. #1107841 person(p) acted, executed the instrument. Notary Public - California b RIVERSIDE COUNTY My Coission Expires AUGUSTmm7, 2c700 WITNESS my hand and official seal. SIGNAT RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ JAIDIVIDUAL ®" CORPORATE OFFICER a..a�Pr TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE & TYPE OF DOC`UP6ENT NUMBER PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 rite 233 Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: September 7, 1999 CONSENT CALENDAR: Consideration of Funding Request from the La Quinta High School Foundation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: The La Quinta High School Foundation is requesting $10,000. The Fiscal Year 1999/2000 Budget includes funding in the amount of $2,000 for each of the four schools located in La Quinta for a total of $8,000 in the La Quinta School Program Contribution Account( #101-251-663-000). Additional funding is available from the Special Projects Contingency Account (#101-251-663-000), which has a balance of $54,369. CHARTER CITY IMPLICATIONS: ISM BACKGROUND AND OVERVIEW: The City Council received a letter from the La Quinta High School Foundation under written correspondence at the August 3, 1999 City Council meeting. This item was referred to staff to bring back for consideration at the next meeting. The request from the La Quinta High School Foundation exceeds the $2,000 per school amount established by the City Council at the July 6 meeting (Attachment 1). As identified in the correspondence, the La Quinta High School Foundation has been established to solicit funds for the La Quinta High School International Baccalaureate program to be implemented during the 1999/2000 school year (Attachment 2). The International Baccalaureate program is designed to raise the academic achievement among the students at La Quinta High School, as well as improve teacher training that benefits the students. ivEz �� a S:\Community Services\CCReports\CC.004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding in an amount up to $8,000 for the La Quinta School Foundation from the La Quinta School Program Contribution Account; or 2. Approve funding in the amount up to $10,000 for the La Quinta High School Foundation from the La Quinta School Program and/or the Special Projects Contingency Accounts; or 3. Do not approve funding for the La Quinta High School Foundation; or 4. Provide staff with alternative direction. ly s*mitted, oWitz,-'C.o*nunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes of July 6, 1999 2. Request from the La Quinta High School Foundation 235 S:\Community Services\CCReports\CC.004 ATTACHMENT 1 City Council Minutes 14 Zwegether, 9 th more input from the community. He felt the Board works an dn't wish to see it changed. Council er Sniff suggested leaving it as it is thro the winter, and consider chan it next year when there are four vacAfFies. Council Member Perko reed that community ' Ivement is important, but felt more members mean ore work fors . He didn't have a problem waiting until next year and as if the in was to fill the current vacancy. Council Member Sniff felt it was app a to fill the current vacancy, noting that it would provide continuity n the vacancies come up next year. Council Member Perkins urred, but wished metime in the future to receive staff's input as he workload on staff in s' .ion to a five -member commission versus en -member commission. In response to yor Peria, Mrs. Juhola, City Clerk, advised th he City has received ab five applications for the current vacancy. M7imously. - It was moved by Council Members Sniff/Adolph to appro he Int Advisory Board Fiscal Year 1999/2000 Work Plan. Motion carr d u MINUTE ORDER NO. 99-92. 5. CONSIDERATION OF CONTRACT GRANT AGREEMENT AND COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, advised that staff is looking for direction in regard to the guidelines for various community groups to submit applications for funding from the Special Projects Contingency Account. Council Member Sniff wished to see the funding/grant requests divided into three categories: 1) contract services such as the La Quinta Chamber of Commerce, La Quinta Arts Foundation, and potentially the La Quinta Historical Society; 2) grants to other agencies such as CVRPD, Mountains Conservancy, and the schools; and 3) grants to other organizations such as Friends of the Library, Soap Box Derby, and Concerts Association. Beyond that, he wished to see an additional amount of at least $30,000 maintained in the Contingency Fund for Council's discretionary use. Council Member Adolph agreed, and wished to see that suggestion explored 236 000004 City Council Minutes 15 July 6, 1999 Mr. Genovese, City Manager, advised that per Council's direction at the last Council meeting, funding for contract for services for the La Quinta Chamber of Commerce and the La Quinta Arts Foundation has been established. In addition, a separate line item has been established for the La Quinta Historical Society at $27,000, and a total of $20,200 for the following line items: C. V. Economic Partnership at $5,000, C. V. Mountains Conservancy at $5,000, C. V. Recreation & Park District at $5,200, and the Date Festival at $5,000; making a grand total of $47,200 without the contract for services. The current amount left in the Contingency Account is $62,369. Council Member Henderson suggested using the IRS classification for governmental agencies to define the second category. Mr. Falconer advised that governmental agencies, such as cities and special districts, are classified under 501(a). Mayor Pena agreed with using the three categories and including C. V. Economic Partnership with the contingency group. Council Member Henderson agreed. Council Member Perkins wished to make sure that the funding is used for local benefit, and that the school amount is given to the schools to distribute. He was somewhat concerned about the restriction on repeat requests, noting that it would keep some organizations, such as the Sheriff's Dive Team, from being eligible each year. Council Member Sniff agreed, and noted that some of the organizations are ongoing and need annual support. He suggested changing the language to give preference to local organizations. Council Member Perkins wished to see a report come back to Council on the feasibility of purchasing the La Quinta Historical Society property and leasing it back to them. He felt that it's an important part of the City's history, and would like to see it expanded, but the burden of a mortgage is hindering them. Council Member Sniff agreed with checking it out and talking to the Historical Society about it, and felt there might be significant advantages to owning it. He felt that it's not going to have the drawing power that it should until it's enlarged. 237 000005 2 City Council Minutes 16 July 6, 1999 Council Member Adolph agreed, and felt it would be a tax advantage for the City, noting that the City's annual funding amount would pay for the building in four years. Council concurred on asking staff to look into it and report back to Council. After a brief discussion, Council concurred on the following: establishing three offunding categories of 1) contract services, 2) 501(a) governmental agencies, and 3) other organizations; eliminating the repeat clause; Council reviewing the applications, but not advertising the program; allocating $2,000 for each of the four schools with the funds being distributed as requests are received until the funding are depleted; and 501(a) agencies do not have to file a form. Council Member Henderson wished to receive a department report on the school funding requests as they are distributed. MOTION - It was moved by Council Members Sniff/Adolph to establish the three funding categories of 1) contract services, 2) various agencies and boards and governmental agencies, and 3) all other organizations, with the requests being brought back to Council for allocation and distribution of funds, and to allocate $8,000 to the schools. Motion carried unanimously. MINUTE ORDER NO. 99-93. CONSIDERATION OF APPROVAL OF A MEMORANDUM OF UNDERSING H THE COUNTY'S EMERGENCY MEDICAL SERVICES AGE R JOINT M ING OF EMERGENCY AMBULANCE SERVICES. There were no% ges to the staff report as sub ed o the City Council by the Building & Sa epartment and on file ' e City Clerk's Department. Mayor Pena felt at some po the e, the Council should discuss having a dedicated ambulance service City. Mr. Genovese, City Ma, , advised tha one of the Council's goals to look at during the upco fiscal year, and tha proposed Memorandum of Understanding ' t intended to take the place o analysis. MOTIO,W was moved by Council Members Sniff/Hender approve the Me dum of Understanding with the County's Emergency Ser s Agency f int monitoring of emergency ambulance services, and designate the Building & Safety Director to serve on the EMS Administrative Group. .1 238 ATTACHMENT 2 LA QUINTA HIGH SCHOOL FOUNDATION Box 1901 La Quinta, CA 92253 Tel: 760-564-4634 Fax: 760-564-0560 July 14, 1999 Ms. Dodie Horvitz Director of Community Services City of La Quinta P.O. 1504 La Quinta, CA 92253 Re: $10,000 Funding Request La Quinta High School Improvement of Academics via IB Dear Ms. Horvitz: This is a request for funding on behalf of La Quinta High School (LQHS) to improve academics during the coming 1999/2000 school year via the International Baccalaureate program. This will be the first year for the program at LQHS. There is a crying need for improvement of academics and this program has been tried and tested at other schools with spectacular results. The $10,000 we are requesting will go towards either 1) the implementation of the IB program, or if you so request, 2) training of teachers to improve the traditional academic areas of study. La Quinta High School is now five years old and the recent SAT9 test scores place LQHS in the 37`h percentile among US high schools. Results should be much better. By comparison, Riverside North HS, which has an IB program but incorporates disadvantaged areas of Riverside, has test scores in the 57`h percentile. Many Orange County schools score in the 90`h percentile. As La Quinta grows, clearly something needs to be done regarding academics at LQHS. This is an issue which directly concerns residents of La Quinta with schoolage children. Background on La Quinta High School LQHS was opened in 1994. and has a student body of 1800. The physical plant is beautiful and it is one of the most attractive schools in Southern California. For forty years, La Quinta has had a large community of retirees and a small residential community; however, in the past 8 years the demographics have changed due to the new arrivals. This is becoming a suburban community and 61 % of the student body is Hispanic. LQHS has already established itself as a school offering "hands on" experience to help nurture future career choices. Programs have been established to prepare students for careers in computer science and graphics, healthcare (such as medical technicians, nurses, etc.), and hospitality services including specialized hotel cooking classes. What we are missing is well -trained teachers who can inspire and lead students in traditional and rigorous academics. LQHS has one of the lowest percentages of graduates going on to University of California schools in the state. Of this year's graduating class of 376, approximately 15 were admitted to UC schools. The wealthy retirees, who do not have schoolage children, skew the statistics so LQHS does not qualify for disadvantaged federal funding programs as does Indio. But, as of this point in time, the retirees have contributed little to the school — unlike many other California communities. Our school is in the unique position of missing out on federal funding and on private endowments. 000007 23 9' Background on the International Baccalaureate Program The International Baccalaureate Organization was formed in the 1960's and has established a specified curriculum for the IB program. There are 48 schools in California offering the IB program. The first step begins when secondary school teachers are given intensive training at the national IB center in New Mexico, in order to receive IB accreditation. This summer seven LQHS teachers are attending this IB training program. In turn, these accredited teachers begin to offer a rigorous pre -university course of studies, leading to standardized and empirical examinations, which may result in the award of an IB diploma. The IB diploma is recognized internationally by organizations such as UNESCO and most universities. It is equivalent to the Baccalaureate degree awarded to students throughout Europe and Latin America. College admissions departments at universities throughout the US understand that students who complete the program are highly motivated secondary school students, and they tend to look favorably upon IB candidates seeking college admissions. The real benefit of an IB program is that, historically, it refocuses a school's attention on academics. As a member of the LQHS Foundation I personally have visited IB schools to witness the impact. Again, using Riverside North HS as an example, this teaches what can be achieved in high school education within a short period of time. Riverside is located approximately 75 miles away from La Quinta and the socio-economic mix is very similar to the student body at LQHS today. Many of the Riverside North students come from middle income backgrounds where they were unable to obtain assistance from sources specifically available to low income students. Although IB began at Riverside North five years ago as a small program for 30 students, today it encompasses hundreds of members of the 1560 large student body. IB classes double as Advanced Placement (AP) or Honors classes. Even though a student is not going for the full IB diploma, the student may take the IB/AP/Honors class so long as the course pre -requisites are satisfied. This brings more students "to the party" and creates a strong sense of pride in the school, that they are receiving these specialized IB classes. After five years of summertime IB training, now 56 of the Riverside North teachers have had this additional training. They are admittedly teaching on a higher plane than before. Unfortunately, standardized testing only began in California two years ago so we'll never know the incremental increase IB has brought to Riverside North since its inception. However, the socio-economic profile at Riverside North is very similar to La Quinta and we know they are in the 571h percentile when it comes to testing (vs.371h percentile for LQHS) and Riverside North is sending 89 graduating seniors to UC schools next year (vs. 15 from LQHS). We believe that the IB program at LQHS will raise levels of academic achievement among the students at LQHS within the next 5 years, and the Riverside North Experience ( as well as that reported by other IB schools) gives us a reasonable basis in fact for such belief. We have submitted three years of proposed budgets for the IB program along, ith this application. Funding for the first year, hopefully, will come from local donations and the sale of a student directory. $10,000 has been set aside by the Desert Sands Unified School District for the IB program. Nearly $15,000 in pledges has been raised from members of the community. We anticipate more contributions as the LQHS Foundation was only begun last month. Any shortfall will be covered by the Principal's discretionary fund. We are seeking $10,000 from the city of La Quinta as it is your citizens, and their children, who will benefit as we re -focus LQHS on rigorous secondary education. i:w: 240 The Foundation In addition to IB, there is an overriding need for teacher training in a number of areas. We do not have the outreach or economically disadvantaged funding program available to schools such as Indio. If you should have hesitations because you are not yet sure of IB, then I ask that you consider the alternative of a $ 10,000 grant to the Foundation with specific proviso that it only be used on teacher training, and that the school refocuses on traditional academics. Last year I learned of teachers who wanted to go for just one day of professional review & training, and the school had to deny these requests due to lack of funds. This is not the education environment which we want for the future citizens of La Quinta. The La Quinta High School Foundation was recently formed as the vehicle to solicit funds for the endowment of the school. We have applied for treatment as a not -for -profit charitable institution and our attorney, Dave Erwin of Best, Best & Kreiger, advises that we can expect such to be granted in the near future. Our mission statement is "to promote academic achievement and to provide a nurturing environment for talent" as an auxiliary to La Quinta High School (LQHS). I hope this letter sufficiently presents our proposal for funding. If there are additional questions, I would be happy to answer them by letter or phone. Alternatively, Ms. Janet Seto, the Assistant Principal of LQHS and the IB program director, or I would be pleased to meet with you. Please let me know your thoughts and thank you for your attention. Sincerely, La Quinta High School Foundation �,, �,4, � X" /� , � �, - - Clinton Burr President 000000 241 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIASILRY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LAWYERS ARTHUR L. LITTLEWORTH• WILLIAM R. DEWOLFE• RICHARD T. ANDERSON• JOHN D. WAHLIN• JOHN E- BROWN. MICMEL T. RIDDELL• MICA HAEL GRANT• FRANCIS J. BAUM• ANNE T. THOMAS- GEORGE M. REYES• WILLIAM W. FLOYD. JR. GREGORY L. MARDKE KENDALL H. MACVEY C LARK H. ALSOP DAVID J. ERWIN• M ICHAEL J. ANDELSON- DOUGLAS S. PHILLIPS• G REGORY K. WILKINSON GENE TANAKA VICTOR L. WOLF DANIEL E. OLIVIER HOWARD B. GOLDS STEPHEN P. DEITS CH J ONN R. ROTTSCHAEFER MARTIN A. MUELLER J. MICMAEL SUMMEROUR SCOTT C. SMITH JACK 8. CLARKE, JR. BRIAN M. LEWIS' BRADLEY E. NEUFELD PETER M. BARMACK JEFFREY V. DUNN STEVEN C. DCBAUN ERIC L. OARNER• DENNIS M. COTA P. H.W.F. PEARCE ROBERT W. HARGREAVES C. MICMAEL COWETT BRUCE W. BEACH AR LENE PRATER MARK A. EASTER MICHELLE 0UELLETTE KEVIN K. RANDOLPH CYNTHIA M. GERMANO MARGUERITE S. STRAND KYLE A. SNOW JAMES B. GILPIN KIM A. BYRENS WILLIAM D. DAHLING. JR KIRK W. SMITH BERNIE L. WILLIAMSON G. HENRY WELLES •A PROFESSIONAL CORPORATION Ms. Dottie Horvitz Director of Community Services City of La Quinta P.O. Box 1504 La Quinta, CA 92253 DINA O. HARRIS RI CHARD T. EGGER DEAN DERLETH SON IA RUBIO CARVALMO JOHN O. PIN HEY SUSAN D. WILSON DAVID J. HANCOCK HAYLEY E. PETERSON ROGER K. CRAWFORD SHAWN D. HAGERTY PIERO C. DALLARDA DWIGHT M. MONTGOMERY JAMES P. MORRIS KEVIN T. COLLINS CARYN L. CRAIG DAVID W. NEWMAN JENNIFER T. BUCKMAN MARIA E. GLESS GLEN W. PRICE MARYMICHAEL MCLEOD JAMES R. TOUCHSTONE STEVEN M. ANDERSON ROBERT L. PATTERSON BRYAN K. BEHARD PAULA C.P.RE SOUSA JAMIE L. RAYMOND LYSA M. SALTZMAN MARCO A. MARTINEZ JONN F. WALSH DANIEL G. STEVENSON JEFFREY F. FERRE BRONWYN WHITTAKER PETERSEN OORINE LAWRENCE-HUGHES BRIAN P. HICKEY KARLIN^ E. KUNZ ALISON D. ALPERT JORGE A. MARTINEZ KRISHAN S. CHOPRA C. MARIO JARAMILLO RAYMOND BEST (1 868- 1957) JAMES H. KRIEGER (1913-1975) EUGENE BEST ( 1 893- 1 98 1 ) July 13, 1999 Re: La Quinta High School Foundation Dear Ms. Horvitz: 39700 BOB HOPE DRIVE, SUITE 31 2 POST OFFICE BOX 1 555 RANCHO MIRAGE. CALIFORNIA 92270 TELEPHONE (780) 568 261 1 TELECOPIER (760) 300-e 696 WWW. SBKLAW. COM OF COUNSEL CHRISTOPHER L. CARPENTER' MICMAEL D. MARRIS• DONALD F. ZIMMER- CHRISTINA L. DYER FRANKLIN C. ADAMS WILLIAM WOOD MERRILL OFFICES IN RIVERSIDE (909) 886 1 650 ONTARIO (909) 909-8584 SAN DIEGO CO 1 91 325 1 300 File No. 77952.0002 I am writing for your consideration of La Quinta High School Foundation's Funding Request. La Quinta High School Foundation ("LQHSF") is a newly -formed California nonprofit public benefit corporation whose Articles of Incorporation were filed with the Secretary of State on June 3, 1999. LQHSF's objective is to function as a fundraising vehicle for La Quinta High School, in La Quinta, California, to facilitate La Quinta High School's institution of a certified International Baccalaureate Program (" IB Program"). The IB Program is well -established internationally (in 800 schools) and in 43 schools in California. It confers on the successful candidate an internationally recognized degree which sh,.a facilitate for the degree -holder both post -high school employment and college admission, by proviuing an objective standard by which the prospective employer and/or college may compare otherwise equally -qualified applicants. La Quinta High School is the only means of education for the sons and daughters of many of your residents, particularly your mid- to low-income residents. Further, test scores at La Quinta High School consistently rank in the 37th percentile nationally. The institution at La Quinta High School, therefore, of the IB Program would be an invaluable tool not only in advancing academics at La Quinta High School, but in enhancing the quality of the post -high school opportunities of its students. A grant from the City of La Quinta to LQHSF is essential in realizing these achievements. 090010 RMBCSIUVM153320 242 LAW OFFICES OF BEST BEST & KRIEGER LLP Ms. Dottie Horvitz Director of Community Services CITY OF LA QUINTA July 13, 1999 Page 2 Addressing the paperwork requirements in the consideration ofLQHSF's Funding Request. LQHSF is in the process of seeking recognition of tax-exempt status from the Internal Revenue Service ("IRS") under Section 501(c)(3) of the Internal Revenue Code. The filing of the application papers is anticipated for tomorrow, July 14, 1999. As a newly -formed entity in existence only since June 3, 1999, LQHSF has not filed with the IRS a Form 990. As a newly -formed entity, LQHSF has had no financial activity, but its proposed budget for its entire first year of operation, July 1, 1999 through June 30, 2000, contemplates $100,000 total receipts from grants and fundraising and $7,500.00 total expenses. Please feel free to contact me if you require any further information in the processing of La Quinta High School Foundation's Funding Request. Very truly -yours, -,' David �.Erwin of BEST BEST & KRIEGER LLP cc: La Quinta High School Foundation R.NMUS'HXW,153320 00001.1 243 05/20/1999 11.25 7607724/66 LA DUINTA HS F46E 0= La Quinta High School International Baccalaureate Program Budget 1998-99 (Application) Schedule A! Fees Application Fee S 2_500 Totals S 2,500 Schedule He Adminifetrstive Costs Coordinator's Salary $ 50,000 Summer 1998 Montezuma, NM 1B Coordinator Training $ 1,000 Summer 1999 Training at Montezuma, NM $ 8,000 Fall 1998 Training at Colorado S 4,000 Other Training (CIBO) $ 2,000 1B Curriculum Writing, Release Time for TeachersiSubstitutes $ 1,.500 Visitations S 2.000 Totals 5 68,500 Schedule C• Resource Allnestions IB Materials (Course Guides) $ 1,000 Media Center Supplies $ 500 Supplies/Printing S 1,000 Postage S 1,000 Totals S 3,500 Grand Total S 74,500 000016 2�" 05/20/1999 11:25 7607724/66 LA QUINTA -F PAGE 03 International Baccalaureate Programs 19"-2000 Budget (filiation) Schedulr A: Fetes Affiliation Fee S 1000 Totals S 2,000 Schedule Be Administrative Coats Coordinator's Saiary S 50.000 Summer 2000 Training at Montezuma, NM S 8.000 Other Staff Training S 9,000 IB Curriculum Writing, Release Time for TeachersJSubstitutes $ 2,500 Visitations S 3.000 Totals $72,500 Schedule C, Hesource Allocations TextAnstructional Materials $ 5,000 IB Materials $ 500 Media Center Supplies $ 1,000 Suppliesi inting $ 2,000 Postage $ 1,000 Totals $ 91500 Grand Total $ 94,000 000017 245 05/20/1999 11:25 7E07724166 LA GUINTA H5 PACs 04 International Baccalaureate Program 2000-2001 Budget (Participation) Schedule A' Fees Annual Subscritption Fee S 7,300 Per Capita Fees @ $ 70 X 30 2,100 Registration Fees 1,500 Performance Report 1,700 Totals $ 12.600 Schedule R: Administrative Costs Coordinator's Salary $ 50.000 Summer 2001 Training at Montezuma. NTM $ 4,000 Other Staff Training S 6,000 Release Time for TeachersiSubstitutes $ 1,500 Visitations S 1.000 Totals $ 62,'500 Schedule Cs Resource Allecatinns Texts/Instructional Materials $ 7,500 IB Matcrials $ 500 Media Center Supplies $ 1,000 Supplies/Printing $ 2,000 Postage L-2. Totals $13,000 Grand Total $ 88,100 249 LA QUINTA HIGH SCHOOL FOUNDATION Box 1901 La Quinta, CA 92253- Tel: 760-564-4634 Budget 1999-2000 Brochure Preparation/ Mock Up $700 Printing $700 Mailing $300 Student Directory Printing & Prep $700 Labor to Assemble & Type Donated Fundraising Other Postage $2000 Telephone $100 Labor Donated Legal $2500 Accounting $500 Total $7500 030019 247 LA QUINTA HIGH SCHOOL FOUNDATION DIRECTORS Clinton Burr 49723 Avenue Montero La Quinta, CA 92253 Richard Boudreau 51955 Avenida Diaz La Quinta, CA 92253 Sue Brodie 49350 Avenida Fernando La Quinta, CA 92253 Darlene Dolan 46225 Verba Santa 925 Palm Desert, CA 92260 John Pena 51910 Avenida Navarro La Quinta, CA 92253 R.vMUS\iIIvM153286 ��Q T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Consideration of Community Services Grant to the Coachella Valley Community Concerts Association RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 2 The Coachella Valley Community Concerts Association is requesting $5,000 for Fiscal Year 1999/2000. Funding could be made available from the Community Services Contingency Account # 101-251-663-000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Community Concert Association (CVCCA) is requesting $5,000 for Fiscal Year 1999/2000 (Attachment 1) to offer stipends to professional musicians, as well as musical companies, to deliver performances to local schools within the Desert Sands Unified School District. The City of La Quinta has supported CVCCA since 1994 in the following amounts: 1994/95 $5,000 1995/96 $9,000 1996/97 $5,000 1997/98 $5,000 1998/99 $5,000 asi S:\Community Services\CCReports\CC.006.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the Community Services Grant request in the amount of $5,000; or 2. Authorize the Community Services Grant request for a different amount; or I Do not authorize the Community Services Grant request; or 4. Provide staff with alternative direction. Respectfully Submitted, Dodie Horvitz „e-<bknmunity Services Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Community Services Grant application S:\Community Services\CCReports\CC.006.wpd ATTACHMENT 1 oti �o OF'1 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: COACHELLA VALLEY COMMUNITY CONCERT ASSN. Amount Requested: $ 5 , 000 Contact Person: Elaine L).oyd, - President Mailing Address: P • 0 . Box 972 City: La Quinta State: CA Zip Code: 92253 Phone No.: (760) 564-1111 Office (760)-560=2087, Pres. home 501(c)3 Taxpayar !.D. Number: 33-0483330 Date Submitted: Auust_ g, 1999 1 Ull APPLICATION 1. What is the overall purpose or goal of your organization? To bring high -quality music to a- large audience at affordable prices, and to develop audiences by taking music to young students throughout the DSUSD. 2. How long has your organization been in existence? 50 Years 9 Months 3. Describe in general the activities or services of your organization: 1 - Present a concert series of varied quality music. 2 - Bring educational music programs into local schools. 3 - Provide scholarships to local students who express an interest in a career in music. 4. How many people does your organization currently serve? 5. 7. A No. of Youth 21, 000+ No. of Adults 1, 000 No. of Seniors 600 How many people do you intend to serve during this Fiscal Year? No. of Youth 21 , 000+ No. of Adults 1 , 000 No. of Seniors 600+ How many people served this Fiscal Year will be La Quinta residents? A 1 La Qui to tud nt No. of Youth ! l0. o Ad 1 is boo No. of Seniors 350 How many paid employees/volunteers does your organization employ? Full time employees -0- Volunteers 60 approx . R.,r time employees -0- Describe how your organization is managed and governed. A Board.of Directors consisting of 20 community members makes all decisions regarding the organization. 252 0yJ5� 9. Please provide information on your Executive Board members or contact person: 10. 11 12. Name Title Home Address Phone 77-313 Calle Mazatlan Elaine Lloyd, President La Quinta 92253 564-2087 125 Ave. Las Palmas Lenore Ostern, V.P. Rancho Mirage 92270 773-4886 78-170 Calle Norte Judith Golden, Secretary La Quinta 92253 564-6663 78-Links Drive Frank Yap, Treasurer Palm Desert 92211 360-2313 What is your annual schedule of events, and during what months does your organization operate? Outreach program operates during the school vear. Board of Directors function 12 months each year. Please see attached brochure for program schedule. Do you charge admission, membership fee, dues, etc.? x Yes No If yes, please describe: A subscription for the concert series is $40 for four concerts. What are your other sources of revenue for this funding year? Source Amount Elliott R..Donnalley Family Trust $5,000 Individual Donations $ 800 Total Needed $ 18,100 Total Received Balance $ -0- $18,100 U to 253 13. Amount of money requested from the City of La Quinta? $ 5, 000 14. Has your organization been funded by the City of La Quinta previously? X_Yes No If yes, when 1998 Amount received $ 5 1000 15. Need Statement. Clearly and plainly state the reason or need for the requested funds and how these funds will be used, if awarded. The Music Education Outreach Program provides a nominal stipend to local professional musicians, as well as to two opera companies from nearby counties to bring quality music educational programs to students in the DSUSD. These funds are used to wring the finest of our offerings to the schools uinta. 16. 'G�oa�'t tement. Indicate who will benefit from the use of these funds, and how they will benefit. Students in the DSUSD are introduced to types of music and instruments they may not encounter in their daily lives. By sending musicians into each school, rather than busing the students to one location, we present a more intimate and inter- active programs for students and -alleviate high expense to the school district. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise fist of intended Community Services grant expenditures. ' 3. Non-profit organizations must attach a copy of the organization's current IRR' Form 990. Uu7 254 COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION BUDGET FOR 1999-2000 EXPENSES: ARTIST'S FEES $23,850.00 AUDITORIUM RENTAL 750.00 EQUIPMENT RENTAL 4,000.00 PIANO RENTAL 1,500.00 PIANO TUNING 300.00 MUSIC LICENCING FEES 176.00 INSURANCE 1,200.00 PROGRAMS 2,600.00 RECEPTIONS 1,800.00 CAMPAIGN EXPENSES 1,600.00 TELEPHONE 1,200.00 POSTAGE 300.00 DUES/SUBSCRIPTIONS 250.00 TAX PREPARATION 250.00 OFFICE SUPPLIES 300.00 TOTAL EXPENSES $40,076.00 INCOME: MEMBERSHIP SALES 20,000.00 PATRON CONTRIBUTIONS 12,150.00 DONATIONS 500.00 CORPORATE SUPPORT 2,000.00 TOTAL INCOME 34,650.00 CASH ON HAND 10,000.00 TOTAL REVENUE 44,650.00 Uu8 255 Coachella Valley Community Concert Association EducationE Outreach Program Budget - 1999-2Q00 1. Opera a la Carte $7,000 2. Palm Springs Ballet 2,700 3. Southland Opera 1,500 4. Coachella Valley Symphony 3,500 5. Soloists 1,400 6. Building the Flag NC sub total $16,100 Scholarships 2,000 Total 18,100 This budget represent! Five performances to the fourteen elementary schools within the Desert Sands Unified Scl hoot District per request of School Superintendent, Dr. Doris Wilson. 256 COACHELLA VALLEY COMMUNITYCONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 BOARD OF DIRECTORS 19991 - 2000 OFFICERS: President: Elaine Lloyd (760) 564-2087 77-313 Calle Mazatlan La Quints CA 92253 Vice President, Lenore Ostern (760) 773-4886 Membership 125 Avenida Las Palmas La Quinta CA 92253 Vice President, Charles Ash (760) 345-2875 Marketing 77-130 New York Avenue Palm Desert CA 92211 Treasurer Frank Yap (760) 360-2313 78-650 Links Drive Palm Desert CA 92211 Recording Secretary Judith Golden (760) 564-0717 78-170 Calle Nort La Quints CA 9-253 Corresponding Secretary Mary Anne Tushbant (760) 345-8238 40-541 Schafer Place Palm Desert CA 92211 A NON-PROFITCULTURAL ORGANIZATION 257 DIRECTORS: Program Advertising Marshall Megowan (760) 564-1690 48-210 Calle Floristas La Quinta CA 92253 Concert Manager Stan Cohen (760) 360-3805 78-412 Silver Sage Drive Pahn Desert CA 92211 Hospitality Chairman Judith Golden (760) 564-6663 78-170 Calle Norte La Quinta CA 92253 Outreach Director Mercedes Courting (760) 564-6507 53-180 Avenida Madero La Quints CA 92253 Outreach Assistant Deana Wentworth (760) 564-0717 78-785 Grand Traverse Avenue La Quinta CA 92253 Usher Director Richard Lutz (760) 346-6401 72-731 Sage Court Palm Desert CA 92260 258 B °"°`tat Pies"C Name of organization �;"a"9° uaelRs OACHELLA VALLEY COMMUNITY CONCERT atld"" 1abe SSOCIATION Initial return pentoor r Se; Number and street (or P.O. box if mail is not delivered to street address) =r* m sp.cift .0. BOX 972 []rewrn od tntlosns. City, town, or post office, state, and ZIP+4 CytowI QUINTA, CA 92253 Form 9,90 Department of the Treasury Internal Revenue service Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust Note: The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 1997 calendar year, OR tax year period beginning . 1997, and ending '19 D Employer Identification number This Form is Open to Public Insoectia 33-0483330 Room/suite E State registration number D 1816424 F Check ► = if exemption application is pending G Type of organization --►UU Exempt under 501(c) ( 3 ),4 (insert number) OR ► section 4947(a)(1) nonexempt chardtable trust Note: Section 501 COP) exempt organizations and 4947(a)(1) nonexem t charitable trusts MUST attach a completed Schedule A(Form 990 . H(a) Is this a group return filed for affiliates? .................................... 0 Yes ® No I If either box in His checked *Yes,' enter four -digit group (b) If 'Yes,* enter the number of affiliates for which this exemption number (GEN) ► — — — — — — — — — — — — retum is filed: ............................................................ ► J Accounting method: ® Cash Accrual Is this a separate return filed by an ofwlyAtion covered by a group ruling? Yes EM No a Other (specify) ► K Check hero ► =ff the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but If it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. hlnte• Fnrm QQMX7 msv he uead by nmsniosfinne urifh nrnce reraink lace than Sinn nnn and tntal assets lass than .t95n nnn at and of van Revenue Expenses, and Changes in Net Assets or Fund Balances 1 a Contributions, gifts, grants, and similar amounts received: Direct public support ................ ............................................................. 12 48,949. `>'> b Indirect public support 1b 1d c d Government contributions (grants)............................................................ Total (add lines I through 1c) (attach schedule of contributors) (cash S 56,449. noncash 3 1 c ).......................................... 7, 5 0 0. STMT 1 56,449. 2 3,020. 2 Program service revenue including government fees and contracts (from Part VII, line 93).................................... 3 3 4 Membership dues and assessments............................................................................................................ Interest on savings and temporary cash investments 4 3,489. 5 5 Dividends and interest from securities....................................................................................................... 6 a Gross rents.......................................................................................... b Less: rental expenses.............................................................................. fib ec °> e cc c 7 8 a Net rental income or (loss) (subtract line 6b from line 6a)............................................. Other investment income (describe ► Gross amount from sale of assets other A Securities than inventory ................................................ ................ B Other 7 b Less: cost or other basis and sales expenses ,--.,.... 8b c Gain or (loss) (attach schedule) 8e If Net gain or (loss) (combine line 8c, columns (A) and (B)).............................................................................. 8d 9 Special events and activities (attach schedule): a Gross revenue (not including $ 0 • of contributions reported on line 1a)................................................................................ 9a ... 9,714. I c Less: direct expenses other than fundraising expenses ................................. Net income or (loss) from special events (subtract line 9b from line 9a) ......,..., 9b 10,076 . SEE STATEMENT 2 9c — 3 6 2 , .......... 10 a Gross sales of inventory, less returns and allowances .......................... I ...... ... 10a b Less: cost of goods sold........................................................................... 10b .......:.. €><> c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a) .............................. 10c 11 11 12 Other revenue (from Part VII, line 103)......................................................................................................... Total revenue add lines 1d 2 3 4 5 6c 7 8d 9c 10c and 11..................................................................... 12 62,596. M y n W 13 14 15 16 17 Program services (from line 44, column (8))................................................................................................ Management and general (from line 44, column (C)).................................................................................... Fundraisingfrom line 44, column D ( ()) ......................... Payments to affiliates (attach schedule)...................................................................................................... Total expenses add lines 16 and 44 column A .......................... ................................................... .......... 13 52, 904 . 14 8,087. 15 15 17 60,991 . K zy a 18 19 20 21 Excess or (deficit) for the year (subtract line 17 from line 12)........................................................................... Net assets or fund balances at beginning of year (from line 73, column (A)) ......... Other changes in net assets or fund balances (attach explanation) ........ ............................................................ Net assets or fund balances at end of year (combine lines 18, 19, and 20) ... ..... ............................. 18 1,605 . 19 83,434 . 20 21 8 -1-49 . LHA For Paperwork Reduction Act Notice, see page 1 of the separate instructions. Form 990 (199-2 5 O 723W1 1 ffarr �f 12-os-s7 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT r-wm990(1997) ASSOCIATION 33-0483330 Paget Statement Of All organizations must complete column (A). Columns (B), (C), and (D) are required for section 501(c)(3) and �i6iH Functinnal Expenses (4) oroanizations and section 4947(a)(1) nonexempt charitable trusts but optional for others. Do not include amounts reported on line 6b, 8b, 9b,10b, or 16 of Part I. 22 Grants and allocations (attach schedule) cash S noncesh 5 23 Specific assistance to individuals (attach schedule) 24 Benefits paid to or for members (attach schedule) 25 Compensation of officers, directors, etc. ............ 26 Other salaries and wages ................................. 27 Pension plan contributions .............................. 28 Other employee benefits ................................. 29 Payroll taxes ................................................ 30 Professional fundraising fees ........................... 31 Accounting fees .......................................... 32 Legal fees ................................................... 33 Supplies...................................................... 34 Telephone ................................................... 35 Postage and shipping .................................... 36 Occupancy ................................................... 37 Equipment rental and maintenance .................. 38 Printing and publications .............................. 39 Travel......................................................... 40 Conferences, conventions, and meetings ............ 41 Interest...................................................... 42 Depreciation, depletion, etc. (attach schedule) ... 43 Other expenses (itemize): a b c d e SEE STATEMENT 3 44 Total functional expenses (add lines 22 through 43) (A) Total 137 1 4-- W .I 1 6.JV .I 1331 v, -.1 1 V r J.1 1INK 1 1, / VJ.1 Lr IV-; .1 1 I A71 V'2J.1 I V=J.I 6.1 57.260.1 51, 139.1 6,121.1 (0) Fundraising Organizations completing column (W(D), carry these 44 6 0 , 9 91 . 5 2 9 0 4 . totals to lines 13.15....................................., 8,087.1 0. Reporting of Joint Costs. - Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraisingsolicitation?................................................................................................................................................... ► Yes ® No if'Yes " enter (I) the aggregate amount of these joint costs $ ; (0) the amount allocated to Program services $ (III) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising $ 111107111111111111 Statement of Pmarnm Service Accemolishments What is the organization's primary exempt purpose? ► SEE STATEMENT 4 Ali organizations must describe their exempt purpose schisven enla in a dear and concise manner. State the number of clients served, publications issued, etc. Discuss achievements that are not measurable. (section 501(c)(3) and (4) orpenizatione and 4947(1)(1) nonexempt charitable trusts must also enter the amount of grants and allocations to ollms.) Pro ram Service penses (Bequifed for (4) orgs. and04947( )(1) trusts: but optional for others.) a OUTREACH PROGRAM PROVIDES CULTURAL EXPOSURE TO MUSIC AND 52,904. DANCE PROGRAMS FOR CHILDREN OF ALL AGES. Grants and allocations b Grants and allocations $ C Grants and allocations $ d Grants and allocations e Other program services attach schedule (Grants and allocations $ Ij1-1 260 f Total of Program Service Expenses (should equal line 44, column (B), Program services)...................................................... ► 5l , y LY4 723011 2 12-09-97 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT Form 990 (1997) ASSOCIATION 33-0483330 Page Balance Sheets Note: Where required, attached schedules and amounts within the descriptiom column should be (A) (0) for end -of -year amounts only. Beginning of year End of year 45 Cash - non -interest -bearing ............................................................................. 3, 4 8 8. 45 5 r 4 0 3. 78,324. 46 77,888. 46 Savings and temporary cash investments 47 a Accounts receivable .......................................... 473 .......... b Less: allowance for doubtful accounts .................. 47b 47c 48 a Pledges receivable 48a b Less: allowance for doubtful accounts .................. 48b 48c 49 49 Grants receivable............................................................................................. 50 Receivables from officers, directors, trustees, and key employees (attach 4 schedule)............................................................1a..................................... 51 a Other notes and loans receivable -.............. ..--, ,-- 5 b Less: allowance for doubtful accounts .................. I 51 b 52 Inventories for sale or use................................................................................. 50 '. 51 e 52 53 53 Prepaid expenses and deferred charges 54 54 Investments - securities (attach schedule) 55 a Investments - land, buildings, and equipment: basis ............................................. 55a b Less: accumulated depreciation (attach [55b schedule)...................................................... 55c 56 56 Investments - other........................................................................................ 57 a Land, buildings, and equipment: basis .................. 57a b Less: accumulated depreciation ...,-,.. STMT 5 57b 1,249. 11622. : >::>:< S7c 1,748. 58 58 Other assets (describe ► ) 59 Total assets add lines 45 through 58 must equal line 74.-,-,,,............................. 83,434. 59 85,039. 60 Accounts payable and accrued expenses............................................................... 60 61 61 Grants payable................................................................................................ 62 d a J 62 Deferred revenue............................................................................................. 63 Loans from officers, directors, trustees, and key employees .................................... 64 a Tax-exempt bond liabilities................................................................................. b Mortgages and other notes payable..................................................................... 63 64a 841; 55 65 Other liabilities (describe ► ) 66 Total liabilities add lines 60 throw h 65............................................................ 0 • 66 0 Organizations that follow SFAS 117, check here ► and complete lines 67 through iv to69 0 m 3 LL 0 a a" and lines 73 and 74 67 Unrestricted................................................................................................... 68 Temporarily restricted....................................................................................... 69 Permanently restricted..................................................................................... Organizations that do not follow SFAS 117, check hr s ► ® and complete lines 70 through 74 70 Capital stock, trust principal, or current funds......................................................... 71 Paid -in or capital surplus, or land, building, and equipment fund ........................... 72 Retained earnings, endowment, accumulated income, or other funds ........................... 68 69... 0 • 70 0. 0. 71 0. 83,434. 72 85,039. 83,434. 73 85,039. d 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21) ........................... 83 , 4 34 . 74 85,039. 74 Total Ilabllitles and net assets / fund balances (add lines 66 and 73) ..................... Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. 261 723021 12-05-97 3 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA,1 COACHELLA VALLEY COMMUNITY CONCERT Form 990 (1997)ASSOCIATION 33-0483330 'age I Reconciliation of Revenue per Audited Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements With Expenses per Return 7M Retum a Total revenue, gains, and other support "" ' ' ` "' "''"'' " ' ` '' ` N/A a Total expenses and losses per N/A per audited financial statements .................. ► a audited financial statements ..................... ► a b Amounts included on line a but not on Amounts in n n b ou is included d on line but of c u ed t o a line 17, Form 990: lip 1 F e 2 Form 90: 9 . Do nated ona services 11 ted a ces 1 N r et un unrealized ed gains.. an f d use ofacilities e $ on investments en t s 12) Prior year adjustments stments 121 Donated services reported line 20, and use f o facilities c es Form 9 0 9 Recoveries of Lossesrted on 3)(3) reported year grants I'm 0 Form 990.S X. 4 r (D e d Oche s c'Y) ( 4 her Ot sec' P dy S i Add amounts on lines (1) through (4) ......... ► b Add amounts on lines (1) through (4) ......... ► b c Line a minus line b................................. ► c c Line a minus line b ................................. ► c d Amounts included on line 12Fom d Amounts included uded on IIne 17 Form to line a• 990 but not ne 0 n 9 but of on line 90 t a (1) Investment expenses Investment expenses ses n not included on o c noctud n t included ed o Form lip 6b Form 99 0 ...$line6b h ( 2 Other (specify): 1 21 Other (specify): decY) i $ Add amounts on lines (1) and ............... ► d Add amounts on lines (1) and ............ ► d e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 (line c plus line d) ...................... ► e (line c plus line d) ............... ► e List of Officers- Directors. Trustees. and Kev EmDlovees (List each one even if not compensated.) (A) Name and address (B) Tale and average hours per week devoted to position (C) Compensation (if not pai , enter -0- (Dirtdbutions to pwn', d corn tlon (E) Expense account and other allowances 0. 0. 0. SEE STATEMENT 6 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your or anizabon and all related organizations, of which more than $10,000 was provided by the related organizations? If *Yes,' attach schedule. ► [9] Yes ® No 26Z o-11; COACHELLA VALLEY COMMUNITY CONCERT Form 990 (1997) ASSOCIATION 33-0483330 Pages ' I Other Information Yes No 76 Did the organization engage in any activity not previously reported to the IRS? It'Yes' attach a detailed description of each activity ............ 76 X 77 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS?............................................................ .............................. ............................ .............................. ............................. ..... If'Yes ' attach a conformed copy of the changes. 78 a b Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? .............................. If 'Yes,' has it filed a tax return on Form 990-T for this year?..•..•................................................................................ N�A......... 78a X 78b 79 X 79 Was there a liquidation,dissolution,termination, or substantial contraction during the year?,....,•.......................................•.__..........._. If Yes' attach a statement; 80 a Is the organization related other than b association with a statewide or nationwide organization) through common membership, r9 ( t y rg ) 0 P, ..... ..... governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization?_..•..,_.•.................•....._................................ 808 X b If 'Yes,' enter the name of the organization ► and check whether it is exem t OR nonexem t. p 0 p >< . 81 a Enter the amount of political expenditures, direct or indirect, as described in the instructionsfor line 81............................................................................................................ b Did the organization file Form 1120-POL for this year?.................................................................................................................. 81 b X 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fairrental value?.................................................................................................................................................................. 82a X b If 'Yes,' you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an II 82b expense in Part II. (See instructions for reporting in Part I) N/A 83a 83 a Did the organization comply with the public inspection requirements for returns and exemption applications? .......................................... X 83b X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions?.................................................. 843 X 84 a Did the organization solicit any contributions or gifts that were not tax deductible?.............................................................................. 84b b 85 b If *Yes,* did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ...•.•... 501(c)(4), (5), or (6) organizations. - a Were substantially all dues nondeductible by members?.........................................N�A......... Did the organization make only in-house lobbying expenditures of $2,000 or less? ............................. N/A N/ A 85a 85b If 'Yes' was answered to either 85a or 85b P 9 do not complete 85c through 85h below unless the organization received a waiver for proxy tax c d owed for the prior year. Dues, assessments, and similar amounts from members............................................................... 85c Section 162(s) lobbying and political expenditures 85d ..................................................................... N/A N e f g Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices .......................................... 858 Taxable amount of lobbying and political expenditures (line 85d less 85e)....................................... 85f Does the organization elect to pay the section 6033(e) tax on the amount in 85f?............................................................. N/A N A A `` ' "'' ' "' 85 85h h If section 6033(e)(1)(A) dues notice were sent, does the organization agree to add the amount in 85f to its reasonable estimate allocable to nondeductible lobbying and political expenditures for the following tax year? ................................................... of dues NIA ......... 86 501(c)(7) organizations. - Enter: a Initiation fees and capital contributions included on line 12............................................................ 86a b Gross receipts, included on line 12, for public use of club facilities .................................................. 86111 or 87 501(c)(12) organizations. - Enter: a Gross income from members fits .............................. 87a N/A.... N/A N A b Gross income from other sources. Do not net amounts due or paid to other sources against amounts due or received from hem. ............................................... 87b N/A ::::X:­-:-:-..'...--.'- 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership? If'Yes," complete Part IX......................................................................................................................................................... .... 88 X 89 a 501(c)(3) organizations. -Enter: Amount of tax imposed during the year under: 0 - 0 - • section 4955 ► section 4911► ,section 4912 ► 0. b 501(c)(3) and 501(c)(4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during the year? If *Yes; attach a statement explaining each transaction••...........................................................•....••.,..,.. 89b X 0. c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections4912, 4955, and 4958................................................................................................................................. ► 0 d Enter: Amount of tax in 89c, above, reimbursed by the organization................................................................................. ► 190b •..... I 0 90 a List the states with which a copy of this return is filed ► ..CAL.IFORNIA............................................................................ b Number of employees employed in the pay period that includes March 12, 1997................................................................................. 91 The books are in care of ► DONNA MARTIN Telephone no. ► (7 6 0) 5 6 4-1111 Locatedat ► 49-320 AVENIDA FERNANDO, LA QUINTA, CA ZIP +4 ► 92253 2 63 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of form 1041.- Check here ................. and enter the amount of tax-exempt interest received or accrued during the tax year ..... .................................... ► 192 I N/A 723041 5 ®�' 12-05.97 141112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT Form 990 (1997) ASSOCIATION 33-0483330 Page Analysis of Income -Producing Activities Enter gross amounts unless otherwise indicated. 93 Program service revenue: (a)CONCERTS (b)MISCELLANEOUS INCOME W (a► Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income (A) Business code IB) Amount emu_ a o code (D) Amount 2,794. 226. (e► (t) Medicare/Medicaid payments .............................. (g) Fees and contracts from government agencies ...... 94 Membership dues and assessments ........................ 95 Interest on savings and temporary cash investments ................................................ 96 Dividends and interest from securities ..................... 97 Net rental income or (loss) from real estate: (a)debt-financed property .................................... (b) not debt -financed property ................................. 98 Net rental income or (loss) from personal property ...... 99 Other investment income ....................................... 100 Gain or (loss) from sales of assets other than inventory ............................................. 101 Net income or (loss) from special events .................. 102 Gross profit or (loss) from sales of inventory ............ 103 Other revenue: a b C it e 104 Subtotal (add columns (8), (D), and (E)) .................. 14 3,489. .:::::::.::......:..:.::..::::....:.:::.:.::...:::..:. ::;::>::>:::;:.:»::;:::>::>::::>::>::;:;:;;:;:::.>:::>:;;.:�:::>::>.>:.:;; .: ..::.:... ;;::...;;.::::;::: ..:.::.. ..:...::::.:::::....::.... ;::::.;:.;:.; ::.;:.;::.::�:;.:.,:.:•.:.;:.> :;.;:. — 3 6 2 . '::»::::::`>«:>::>:<> 0. <'<« 3,489.1 2,658. 105 TOTAL (add line 104, columns (8), (D), and (E))............................................................................................................ ► 6,147. Note: (Line 105 plus line 1d, Part 1, should equal the amount on line 12, Part I.) Relationship of Activities to the Accomplishment of Exempt Purposes Line No. ♦ Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). INCOME GENERATED FROM THE ABOVE ACTIVITIES ALLOWS THE ASSOCIATION TO FURTHER PROVIDE AND EDUCATE CHILDREN WITH VARIOUS MUSIC AND DANCE PROGRAMS. WgVrA Inforrnation Regarding Taxable Subsidiaries (Complete this Part it the 'Yes' box on 88 is checked.) Name, address, and employer identification number of corporation or partnership Percentage of ownership interest Nature of business activities Total income End -of -year assets N/A % % Please Sign Here Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the lest of my knowledge and belief, it is true, eonsct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. ' Signature of officer Date ' Type or print name and title Paid Preparers' signature �� t Date heck self employed ► [D PrepareYsSSN Preparer's Use Only Firm's name (or yours MARYANOV MADSEN GORDONCAMPBELL, CPA' S if self-employed) '74-774 HWY 111, SUITE A and address INDIAN WELLS, CA EIN ► ZIP +4 ► 92210-7135 264 723161 6 12-05-97 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 SCHEDULE Organization Exempt Under 501 (c)(3) OMB No. 1545-0047 (Form 990) (Except Private Foundation), and Section 501(e), 501(f), 501(k), 501(n) or Section 4947(a)(1) Nonexempt Charitable Trust 1997 Depotment at ew Tremury Supplementary Information Intwft Revenue Service No. Must be completed by the above organizations and attached to their Form 990 (or Form 990EZ). Name of the organization COACHELLA VALLEY COMMUNITY CONCERT Employer identification number ASSOCIATION 330483330 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions.) (List each one. If there are none, enter 'None.") Title and average hours (d) Contributions to Expense (a) Name and address of each employee paid (b) per week devoted toposition I W plsnsCompensation ermioy� benwItIo laccount and other -& doW more than $50,000 1 1 1 ation allowances NONE Total number of other employees paid over$50,000 .................. I ..................................... ..................... 0 JiUM Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions.) (List each one (whether individuals or firms.) (it there are none, enter'None.")) (a) Name and address of each independent contractor paid more than $50,000 1 (b) Type of service W Compensation NONE COACHELLA VALLEY COMMUNITY CONCERT Schedule A (Form 990)1997 ASSOCIATION 3 3 —0 4 8 3 3 3 0 Page 2 IMM Statement About Activities IYes No 1 During the year, has the -organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum?......................................................................................................................... If 'Yes.' enter the total expenses paid or incurred in connection with the lobbying activites. ► $ Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking 'Yes," must complete Part VI-8 AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the oganization, either directly or indirectly, engaged in any of the following acts with any of its trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary: a Sale, exchange, or leasing of property?............................................................................. b Lending of money or other extension of credit?.................................................................... ...................................... c Furnishing of goods, services, or facilities?................................................................................................................................... d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)?................................................ e Transfer of any part of its income or assets?................................................................................................................................. If the answer to any question is 'Yes ; attach a detailed statement explaining the transactions. 3 Does the organization make grants for scholarships, fellowships, student loans, etc.?............................................................... 4 Attach a statement explaining how the organization determines that individuals or organizations receiving grants or loans from it in instructions. The organization is not a private foundation because it is (please check only ONE applicable box): 5 A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 0 A school. Section 170(b)(1)(A)(ii). (Also complete Part V. page 4.) 7 A hospital or cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 A Federal, state, or local government or govemmental unit. Section 170(b)(1)(A)(v). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state ► 10 0 An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11 a ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 An organization that normally receives: (1) more than 331/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions - subject to certain exceptions, and (2) no more than 331/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30,1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) X ►.4 13 0 An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4) (5) or (6) if they meet the test of section 509(a)(2) (See section 509(a)(3) ) Provide the following information about the supported organizations. (See instructions on page 4.) (b) Line number a Name f supported or anization s from above 14 = An organization organized and operated to test for public safety. Section 509(a)(4). (See instructions on page 4.) 266 u.L 723111 12-05-97 8 141112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT Schedule A (Form 990) 1997 ASSOCIATION 33-0483330 Page Support Schedule (Complete only if you checked a box on line 10, 11, or 12 above.) Use cash method of accounting. ut..r-• Vnn mw ..en tha wnrifehnat in the inetntrfinne fnr rnnvartinn from the annual to the rash methnd of arrmmtinn Calendar year (or fiscal year be innin in) .............................. ► (a) 1996 (b) 1995 (c) 1994 (d) 1993 (e) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line29,).................................... 39,966. 13,986. 1, 858. 12,023. 67,833. 15 Membership fees received ......... 33,380. 27,915. 2,390. 35l,505. 99,190. 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is not a business unrelated to the organization's charitable, etc., purpose ............ 22,163. 14,090. 24,814. 61,067. 18 Gross income from interest, dividends, amounts received from payments on securities loans (sec- tion 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organization after June 30,1975 1, 2 8 7. 999. 850. 3,136. 19 Net income from unrelated business activities not included in line 18 ... 20 Tax revenues levied for the omannization's benefit and either paid to it or expended on Its behalf .............................. 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally fumished to the public without charge_........... 22 Other income. Attach a schedule. Do not include gain or (loss) ham gala of capital web.................................... 23 Total of lines 15through 22 73,346. 65,351. 19,337. 73,192. 231,226. 24 Line 23 minus line 17 ............... 73,346. 43,188. 5,247. 48,378. 170, 159. 25 Enter 1%of line 23 733. 654. 193. 732.: <»< 26 Organizations described in lines 10 or 11: a Enter 2% of amount in column (e), line 24............................................. ► 26a 3,403. 777 b Attach ach alist (which is reof open to public inspection) showing 9h name of and amount contributed bYa each arsono (other thana through x i totalgifts for 1993 th o 996 exceeded the amount shown governmental unit or publicly supported organization) whose 9 P PD 1 9 9 N r9 ...... ............................ ... in line 26a. Enter the sum of all these excess amounts............................................................................................. ► 26b 0 c Total support for section 509(a)(1) test: Enter line 24, column (e).............................................................................. ► 26c 17 0 , 15 9 . ...... ................. d Add: Amounts from column efor lines: 1 8 3r 1 36. 19 22 26b ► 26d 3:,>:.1:3:6::.. 26e 1 167,023. e Public support (line 26c minus line 26d total) ..... ..... __........................................................................................... ► 261 1 9 8 . 15 7 0% f Public support percentage (line 26e (numerator) divided byline 26c(denominatorJ)................................................... ► 27 Organizations described online 12: a For amounts included in lines 15,16, and 17 that were received from a 'disqualified person,' attach a list to show the name of, and total amounts received in each year from each 'disqualified person! Enter the sum of such amounts for each year. N/A (1996)....................................... (1995)............................................. (1994).......................................... (1993)................................. b For any amount included in line 17 that was received from a nondisqualified person, attach a list to show the name of, and amount received for each year, that was more than the larger of (1) the amount online 25 for the year or (2) $5,000. (Ir ,ude in the list organizations described in lines 5 through 11, as well as individuals.) After computing the difference between the amount received and the larger amount decribed in (1) or (2), enter the sum of these differences (the excess amounts) for each year: N/A (1996) ....................................... (1995)............................................. (1994).......................................... (1993)................................. c Add: Amounts from column (e) for lines: 15 16 17 20 21 ► 27c N/A d Add: Line 27a total and line 27b total ......... ► 27d N/A e Public support (line 27c, total minus line 27d total) .................................................. ► 27e N/A f Total support for section 509 a 2) test: Enter amount on line 23, column e ► 2711 $ ' g Public support percentage (fine 27e (numerator) divided by line 27f, (denominator)) ► 27 N / A 1% h Investment income percentane fine 18 column a) (numeratod divided bj fine 27f denominator ► 1 27h I N A ° 6 7 28 Unusual Grants: For an organization described in line 10, 11, or 12, that received any unusual grants during 1993 through 1996, attach a list (which is not open to public inspection) for each year showing the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not inclu&A these grants in line 15. (See instructions.) NONF 723121 9 12-05-97 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT Schedule A (Form 990)1997 ASSOCIATION 3 3 —0 4 8 3 3 3 0 Page 4 Private School Questionnaire (To be completed ONLY by schools that checked the box on line 6 in Part IV) N/A Yes No 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body?..................................................................................................................... 29 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? .................................... 30 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves?........................................................................................................................... 31 If *Yes; please describe; if 'No,' please explain. (If you need more space, attach a separate statement.) 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff?............................................................ b Records documenting that scholarships and otherfinancial assistance are awarded on a racially nondiscriminatorybasis?......................................................................................................................................................... c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?.....................................:........................................................................................... d Copies of all material used by the organization or on its behalf to solicit contributions?........................................................................ If you answered'No'to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: aStudents' rights or privileges?................................................................................................................................................ bAdmissions policies?............................................................................................................................................................ c Employment of faculty or administrative staff?........................................................................................................................... d Scholarships or other financial assistance?................................................................................................................................. e Educational policies? ............................................................................................................................................................ fUse of facilities?.................................................................................................................................................................. gAthletic programs?......................................................................................................................................................... h Other extracurricular activities? ................................................................................................................................................ it you answered 'Yes' to any of the above, please explain. (If you need more space, attach a separate statement.) 34 a Does the organization receive any financial aid or assistance from a governmental agency? ..........:....................................................... b Has the organization's right to such aid ever been revoked or suspended?....................................................................................... If you answered "Yes' to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If'No,' attach an explanation ........ :................................................................ ..... 6 JA 723131 12-05-97 10 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA_1 COACHELLA VALLEY COMMUNITY CONCERT Schedule A (Form 990)1997 ASSOCIATION 3 3-0 4 8 3 3 3 0 Page 5 ' Lobbying Expenditures by Electing Public Charities (To be completed ONLY by an eligible organization that filed Form 5768) N/A Check here 10, a = If the organization belongs to an affiliated group. Check here 10, b 17 If you checked 'a• above and limited control' Drovisions apply. Limits on Lobbying Expenditures (a) (b) To be completed for ALL Affiliated group totals electing organizations (The term 'expenditures' means amounts -paid or incurred) 9 rg 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) 37 Total lobbying expenditures to influence a legislative body (direct lobbying) .............................. 38 Total lobbying expenditures (add lines 36 and 37)............................................................... 39 Other exempt purpose expenditures................................................................................. 40 Total exempt purpose expenditures (add lines 38 and 39)................................................... 41 Lobbying nontaxable amount. Enter the amount from the following table - If the amount on line 40 is - The lobbying nontaxable amount Is - Not over $500,000.................................... 20% of the amount on line 40................................. Over $500,000 but not over $1,000,000 ............ $100,000plus 15%ofthe excess over $500,000 ......... Over$1,000,000 but not over$1,500,000 ......... $175,000 plus 10% of the excess over$1,000,000 ........ Over $1,600,000 but not over $17,000,000 ......... $225,000 plus 6% of the excess over $1,500,000 ......... OverS17,000,000.................................... i1,000,000........................ ......... 42 Grassroots nontaxable amount (enter 25% of line 41)......................................................... 43 Subtract line 42 from line 36. Enter -0- 0line 42 is more than line 36....................................... 44 Subtract line 41 from line 38. Enter -0- If line 41 is more than line 38....................................... Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4-Year Averaging Period N/A Calendar year (or (a) (b) (c) (d) (a) fiscal year beginning in) ► 1997 1996 1995 1994 Total 45 Lobbying nontaxable amount ........................ 0. 46 Lobbying coiling n9 amount t e 1 /e of line 4 0. 47 Total lobbying expenditures .................. 0 48 Grassroots nontaxable amount ........................0 0. 49 coiling amount>: Grassroots; g :.; :.. of line 4 0 e 50 Grassroots lobbying expenditures .................. I I I I 1 0- Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI -A) N/A During the year, did the organization attempt to influence national, state or local legislation, including any attempt to Yes No Amount influence public opinion on a legislative matter or referendum, through the use of: : Volunteers ::<:»>::>::::>::>::<::>::::>::::>:::»:: »»:: >::::>....::..... b Pal staff or management ernentin (include compensation tn inaa expenses reported n lines c throu gh h h ... c Media advertisements ................................................................................................................................. d Mailings to members, legislators, or the public................................................................................................ e Publications or published or broadcast statements............................................................................................. i f Grants to other organizations for lobbying purposes.......................................................................................... g Direct contact with legislators, their staffs, government officials, or a legislative body ................................................ It Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .......................................... I Total lobbying expenditures (add lines c through h).......................................................................................... <:<i:.<:>>`:':; 0. If 'Yes* to any of the above, also attach a statement giving a detailed description of the lobbying activities. 723141 11 12-05-97 141112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 Lev U24- Schedule A (Form 990)1997 COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION 33-0483330 Pal LEM Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yes No (1) Cash (11) Other assets.................................................................................................................................................................. Other transactions: (1) Sales of assets to a noncharitable exempt organization............................................................................................................ (11) Purchases of assets from a noncharitable exempt organization................................................................................................ (III) Rental of facilities or equipment.......................................................................................................................................... (Iv) Reimbursement arrangements ....... ....................................................................................... ......................................... - (v) Loans or loan guarantees................................................................................................................................................ (vi) Performance of services or membership or fundraising solicitations.......................................................................................... Sharing of facilities, equipment, mailing lists, other assets, or paid employees.........................................................................I....... If the answer to any of the above is 'Yes,* complete the following schedule. Column (b) should always indicate the fair market value of the goods, other assets, or services given by the reporting organization. if the organization received less than fair market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received. 51a(i) X a(ii) X b(l) X b(ii) X b(iii) X b(iv) X b(v) X b(vl) X c X NIA Line no. Amount involved Name of noncharitable exempt organization Description of transfers, transactions, and sharing arrangements 52 a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527?.....................................................................................................10. F-1 Yes ® No 70 723151 12 12-05-97 141112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA_1 Depreciation and Amortization Detail FORM 9 9 0 PAGE 2 990 tl - Current year section 1 ? (D) - Asset disposed 9, 3 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 271 oa � COACHELLA VALLEY COMMUNITY CONCERT ASSOC 33-0483330 RM 990 CASH CONTRIBUTIONS OF $5000 OR MORE STATEMENT 1 INCLUDED ON PART I, LINE 1D *** NOT OPEN TO PUBLIC INSPECTION *** NTRIBUTOR'S NAME RIAN SMITH FOUNDATION TY OF LA QUINTA CONTRIBUTOR'S ADDRESS 1246 N.W. BLARLEY CT., SEATTLE, WA 78495 CALLE TAMPICO, LA QUINTA, CA AMOUNT 10,000. 7,500. 272 14 STATEMENT(S) 1 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT ASSOC 33-0483330 RM 990 SPECIAL EVENTS AND ACTIVITIES STATEMENT 2 GROSS SCRIPTION OF EVENT RECEIPTS NCERT BENEFIT 9,714. FM 990, PART 1, LN 9 9,714. CONTRIBUT. GROSS DIRECT NET INCLUDED REVENUE EXPENSES INCOME 9,714. 10,076. -362. 9,714. 10,076. -362. RM 990 OTHER EXPENSES STATEMENT 3 SCRIPTION JERTISING TIST FEES IK CHARGES 10ERT EXPENSES EDIT CARD FEES ES & SUBSCRIPTIONS 3URANCE 3CELLANEOUS )MOTION ,ICE EXPENSE ?ICE SUPPLIES ]ENSES & FEES -jEPHONE =T REFUNDS -AL TO FM 990, IN 43 (A) (B) PROGRAM TOTAL SERVICES 786. 38,552. 38,552. 20. 11,956. 11,956. 191. 173. 1,955. 286. 571. 571. 431. 1,396. 20. 863. 60. 60. 57,260. 51,139. (C) MANAGEMENT AND GENERAL 786. 20. 191. 173. 1,955. 286. 431. 1,396. 20. 863. 6,121. (D) FUNDRAISING zM 990 STATEMENT OF ORGANIZATION'S PRIMARY EXEMPT PURPOSE STATEMENT 4 PART III 'LANATION PROVIDE AND EDUCATE CHILDREN OF ALL AGES ABOUT VARIOUS TYPES OF MUSIC AND ICE. 273 U;�6 15 STATEMENT(S) 2, 3, 4 41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT ASSOC 33-0483330 RM 990 DEPRECIATION OF ASSETS NOT HELD FOR INVESTMENT STATEMENT 5 COST OR ACCUMULATED SCRIPTION OTHER BASIS DEPRECIATION BOOK VALUE inrv•rLx X MACHINE TAL TO FORM 990, PART IV, LN 57 21028. 1,055. 973. 969. 194. 775. 2,997. 1,249. 1,748. 2M 990 PART V - LIST OF OFFICERS, DIRECTORS, STATEMENT 6 TRUSTEES AND KEY EMPLOYEES 4E AND ADDRESS TITLE AND AVRG HRS/WK XINE LLOYD PRESIDENT -313 CALLE MAZATLAN, LA QUINTA, 20 92253 IRL KROME VICE PRESIDENT -235 VISTA DE NOPAL, LA QUINTA, 20 92253 WOLFF BOX 1016, LA QUINTA, CA ,Y ANN MOORE i01 VIA AMISTAD, LA QUINTA, CA EMPLOYEE COMPEN- BEN PLAN EXPENSE SATION CONTRIB ACCOUNT RECORDING SECRETARY 20 0. 0. 0. 0. 0. CO -CORRESPONDING SECRETARY 20 0. :Y ANNE TUSHBANT CO -CORRESPONDING SECRETARY i41 SCHAFER PLACE, PALM DESERT, 20 0. INA MARTIN -320 AVENIDA FERNANDO, LA -NTA, C TREASURER 20 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 274 u4'7 16 STATEMENT(S) 5, 6 :41112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT ASSOC 33-0483330 ANLEY COHEN CONCERT CO-ORDINATOR -412 SILVER SAGE DRIVE, PALM 20 SERT, CA 0. 0. 0. IDI WILSON CO -DIRECTOR OF OUTREACH COLUMBIA, RANCHO MIRAGE, CA 20 0. 0. 0. A YORK CO -DIRECTOR OF OUTREACH -202 CALLE NORTE, LA QUINTA, CA 20 0. 0. 0. .NE WENTWORTH DIRECTOR OF HOSPITALITY 785 GRAND TRAVERSE AVE, LA 20 INTA , CA 0. 0. 0. LENORE OSTERN DIRECTOR OF FUND RAISING 971 SHOAL CREEK, LA QUINTA, CA 20 0. 0. 0. ZRLES ASH DIRECTOR 130 NEW YORK AVE, PALM DESERT, 20 0. 0. 0. 3ERT J. BALTES DIRECTOR -774 HIGHWAY 111, STE A, INDIAN 20 !LS, CA 0. 0. 0. HARD LUTZ DIRECTOR 731 SAGE COURT, PALM DESERT, CA 20 0. 0. 0. i MARSHALL MEGOWAN DIRECTOR 210 CALLE FLORISTAS 20 0. 0. 0. DIES MURPHY DIRECTOR 380 RIVERA, LA QUINTA, CA 20 0. 0. 0. XY OLTMANS DIRECTOR 395 AVIENDA FERNNDO, LA QUINTA, 20 0. 0. 0. Y OLTMANS HIRI�E�'6R -89 INDAS FERNANDO, LA 4B -NTA, CA 0. 0. 0. 2 75' -ALS INCLUDED ON FORM 990, PART V 0. 0. 0. ()�!3 17 STATEMENT(S) 6 141112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 Form 4562 Deparbrwit of the Treasury Internal Revenue service Depreciation and Amortization (including Information on Usted Property) 990 ► Attach this form to your return. OMB No.1545-0172 1997 Seausn waauanNo. 67 Narns(s) shown on return COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION Business or activity to which this form relates FORM 990 PAGE 2 Identifying number 33-0483330 ' Election To Expense Certain Tangible Property (Section 179) (Note: If you have any listed properiy'complete Part V before you complete Part I.) 1 Maximum dollar limitation. If an enterprise zone business, see instructions......................................................... 2 Total cost of section 179 property placed in service .............. ........................................................................... 3 Threshold cost of section 179 property before reduction in limitation.................................................................. 4 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter 0 ......................................................... 5 Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. If married filing aanarntaiv- asa inetnit- inns 1 18,000. 2 3 $200.000 4 1 5 (a) Description of (b) Cost (business use only) 1 (o) Elected cost T Listed property. Enter amount from line 27..................................................................1 7 1;:;;:.;;:.>;;;:;.;:.;:;.;;:>:.;>:.;;:.;:;;•;:;.:;.:.;:.,;;:.;:: 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7.......................................... 8 9 Tentative deduction. Enter the smaller of line 5 or line 8.................................................................................... 9 10 Carryover of disallowed deduction from 1996................................................................................................... 10 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 ........................... 11 12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11.................................... 12 over of disallowed dedu Add lies 9 d 10 less line 12 ► 13 Carryio 1 nan ct n to 998 A XX Note: Do not use Part 11 or Part 111 below for listed property (automobiles, certain other vehicles, cellular telephones, certain computers, or property used for entertainment recreation, or arrlusemeno. Instead, use Part V for listed property. REM MACRS Depreciation For Assets Placed in Service ONLY During Your 1997 Tax Year (Do Not Include Listed Property.) Section A - General Asset Account Election 14 If you are making the election under section 1680(4) to group any assets placed in service during the tax year into one or more general asset accounts, check this box. See instructions......................................................................................................................................... 111- 0 Section B - General Depreciation System (GDS) (See instructions.) (b) Month and (a Bads for depreciation (a) Classification of property plecad (business/hrvestrrrent use (� (a) Convention M Method (g) Depreciation deduction yer in service only - ses instructions) period 15 a 3•vear orooertv c d f h Residential rental property i Nonresidential real property `1 969.1 5 YRS. I HY ROODBI 194. .5 M Section C - ,f ismative Deoreciation Svstem (ADS) (See instructions.) 16 a Class life S/L b 12 ear 12 yrs. S/L c 40•year 40 yrs. MM S/L li g Other Depreciation (Do Not Include Listed Property.) (See instructions.) 17 GDS and ADS deductions for assets placed in service in tax years beginning before 1997 ....................... 18 Property subject to section 168(f)(1) election................................................................................................... 19 ACRS and other depreciation........................................................................................................................... Summary (See instructions.) 20 Listed property. Enter amount from line 26.................................................................................. 21 Total. Add deductions on line 12, lines 15 and 16 in column (g), and lines 17 through 20. Enter here and on the appropriate lines of your return. Partnerships and S corporations - see instruction 22 For assets shown above and placed in service during the current year, enter the 843. LNA For Paperwork Reduction Act Notice, see the separate instructions. 97 18 441112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON Form 4562 (1997) V ~ `_ CVCCA_1 Form 4562 199 Page 2 Listed Property - Automobiles, Certain Other Vehicles, Cellular Telephones, Certain Computers, and Property Used for Entertainment, Recreation, or Amusement Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 23a, 23b, columns (a) through (c) of Section A, all of Section B, and Section C if applicable. P&Minn A - mmneratintinn and ethar infnirmatinn (Csutien_ See instructions for limits for oassanaer automobiles.) 23a Do you have evidence to support the businesslnvestment use claimed? Yes =No 23bif 'Yes.- is the evidence written? Yes= No (a) (b) Date (c) (d) (e) M (9) (h) W Type of propeRv placed in Business/ Cost or Basis br depreCatioi Recovery Method/ Depreciation Elected (list vehicies firsff) service investment use percentage other basis IbO'+ ; rsb„ent period Convention deduction section 179 cost 25 7e I I 0/L' 26 Add amounts in column (h). Enter the total hero and on line 20, page 1 28 ...................................................... 27 Add amounts in column (i). Enter the total hero and on line 7, page 1................................................................................. 1 27 Section S - Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other 'more than 5% owner,' or related person. If you provided vehicles to your employees, first answer the questions in Section C to see if you meet an exception to completing this section for those vehicles. (a) (b) (o) (dl (e) M 28 Total businesslinvestment miles driven during the Vehicle Vehicle Vehicle Vehicle Vehicle Vehicle year (DO NOT Include commuting miles) .................. 29 Total commuting miles driven during the year ... 30 Total other personal (noncommuting) miles driven............................................................... 31 Total miles driven during the year. Add lines 28 through 30.................................... Yes No Yes No Yes No Yes No Yes No Yes No 32 Was the vehicle available for personal use during off -duty hours? .................................... 33 Was the vehicle used primarily by a more than 5% owner or related person? .................. 34 Is another vehicle available for personal use?............................................................... Section C - Questions for Employers Who Provide Vehicles for Use by Their Employees Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not more than 5% owners or related persons. 35 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your employees?..................................................................................................................................................... 38 Do you maintain a written policy statement that prohibits personal use of vehiclo except commuting, by your employees? See instructions for vehicles used by corporate officers, directors, or 1 % or more owners .................. 37 Do you treat all use of vehicles by employees as personal use?........................................................................... 38 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received?................................................................................. 39 Do you meet the requirements concerning qualified automobile demonstration use? .............. Note: If your answer to 35, 36, 37, 38, or 39 is 'Yes,' you need not complete Section B for the covered vehicles. Amortization lal IN 110 Idl I'll M Description of costs Dab arnw tallon Amortizable Code An ounon Amortization eeeirrc amount seetion period or oenxnme for this veer 40 Amortization of costs that 41 Amortization of costs that began before 1997................................................................................................... 41 42 Total. Enter here and on 'Other Deductions' or 'Other Expenses' line of your return .......................................... 42 24: '_ UJ10 441112 759335 CVCCA 050 COACHELLA VALLEY COMMUNITY CON CVCCA 1 COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 PALM SPRINGS BALLET DATE SCHOOL TIME 10-1-99 Jackson 11:30 Roosevelt 1:00 10-11-99 Washington 2:00 2-2-00 Kennedy; 11:00 Hoover 1:00 2-9-00 Johnson 11:00 278 V3i A NON-PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY ap COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 COACHELLA VALLEY SYMPHONY DATE SCHOOL TIME 10-26-99 Truman 9:00 11-12-00 Eisenhower 9:00 Washington 2:00 11-18-99 Lincoln 9:00 Van Buren 1:00 12-2-99 Carter 11:00 1-21-00 Adams 1:00 1-25-00 Madison 9:00 2-25-00 Ford 11:00 3-8-00 Kennedy 10:45 Johnson 1:15 3-15-00 Hoover 9:00 Monroe 11:00 279 ANON -PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760), 564-2414 MERCEDES COURTING (760) 664 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 BUILDING THE FLAG CHARLIE & BETH ASH DATE SCHOOL TIME 10-15-99 Lincoln 9:00 11-11-99 Monroe 11:00 1-11-00 Van Buren 1:00 3-14-00 Madison 9:00 4-6-00 Carter 11:00 5-3-00 Kennedy 9:00 5-10-00 Johnson 10:30 5-17-00 Hoover 1:00 5-18-00 Adams 1:00 -19-00 Washington 2:00 5-25-00 Eisenhower 1:15 5-26-00 Jackson 10:00 U3 A NON-PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 HARMONICA SOLOIST LEONARD SCHWARTZ DATE SCHOOL TIME 10-15-99 Ford 11:00 11-12-99 Adams 1:00 1-20-00 Eisenhower 9:00 1-27-99 Truman 1:00 2-1-00 Washington 2:00 2-3-00 Carter 11:00 2-18-00 Lincoln 9:00 3-28-00 Roosevelt 1:00 281 A NON-PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY COMMUNITY CONCERT ASSOCIATION POST OFFICE BOX 972 Kim LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 ACCORDIAN SOLOIST: JEROME ELLIOTT DATE SCHOOL TIME 10-12-99 Monroe 9:00 and 11:00 10-22-99 Adams 1:00 11-16-99 Madison 9:00 2-16-00 Van Buren 1:00 3-24-00 Jackson 11:00 4-12-00 Hoover 8:15 Johnson 10:15 and 11:15 Truman 1:00 4-13-00 Kennedy 9:15 and ' 0:15 282 1)jJ ANON -PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY COMMUNITY CONCERTASSOCIATION WOW POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 OPERA ALA CARTE: RICHARD SHELDON DATE SCHOOL TIME 1-12-00 Hoover 9:00 Carter 11:00 Washington 1:00 1-13-00 Kennedy 9:00 Johnson 11:00 2 24-00 Madison 9:00 Monroe 11:00 Eisenhower 1:15 2-25-00 Roosevelt 1:00 Jackson 11:00 3-14-00 Lincoln 9:00 Ford 11:00 283 1)j Iq A NON-PROFIT CULTURAL ORGANIZATION COACHELLA VALLEY SWAM COMMUNITY CONCERTASSOCIATION POST OFFICE BOX 972 LA QUINTA, CALIFORNIA 92253 (760) 564-1111 FAX: (760) 564-2414 MERCEDES COURTING (760) 564 6507 FAX: (760) 564 0603 ARTIST SCHEDULE 1999-2000 SOUTHLAND OPERA ANN NORIEL DATE SCHOOL TIME 10-21-99 Madison 9:00 Carter 11:00 Eisenhower 1:15 1-25-00 Jackson 9:00 Ford 11:00 Roosevelt 1:00 1-26-00 Lincoln 9:00 Monroe 11:00 3-1-00 Truman 9:00 Adams 11:00 Van Buren 1:00 D; A NON-PROFIT CULTURAL ORGANIZATION T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Consideration of a Letter Received Requesting Annexation of 80 Acres Located at the Southwest Corner of 52"d Avenue and Monroe Street. Applicant: Bernard DeBonne RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A property owner located within the City's Sphere of Influence southwest of the intersection of Avenue 52 and Monroe Street is requesting the City to annex his 80 acres (Attachment 1). Consideration of this request would require the City to contact those properties between the current City boundaries and the property in question as Mr. DeBonne's property is not contiguous to the City limits (Attachment 2). If authorized, staff would start the annexation process by contacting the contiguous property owners to determine their support for the annexation. A general plan amendment and preannexation hearing would be held before the Planning Commission and City Council to determine the land use designation and zoning for the property to be annexed. A petition would be prepared by staff and distributed to the affected property owners. Staff would prepare and submit the annexation report to LAFCO after Council authorization. The annexation would be completed based upon the determination of LAFCO. The entire process can take six months to a year to complete. CCJH.012 FINDINGS AND ALTERNATIVES: The alternatives to the City Council include: 1. Authorize staff to begin the annexation process for property locoated at the southwest corner of 52"d Avenue and Monroe Street; or 2. Do not authorize staff to begin the annexation process; or 3. Provide staff with alternative direction. Respectfully submitted, JeV Herm4p C munity Development Director Approved for submission by, e Thomas P. Genovese, City Manager Attachment: 1. Letter of request 2. Area map .0 002 COH.012 ATTACHMENT #1 B E R N A R D August 13, 1999 Mr. Jerry Herman Community Development Director City of La Quinta P.O. Box 1504 La Quinta, CA. 92253 D E B O N N E RE: APN; 767-200-004 APPROX. 80 ACRES LOCATAED AT SOUTHWEST CORNER OF AVE. 52 AND MONROE COUNTY OF RIVERSIDE Dear Mr. Herman: This letter is a formal request to annex the above property into the City of La Quinta. The property is within the sphere of influence of La Quinta. Although my property is not contiguous, I believe the adjacent property owners would be in favor. My property is on a very busy corner of a major thoroughfare. To the north, within Indio city limits is Indio Rancho, a Specific Plan and zoning area allocating a variety of uses and densities, including planned community commercial, MIIPD (mobile/manufactured homes) and resort/residential villages with an overall residential density of 3.5 units per acre. Please consider doing an analysis for a mixed -use zoning that would be compatible and similar to those uses, with a residential density of 2- 4 units per acre. 28"7 wil POST OFFICE BOX 1935 • PALM DESERT, CALIFORNIA 92261 TELEPHONE(760)360-6866 FAX(760)360-5956 Please present my request to the City Council at your earliest convenience. Thank you and the City Council for your consideration of this matter. !Bernar ery trul `yours, Debonne Cc: Sally Young Oliphant, Young & Malloy • JL 005 POST OFFICE BOX 1935 • PALM DESERT, CALIFORNIA 92261 T E L E P H 0 N E ( 7 6 0 ) 3 6 0 - 6 8 6 6 FAX(760)360-5956 c 0 w rn c �cop+aw.w r ' N s 13 9W� 19MD -0 6 rs�uwsq Highway 11j' 25 N k to -I L. -- W I` y � QITHE O DESERT w d ANNEXATION - LEGEND 1n I®l A— 9 laotion Sq— Win A.— Date R—WW Cily C9usil RaNulion Sp m d lnnu City hmpolMfon 19.364 "11,753 5-1-92 1 IMis SPmV 2.934 1.979 I I-2-33 93-16 2 PGA W- 1.917 1,227 9-29-94 " 3 SOAi9M Duos .0766 49 2.7-99 69-I5 d MS d 5M A—.; Far d ldk— Sons .47 30D 9-1-99 "-w 5 Sud6 of SM A—; Em of hf — So•r 3.97 2.50 1-31.91 W90 6 Mom d Fmd WN•6 Drive; Fan of WWin9mn Suss .24 156 I0-24-91 91.62 7 VWA Gf M dr C••cslk Valky Smlm rs fbarl .002 1.4 4-9A3 93-17 9 Non6 d 5M Arse; Ear of kffenno Spas .219 140.45 12.3-92 92-93 9 Smh of 6DIh Arenue, w of Mad— Suet and Nonh of 64th A— 2.99 1.917.7 4-19-W 9•-I9 TOTAL +31.195 19,962.55 50 on rows nm m m m ss : r• 19 52 Avenue — - -- - --- . as Airport Blvd. III, VI19 Avenue 58 C ■I,�,�,"�,I I,""�,�, ,"�,"� f�l� �� •• ••• Avenue 60 31 w 1z N 33 ev Sphere of Influence XP c O i d r_ w Avenue 62 9 01 / 290 Avenue 64 Ti4 4 4 Qumm AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of Authorization for Staff STUDY SESSION: to Negotiate with Caltrans to Acquire Certain Property Necessary to Construct CIP Project 98-05, PUBLIC HEARING: City Entrance Monuments Authorize staff to begin the negotiation process with the California Department of Transportation (Caltrans) to acquire certain property necessary to construct the proposed city entrance monument near the vicinity of Plaza La Quinta; Authorize an appropriation of $15,000.00 from the Art in Public Places, funding account number 701-000-255-210, to begin the property acquisition process; Authorize staff to deposit an amount of $15,000.00 with the California Department of Transportation to initiate the State right-of-way decertification process; x Authorize staff to prepare and forward a letter of assurance to the California Department of Transportation stating the City of La Quinta will not connect a water source to the proposed water feature of the Entrance Monument until after the City has acquired the property; Authorize staff to prepare and forward a letter of commitment to the California Department of Transportation stating the City of La Quinta will be responsible for any and all future maintenance of the entrance monument; and Authorize staff to add the California Department of Transportation as additionally insured under the City's JPIA Liability Insurance coverage for the City Entrance Monument at the City's west entrance on the south side of Highway 1 1 1 . All costs associated with acquiring the property from Caltrans for the entrance monument will be borne by the City of La Quinta. Initially, the City will be required to deposit an amount of $15,000.00 to begin the Caltrans right-of-way decertification process. All work conducted by Caltrans for the decertification process will be charged against the deposited amount. If the process depletes the deposited amount, then the City will be contacted for additional deposit funds. 23j T:\PW D EPT\COUNCIL\ 1999\990907f. wpd Upon decertification of the property, the City of La Quinta will be allowed to purchase the property at fair market value. The actual purchase price will be established during the decertification process and is unknown at this time. The current budget in the amount of $338,1 13.00 is for construction, construction management, survey, and materials testing. This does not include funding to acquire right-of-way at the Plaza La Quinta location. The cost for the land will be established during the valuation process. None. During the City Council Meeting of April 6, 1999, the City Council rejected the single bid received (Brandt Development Ltd., $426,265) and directed staff to restructure the bid documents to provide additional options and rebid the project. On May 16, 1999, the City Council authorized an appropriation in the amount of $293,1 13 and awarded a contract to construct improvements for Project 98-05, City Entrance Monuments, to Jacobsson Engineering Construction, Inc. in the amount of $257,100 to complete the City Entrance Monuments including Add Alternates for installation of the water feature and installation of landscape lighting. On July 6, 1999, staff received additional comments and concerns from the Caltrans Encroachment Engineer (Attachment 1) in which Caltrans denied the City of La Quinta an encroachment permit for the City Entrance Monument just east of Plaza La Quinta. The primary reason for the denial is due to the potential liability associated with the proposed water feature. Construction of the monument at this location has been delayed because the majority of the monument is within the State right-of-way (Attachment 2). City staff is currently exploring the possibility of acquiring the right- of-way necessary to construct the entrance monument. On August 20, 1999, the City received two potential options for acquiring rights to construct the entrance monument, as designed, from the District Encroachment Permit Engineer. These options are: 1. Obtaining an "Air Space" Lease from the Caltrans Air Space/Telecommunication Division. On August 24, 1999, staff contacted the Caltrans representative of the Air Space/Telecommunications Division to discuss the possibility of obtaining an "Air Space" Lease Agreement that would allow the City Entrance Monument to be constructed within the State right-of-way. 292 002 TAPWDEPT\COUNOW 999\990907f.wpd City staff was informed that obtaining such an agreement was a slow process and would likely take several years. The Caltrans representative indicated that unless the City amended the project to include some type of telecommunication equipment, cellular phone tower, etc., the entrance monument project would get a very low priority. It was his opinion that the City project was not the type of project which would qualify for an "Air Space" Lease Agreement. 2. Directly purchasing the property from Caltrans. In order for the City to purchase State right-of-way from Caltrans, the City must initiate and fund the decertification process. This process includes a study to determine if the property rights are not presently, nor in the future, necessary for a Caltrans project. All interested State Departments, and the Federal Highway Administration would be involved. All costs associated with the decertification process will be charged to the initiating agency. A deposit in the amount of $15,000, is required in order to begin. Upon decertification, the agency may be given the opportunity to purchase the property for fair market value. If it is determined that the decertified parcel can be developed as a stand alone project, the potential exists that Caltrans will sell the property at Public Auction. It is important to note that the initiating agency may not automatically get the decertified parcel. This process could take six months or several years. On August 25, 1999, staff contacted Caltrans Right -of -Way Excess Land Sales Branch in San Bernardino. Caltrans staff reiterated the points identified above. However, considering the City of La Quinta is a Public Agency, and as it is currently understood, the parcel in question is not ideal for other construction, Caltrans staff offered the following suggestions to expedite possession of the property: a. Our request should prove that the City is likely to lose money if we cannot acquire the property expediently. The City has currently awarded a construction contract and a notice to proceed for the Jefferson/Highway 111 site to Jacobsson Engineering Construction. If the City does not issue the notice to proceed for the second location in the near future, the City could be faced with additional costs from the contractor for mobilization, overhead and delay costs. b. Considering the primary reason for being denied an encroachment permit is directly associated with the water feature, Caltrans staff recommended accepting a condition that the water feature would not be activated until the City has possession of the right-of-way. However, final determination would be made by the Caltrans Encroachment Permit Division on whether to allow construction of the monument without the water feature being functional. T:\PW DEPT\COUNCIL\ 1999\990907f. wpd 003 C. If the City were willing to use reclaimed water as the water source, the City could build the case that the project has a positive impact on the environment. d. A letter is required stating the City needs to have access to the property as soon as possible in order to keep from realizing damages. Endorsement letters from the City Council/Mayor and other elected representatives would be helpful. After much discussion, it was determined that the City's best case would be to make some type of arrangement with the Caltrans Encroachment Permit Division to restrict the water connection until after the City has purchased and/or otherwise obtained rights to the property. Until such a time, the water collection facility could be used as a planter while staff pursues acquiring the right-of-way. On August 26, 1999, staff spoke with the Caltrans Encroachment Permit Engineer. Following much discussion, it was determined that the City would be issued an Encroachment Permit if the following conditions were met: 1. The City of La Quinta initiates the property acquisition/decertification process with the Caltrans Right -of -Way Division and deposit $15,000. 2. The City of La Quinta prepares and forwards a letter assuring Caltrans that the proposed entrance monument water feature will not be connected until after the City is successful in acquiring the property. 3. The City of La Quinta obtains liability insurance in an amount not less than $5,000,000 for the monument which names both the City and Caltrans as insured. 4. The City of La Quinta addresses the remaining comments identified within the July 6, 1999 Caltrans comment letter and resubmits corrected plans and specifications. 5. The City of La Quinta prepares appropriate correspondence that clearly demonstrates that the City will be responsible for any and all future maintenance of the monument and associated appurtenances. The Caltrans Deputy Director/Chief Permit Engineer stated that if the City does not exercise due diligence in attempting to acquire the right-of-way for this monument, Caltrans may require removal of the monument. The alternatives available to the City Council include: Authorize staff to begin the negotiation process with the California Department of Transportation (Caltrans) to acquire certain property necessary to construct the proposed city entrance monument near the vicinity of Plaza La Quinta; 293 01:'� TAPWDEPT\COUNC L\1999\990907f.wpd Authorize an appropriation of $15,000.00 from the Art in Public Places, funding account number 701-000-255-210, to begin the property acquisition process; Authorize staff to deposit an amount of $15,000.00 with the California Department of Transportation to initiate the State right-of-way decertification process; Authorize staff to prepare and forward a letter of assurance to the California Department of Transportation stating the City of La Quinta will not connect a water source to the proposed water feature of the Entrance Monument until after the City has acquired the property; Authorize staff to prepare and forward a letter of commitment to the California Department of Transportation stating the City of La Quinta will be responsible for any and all future maintenance of the entrance monument; and Authorize staff to add the California Department of Transportation as additionally insured under the City's JPIA Liability Insurance coverage for the City Entrance Monument at the City's west entrance on the south side of Highway 1 1 1; or 2. Do not approve staff's recommendation. This alternative will result in the City's inability to construct the City entrance monument as designed at the eastern entrance of the City in the location previously approved; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1. Caltrans Comments 2. Vicinity Map 294 TAPWDEPT\COUNCIL\1999\990907f.wpd 005 J5 ATTACHMENT 1 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICTS (MS. 619) 464 W. 4th Street, 6th Floor San Bernardino CA 92401-1400 Telephone (909) 383.4017 Fax (909) 383-4224 July 6 1999 , 08-98-N-SN-0893 08-RIV-111-32.3/34.0 City of La Quinta C/O Mr. John Freeland, Senior Engineer 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Freeland: JUL 0 8 1oo9 I 11 T We have reviewed your revised plans for the proposed landscape improvements, signage, and traffic signal modification on Route 111, in the City of La Quinta. The following items need to be addressed in the resubmittal of plans and specifications before an encroachment permit can be issued: General: 1. All submitted plan sheets shall be in metric units. Please check each plan sheet to ensure that all tables, scales, notes, and details are shown in metric units. 2. Please ensure that the kilopost is included with the district, county, and state route. 3. Please provide a maintenance agreement for all new planting, or you may provide a revised copy of an existing maintenance agreement if one exists. Landscape: 1. The proposed water feature shown on sheet L-3 shall not be installed within the State right of way. The proposed installation would be a disadvantage to the State because of the liability. Also, any future widening of the highway would be restricted, placing an undue financial burden on the State if it should have to be removed. 2. Note 4 on sheet L-1 shows "Palm Springs Gold" decomposed granite at 4" (102mm) thick. Sheets L-2 and L-3 show "Antique Gold" at 3" (76mm) thick. Please clarify. 3. Reclaimed water used on the State right of way shall fulfill Title 22 requirements and also requires the Department of Health Services approval. 295 4. Please remove lighting fixtures on palm trees within State right of way. 007 City of La Quinta July 6, 1999 Page 2 Civil: 5. On sheet L-3, please verify that palm trees are located a minimum 30 feet from the edge of traveled way. 6. On sheet IR-5, please install a "gate valve" where the lateral lines (irrigation) enter the State right of way. 7. On sheet IR-5, please relocate the proposed "remote control valves" and "backflow preventer" to a location outside of the State right of way. 1. On sheet G-17, please ensure that the relocated sign does not restrict corner sight distance. 2. On sheet G-17, the proposed "Red Bird of Paradise" appears to be blocking the sight of the relocated sign. Please ensure that the visibility of the sign is not restricted in any way. The resubmittal shall include six sets of plans, 610mm x 914mm maximum size, individually folded to 216mm x 279mm and six copies of special provisions with revisions of all items listed herein. One set of plans shall have each revised item circled with a marking pen and the item number called out in a delta shape within the circle. Please include a transmittal letter. Due to the volume of Encroachment Permit Applications received daily in this Permit office, it is imperative that any and all written correspondence and/or verbal inquiries include the Caltrans Encroachment Permit Application number (08-98-N-SN-0893). This will assist us greatly in expediting you permit application. Please be advised that if a response to this letter is not received in writing within 60 calendar days from the date of this letter, your application may be canceled without prejudice and a resubmittal may be required. If you have any questions or need further assistance, please contact Mr. John Crum at (909) 383-4020 or Mr. Emmitt Heard at (909) 383-5954 for landscape work. Very truly yours, I— )� -K 14LJ V�-- DAMODARA "NAIDU" ATHULURU, P.E. District Encroachment Permit Engineer Riverside County *17 29F STATE OF CAUFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, (MS 619) 464 W. 4th Street, 6th Floor San Bernardino, CA 92401-1400 Telephone (909) 383.4017 Fax (909) 383-4224 August 20,1999 08-98-N-SN-0893 08-Riv-111-32.3/34.0 Mr. Chris Vogt Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico P. O. Box 1504 La Quinta, CA 92253 Dear Mr. Vogt: RECEIVED AUG 2 4 1999 -PUBLIC WORKS Per our telephone conversation on August 16,1999, I am forwarding the information regarding the purchase of Caltrans property for your City's monument project. Air space lease is another alternative to purchasing the right of way. The office, which deals with air space leases, is located in Los Angeles and the person in charge of this unit is Mr. Dave Patler. He can be reached at (213) 397-4820. If you have any questions, please call me at (909) 383-4017. Very truly yours, li" — - j�,J, DAMODARA "NAIDU" ATHULURU, P.E. District Encroachment Permit Engineer Riverside county Attachment Cc: DBarich 297 File 009 STATE OF CALIFORNIA • 6USINES , TRANSPORTATION AND MOUSING AGENCY CkAY DAMS DEPARTMENT OF TRANSPORTATION SOUTHERN RIGHT OF WAY REGION MOW 08 R/W FIELD OFFICE n 464 W. 4th Shebt. Sth floor -MS 55a SAN BERNAARDINO. CA 92401-1400 i TDD (909) 363-6300 Information regarding the sale of Caltrans property and/or property rights. In order to dispose of real.property rights in the Caltrans right of way, a decertification process must be undertaken. This process entails conducting a study to determine if the property rights are not presently, nor in the future, necessary for a Caltrans project or any other public project. All interested State departments, and in somecases the Federal Highway Administration, must be contacted and subsequently agree to the decertification of the parcel- [In order for Caltrans to acquire property and/or property rights for transportation related purposes, Caltrans must "certify" the need for the property, hence the word "decertify" is used to allow the disposal of property.] Following the decertification process, an appraisal is obtained to determine the market value of the subject property or property rights- All parcels are to be offered to local government agencies on a direct sale basis before the parcels are offered to the general public. If the parcel has access to a public street, whether capable or incapable of independent development, it will be offered via competitive bid to the general public. If it does not have access to a public street (landlocked), it will be offered to the adjoining owner (s). The sale is subject to the approval of the California Transportation Commission. Please be advised that the entire procedure may last anywhere from 6 months to several years. All of the costs associated with the decertification and subsequent sale of the parcel are borne by the requester. An initial decertification deposit of $15,000.00 is required by the Department of Transportation to allow our Accounting Branch to set up an account to start the decertification process. All work conducted by the Department for the decertification process will be charged to this account_ If the process depletes this account, the Accounting Branch will bill the requesting party for additional deposit funds. All work on the process will stop when the account nears zero dollars. If the process does not deplete the entire deposited amount from the account, we will refund the remainder to the requestor. This deposit is not a part of the purchase price. In addition, the deposit is not a guarantee that the sale will be approved by the California Transportation Commission nor does it give you any special advantage at a public sale, should it be deemed appropriate to sell the property rights in that manner. If you wish to proceed, please forward a certified check or money order in the amount of Fifteen Thousand Dollars ($15,000.00) payable to the Department of Transportation along with a letter stating your intentions, and a Caltrans right of way map showing the property or property rights you -rant decertified_ [Caltrans right of way leaps are available from the record maps office at 464 W. 4`' St_, San Bernardino, CA, 6"i floor. The county (Riv. or SBd), the rouse dumber, and the post mile number is information necessary to obtain the needed map.] If you have any questions or concerns regarding this information, you may contact John Hotchkiss at the Right of Way Excess Land Sales Branch in Sale Bernardino at (909) 333-4332_ 02/25/99 Disuict 07 R/W Find Office Sounccm R,-ht of Way Region Disuia 12 R/W Field Office 120 Sourh Spring Streer 21073 Pathfinder. Suite 100 2501 Pullrnan Srrcet. Bldg. C Los Angcle4, CA 90012-3 606 Diamond Bar, CA 91167 Santa Ana, CA 92705 Phwc: (213) 997-1861 Phone: (909) 468-1500 Phone: (714) 724-2308 Fax: (213) 897-8902 Fax; (909) 468-1501 Fax- (714) 724-7699 08-20-99 1 6 : 00 RECEIVED FROM: P . 03 298 R -" '" 010 Purchasing Ca/trans property and/or property rights In order to sell real property and/or property rights under Caltrans' ownership, the property must first be determined "excess to our needs." This involves conducting a study to see if the property or property rights are not required for rights of way or other operational purposes. In some cases the Federal Highway Administration must be contacted and subsequently agree to the decertification of the parcel. [In order for Caltrans to acquire property and/or property rights for transportation related purposes, Caltrans must "certify" the need for the property, hence the word "decertify" is used to allow the disposal owi f. proms :� When it is to disposw property/property rights Ity, 3.,;s • �ur1�#i(competitive tir ;`eter se •jt adjoining owner at fair mar .. ally plottage or joinder value: If rhodee erty, an auction among the adjoining All properties are sold "as is." The succes shall pay all recording fees, documentary tr8,io ' " =- and any other real estate transaction taxes or fees, in- cluding escrow fees and broker's commission. The suc- cessful bidder may elect to open an escrow with a mutu- ally acceptable California licensed escrow company at the bidder's expense. The successful bidder may obtain a policy of title insurance at their own expense. Caltrans reserves the right to reject any and all bids and to can- cel the sale in part or in its entirety, any time prior to recordation of the deed transferring title to the buyer. The sale is subject to the approval of Caltrans and the California Transportation Commission. Caltrans is allowed to landlocked parcels, ill be of - ch is usu- the prop - `'its sales in the dui 0" diapers and periodicals as appropriate, and occasionally in some national publications. Caltrans also maintains a mailing list of interested buyers (call a number below), and an Internet site at: www.dot.ca.gov\ If you have any questions or concerns regarding this information, you may contact the Caltrans Right of Way Excess Land Sales Branch in San Bernardino at (909) 383-4332 or (909) 383-6302. 06/30M 299 Ic ATTACM 2 E � I 0 S� N OI p� N Iv r r J I�_ E 00 7 DO M Cl Z gN l N + P. 4 Q 5 vi ~ N N Z O M C,::' (N Z O U Z W Z U 3 010 012 T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 ITEM TITLE: Consideration of Location and Lettering for the installation of additional Obelisks AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve locations and wording for the obelisk program; and Waive the bidding procedures and select Peter Urbon as a sole source contract for providing and installing 7' high obelisks; and Authorize the City Manager to enter into a contract for the procurement of eleven (1 1) 7' high obelisks upon approval of the contract wording by the City Attorney. II N R N-A 9 lei ► Peter Urbon has provided a quote dated August 16, 1999 to provide the City with eleven (1 1) 7'. high obelisks. Total cost provided in the quote is $13,535. The foundation and attachment brackets are estimated at $125 per obelisk totaling $1,375, for a total project cost of $14,910. The obelisks will be installed by City staff. During the Fiscal Year 1999/2000 Budget hearings, the City Council appropriated $20,000 from the Arts in Public Places Fund (APP) for the installation of additional obelisks. Therefore, $20,000 of funding is available from fund 701-000-255-210. rw. Mal il' A 9 •i This project is funded through Developer Fees established for Arts in Public Places, therefore, prevailing wage does not apply. The sole source sculptor and contractor that will provide the foundations and brackets are not required to pay prevailing wage, therefore, cost savings may be realized. T:\P W DEPT\COUNCIL\1999\990907a.wpd During the June 16, 1998 City Council Meeting, the City Council conducted a Study Session to discuss a proposed pilot program utilizing obelisks as City street identification markers. During that Study Session, the City Council discussed utilizing 7' tall obelisks as City identification markers as well as the identification markers for the Senior Center, Eisenhower Park, and Adams Street Park. During the July 7, 1998 City Council Meeting, the City Council approved the pilot program utilizing thirteen (13) 7' high obelisks to identify entrances to the City, Senior Center, Adams Street Park, Eisenhower Park, and the boundaries of the Village area. During the July 20, 1998 City Council Meeting, the City Council approved the locations and wording for the existing obelisks under the proposed obelisk pilot program. Also approved was the "HM" style lettering with 3" high capital letters. During the Fiscal Year 1999/2000 Budget Hearing, the City Council appropriated $20,000 of Arts in Public Places funding to provide for the installation of additional obelisks. Included with this report as Attachment 1 is a map indicating the proposed location for eleven (1 1) additional obelisks as a continuation of the original obelisk pilot program. These locations are indicated by red triangles with circled numbers by each triangle. Black triangles on this map indicate the location of existing obelisks throughout the City. Included with this report as Attachment 2 is a listing of obelisk locations with the proposed wording of each obelisk and the face of each obelisk proposed for the lettering. As can be seen on Attachment 1, numbers inside of circles indicate the proposed obelisk number. Attachment 2 lists each obelisk by number, the location of the obelisk, and the lettering configuration. Included with this report as Attachment 3 is a revised quotation dated August 16, 1999 from Peter J. Urbon, the sculptor of the original obelisks presently installed within the City. This quotation is for eleven (1 1) obelisks at the locations indicated on Attachment 1. The City has received a price quotation for the formation of the foundations and the purchase of brackets to attach the obelisks to the foundation. Included as Attachment 4 is a spreadsheet indicating the cost estimate for the obelisks. The tooling portion is a one time cost and will not increase with the number of obelisks produced. The cost for providing eleven (1 1) obelisks complete with lettering and all the tooling is $13,535. The cost of the installation, foundation, and brackets for eleven (11) obelisks is $1,335, for a total project cost of $14,910. 3 0 f2' 002 T:\P W DEPT\COUNCIL\1999\990907a.wpd On August 16, 1999, Public Works staff met with Mr. Urbon to discuss the cost for additional obelisks above the eleven (1 1) proposed. Mr. Urbon stated that he must purchase the materials for the obelisks in minimum weight of 1,000 pounds each order. According to Mr. Urbon, 1,000 pounds of material will produce approximately 12 %2 obelisks. The price of $400 per obelisk is based on utilizing most of the material. If the City Council desires additional obelisks, the cost per obelisk will be substantially higher for any additional obelisks ordered numbering less than twelve. Included as Attachment 5 is a spreadsheet indicating the cost per obelisk from 12 obelisks to 23 obelisks. These costs do not include the cost of lettering at $5 per letter. A total of eleven (11) locations are recommended in this report. Sufficient funding is available for up to 18 obelisks (including lettering). The City Council may desire to direct the installation of additional obelisks. Since Urbonite is a unique patented material that is lightweight and structurally strong, and the thirteen (13) original obelisks completed under the pilot program are constructed of Urbonite, it is recommended that the City Council waive the bidding procedures and proceed with the contract as sole source for 7' high obelisks constructed from Urbonite with reflective monolithic lettering and the City logo on all four sides. The alternatives available to the City Council include: 1. Approve locations and wording for the obelisk program, waive the bidding procedures and select Peter Urbon as a sole source contract for providing and installing 7' high obelisks, and authorize the City Manager to enter into a contract for the materials for the procurement of eleven (1 1) 7' high obelisks upon approval of the contract wording by the City Attorney; or 2. Do not approve locations and wording for the obelisk program, do not waive the bidding procedures and select Peter Urbon as a sole source contract for providing and installing 7' high obelisks, and do not authorize the City Manager to enter into a contract for the materials for the procurement of eleven (1 1) 7' high obelisks upon approval of the contract wording by the City Attorney; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog Public Works Director/City Engineer 303 M TA WDEMCOUNCIL\1999\990907a.wpd Approved for submissio by: rz -Z) Thomas P. Genovese City Manager Attachments: 1. Citywide Obelisk Location Map 2. Location and Lettering Spreadsheet 3. Revised Quotation 4. Obelisk Cost Estimate 5. Cost Spreadsheet 304 TAPWDEPT\COUNCUl999\990907a.wpd 004 ATTACHMENT 1 305 tl. ATTACHMENT 2 La Quinta Citywide Obelisk Locations 1999 Obelisk No. Location Obelisk Face Wording 1 NW Corner of White Water River Channel North LA QUINTA 2 SW Corner of Fred Waring/Dune Palms Road North LA QUINTA 3 SE Corner of Washington/Miles West LA QUINTA 4 SW Corner of Jefferson/Westward Ho North East LA QUINTA LA QUINTA 5 NW Corner of Jefferson/Ave 48 East LA QUINTA 6 NW Corner Jefferson/Ave 50 East LA QUINTA 7 NW Corner Madison/Ave 53 East LA QUINTA 8 NE Corner Madison/Ave 54 East LA QUINTA 9 SW Corner Monroe/Ave 54 North East LA QUINTA LA QUINTA 10 SW Corner Monroe/ Ave 58 South East LA QUINTA LA QUINTA 11 NE Corner Madison Ave 60 East LA QUINTA 30G) T:\PWDEPT\STAFF\AUSTIN\Misc\Obelisk99.wpd i 007 ATTACHMENT 3 PETER J. URBON SCULPTOR P.O. Box 874 RANCHO MIRAGE, CA 92270 760 • 329 • 4917 REVISED QUOTATION To: City of La Quinta Attn: Chris Vogt, P.E. Subject: Urbonite Obelisks Tooling: Sculpt City Logo in Bas Relief $1,800.00 Sculpt New Obelisk Pattern 1,450.00 Build New Obelisk Molds 2,125.00 Build New Letters Molds + 3,200.00 $8,575.00 Production: Cast 11 Obelisks @ $400.00 ea. $4,400.00 Cast 112 Letters @ $5.00 ea. + 560.00 Notes: Total to Produce 11 Assemblies $13,535.00 1. Delivery quoted at time of order. 2. 50% deposit required at time of order. 3. Balance due within 30 days of delivery. By: Peter J. on Date 307 I ATTACHMENT 4 Obelisk Cost Estimate FY 1999/2000 ITEM COST Tooling : City Logo in Bas Relief $1,800.00 Sculpt New Obelisk Pttn $1,450.00 Build New Obelisk Molds $2,125.00 Build New Letter Molds $3,200.00 $8,575.00 Production: 11 Obelisks @ $400 EA $4,400.00 112 Letters @ $5 EA $560.00 $4,960.00 Installation: Foundation & Brakets 11 @ $125 EA $1,375.00 TOTAL = $14,910.00 308 r�• ATTACHMENT 5 Obelisk Cost Number of Obelisks Cost/Obelisk Cost for Foundation &Bks Total Cost/Obelisk 1-12 $400.00 $125.00 $525.00 13 $2,050.00 $125.00 $2,175.00 13-14 $1,150.00 $125.00 $1,275.00 13-15 $850.00 $125.00 $975.00 13-16 $700.00 $125.00 $825.00 13-17 $610.00 $125.00 $735.00 13-18 $550.00 $125.00 $675.00 13-19 $507.00 $125.00 $632.00 13-20 $475.00 $125.00 $600.00 13-21 $450.00 $125.00 $575.00 13-22 $430.00 $125.00 $555.00 13-23 $400.00 $125.00 $525.00 309 010 TitT 4 4 Q" COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: September 7, 1999 CONSENT CALENDAR: Consideration of Tax Administrator's Hearing on Delinquent Transient Occupancy Tax Payments - Two Angels Inn RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: As of August 31, 1999, the amount of delinquent taxes, penalties and interest total $7,625.49 (Attachment No. 1). The taxes were collected from patrons and have not been remitted to the City. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On May 26, 1999 a letter was sent by the Finance Director acting as the City Tax Administrator notifying Mr. and Mrs. Harris that the City was not receiving prompt payment of their transient occupancy tax (TOT) (Attachment No. 2). On July 7, 1999 a follow-up to the Notice of Assessment of Delinquent Transient Occupancy Tax Penalties and Interest letter was delivered to Mr. and Mrs. Harris outlining the remedies and scheduling a meeting on July 20, 1999 to allow them the opportunity to show just cause why their license should not be suspended and a lien placed on their property (Attachment No. 3). On July 26, 1999 Mr. and Mrs. Harris outlined the steps they were going to take to pay the amount owed (Attachment No. 4) which they anticipated occurring by the end of August. 31 t> The Tax Administrator sent Mr. and Mrs. Harris a letter dated August 23, 1999 outlining his determination and recommendation that the City Council consider placing a lien on the property and further consider revocation of the Inn's Conditional Use Permit (Attachment No. 5 and 6). Staff will notify the Council if full payment is received between the date the staff report was prepared and the City Council meeting. RECOMMENDATION: The alternatives available to the City Council include: 1 . Schedule a Public Hearing or Hearings to order a lien be placed on the Two Angels Inn property 78-120 Caleo Bay, La Quinta, CA and/or consider revocation of the conditional use permit; or 2. Determine not to schedule a public hearing at this time; or 3. Provide Staff with alternative direction. RespActfully submitted, Uohn M. Falcbner Tax Administrator/Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Listing of Delinquent Taxes, Penalties and Interest 2. Letter dated May 26, 1999 to Mr. and Mrs. Harris 3. Letter dated July 7, 1999 to Mr. and Mrs. Harris 4. Letter dated July 25, 1999 from Mr. and Mrs. Harris 5. Letter dated August 23, 1999 to Mr. and Mrs. Harris 6. Conditional Use Permit 95-020 311 ATTACHMENT NO. 1 Y CU C 0 (OM 000 w CC O O O O O 0 0 0 O V V C OD fO �00000000 MNNN N E 1--000000000M co0(O Qma) CO Nvf-I'I- M 0 o O fO d N 7_ C C Q O d-D0 m o,?,O J c w O- O Q E Q' C a)a)� E lO N CL o N O c � O) d 0 0 cn 0 QQQaQQQQa(0��00 Z Z Z Z Z Z z z z o 0- 0 o E9��E969 Q Q Q Q Q Q Q a Q OV q� O O ZZZZZZZZZ—O(000 69 N(A � Efl EA aaaaaa<Q<ggaa Z Z Z Z Z Z Z Z Z 4 w Z Z 69) Lo 0 co co co co 0) 0 0 0 O O O O O L o 0 0 0 0 0 0� Lo N� I�OOOOOOOOOON���� CO NI,P,tiO 0 0 O Lo 0) 0) N NC'�ln co LnOM 000(OMLt7ll71 qr'Ll7 � ��L,p�MOM�- LOM tiM NNLOn CA - .- - N- O Q C 0)N00�NN��O-OMB-O j C,iM O OA CO cl Ln Lo -� r-001� �qqgMO(N0Lo M 0N�NM O NN�-UlLn�.7 .MMN-a0 c Z vi 69 69 69 to 69 69 Efi 69 69 69 64D X69 N N Y �N00 -NNOMD(D�NCOCl00 C �00Ln�c') O 000 CD NLnco66 A6mwr-0M V NN, q; NO�L[70000 -cf r- M N i9 EA 69 O E9 E9 E9 E9 E9 69 69 6/i 69 69 C1 O) O0000000C)0 00 lN00-NNmLn��000Lf1H N 006—cMcM6I-0MLncM60 Lo Lo (O Lo 0 0 0 N OD Ln O) M 0 CNN -IY� 0_ M .+(HE9EflEflCf)696) ffl Ml�M 6N96c# O cn Lo 0 M 69 0 N COO• d' (V 64 N cV N 0 O) E9 co O co cn EA co co 0 Ln 0) co O O O O O O O O O O O d0• 7 OAL 0 0 0 0 0 0 O O O C6 co C --M0Ln-MOMD�I�I�(�O(00� O (� � Nlf)COLf)000MOh0OMLo- MM ~ ��M•M•E9�6�9-0)� M N N �6 co E4 69 69 (fl E9 6Fi 69 64 co co co 0) 0 C O co N 0� 0 Z' N co0 O 00 N lC 0 O 0 0 O5 N E E L 0 0 0 0 a fO 75 7 LD U O N O y M •Q 0 7 7 O a2-»<U)0Z0�LL�Q��� H .11 c C CU c C El 31 `' 004 ATTACHMENT NO. 2 t lt2 • ,�� 78-495 CALLE TAMPICO — LA QUINTA CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777.1227 NOTICE OF ASSESSMENT OF DELINQUENT TRANSIENT OCCUPANCY TAXES, PENALTIES AND INTEREST TO: Mr. and Mrs. Harold Harris Two Angels Inn 78-120 Caleo Bay La Quinta, CA 92253 PLEASE TAKE NOTICE that pursuant to La Quinta Municipal Code sections 3.24.100 and 3.24.120, the tax administrator has assessed against you, as of April 30, 1999, the following tax, penalties, and interest: $7,512.26. You have ten (10) days after the service or mailing of this notice to make an application in writing to the tax administrator for a hearing on the amounts assessed. If no application is made within that time period, the assessment shall become final. Please note that your failure to pay any and all amounts assessed may lead to revocation and suspension of one or more permits you hold relating to the above referenced operation. In addition, the failure to pay the assessment may lead to the filing of a lien upon the above referenced property. DATED: May 26, 1999 -7L3 y CITY OF LA QUINTA 7 uu"" M. Falconer Tax Administrator MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 313 005 1W ao 0 0 0> O d O O rn rn rn c M rn O rn 0 O y ❑ r r- r r r E o 0 o Q1 o co M r o 0 0 0 ooaomao0oa wwo OrnrnrnrnO OOrn000000 OOOOrnrn co Q cor r 0 �- Cf)O Q tn(OtioOor(�r (�(Mvto(Oti E E 0000arr-ro od0000 m a❑ O OrOOONst�NNrM(O(O(O(O (V OG a0 O N, m 0* l!7 (V N (V N (V ❑ t0 ti (D CO :h tO O 'V' O O N (O �t r r r r 7 r IV r 00 M O tl- 0 0 to 0 0 E -7 c4 c N N (M M %i c td r-: t,: h h r 69 69 49 43� fA 69 69 69 (A 69 64 6% (A (H 69 69 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p C OOOOOOd00 rt000000 (O y 0) GOOOOGOt700(OCP 0a0 to E 69 to 4i 69 4i 69 69 O 0) M rn 49 v 69 69 4i � a to 60 V), in (0 N (V O � N N 0) m C O N �r 'O L t F— :° c c d � _m c ❑ 5 O 0 L n U 0 o a E m > 3 E `m v►-ina r M CD O (O M t0 r' r' ONO tli O O O (h (O (L) t0 to O N fV to O (Old (O 0 0 0 0U(Oc069N0) •t696969 O cf N N r t0 t0 M O O O N r (H(fi 69696469r r r C6 m to 69 69 69 69 69. ONMMrNNMtO r M CD O (O m tO r r m OU)too NN0 r O ti r V v w w r 69 69 69 69 69 69 r r 69 69 69 r N O O r N N M t0 r r 0 0 to r M O (O Nt0(Ot0000M00 tO6NNrs64NO r 6996969 69 E9 69 r (H 60 69 w o o o a o o o o O N O O r N N M 0 r r 0 0 to r CM CC (O NtOtDtOOOOMm tO 03 N N r � N O r 69 69 69 69 ui 69 r. 69 69 69 N O O O O O O O O W 0 0 0 0 0 0 0 0 ONOO�NNMtO r�00tO�MOD NtO(Ot0000m tgctN(V d'(V to r 69 69 69 40 69 69 r 69 69 49 co 00 00 0)0°iO' in 0 0 0 E 0 rn � a OoOo to CD E E am>>>aai�ou�i Q2�-3Qco 0z❑ (O O tO N r r I-ztq O (O 619. 69 M tt 1- O O O orcmopo toles-a0ad No (0) C%4 9 fA 69 66 M9 m9 m tr 1- O C O 1� ti (O O O O n O M o 0 0 r � NfAui69 69 69 69 0 0 0 o o 0 M I'tl-000 rr-- co O O O v t0() rn fA fA 4) r cli N 69 69 69 O O O ti O M 60 603, to �0! Z m 0) 0) c' m r O o rn `m•nm LL < (O 00 M N 69 O N M 69 (0 co O O (14 tO 69 m co co M r 60 0 h- 00 co m 4i N OD 00 r U) m 0 314 Q«f ATTACHMENT NO. 3 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 Follow-up to Notice of Assessment of Delinquent Transient Occupancy Taxes, Penalties and Interest July 7, 1999 TO: Mr. and Mrs. Hap Hams Two Angels Inn 78-120 Caleo Bay La Quinta, CA 92253 Since you have not filed a written protest to dispute the amount owed in my correspondence of $7,512.26, the amount is now due and payable. Interest will continue to accrue at'/z of 1 percent per month or fraction thereof until the amount due is paid in full which as of June 30, 1999 is $7,549.82. I have attached a copy of the previous letter that was dated May 26' and delivered to you on May 27'. I have also attached a copy of the entire transient occupancy ordinance. The remedies available to the City include in part: Section 3.24.160 - Revocation of Permit Section 3.24.170 - Closure Section 3.24.180 - Recording a Lien on the Property Section 3.24.200 - Warrant for Collection Section 3.24.210 - Seizure and Sale Section 3.24.260 - Violations - Misdemeanor The City has made every effort to work with you in the remittance of these taxes, however, the balance continues to grow. This tax has been collected from your patrons and has not been remitted to the City in a prompt manner. The Tax Administrator has scheduled a Hearing fc July 20, 1999 at 1:00 p.m. at City Hall to allow you the opportunity to show just cause why your license to operate should not be suspended and a lien for the taxes be placed on the property for failure to pay all outstanding taxes. Please call me if you have any questions. Thank you. . 3nneerely, John M. F cover Tax Administrator 315 1'1► m� to CN 11 C74 OT O OI�N00C14 O r-O co Oo00000oON0)CD co!O�Jcn O O)i6A lh E r-oo66666ornNLF!L tLoto11 CD w coN-v ti��llt+ Q r+ d 0 Q Q Q Q Q Q Q Q Q tr-0 M O O C C Z Z Z Z Z Z Z Z Z N� � m a O — Q to t L r-C Nt 0 0 00 0)g O Q Q Q Q Q Q Q Q � O .O ZZZZZZZZZ-m00 - co 60i 6of 60.1 66 LC H to fTs m y C O O to O O O 5 O Q Q Q Q Q Q Q Q Q N� r Q Q N C � (?C ZZZZZZZZZ..M(oZZ r- c� a. Lo C 6A 6fi 69 � rn y r o0)cocococo c c•� r'000000ooLn ���� to c,i0oo0000o��t�I-titi Om E00000000 CoNvvvv w r-Ncc et�ti�� O m co y CDO00)0)�04CV co Lo_ V � N cc aornccM�n O NtoI'- OO W � >� OW6ptt)LnONMOM .) r-I� a NC14 Lo N� OL O m w M V r-Ln� O C NO)0 NNE. - OEM V �p N 0 O �MeoO�60MtnN0O1*-060op coo r-W LOONCOWNt mOm O', t�T3 ` -W�0mmr--'ItvMOc00)N,t� lL �6V9��696096O96f)6A6R�dM4�64 6 6A O c �N0)0LoT.— 70�f-1��c0000 O 6V9 bN4 6N9 69 6�9 , 'D , Cn N 609 � 60R M 69 6A 60).60 6m p000000cOv)0cl)V � M N O) O) N N O u? r r 60 CO O p to N M I�OMtoM O 0 rn 0E- LoLnNNOOIM _V 00.W06A� O 69 60 6s s � 66 : co N N r- �- 60 69 6191643169 W7 W7 60 O cM O O 0 0 0 co 0 co N 0 co 0 0 0 0 0 0 0 0v O O co O o 0 0 0 O O M ~ O C O(V O)O)�N(VMtAMv�(I tt) Oto x O NT-MOO V-CD Mmwr.-MMOM m to t! ) N V V) O) C H NN�V O ��MNN�- 69 6A 69 60 to qlk 69 69 6fl 64 60 60i 69 Cr E C C N co co CO + Q N o y 0)CO "M0) �Q 4) rnC�c aEi E E m �srncnrn m o U) 4) a� � � � �'3Ea� acccc�����o�a�i���a�� o U4U)a- Qm-»Qco0Z0 LL <�� H 316 ' 'Air ` . . ....... .. _ 78-496 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 NOTICE OF ASSESSMENT OF DELINQUENT TRANSIENT OCCUPANCY TAXES, PENALTIES AND INTEREST TO: Mr. and Mrs. Harold Harris Two Angels Inn 78-120 Caleo Bay La Quinta, CA 92253 PLEASE TAKE NOTICE that pursuant to La Quinta Municipal Code sections 3.24.100 and 3.24.120, the tax administrator has assessed against you, as of April 30, 1999, the following tax, penalties, and interest: $7,512.26. You have ten (10) days after the service or mailing of this notice to make an application in writing to the tax administrator for a hearing on the amounts assessed. If no application is made within that time period, the assessment shall become final. Please note that your failure to pay any and all amounts assessed may lead to revocation and suspension of one or more permits you hold relating to the above referenced operation. In addition, the failure to pay the assessment may lead to the filing of a lien upon the above referenced property. DATED: May 26, 1999 CITY OF LA QUINTA I .r -By: Jjhn M. Falconer -i-ax Administrator MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 317 0n9 d c fO a1 � E d -,,'D co a 2 aci � E o m a 0 T 0 o cc O � tv d U' 34z X O co M f- tD O N N T to ftl O N 0 0 L N ~ O O w 61 L 7 � f- c E � c a, j m a w o co m rn o c 0<E°'4) Z O E d 3 z d 2 U H to d s o000 0 0000 rn 000orn 0 v cn 0 � o 0 O Lv O N CD 0 0 0 a0000aooaoo0 m0>rnrnrnrn 0 0 0 0 0 0 0 0 0 to 0 0 rn 0 0 a - - - - �0--0-0-- 0.-0-0— M M M M M M M M M N Cr) Cl) M Cr) M 0 0 0 0 00� o 0 0 0 0 0 0 0�000N��NN�Mt00Ot0 - InVCV) mOf r-Oo1�NNNN nOCOOQ [000000NCONQNNNN 0r-V ^toM0M V r 1`titoM00 r- N N N N M M Q N � V- &r. t,� fl�GOfH40*4446e 69 40fNfflcA49444449 0000000000000000 o 0 0 0 0 0 0 0 0- Y) 0 0 0. 0 0 OCOOOCOCCNtOOi�GO 49 to 49 49 49 64 49 00 0 0 N 49 � 49 49 44 � CD�N.=64 69 44 49 49 0 N 0 0 N N M to O 0 M N 0 0 0 -Mo0t0M10r-�ONOOOOO c*i . c0 . cC) C N N cr1 G t0 t0 t0 O O O W V NN�Ommo t00N 40 49 49 iN 49 49 _ - M cr) 619, IA IA 40! 49 to t0 0 0 N 1. �0 t0 w 49 ON00�NNMtn cov1-000 �Mo0tDM1A�� O�M000 m 0 0 to Ln O N N 0 0 1` 0 0 C) t7 I- 0 0 1- � V 'Q 0 O N 1f) M to 49 44 cOQNN�LD0M0 00N 49 69 V! 49 64 69 - '. -7 cr trj 69 K 49 49 to cA � N 0 0 T-N N M O M Iq h O O O �r-00tff�MOO r�tOOOO CV to (0 In 0 O) O) th a0 r- 0 M 0 0 0 11i IT N N r- Q 'T N 0 UA 0 49 64 49 r- 49 W4 6F //A 69 49 � K 69 fA H 49 O N 0 0 O N N M 0 N0c01A000M1O LD Q N N 'Q < N 0 ,- 49 49 to 49 49 49 FA to N O O O O O O O O GD00000000 O N 0 0 N (V M O r- 0 0 to M co 0 N Lnc0 to 0 0 0 M w L6V NN�sYTNOD .- 694900400 49 69 � 0ornrn CID� �' � ) oo°°o E Do00 H o� E E •.-_ C ?� Q1 n V O N Q2CL -',�<Wozo O O O O O O O O 1� 1- tD O O O t` 0 M to fA 49 cl N 69 69 69 O O O r- Ili O 1- 0 M 6449 /NA Z,Z°'0rno' 0 0 7 M` M 7 LL m Q m 7 0 co N n t` to 0 crii N 49 O N f• M 40 co t0 O O N 0 40 am to r- o M 69 cc Go co to cri 49 N to 1` co 0 M r- N O f- 31.8 '3.24.010 Chapter 3.24 TRANSIENT OCCUPANCY TAX Sections: 3.24.010 Short title. 3.24.020 Definitions. 3.24.030 Tax imposed. 3.24.040 Exemptions. 3.24.050 Operator's duties. 3.24.060 Registration. 3.24.070 Returns and remittances. 3.24.080 Reporting and remitting. 3.24.090 Cessation of business. 3.24.100 Delinquency. 3.24.110 Fraud. 3.24.120 Failure to collect and report tax Determination of tax by tax administrator. 3.24.130 Appeal. 3.24.140 Records. 3.24.150 Refunds. 3.24.160 Revocation of permit. 3.24.170 Closure of hotel without permit. 3.24.180 Recording certificate —Lien. 3.24.190 Priority and lien of tax. 3.24.200 Warrant for collection of tax. 3.24.210 Seizure and sale. 3.24.220 Successor's liability —Withholding by purchaser. 3.24.230 Liability of purchaser —Release. 3.24.240 Responsibility for payment. 3.24.250 Withhold notice. 3.24.260 Violations —Misdemeanor. 3.24.270 Extension of time. 3.24.280 Divulging of information forbidden. 3.24.290 Agreement with county. 3.24.010 Short title. The short title of this chapter shall be the transient occupancy ordinance. (Ord. 2 § 1 (part), 1982) 3.24.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter: "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping r arposes, and includes any hotel, inn, touriFt home or house, motel, studio hotel, bachelor hotel, lodginghouse..00minghouse, apartment house, time-sha- project or facility, dormitory, public or private club, rental space for recreation vehicles, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling house unit rented only occasionally (infrequently) and incidentally to the normal occupancy by the owner or his family; provided, that the burden of establishing that the housing or facility is a hotel as defined in this subsection shall be upon the owner or operator thereof who shall file with the tax administrator such information as the tax administrator may require, to establish and maintain such status. B. "Occupancy" means the use or possession, or the right or entitlement to the use or possession, of any hotel, room, rooms or any portion thereof offered for rent to be used or occupied for dwelling, lodging or sleeping purposes regardless of the purpose for which the rooms are rented or provided. (La Qu;ov 1_95) 60 319 .i.i.�.Ur.0 C. "Operator" means the person who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, time-share project or facility manager or operator, or in any other capacity. Where the operator performs his or her functions through a managing agent of any type or character, the managing agent shall also be deemed an operator for the purpose of this chapter, and shall have jointly and severally the same duties and liabilities as the principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. D. "Person" means any individual, fum, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. E. "Rent" means the amount of the consideration charged or chargeable to the tenant or person entitled to occupancy, for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including the full value of receipts, cash, credits, property or services of any kind or nature, without any deductions whatsoever. "Rent" may have been, or may be in part, payable or paid prior to or following (in whole or in part) the occupancy to which it is attributable, and may have been paid in whole or in part in advance on a long-term basis, such as in a time-share project or similar arrangement. It is not the intent of this subsection to make the operator liable for the tax on uncollected rent. However, uncollected rent must be reported. F. `Tax administrator" means the city manager or his designated agent, whether a city employee or county officer or employee. G. `Time-share occupancy" means occupancy related to the situation wherein a purchaser receives the right or entitlement in perpetuity, for life, or for a term of years or other extended term, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), hotel or portion thereof, or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time-share project which is involved has been divided. The right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room(s), or portion of a hotel, or segment of real property, or may involve designation or selection of the same at a future time or times. H. `ransient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, time-share arrangement or ownership or agreement, or other agreement of whatever nature, for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a transient if his actual total period of occupancy does not exceed thirty days. Unless days of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated thirty calendar days. 1. "Group hotel" means any hotel which has each of the following characteristics: 1. One hundred twenty-five or more rooms; 2. Group meeting space to accommodate fifty or more people; 3. An on -site sales effort that solicits and/or serves group meetings. (Ord. 254 § 1, 1994, Ord. 211 § 2, 1992; Ord. 2 § 1 (part), 1982) 3.24.030 Tax imposed. For the privilege of occupancy in any group hotel or hotel, each transient is subject to, and shall pay a tax in the amount of eleven percent of the rent charged by the operator or otherwise payable by the transient for group hotels and ten percent for all other hotel occupancy. Insofar as the transient is concerned, the tax _ constitutes a debt owed by the transient to the operator or to the city. For the purposes of this section, the rent :seemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated the occupanc, , which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property), which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name the fees, assessments, charges or expenses may be denominated; whether "occupying fee," "maintenance or operations charge," "per diem fee," "mnanagemeat fce" or like name or otherwise. In making the computation referred to above of the pro rats share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable 61 (r= Quint, 1-95) 3ti00 0�2 3.24.030 term. Such -pro ration shall be made upon an assumed term of forty years. (Ord. 211 § 1, 1992: Ord. 191 § 1, 1991: Ord. 125 § 1, 1988: Ord. 2 § 1 (part), 1982) 3.24.040 Exemptions. A. No tax shall be imposed upon: 1. Any person as to whom or any occupancy as to which it is beyond the power of the city to impose the tax provided in this chapter, 2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. B. No exemptions shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form.- rescribed by the tax administrator. (Ord. 2 § 1 (part), 1982) 3.24.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax shall be separately stated from the amount of the rent charged. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent; or that, if added, any part will be refunded except in the manner provided in this chapter. All taxes collected by operators pursuant to this chapter shall be held in a separate bank account in trust for the benefit of the city until payment thereof is made to the tax administrator, or in lieu of such separate bank account an operator may post a bond guaranteeing payment of such taxes, equal to two months tax as determined by the tax administrator. (Ord. 202 § 1, 1992; Ord. 2 § 1 (part), 1982) 3.24.060 Registration. A. Every person desiring to engage in or conduct business as operator of a hotel renting to transients within the city shall file with the tax administrator an application for a transient occupancy registration permit for each place of business. Every application for such a permit shall be made upon a form prescribed by the tax administrator and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business and such other information as the tax administrator may require. The application shall be signed by the owner if a natural person, by a member or partner, if an association or partnership, by an executive officer or some person specifically authorized by the corporation to sign the application in the case of a corporation. The transient occupancy registration permit must be in effect at all times while the business is in operation and shall be at all times posted in a conspicuous place on the premises. The permit shall, among other things, state the following: 1. Name of hotel; 2. Name of operator; 3. Hotel address; 4. The date upon which the permit was issued; 5. "This Transient Occupancy Registration Permit signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Chapter by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This Permit does not uthorize any person to conduct any unlawful business in any unlawful manner, nor operate a hotel withou`. strictly complying with all applicable laws, ir;;luding but not limited to those requiring a permit from any board, commission, department or office of his City. This Permit does not apply in lieu of such other permits which are otherwise required." B. At the time of making an application for a registration permit, the applicant shall pay a registration fee of five dollars for each permit issued. (Ord. 2 § 1 (part), 1982) 3.24.070 Returns and remittances. The tax imposed under Section 3.24.030 is: A. Due to the tax administrator at the time it is collected by the operator; and B. Becomes delinquent and subject to penalties if not received by the tax administrator on or before the last working day of the month following the close of each calendar month. (Ord. 2 § 1 (part), 1982) 3*21 cu Win ,-ss, 62 i/? r� 3.24.080 Reporting and remitting. Each operator shall, on or before the last working day of the month following the close of each calendar month, file a return with the tax administrator on the forms provided by him, of the total rents charged or chargeable as provided in Section 3.24.030, whether or not received, including any rentals charged for occupancies exempt under the provisions of Sections 3.24.020G and 3.24.040 and the amount of tax collected for transient occupancies. Each such return shall contain a declaration under penalty of perjury, executed by the operator or his authorized agent, that to the best of the signator's knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Sections 3.24.020G, 3.24.040 and 3.24.150 shall be fully itemized and explained on the return or supporting schedule. In determining the amount of "taxable receipts" on the tax return, "rent" as defined in Section 3.24.020E, may not be reduced by any business expenses including but not limited to the amount of service charges deducted by credit card companies or commissions paid to travel agencies. At the time the return is filed, the tax fixed at the prevailing transient occupancy tax rate for the amount of rentals charged or chargeable, which are not exempt from tax under Sections 324.020G, 3.24.040 and 3.24.150 shall be remitted to the tax administrator. The tax administrator may establish other reporting periods and may require a cash deposit or bond or a separate trust fund bank account for any permit holder if he deems it necessary in order to ensure collection of the tax and he may require further information in the return. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until remittance thereof is made to the tax administrator. (Ord. 2 § 1 (part), 1982) 3.24.090 Cessation of business. Each operator shall notify the tax administrator, ten days prior to the sale or cessation of business for any reason and returns and remittances are due immediately upon the sale or cessation of business. (Ord. 2 § 1 (part), 1982) 3.24.100 Delinquency. Any operator who fails to remit any tax to the city or any amount of tax required to be collected and remitted to the city including amounts based on determination made by the tax administrator under Section 3.24.120, within the time required, shall pay a penalty of ten percent of the tax or amount of the tax in addition to the tax or amount of tax plus interest at the rate of one-half percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected becomes delinquent until the date of remittance or payment. Any operator who fails to pay any penalty imposed under this section within ten days after receipt of notice thereof shall pay interest thereon at the rate of one-half of one percent per month, or fraction thereof from the date on which the penalty becomes due and payable to the city until the date of payment. (Ord. 2 § 1 (part), 1982) 3.24.110 Fraud. If the tax administrator determines that the failure to make any remittance or payment due under this chapter is due to fraud, a penalty of one hundred percent of the amount of the tax and penalties shall be added thereto in addition to the penalties stated in Section 3.24.100. (Ord. 2 § 1 (part), 1982) 3.24.120 Failure to collect and report tax—Detf mination of tax by tax administrator. If any operator fails or refuses to collect the tax and to make, within the time provided in tb' . chapter, any report and remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter payable by any operator who has failed or refused to collect the tax and make such report and remittance, he shall proceed to determine and assess against the operator the tax, interest and penalties provided for by this chapter. In case the determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known address. The operator may within ten days after the serving or 63 322 014 3.24.120 mailing of the notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If the application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for the tax, interest and penalties. At the hearing, the operator may appear and offer evidence why the specified tax, interest and penalties should not be so fixed. After the hearing the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section of the determination and the amount of the tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is_s' ken as provided in Section 3.24.130. (Ord. 2 § 1 (part), 1982) 3.24.130 Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of any tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of serving of the assessment or determination of tax and penalties, if any, due. The city council shall fix a time and place for hearing the appeal, and the city clerk shall give notice in writing to the operator at his last known address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this chapter for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 2 § 1 (part),1982) 3.24.140 Records. It shall be the duty of every operator liable for the collection and remittance to the city of any tax imposed by this chapter to keep and preserve, in the city, for a period of three years, records in such form as the tax administrator may require to determine the amount of the tax. The tax administrator shall have the right to inspect such records at all reasonable times and may subpoena the records of any operator who refuses to make them available for examination. (Ord. 2 § 1 (part), 1982) 3.24.150 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claims shall be on forms furnished by the tax administrator. B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the person or credited to rent subsequently payable by thP person to the operator. w A transient may obtain a refund of taxes overpaid or paid more than once erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection A of this section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records. (Ord. 2 § 1 (part), 1982) 3.24.160 Revocation of permit. , Whenever any operator fails to comply with any provision of this chapter relating to occupancy tax or any rule or regulation of the tax administrator relating to occupancy tax prescribed and adopted under 64 3?3 0?5 this chapter, the tax administrator upon hearing, after giving the operator ten days' notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may suspend or revoke any one or more of the permits held by the operator. The tax administrator shall give to the operator written notice of the suspension orrevocation of any of his permits. The notices required in this section may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. The tax administrator shall not issue a new permit after the revocation of a permit unless he is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the occupancy tax and regulations of the tax administrator. (Ord. 2 § 1 (part), 1982) 3.24.170 Closure of hotel without permit. During any period of time during which a permit has not been issued, or is suspended, revoked or otherwise not validly in effect, the tax administrator may require that the hotel be closed. (Ord. 2 § 1 (part),1982) 3.24.180 Recording certificate —Lien. If any amount required to be remitted or paid to the city under this chapter is not remitted or paid when due, the tax administrator may, within three years after the amount is due, file for record in the office of the county recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the records of the tax administrator of the operator liable for the same and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be remitted and paid. From the time of the filing for record, the amount required to be remitted together with penalties and interest constitutes a lien upon all real property in the county owned by the operator or afterwards and before the lien expires acquired by him. The lien has the force, effect and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharged. (Ord. 2 § 1 (part), 1982) 3.24.190 Priority and lien of tax. A. The amounts required to be remitted and/or paid by any operator under this chapter with penalties and interest shall be satisfied first in any of the following cases: 1. Whenever the person is insolvent; 2. Whenever the person makes a voluntary assignment of his assets; 3. Whenever the estate of the person in the hands of executors, administrators, or heirs is insufficient to pay all the debts due from the deceased; 4. Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process law. This chapter does not give the city a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien. B. The preference given to the city by this section shall be subordinate to the preferences given to claims for personal services by Sections 1204 and 1206 of the Code of Civil Procedure. (Ord. 2 § 1(part), 1982) 3.24.200 Warrant for collection .f tax. At any time with , three years after any operator is delinquent in the remittance or payment of ,iny amount required in this chapter to be remitted or paid or within three years after the last recording of a certificate under Section 3.24.160, the tax administrator may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the city under this chapter. The warrant shall be directed to any sheriff, marshal, or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a writ of execution. The tax administrator may pay or advance to the sheriff, marshal, or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. -The tax administrator, and not the court, shall approve the fees for publication in a newspaper. (Ord. 2 § 1 (part), 1982) 6s 324 W 6 3.24.210 3.24210 Seizure and sale. At any time within three years after any operator is delinquent in the remittance or payment of any amount, the tax administrator may forthwith collect the amount in the following manner. The tax administrator shall seize any property, real or personal, of the operator and sellthe property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure. (Ord. 2 § 1 (part), 1982) 3.24220 Successor's liabiUtyWithholding by purchaser. If any operator liable for any amount under this chapter sells out his business or quits ,ne business, his successor or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax administrator showing that it has been paid or a certificate stating that no amount is due. (Ord. 2 § 1 (part), 1982) 324230 Liability of purchaser —Release. If the purchaser of a hotel fails to withhold purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within sixty days after receiving a written request from the purchaser for a certificate, or within sixty days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than ninety days after receiving the request, the tax administrator shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold purchase price as provided in this section. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time that the determination against the operator becomes final, whichever occurs the later. (Ord. 2 § 1(part), 1982) 324240 Responsibility for payment. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been remitted to the city is a fiduciary obligation of the operator to the city and collectible in the same manner as a debt. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (Ord. 2 § 1 (part), 1982) 324250 Withhold notice. If any person or operator is delinquent in the remittance or payment of the amount required to be remitted or paid by him or in the event a determination has been made against him for the remittance of tax and pax -.tent of the penalty, the city may, within three years after the tax obligation became due, give notice th_ reof personally or by registered mail to -'I-persons, including the state or any political subdivision thereof, having in their possession or -ider their control any credits or other personal property belonging to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the taxpayer's credits, other personal property or debts until the city consents to a transfer or disposition or until sixty days elapse after the receipt of the notice, whichever expires earlier. All persons, upon receipt of the notice, shall advise the city immediately of all such credits, other personal property or debts in their possession, under their control or owing by them. If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of the bank at which the deposit is carried or at which the credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held under this section during the effective period of the notice to withhold, he shall be liable to the city M 325 017 3.24.LDU to the extent of the value of the release up to the amount of the indebtedness owed by the taxpayer to the city. (Ord. 2 § 1 (part), 1982) 3.24.260 Violations —Misdemeanor. A. Except for failure of an operator to pay to the tax administrator taxes collected under this chapter which is punishable as a felony pursuant to Section 424 of the Penal Code, every violation of this chapter is a misdemeanor and punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail for not more than six months or by both such fine and imprisonment. B. If the offense is not otherwise punishable as mentioned in subsection A of this section, any person wilfully failing to comply with, or knowingly violating, any of the provisions of this chapter shall be guilty of a misdemeanor. C. Any operator or other person who wilfully fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who wilfully makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor. (Ord. 2 § 1 (part), 1982) 3.24.270 Extension of time. The tax administrator, for good cause, may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this chapter. The extension may be granted at any time, provided a request therefor is filed with the tax administrator within or prior to the period for which the extension may be granted. Any person to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one percent per month or fraction thereof, from the date on which the tax would have been due without the extension until the date of payment. (Ord. 2 § 1 (part), 1982) 3.24280 Divulging of information forbidden. It is unlawful for any person having an administrative duty under this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of the records of any operator or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or copy thereof or any abstract or particulars thereof to be seen or examined by any person. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the amounts of any unpaid tax or amounts of tax, penalties and interest required to be collected. (Ord. 2 § 1 (part), 1982) 324290 Agreement with county. The city is empowered to enter into a joint powers agreement with other cities and the county, and if the agreement or agreements can be made wherein central collection for the county is provided, then it shall be done upon approval by the city council. (Ord. 2 § 1 (part), 1982) 67 . _ 326 �1R JUL-26-99 12:46 AM TWO ANGELR INN ATTACHMENT NO. 4 A heBe1 axd !9re+affwt Innkeepers 78-120 Calap Bay, 760.564 73.32 ►tap an.d ?lofty .9larris La (yinta, CA 92253 toff free 888-226-4546 c-mail 4Xm% \ngcs«aol.c<nn> WWW.bb<nditte.cutil'caltwoangct9 fax 760-5(4 6156 July 25, 1999 by flax 777-7105 Mr. John Falconer Finance Director City of La Quinta i Deter John, As a follow up to our meeting on July 20th, this letter is to summarize what brought us to this position of owing back transit occupancy tax. First, we would like to thank you for your patience and understanding of our problem. Second, we do agree that the $7549.82 stated in your letter is that which is owed, and thirdly, it is our commits-netil. to get current just as soon as possible, as described in the following. This past winter was really our first scason of high occupancy. In order to deal with the: hectic pace it was necessary to expand our limited staff. This higher payroll and other cash demands coupled with the inisci-ilculation of crash flaw for the months following peak season caused us a short- fall in funds from which we arc still trying, it) rcc ovcr. Our solution is to come in one of two ways. On the first of August several good friends arc coming to the desert to meet with our bank and set up the frame work From which we will receive more working capital. If all goes well this will he accomplished by the end of August. The second, and quicker solution is AAA flour Diamond'Property 9eatured in Country Inns Magazine Npsvemfer/'December 1,998 327 n� q JUL-26-99 12:47 AM TWO ANGELR INN 7605647332 P.03 the sale of one of our automobiles. We Plan to use the proceeds from this transaction to pay the city occupancy tax duc. Jahn, we want you to know that we understand the importance of this maticr, and that in your Zx)sition m finance director of the city you will consider what is in the best interest of �mth parties: the city, and a young and growing business that has already received national and international recognition in the. hospitality industry. Once again, we thank you for your time., your consideration, and your understanding. S' rely, Hap Harris Holly Harris Innkecperlowners I AAA four Diamond Tropertty Ffatured in Country Inns Magazine N oemberlDecember 1998 i 1 j UL-26-99 12:46 AM TWO ANGELR INN i 7605647332 e a A _A� Bc andBI eakfa t Y-arL 760-564-6356 ?'efephone 898.226-4546 TO, �A/V rG A �,,v,APA'clr / I Fax Nmber. Pages: NO AAA four Diamond property E Natured in Country funs .%fagazine � �1(Dvtmber/�ecct�iber199d www.bbonfjne.com/ca/t7uoange fs I i i e 329 0 ATTACHMENT NO. 5 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 August 23, 1999 Mr. & Mrs. Hap Harris Two Angels Inn 78-120 Caleo Bay La Quinta, CA 92253 Re: Tax Administrators Hearing on Delinquent TOT Payments Dear Mr. & Mrs Harris: (760) 777-7000 (TDD) (760) 777-1227 This letter shall serve as my determination as the City of La Quinta's Tax Administration Hearing Officer for the hearing on July 20, 1999, concerning your failure to make current payments on TOT owed for the property known as Two Angels Inn at the address of 78-120 Caleo Bay, La Quinta, California 92253. After reviewing your testimony, it appears that you have no immediate intention to bring current the payment of the City's tax money. I have no choice but to recommend that the City Council consider placing a lien on the property and further consider revocation of your conditional use permit. These remedies are authorized by the La Quinta Municipal Code Section 3.24.160, 3.24.180 and 9.210.020. My recommendation to the Council to schedule a hearing on either one or both of these penalties will be placed on the City Council "Business Session" for the September 7, 1999 Council Meeting. We recommend that you retain legal counsel to protect your interests. You will be notified if the City Council sets a hearing on either these remedies. Should you have any questions or if you are able to provide us with the withheld taxes prior to the above mentioned meeting, please let me know so that a revised report may be presented to Council at their September 7, 1999 meeting. Si erely, /1 John M. Falconer Tax Administrator City of La Quinta cc: Members of the City Council Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager Doug Diekmann, Small Business Finance Corp. (via Certified Airmail) Gerri B. Gordon, Valley Independent Bank (via Certified Airmail) 330 0 T4ht 4 4 (,. COUNCIL/RDA MEETING DATE: ITEM TITLE: August 1, 1995 FILE COPY ATTACHMENT NO. 6 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:. STUDY SESSION: Consideration of a report of action taken by the Planning PUBLIC HEARING: Commission on Conditional Use Permit 95-020 approving a Bed and Breakfast Inn to be located on the east side of Caleo Bay Drive at Lake La Quinta Drive. Applicant: Harold & Harriet Harris Move to approve the action taken by the Planning Commission. None The subject property is a commercially zoned site within the Lake La Quinta subdivision. The property consists of approximately one -acre of land with lake frontage on the north and east sides. The applicants are proposing to construct an "upscale" Bed and Breakfast Inn consisting of nine guest rooms, two suites, and an innkeeper's residence. The total square footage of building area is approximately 9,800 square feet with the innkeeper's unit consisting of approximately 1,900 square feet of that total. The rental room sizes vary in size from approximately 271 square feet to 488 square feet. The nine rooms will either be on the first floor or second floor of the structure with the two suites being in a separate building near the lake. The project will take access to Caleo Bay Drive from the parking lot area. The project has been designed to create an "old world" feeling, utilizing a French Chateau or Country architectural style. The building will have stucco walls with copper accents and a dark slate tile roof. The attached innkeeper's unit will be located near the north end of the site and have an enclosed two -car garage. The project has been designed to be heavily landscaped, utilizing several varieties of trees. A detailed description of the project and its features is contained in the attached Planning Commission staff report for the meeting of July 25, 1995 (see Attachment 1). ccss.106 331' 023 3 4 The Planning Commission reviewed this item at its meeting of July 25, 1995. After a brief discussion of the project and some of its features, the Planning Commission unanimously approved the application, subject to conditions (see Attachment 2). Findings necessary to accept this report of action taken by the Planning Commission are as follows: 1. A Negative Declaration of Environmental Impact and the Conditional Use Permit Application have been approved by the Planning Commission. 2. The Conditional Use Permit Application complies with applicable City codes, requirements and provisions. 3. The Public Use Permit Application is in compliance with any applicable La Quinta General Plan Requirements. Alternatives available to the City Council are as follows: 2. Je CO Accept the report of Planning Commission action approving the Conditional Use Permit Application; Request that a public hearing be held on the application in order to allow City Council review. Erman nity D lopment Director Attachments: 1. Planning Commission staff report for July 25, 1995 2. Adopted Conditions of Approval 3. Plans and Exhibits (large copies for City Council only) ccss.106 332 2 024 e AHM I - C.C. DATE: CASE: APPLICANTS: ARCHITECT: STAFF REPORT PLANNING COMMISSION JULY 25, 1995 CONDITIONAL USE PERMIT 95-020 HAROLD (HAP) AND HARRIET (HOLLY) HARRIS CHARLES MARTIN REQUEST: APPROVAL TO CONSTRUCT A 11-ROOM BED AND BREAKFAST INN WITH INNKEEPER'S UNIT ON ONE -ACRE SITE LOCATION: EAST SIDE OF CALEO BAY DRIVE, SOUTH OF LAKE LA QUINTA DRIVE ZONING: C-P-S (SCENIC HIGHWAY COMMERCIAL) ENVIRONMENTAL DETERMINATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS COMPLETED AN INITIAL STUDY (EA 95-306) ON THE PROPOSED PROJECT AND DETERMINED THAT THE PROJECT WILL NOT HAVE ANY SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE MITIGATED. THEREFORE, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IS HEREBY RECOMMENDED FOR ADOPTION. GENERAL PLAN LAND USE DESIGNATION: M/RC (MIXED/REGIONAL COMMERCIAL) SURROUNDING ZONING/LAND USE: NORTH: R-1 /LAKE WITH RECREATIONAL AREA BEYOND SOUTH: C-P-S/VACANT COMMERCIAL LAND EAST: R-1 /LAKE WITH VACANT RESIDENTIAL LAND BEYOND WEST: C-P-S/VACANT COMMERCIAL LAND SfAFFRPT.042 333 3 025, • 0 The subject property is a vacant one -acre site which was created as a part of the Lake La Quinta subdivision several years ago. The site is an irregularly shaped square property consisting of approximately one -acre of land. The site has been rough graded with the finish grade several feet higher than the adjacent Caleo Bay Drive. The site is presently vacant except for some desert shrubs. The site has Lake frontage along most of the north and all of the east boundary of the site. The applicants are proposing to construct what they call "an upscale bed and breakfast inn" consisting of nine guest rooms, two suites, and an innkeeper's residence on the site. The total square footage of building area consists of approximately 9,800 square feet of floor space. Within the inn portion of the facility there will be kitchen and dining facilities and a library. The innkeeper '(or owner's) unit will contain three bedrooms and a two -car garage and consist of 1,900 square feet of floor space. Nine rooms, varying from 271 square feet to 488 square feet, will be provided in the main "L" shaped building on two floors. The remaining two guest suites (416 & 422 sq. ft.) will be located as a separate one story unit near the southeast corner of the site. The innkeeper's unit will be located adjacent to the northwesterly portion of the site. A swimming pool and spa will be located near the southeasterly portion of the site. The "L" shaped building is laid out with the short leg against the northern property line and parking adjacent to Caleo Bay Road. The nine guest rooms are orientated with views towards the Lake to the east. The two individual guest suites are also laid out with their main orientation to the Lake. The C-P-S zone does not have setback requirements for one and two-story buildings. The applicant has designed the project with substantial setbacks from Caleo Bay Road; except for a small portion of the residence which is approximately 25-feet from the street right-of-way. Adjacent to the north, which is a part of the Lake, the setback is approximately nine feet with the separate suite units setback approximately eight feet from the Lake on the east at one corner and approximately ten feet along the south property line. SfAFFRPT.042 334 4 0 26 According to the applicant, the project has been designed to create an old world feeling utilizing a French Country or Chateau architectural style. The project will utilize two grey earth -tone stucco colors with copper accents, french windows and doors, and a dark grey slate roof. Quarry stone will be used as an accent around some portions of the base of the structures. The height of the structure, at its two- story level, will be approximately 28-feet with a one-story area, for the innkeeper's unit, at 13-feet high. On the south elevation of the owner's unit will be an enclosed two -car garage. To the east of the garages will be three simulated garage doors which will only be wall panels. These panels, along with the garage doors, will be constructed out of metal simulated to look like wood. The municipal code requires 1.1 parking space per room or, for this 11-room unit, 12 .parking spaces. The innkeeper's unit would require and additional 2 parking spaces. The applicant is providing a total of 17 unenclosed parking spaces for guests and is providing a two -car enclosed garage for the innkeeper's unit. The main vehicular access, to the project, will be from a driveway near the south property line. This access will be provided with an automatic gate which will be open during the day and closed during the evening hours. A secondary access, which would be for emergency or delivery -use only, will be located near the northern property line adjacent to the innkeeper's unit. This gate is anticipated to be an "exit only" gate. This gate is proposed to be a solid gate which would be kept closed. The project is proposed to be landscaped in a fashion which will simulate a wooded french -area. The applicants are proposing extensive use of trees throughout the site. Near the water, weeping willows are proposed to be used with the majority of the other trees to be evergreen trees. However, around the pool area there will be some use of palm trees and hibiscus shrubs. Along the front of the site the landscaping will be bermed with a short screen wall provided above that to provide a sense of enclosure and privacy to the facility. Applicants have not submitted signage plans at this time. However, the architect indicates that it is anticipated that signage will be limited to use of logos and small signs on (or adjacent to) the main vehicular gate entry near the south property tine. SfAFFRPT.042 335 5 n 1 0 The Inn will be operated on a 24-hour-a-day basis with the innkeeper's being on site at all times. There will be approximately two to three full-time employees involved. Staff has circulated a request for comments among City Departments and outside agencies. All comments received have been positive with the Chamber of Commerce recommending approval of the project. Staff has verbally been informed by the Lake La Quinta Homeowners' Association representative that they feel the project is acceptable. No written comments from adjacent homeowners, or surrounding property owners, has been received regarding the project. The project complies with applicable City requirements. Additionally, the project has been designed to be attractive. Although the architectural style is not Mediterranean or Spanish which the surrounding land uses consist of, it does have the same architectural elements of stucco walls and a tile roof. Additionally, the applicant has designed the landscaping to be fairly dense which will minimize visibility of the project from adjacent properties or streets. Staff feels that there are findings that can be made to support approval of the project as follows: 1. The project has been designed for the protection of the public health, safety and welfare. 2. The project conforms with logical development of the land and surrounding area. 3. The project complies will applicable City zoning and General Plan requirements. 4. The project will be architecturally and landscaped to be compatible with surrounding land uses. STAFFRPT.042 336 0 02S Based on the above findings, Staff recommends: 1. Adoption of Resolution 95 approving a Mitigated Negative Declaration of Environmental Impact; 2. Adoption of Minute Motion 95-_, approving Conditional Use Permit 95-020, subject to the attached conditions. Attachments: 1. Location Map 2. Environmental Assessment Documentation 3. Comments from various City Departments and outside agencies 4. Plans and exhibits STAFFRPT.042 337 029 FA ATTACHMENT I CASE MAP CASE No. CONDITIONAL USE PERMIT 95-020 TWO ANGELS INN HA OLD & HARRIET HAREMS I C ORTH SCALE: 338 NTS Q30 8 PLANNING COMMISSION RESOLUTION 95-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 95-306 PREPARED FOR CONDITIONAL USE PERMIT 95-020 - HAROLD & HARRIET HARRIS (TWO ANGELS INN) ENVIRONMENTAL ASSESSMENT 95-306 TWO ANGELS INN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th day of July 1995, hold a duly noticed Public Hearing to consider the proposed Conditional Use Permit 95-020 for the Harris' Two Angels Inn project; and, WHEREAS, The Planning Commission of the City of La Quinta, California, did approve the certification of the Environmental Assessment to the City Council; and, WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules o Implement the California Environmental Quality Act of 1970" (as amended) (Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Initial Study EA 95-306; and, WHEREAS, the Community Development Director has determined that said conditional use permit will not have a significant adverse effect on the environment and that a Negative Declaration of environmental impact should be filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts, findings, and reasons to justify certification of said Environmental Assessment; 1. The proposed conditional use permit will not be detrimental to the health, safety, or general welfare of the community, either directly or indirectly. 2. The proposed conditional use permit will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 339 03. 3. The proposed conditional use permit does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals. 4. The proposed conditional use permit will not result in impacts which are individually limited or cumulatively considerable. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission for this environmental assessment. 2. That it does hereby recommend certification of Environmental Assessment 95- 306 for the reasons set forth in this resolution and as stated in the Environmental Assessment Checklist and Addendum, labeled Exhibit "A" and contained in the staff report. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 25th day of July, 1995, by the following vote, to wit: AYES: Commissioners Adolph, Anderson, Barrows, Butler, Newkirk and Chairman Abels NOES: None ABSENT: Commissioner Gardner ABSTAIN: None AjCQfVNESAuBjELS, ChairLa Qnta, California ATTEST: 340 JE Y HER N, Community Development Director Cyfy of La Qu ta, California 0 3 2- C� Ll ENVIRONMENTAL CHECKLIST FORM Environmental Assessment No. 95-306 Case No.: Plot Plan 95-020 Date: JUNE 29,1995 Name of Proponent: CHARLES L. MARTIN, ARCHITECT Address: 73-733 Highway, Palm Desert, CA 92260 Phone: 619-346-4090 Agency Requiring Checklist: CITY OF LA QUINTA Project Name (if applicable): HARRIS BED & BREAKFAST - "TWO ANGELS INN" CITY OF LA QUINTA Community Development Department 341 78-495 Calle Tampico La Quinta, California 92253 033 • II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing X Biological Resources Utilities X Earth Resources Energy and Mineral Resources Aesthetics Water Risk of Upset and Human Health Cultural Resources Air Quality Noise Recreation r] Mandatory Findings of Significance III. DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least, 1) one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a " potentially significant impact" or "potential significant unless mitigated. " AN ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signatufe N Date v — - Printed Name and Title: LESLIE J. MOU QUAND, Associate Planner For: THE CITY OF LA QUINTA 342 12 4 r� U 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? (source #(s): b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 3.2. POPULATION AND HOUSING. Would the project: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? 3.3. EARTH AND GEOLOGY. Would the project result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? Potentially Potentially Significant Lau Than Significant Unless Significant No Impatt Mitigated Inw- Imp- X, X X X X X X X X X X X. X X X X343 13 • • Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X 3.5. AIR QUALITY. Would the project: aY Violate any air quality standard to contribute to an existing or projected air quality violations? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectional odors? Xa 344 nvass. 0 3 14 Potentially Potentially Significant less Than Significant unless Significant No Impact Mitigated Impact Impact 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses? X d) Insufficient parking capacity on site or off site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X 3.7. BIOLOGICAL RESOURCES. Would the project result in impacts to a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? X 345 • • a A Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X 3.8. ENERGY AND MINERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in a wasteful and inefficient manner? X 3.9. RISK OF UPSET/HUMAN HEALTH. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 3.10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X 3.11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X X X X X X 346 nvass. 03 -16 • _ Potentially Potentially Significant less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. UTILITIES. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X 3.13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? 3.14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious of sacred uses within the 94 X X X X X' potential impact area? X 347 nvlss. 3 9 17 0 Potentially Potentially Significant less Than Significant Unless significant No Impact Mitigated Impact Impact 3.15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks of other recreational facilities? X b) Affect existing recreational opportunities? X 4. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the Potential to degrade the quality of the environmental, substantially reduce.the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses -used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by the earlier document. c) Mitigation measures. For effects that are "potentially significant" or "potentially significant unless mitigated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 348 nvass. 4 r} 18 0 INITIAL STUDY - ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 95-306 Prepared for: Conditional Use Permit 95.020 Two Angels Inn Harold & Harriet Harris Prepared by: Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 June 29, 1995 343 &I 041 • 2 . TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Background of Environmental Review 4 1.4 Summary of Preliminary Environmental Review 4 2 PROJECT CT DESCRIPTION 4 2.1 Project Location and Environmental Setting 4 2.2 Physical Characteristics 4 2.3 Operational Characteristics 4 2.4 Objectives 4 2.5 Discretionary Actions 5 2.6 Related Projects 5 3 ENVIRONMENTAL ANALYSIS 5 3.1 Land Use and Planning 5 3.2 Population and Housing 6 3.3 Earth Resources 8 .3.4 Water 10 3.5 Air Quality 12 3.6 Transportation/Circulation 15 3.7 Biological Resources 16 3.8 Energy and Mineral Resources 17 3.9 Risk of Upset/Human Health 18 3.10 Noise 19 3.11 Public Services 20 3.12 Utilities 22 3.13 Aesthetics 23 3.14 Cultural Resources 24 3.15 Recreation 26 4 MANDATORY FINDINGS OF SIGNIFICANCE 28 5 EARLIER ANALYSIS 27 350 o4.? 20 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW An application from Harold and Harriet Harris was submitted to the City of La Quinta's Community Development Department for review and approval of a proposed bed and breakfast establishment. The project site is within the Lake La Quinta development. The proposed project site is one acre in size with proposed buildings to cover 9,760 square feet, hardscape to cover 7,100 square feet, and landscaping to cover 26,700 square feet of the site. The buildings will consist of a two-story building with nine suites and an attached caretakers residence, and a detached duplex guest cottage. The Inn will feature on the first floor, five suites, a library, salon, dining room, laundry, office, and kitchen. On the second floor there will be four suites. Most of the suites have a fire place and bathroom. Second floor suites will have a balcony. The height of the building will be 26 ' 6". A metal roof is proposed. Exterior materials will be stucco walls and field stone wainscoting. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). A lead agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead Agency, has the authority to oversee the environmental review and to approve the proposed development. 1.2 PURPOSE Of THE INITIAL STUDY As part of the environmental review for the proposed bed and breakfast inn, the City of La Quinta Community Development Department has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent review for the proposed inn. The purposes of the Initial Study, as stated in Section 15063 of the CEQA Guidelines, include the following: To provide the City with information to use as the basis for deciding whether to prepare an environmental impact report (EIR) or a Negative Declaration for the inn project; To enable the applicant or the City of La Quinta to modify the project, mitigating adverse effects before an EIR id prepared, thereby enabling the project to qualify for a mitigated negative declaration of environmental impact. To assist the preparation of an EIR, should one be required, by focusing the analysis on those that will be adversely impacted by the proposed project; To facilitate environmental review early in the design of the project; To provide documentation for the findings in a negative declaration that the project will not have a significant effect on the environment; To eliminate unnecessary EIR's; and 351 21 042 • r 4 J To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed inn was deemed subject to the environmental review requirements of CEQA. The Environmental Officer for the Community Development Department prepared this Initial Study and addendum for review and certification by the Planning Commission of the City of La Quinta. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is little potential for adverse environmental impacts. Mitigation measures have been recommended in a Mitigation Monitoring Plan (MMP) which will reduce potential impacts to insignificant levels. As a result, a Mitigated Negative Declaration of Environmental Impact will be recommended for this project. The preparation of an EIR will not be necessary. SECTION 2: PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by the City of Palm Desert and Riverside County, and federal and county lands to the south. The City of La Quinta was incorporated in 1982. The proposed Two Angels Inn is located within the Lake La Quinta development, east of Washington Street, between Avenues 47 and 48. The project site is a one acre parcel in a commercially zoned corridor adjacent to existing and vacant residential properties. 2.2 PHYSICAL CHARACTERISTICS The proposed inn will consist of 9,760 square feet of building area containing a caretakers residence and nine suites, plus a duplex cottage. The parcel is relatively flat as it has been leveled through previous mass grading activities. 2.3 OPERATIONAL CHARACTERISTICS The proposed inn will provide lodging for visitors to the community. Caretakers will reside on site. Employee housing is not proposed. The proposed inn will function as a normal bed and breakfast inn. 2.4 OBJECTIVES The objectives of the proposed inn are to construct a for•profit bed and breakfast as a private enterprise for the applicant. 352 22 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency (for this project, the government agency is the City of La Quinta) that calls for the exercise of judgment in deciding whether to approve a project. The proposed project will require discretionary approval from the Planning Commission for the following: " Approval of Conditional Use Permit 95-020 " Certificationof the Environmental Assessment for the project 2.6 RELATED PROJECTS There are no direct current projects related to the proposed inn. However, the project site is within the Lake la Quinta development that is still under construction. SECTION 3: ENVIRONMENTAL ASSESSMENT This section analyzes the potential environmental impacts associated with the development of the proposed bed and breakfast inn, to be called Two Angels Inn. CEQA issue areas are evaluated in this addendum as contained in the Initial Study Checklist. Under each checklist item, the environmental setting is discussed, including a description of conditions as they presently exist within the City and the areas affected by the proposed project. Thresholds for significance are defined either by standards adopted by responsible or trustee agencies or by referring to criteria in CEQA - Appendix G. 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both plant and animal life. Topographical relief ranges from -237 feet below mean sea level (msl) to about 2,000 feet,above msl. The valley is surrounded by the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains, and the San Bernardino Mountains. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The proposed project site is located east of Washington Street, south of Lake La Quinta Drive, on the east side of Caleo Bay Drive. The project site is within the central portion of the City. There are existing single family homes nearby within the Lake La Quinta development. There are also vacant residential areas within the development. A. Would the project conflict with the general plan designation or zoning? 353 23 t�4> • 0 6 a No Impact. The proposed project is within the Mixed Regional Commercial land use designation and within the Commercial Scenic (C-P-S) zone. The proposed inn is permitted within these designations, thus there is no land use or zoning conflict. B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this project. The primary environmental plans and policies related to development of the inn are identified in the La Quinta General Plan, the La Quinta Master Environmental Assessment (LQMEA), and the Lake La Quinta development approvals. The project site is within Redevelopment Area #2, which includes the northern portion of the City. The redevelopment plan for the City relies upon the General Plan to indicate the location and extent of permitted development. As a result, the development of the inn is also consistent with the adopted Redevelopment Plan. The development of the inn will not exceed the development standards contained in the City's General Plan and Zoning Ordinance. C. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. Former agricultural lands are located on the project site. The project site is part of the former Burkett homestead. However, the land has not been farmed since it was sold for the development of Lake La Quinta. No impact an agricultural resources or operations will result from the proposed inn project. (Sources: La Quinta General Plan; Zoning Ordinance; Site Survey) D. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. The project site will be developed with a 9,760 square foot inn structure and duplex cottage as permitted by an approved Conditional Use Permit for land use and architectural review. The future inn will not affect the physical arrangement of existing neighborhoods or other types of development in the northern area of the City. (Sources: Site Survey; Project Plans; Aerial photographs of the City) 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making it the second fastest growing city in the Coachella Valley. The number of permanent residents blossomed from 4,992 to 11,215. La Quinta's share of the entire valley population increased from 3.7%, in 1980, to 5.1 % in 1990. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the ?Coachella Valley Association of Governments (CVAG►. The City's population as of January 1994, is estimated by the State Department of Finance, to be 16,634 persons. This is an increase of 208% in the last ten years. In addition to permanent residents, the City has 354 2A V4 • • 7 approximately 8,000 seasonal residents who spend three to six months in La Quinta. It is estimated that 30% of all housing units in the City are used by seasonal residents. The average occupancy is 2.5 persons per unit. The housing stock as of 1993, is listed at 7,755 single family units, 481 multi -family units, and 247 mobile homes, for a total of 8,483 units. Ethnicity information form the 1980 Census, for the area that is now the City of La Quinta revealed that 80% of the La Quinta resident population as caucasian, 14.7% as Hispanic, 2.3% as Afro-American, 1.1 % as Asian, and .5% as Native American. The results of the 1990 Census show a mix of 70% Caucasian, 26% Hispanic, 1.6% Afro-American, 1.5% Asian, and 1.0% Native American. The most current information available on employment of residents of the City is from the 1980 Census. In 1980, almost 57% of the La Quinta workforce worked at white collar jobs, whole 43% were in blue collar occupations. The major employers in the City include the La Quinta hotel and Resort, PGA West, Uon's, Ralph's, Simon Motors, WalMart, Albertson's, and the City of La Quinta. Local Environmental Setting The proposed project site is within a partially developed residential project known as Lake La Quinta. The project site is within a commercial portion of this development. The land is vacant and has been rough graded at the time the development was begun. A. Would the project cumulatively exceed official regional or local population projections? No Impact. The proposed inn will result in one new permanent residential unit. Temporary construction jobs will be created if the project is built. New jobs related to the operation of the future inn will also be created. Groundskeepers and housekeepers will be employed at the inn. B. Would the project induce substantial growth in an area either directly or indirectly (e.g. . through projects in an undeveloped area or extension of major infrastructure)? No'lmpact. The proposed inn will provide lodging facilities in the City. This will attract tourists to the area which will result in additional bed tax paid to the City. It is not anticipated that additional development will result directly from the construction of the inn. C. Would the project displace existing housing, especially affordable housing? No Impact. There are no housing units on the proposed project site. There are, however, homes located within the same development of Lake La Quinta. The proposed inn will be constructed with private funds. (Source: Site Survey; Application) 355 , 25 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a varied topography, from gently sloping alluvial fans, steep hillsides, to relatively flat desert floor. The alluvial soils that make up most of the City's soil types are underlain by igneous - metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the Valley floor are made up of very fine grain unconsolidated silty sands. Local Environmental Setting The area where the project is proposed is a partially developed residential and commercial project. A review of historical aerial photographs indicates that the site has always been vacant. The elevation of the inn site is approximately 60 feet above msl. There have been no recorded seismic activity from the nearby inferred faults. However, the City lies within a seismically active region of Southern California. Faults in the area include the San Andreas fault located several miles to the north of the City. Faults within the City include two inferred faults transecting the southern section of La Quinta. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. There are two inferred faults in the southern area of the City One of the faults is located approximately 2,500 feet to the east of the inn site. The other inferred fault line is located over three miles to the south. There faults are considered potentially active, although no activity has been recorded from them for the last 10,000 years. A major earthquake along the fault would be capable of generating seismic hazards and strong groundshaking effects in the immediate area. None of the inferred faults in La Quinta have been placed in an Alquist•Priolo Special Studies Zone. thus, no fault rupture hazard is anticipated near the faults. (Source: Riverside County Comprehensive General Plan; City of La Quinta General Plan; La Quinta Master Environmental Assessment) B. Would the project result in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. The proposed inn project will be subject to groundshaking hazards from regional and local earthquake events. The proposed project will bring people to the site who will be subject to these hazards. The project site is within Groundshaking Zone III. The lodging facilities will be required to be constructed to meet current seismic standards to reduce the risk of structural collapse. C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? Less Than Significant Impact. The proposed inn project is not anticipated to be subject to ground failure hazards from earthquake or other events. The La Quinta General Plan indicates that the project site is not within a recognized liquefaction hazard area. The majority of the City has a very low liquefaction susceptibility due to the fact that ground water levels are generally at least 100 feet below the ground surface. 4M (1148 26 D. Would the project result in or expose people to potential impacts involving seismicity: seiche or tsunami or volcanic hazard? No Impact. The City is located inland from the Pacific Ocean, with mountains ranges in-between the ocean and the desert valley. Tsunamis would not impact the desert in any known way. Seiches and volcanic activity is not known of in the desert. E.. Would the project result in or expose people to potential impacts involving landslides or mudslides? No Impact. The project site is located in the open desert area, away from the hillsides. Thus, the project would not be impacted by potential mudslides or landslides. F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Less than Significant Impact. The proposed inn will require some excavation and trenching for utility lines. Hazard barricades shall be placed around excavation sites to warn of open construction activities. G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less than Significant Impact. The project site is not located in an area which is considered to have a subsidence hazard, according to the La Quinta MEA. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground. (Source: La Quinta MEA) H. Would the project result I or expose people to potential impacts involving expansive soils? Less Than Significant Impact. The underlying soils on the project site consist of Coachella fine sandy loam (CsA). CsA soil has a medium runoff characteristic, slight erosion hazard, moderate blowsand potential, and low shrink/swell potential. (Source: Soil Survey of Riverside County, California- Coachella Valley Area) I. Would the project result in or expose people to potential impacts involving unique geologic or physical features? No Impact. The Coral Reef Mountains and the Santa Rosa Mountains represent unique features in the La Quinta area. These unique geologic features are not located within the project site or near enough to the project to be affected by the proposed inn project. (Source: U.S.G.S. La Quinta Quad Map) 357 27 (14 9 • • 10 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layer of rock material) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. la Quinta is located above the Coachella Valley Groundwater Basin which is the major supply of water for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via thirteen wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower thermal subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy Ranch, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water supplies are also augmented with surface water from the Colorado River transported via the Coachella Canal The quality of water in the City is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use -of septic tanks in the Cove area affect groundwater quality. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet are considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be a requirement in the near future. Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in Lake Cahuilla, a reservoir; lakes in private development which are comprised of canal water and/or untreated groundwater; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which results in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the run off flowing in the intermittent streams that drain the mountain watersheds. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls total dissolved solids (TDS) an increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta is participating in the completion of permitting requirements for a valley - wide permit. Local Environmental Setting The proposed inn site does not have any standing water on it, but is located very near the man-made lake in the Lake La Quinta development. A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? 358 (�5 28 • • 11 Less Than Significant Impact. The proposed project will not require additional drainage facilities. There is an existing drainage system for the Lake La Quinta development that directs runoff into the lake. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less than Significant Impact. The site is not within a designated flood plain zone. (Source:.La Quinta M EA) C. Would the project result in discharge into surface waters or other alteration of surface water quality )e.g. temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. Runoff from the project site will be directed to the existing drainage system within the Lake La Quinta development. D. Would the project result in changes in the amount of surface water in any water body? Less Than significant Impact. Storm water runoff will be directed into the existing drainage system which consist of the lake within the development. E. Would the project result in changes in currents, or the course or direction of water movements? No Impact. There are no substantial bodies of water within the City of La Quinta. There are, however, many small ponds and lakes on private golf courses. The Whitewater River and the La Quinta Evacuation Channel are stormwater channels that are usually dry except for runoff from seasonal storms. Would the project result in changes in quantity of groundwaters, either through direct additions or withdrawl, or through interception of an aquifer by cuts or by excavations? No Impact. Water supply in the City is derived from groundwater and supplementary water brought in from the Colorado River. Development of the inn will result in the consumption of 1,650 gals./day of water. (Source: Utiligen) G. Would the project result in altered direction or rate of flow of groundwater? No Impact. The proposed project will not have a significant effect on groundwater wells. It is not anticipated that there will be any alteration to the direction or rate of flow of the groundwater supply. No wells are proposed for the project. H. Would the project result in impacts to groundwater quality? 359 29 • • 12 . Less Than Significant Impact. The proposed inn will result in additional paving. during the construction of the building foundations and the parking lot. This new pavement will reduce the absorption ability of the ground. Stormwater runoff will be directed into the existing drainage system as well as into a small on -site retention basin that is required as a condition of approval. 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular the Southeast Desert Air Basin (SEDAB). SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). A discussion of the jurisdictional organization and requirements is found in the La Quinta MEA. The air quality in the Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the California Air Resources Board and the U.S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air quality at over 32 monitoring stations in and around the Basin. According to the ' 989 South Coast Air Quality management Plan, SEDAB experiences poor air quality, but to a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter. In the Coachella Valley, the standards for PM 10 are frequently exceeded. PM 10 is particulate matter that is 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the lower Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City of La Quinta is subject to the SCAQMD AQMP, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. The City is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs and the other in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulate matter since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate matter and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? 360' V5 30 13 Less Than Significant Impact. There will be some pollutants generated as a result of vehicular traffic during the construction and operation of the inn. According to the SCAQMD CEQA Air Quality Handbook, Table 6.2, the proposed project best fits with the Resort Hotel category under the Commercial land use threshold of 193 rooms. Thus, there is minimal impact. Projects that exceed the Air District thresholds with daily operation -related emissions (averaged over a 7- day week) are considered to be significant. Calculations were made for the proposed inn. A 180•day construction period was assumed for the following short term construction impacts: ROG 2.3lbs.lday Nox 33.1lbs.1day CO 7.2lbs.Iday PM10 2.4lbs.lday Long Term Mobile Emission consist of the following: ROG 2.9lbs.lday Nox 0.7lbs.lday CO 22.8lbs.Iday PM 10 0.2 Ibs.lday Long Term Emissions consist of the following: ROG 2.9lbs.Iday Nox 0.9lbs.1day CO 22.8lbs.1day PM 10 0.2 Ibs.lday SEDAB Thresholds: ROG 75lbs.lday Nox 100lbs.1day CO 550lbs.1day PM 10 150 Ibs.lday Difference : Project and SEDAB Thresholds: ROG 72.1lbs.lday Nox 99.1lbs.lday CO 527.2lbs.lday PM 10 149.8 Ibs.Iday Percent Over Thresholds: 361 31 �Jn • 14 ROG 3.8% Nox 0.9% CO 4.1 % PM10 0.2% The screening analysis indicates that there will be minimal impact to air quality from the construction and operation of the proposed inn. No further study on air quality issues is warranted. B. Would the project expose sensitive receptors to pollutants? Less than Significant Impact. Sensitive Receptors include schools, day care centers, parks and recreation areas, medical facilities, rest homes, and other land uses that include concentrations of individuals recognized as exhibiting particular sensitivity to air pollution. The adjacent land uses consist of residential and golf development to the immediate north and east, with scattered homes with the Lake a La Quinta project. There is vacant commercially -zoned property to the adjacent north and south, and west of the project site. The closest schools are Truman Elementary and La Quinta Middle School, both located near the northwest corner of the intersection of Avenue 50 and Park Avenue. The closest existing park is the Village park located in the Cove area, southwest of the inn site. The closest known day care center is the YMCA preschool located adjacent to Truman Elementary School. The closest medical facility is a doctors office located on Calle Tampico, near Washington Street, over a mile from the project site. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? No Impact. The proposed inn is not anticipated to result in any significant impact upon this issue area. The proposed inn .will be required to comply with setback and height requirements of the C-P-S zone. The mass of the proposed structures will not be large enough to block air movement, or effect climatic moisture or temperature. Landscaping of the project site will have dense plantings of a variety of plant species. The City requires that landscaping comply with the water conservation requirements of the landscape ordinance, and the requirements of the Coachella Valley Water District water management policies. 0. Would the project create objectionable odors? No Impact. The proposed inn project is not anticipated to create any objectionable odors. Food preparation will be done in the inn's kitchen and served in the dining room. There could be noticeable odors from cooking activities emanating from the kitchen. Odors from vehicle exhaust emissions could also be noticeable from the inn's parking lot or the adjacent streets. These odors, if detectable at all, will not be significant enough to require any type of mitigation measure. 36.2 054 32 • • 15 3.6 TRANSPORTATIONICIRCULATION Regional Environmental Setting La Quinta is a desert community of over 16,000 permanent residents. There is a substantial portion of the City .that is undeveloped. The existing circulation system is a combination of early roadwork constructed by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jefferson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in LA Quinta experience considerable seasonal variation, with the late -winter, early spring months representing the peak tourist season and highest traffic volumes. Existing transit service for La Quinta is limited to three regional fixed -route bus routes operated by Sunline Transit Agency. One bus route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west. Two lines operated along Highway 111 serving trips between La Quinta and other communities in the desert. There are some existing pedestrian, bicycle and equestrian facilities in La Quinta, however, these systems are to be completed as new developments are constructed in the City. Local Environmental Setting The project site is within the partially developed Lake La Quinta project. The project site is located immediately south"of the entrance to the development on Caleo Bay Drive. The development has a series of existing private streets, except for Caleo Bay, which is a public street with a pavement width of 40 feet. A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed inn is projected to serve as many as 22 guests (11 rooms x 2 per room) on a single day. This number of guests would generate 88 vehicle trips per day. Morning peak trips are calculated at 4 and evening peak trips at 6. (Source: Trips) B. Would the project result in hazards to safety from design features (e.g. sharp curves or dangerous intersection) or incompatible uses (e.g. farm equipment)? No Impact. There are currently no hazards from design features of the existing roadway or the proposed project. The proposed inn does not include any new roadways or the alteration of any existing roadways. Thus, there are no obvious design hazards associated with the proposed project. C. Would the project result in inadequate emergency access to nearby uses? No Impact. The proposed inn will not obstruct emergency access to the surrounding development or area. (Source: Site Plan) D. Would the project result in insufficient parking capacity on -site or off -site? 363 33 055 0 16 No Impact. A total of 18 parking spaces are proposed for the inn. This number complies with that required by the Off -Street Parking Ordinance. E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. The proposed inn will not interfere with the existing alternative transportation modes and facilities or create new modes or facilities. (Source: Site Plan) G. Would the project result in rail, waterborne, or air traffic impacts? No Impact. There is no rail service in the City of La Quinta. The closest rail road tracks are located north of the City on the north side of Interstate 10. There are no navigable rivers or waterways, or air travel lanes within the City limits. Thus, there will be no impacts upon these issues. 3.7 BIOLOGICAL RESOURCES Regional Environmental Setting The City of La Quinta lies within the Colorado Desert. Two ecosystems are found within the City: the Sonoran Desert Scrub and the Desert Transition. The disturbed environments are classified as urban or agricultural. A discussion of these ecosystems is found in the La Quinta Master Environmental Assessment. Local Environmental Setting The project site is located within the Sonoran Desert Scrub ecosystem. Typically, undeveloped land in this environment is rich in biological resources and habitat. This ecosystem is the most typical environment in the Coachella Valley. It is generally categorized as containing plants which have the ability to economize water use, go dormant during periods of drought, or both. Cacti are very common in these areas due to their ability to store water. Other plants root deeply and draw water from considerable depths. The variations of desert vegetation result from differences in the availability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. The Sonoran Scrub areas are considered habitat for a number of small mammals and birds. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in this environment. The black -railed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. The largest mammal found in this area is the Peninsular Big Horn sheep which are found at the higher elevation of the Santa Rosa and'San Jacinto Mountain ranges. Birds and amphibiansireptiles can also be found in the Sonoran Scrub area. 364 056 34 • • 17 The project site is within a partially developed residential and commercial specific plan development. The entire site has been mass graded. Streets improvements have been completed. The La Quinta MEA indicates that the vicinity of the project site is within the traditional habitat of the Blacktailed Gnatcatcher bird. There is no existing habitat left in the development to impact. A. Would the project result in impacts to endangered, threatened, or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potentially Significant Unless Mitigated. The proposed project site has been disturbed by mass and fine grading activities in the recent past, during the development of Lake La Quinta project. There is no natural habitat left on the project site. (Source: Site Survey) B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish & Game or the U.S. Fish & Wildlife Service. (Source: La Quinta MEA; Site Survey) C. Would the project result in impacts to locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? No Impact. There are locally designated natural communities found on or near the project site. Surrounding land uses include golf course, single family homes, and vacant land. D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no natural wetlands, marshes, riparian communities, or vernal pools within the City. There is a man-made lake in the Lake La Quinta development. (Source: Site Survey) E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. There are no recognized wildlife corridors within the project area. (Source: La Quinta MEA) 3.8 ENERGY AND MINERAL RESOURCES Regional Environments/ Setting The City of La Quinta contains both area of insignificant and significant Mineral Aggregate Resources Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in -the City come from the Imperial Irrigation District (IID), Southern California Gas Company, and gasoline companies. Local Environmental Setting 365 35 057 • • 18 There are no oil wells or other fuel or energy producing resources on the proposed project site. The project site is located within MRZ-1, a designation for areas where there is no significant resources present. A. Would the project conflict with adopted energy conservation plans? No Impact. The City of La Quinta does not have an adopted energy plan. However, the City does have a Transportation Demand Management Ordinance in place that focuses on the conservation of fuel. The Housing Element contains requirements for efficiency in housing construction and materials, thus reducing energy consumption. The proposed inn project will be required to meet Title 24 energy requirements in its design and construction. No other mitigation is required or feasible for this project. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less than significant Impact. Natural resources that may be used by this project include air, mineral, water, sand and gravel, timber, energy, metals, and other resources needed for construction. Any landscaping will also be required to comply with the landscape water conservation ordinance as well as the .requirements of the Coachella Valley Water District. for water management. 3.9 RISK OF UPSETIHUMAN HEALTH Regional Environmental Setting Recent growth pressure has dramatically increased the ?City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not yet located within La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County. Transportation of such materials out of and through La Quinta takes place. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste Management Plans and Facility Siting Procedures, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project site has not been used for any type of manufacturing or industry in the recorded past. A. Would the project involve a risk of accidental explosion or release of hazardous substances (including, but not limited to , oil, pesticides, chemicals, or radiation)? No Impact. There is only minimal risk from cleaning chemicals and compounds used in the maintenance of the inn's facilities. No other risks have'been identified or are anticipated. B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? 366 058 36 • • 19 No Impact. Construction and excavation activities will be confined to the proposed project site, except for minimal of -site work , such as driveway approaches. These activities will not interfere with emergency responses to the development or the surrounding areas nor will it obstruct emergency evacuation of the area. C. Would the project involve the creation of any health hazard or potential health hazard? No Impact. There are no anticipated health hazards associated with the proposed inn. 0. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There are no existing health hazards on the proposed project site. The proposed inn is not expected to create any health hazards, as long a OSHA and County Health Department safety regulations are followed by employees and guests. The inn will be required to conform to zoning standards and all applicable health and safety codes in the construction of the facility. E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? No Impact. The proposed project site is a vacant parcel with very little vegetation on it. There is minimal risk of fire hazard. 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources in and near the City. The major sources include vehicular noise on City streets and Highway 111, and temporary construction noises. The ambient noise levels are dominated by vehicular noise along the highway and major arterials. Local Environmental Setting The ambient noise level at the project site is dominated by vehicular traffic noise from Washington Street, the closest major arterial. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The nearest residential use is located within the Lake La Quinta development. A. Would the project result in increases in existing noise levels? Less Than Significant Impact. Any increase in vehicular noise resulting from the development of the proposed inn is anticipated to be insignificant. The existing (1992) noise levels fro the project area range between 50 and 60 dBA. Staff has determined that the proposed in is most compatible with the Hotel/Motel land use category in Table 6.3 of the La Quinta MEA. Table 6.3, Land Use Compatibility for Community Noise Equivalent levels (CNEL), indicates that this land use has a normally acceptable noise range of 65 to 70 dBA, and that above this range is unacceptable. In order for the inn to have a less than 367 059 37 • 20 significant noise impact, the operational noise levels will not be able to exceed 70 dBAICNEL. Construction materials and design should take noise containment and reduction into account for the inn and cottage. B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The La Quinta General Plan regulates excessive noise and vibration in the City by establishing allowable noise levels for various land uses. Hotelimotel land uses should have a maximum exterior noise level of up to 70 dBA. If the ambient noise level is higher than this standard, then the higher level will serve as the standard. The proposed project will result in short-term noise impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. The Municipal Code regulates construction hours to which the developericontractor must comply. (Source: La Quinta General Plan; La Quinta Municipal Code) 3.11 PUBLIC SERVICES Regional Environmental Setting Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriff's Department extends service to the City from existing facilities located in the City of Indio. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in the City at buildout. Based on this standard, the City is currently underserved. Fire protection services are provided to the City by Riverside County Fire Department. The Fire Department administers two stations in the City: Station #32 on Old Avenue 52, at Ave. Bermudas, and Station #70, St. the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections; plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved. the Fire Department has indicated that a need exists for a third fire station in the northern part of the City between Washington Street and Jefferson Street. Structural fires and fires from other man-made features are the most significant fire threats in the City. Hillside and brush fires are minimal as the hillside areas are barren of heavy vegetation and the scattered brush on the valley floor is too sparse to pose a serious fire threat. Desert Sands Unified School District and Coachella Valley Unified School District serve the City. there is one elementary school, one middle school, and one high school with the City. These schools are with the Desert Sands Unified School District. The City is also within the College of the Desert Community College District. Library services are provided by the Riverside County Library System with a branch library located in the Village are of the City. The existing library opened in 1988 and contains 2,065 square feet of space and approximately 18,000 volumes. the County unadopted planning standards are 0.5 square feet per capita 368 38 �60 • • 21 and 1.2 volumes per capita to forecast future facility requirements. Utilizing these standards, in 1992, the City was underserved in space but overserved in terms of volumes. Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility located in the Plaza La Quinta Shopping Center. The Eisenhower Immediate Care Facility is a satellite clinic of the Eisenhower Medical Center, located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic services are provided by Springs Ambulance Service. Local Environments/ Setting The nearest fir station to the project is Station #32, located approximately 2 miles south. Governmental services in La Quinta are provided by City staff at the Civic Center and by County, State, and federal agency offices in the desert and region. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. The construction of the proposed inn will increase the need for fire protection due to the addition of additional square footage of structure. The development shall comply with the fire flow and fire safety building standards of the Riverside County Fire Code to prevent fire hazard on - site and to minimize the need for fire protection services. Unobstructed fire access will be required. Other code requirements (such as fire sprinkler systems, construction materials, etc.) will be required. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriff's Department responded with comments on this project. They had no negative comment and stated that the project will not significantly impact the Sheriff's Department's ability to provide services. Ample exterior and address lighting is requested by the Department. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Less than Significant Impact. The proposed project will be subject to payment of school impact fees to mitigate potential impacts on local schools. This fee is payable prior to issuance of building permit. D. Would the project have an effect upon, or result in a need for new or altered governmental services in relation to the maintenance of public facilities including roads? Less Than significant Impact. The roadways within Lake La Quinta are privately owned and maintained, except for Caleo Bay Drive, which is publicly owned and maintained. Only routine maintenance is the roadway is anticipated to be necessary. 369 061 39 • • 22 E.. Would the project have an effect upon, or result in a need for new or altered governmental services to relation to other governmental services? Less Than Significant Impact. Building, engineering, planning, inspection , code enforcement, and business license services provided by the City will be partially offset by application fees charged to the applicant. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and the Southern California Gas Company (SCG) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substation in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone series for the City. Colony CableVision services the area for cable television service. The Coachella Valley Water District (CVWD) provides water service to the city. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from 13 wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located in the city. The City's stormwater drainage system is administered by the CVWD., which maintains and operates a comprehensive system to collect and transport flows through the City. The City ids served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting There is an existing storm drainage system in place at the resort complex. Runoff is directed to the man- made lake for retention and absorption. All utilities exist at the project site. A. Would the project result in a need for new systems, or substantial alterations to power and gas services? Less Than significant Impact. Power, sewer, and gas lines have been brought in to the Lake La Quinta development. The proposed inn will require hook-ups to water, sewer, natural gas, and electricity. The projected electrical consumption has been calculated to be 283 kWH per day. Natural gas consumption is calculated at 1,541 cubic feet per day. (Source: Utiligen) B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less than Significant Impact. The proposed inn will require service from GTE for telephone communication. It is anticipated that an internal communication system will be installed in the inn. 370 062 40 • 23 C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less than significant. Impact. The proposed inn will require water service. It is not anticipated that the project will result in any significant adverse impact on local water resources. Water consumption is calculated at 1,650 gallons per day for the project operations. (Source: Utiligen) D. Would the project result in a need for new systems, or substantial alteration to sewer services or septic tanks? Less than Significant Impact. The proposed inn will generate sewage which will have to be transported and treated by CVWD. The developer will be responsible for the cost of connection to the sewer system. Sewage generation is calculated at 1,375 gallons per day for the project operations. (Source: Utiligen) E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less Than Significant Impact. The project site is currently a vacant graded parcel. There will be pavement placed for the parking lot and structural foundations placed for the proposed buildings. Hardscape will consist of walkways and driveways. There will be extensive landscaping of the grounds. Nuisance water will be required to be retained on site. There is an existing storm drainage system within the Lake la Quinta project which is designed to route stormwater runoff into the lake. That system will serve this proposed project. F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less than Significant Impact. The proposed inn will require solid waste disposal service from Waste Management of the Desert. or other purveyor of this service. Solid waste may be transported to the three existing landfills in the Coachella Valley. these landfills are reaching capacity and may be closed in the near future. Any on -site programs for recycling will be coordinated with Waste Management. Solid waste generation for this project is calculated at 22 pounds per day. (Source: La Quinta General Plan; Utiligen) 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within desert valley cove. There are hillside to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. The project is located in a partially developed residential and commercial project in the northern portion of the City. The proposed height of.the inn will not exceed that permitted by the C-P-S zone. The new structures will not adversely impact scenic, vistas. 371 06r) 41 • • 124 B. Would the project have a demonstrable negative aesthetic effect? No Impact. The proposed inn will be required to comply with architectural and landscaping policies and ordinances of the City. Thus, there should not be a significant adverse impact upon the aesthetic qualities of the surrounding area. C. Would the project create light or glare? Less than Significant Impact.. The anticipated development of the bed and breakfast inn will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare emanating from the Lake La Quinta development. All lighting fixtures shall be required to comply with the Dark Sky Ordinance and other current policies of the City concerning lighting issues. 3.14 CULTURAL RESOURCES Regional Environmental Setting The history of the La Quinta area extends back to an era when much of the lower Coachella Valley was inundated by ancient Lake Cahuilla. Early inhabitants of the Colorado Desert were people who had begun migrating across the Bering Strait more than 20,000 years ago. As the migrations continued through time, groups of people passed through the Colorado Desert on their gradual way to Central and South America. As time passed, the Coachella Valley became home to a band of people that migrated from the Great Basin intruding upon people that were sparsely inhabiting the region. Ethnographically, these intruders are known as the Cahuilla. The Cahuilla followed a hunting and gathering life style as they lived along the ancient lakeshore and cove areas in the Coachella Valley. The archaeological record for the Cahuilla extends back approximately 2,00 years as confirmed by recent archaeological finds and dating techniques. The Cahuilla were divided into three geographic areas, the Western or Pass Cahuilla within the Agua Caliente (Palm Springs)'area, the Desert Cahuilla (from Palm Springs east to the Salton Sea), and the Mountain Cahuilla (south to San Jacinto Peak in the San Jacinto Mountains). Traveling across boundaries to exploit seasonal resources was a part of their annual life cycle. Anthropologist, Alfred Kroeber estimated that the Cahuilla population, prior to white contact, was 2,500 individuals. This number had been reduced to about 750 by 1923. In 1540, the first European explorer, Captain Hernando de Alarcon, entered Southern California at the Yuma crossing. Approximately 100 years later, Spanish missionaries visited the area. A trail was established by the Cocomaricopa Indians across the valley in 1821 as they carried mail through the San Gorgonio Pass between Tucson and Mission San Gabriel. White settlement in the Valley did not occur to any degree until the transcontinental railroads were constructed. The construction of the railroads brought with it the technology to drill water wells deep enough to sustain settlement in the valley. The Bradshaw Trail brought in settlers and freight both before and after the construction of the railroad. The Coachella Valley was the site of the most popular 3.7 0611 42 0 • 25 immigration route to the southwest via the Southern Immigrant Trail. The Bradshaw Trail was in use until 1915 when a graded gravel road was developed for automobile travel. The settling of La Quinta area has been chronicled by the La Quinta Historical Society in several publications and museum exhibits. There are 13 designated historical structures and sites recorded on the California Historic Resources Inventory. These resources are listed in the La Quinta General Plan. La Quinta experienced rapid growth in the late 1970's which lead to incorporation of the City in 1982. The City has grown from a population of approximately 5,400 in 1982, to over 16,000 in 1995. The incorporated boundaries currently include over 31 square miles of area. Local Environmental Setting The Lake La Quinta development is located adjacent to a designated historic resource, the Burkett Ranch, located at 47-250 Washington Street. The Burkett family was one of the first pioneering families in the area. The ranch site is located between Avenue 47 and the entrance to Lake La Quinta. In addition, there are numerous prehistoric archaeological sites recorded within a one mile radius of the project site. There are several historic sites as well. A. Would the project disturb paleontological resources? No Impact. The proposed inn site is located approximately 1.75 mile west of the highest recorded shoreline of ancient Lake Cahuilla. The shoreline corresponds with the known occurrence of fossil -bearing soil strata. Thus, it is not anticipated that there are any paleontological resources present in the project area. B. Would the project disturb archaeological resources? Less than Significant Impact. The proposed project site has been surveyed for archaeological resources (ARU #1260). Although there were many archaeological sites discovered during the survey, none are located on the project site or adjacent to it. However, due to the high sensitivity for the occurrence of archaeological sites in the project area, archaeological monitoring for excavation and trenching for on -site and off -site work shall be required. It is possible that subsurface cultural deposits exist at the project site given the close proximity. of recorded archaeological sites. The requirement for such monitoring shall be made a condition of project approval. C. Would the project affect historical resources? Less than Significant Impact. The Burkett Ranch site is a designated historic site of significance in La Quinta. The proposed inn will not directly impact the ranch site, however, there could be indirect impacts from additional development around the ranch site. There is no feasible mitigation for the indirect impact upon the ranch site. 0. Would the project have the potential to cause a physical change which would affect unique cultural values? 373 6615 43 0 0 26 No Impact. There are no known unique cultural values associated with the proposed project site. Thus, there will be no impact. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known religious functions or uses on the proposed project site or adjacent to it. 3.15 RECREATION Regions/ Environments/ Setting The City of La Quinta has an adopted Parks and Recreation Master Plan that assess the existing resources and facilities and the future need of the City. The City contains approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845.0 acre regional Lake Cahuilla County Park is not included in this count as it is a county facility. There are also bike, equestrian, and pedestrian trails within the City that are designated in the General Plan. Local Environmental Setting Washington Street is a designated bikeway corridor. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Less than Significant Impact. The proposed inn project does not does not include the subdivision of land for residential units, therefore, there are no park fees required of the proposed project. Such fees were probably paid at the time the parcel was created within the Lake La Quinta development. B. Would the project affect existing recreational opportunities? No Impact. The anticipated inn will not affect any existing park or recreation facility. Lake La Quinta is designed to function as a recreation facility with boat docks for small watercraft. The inn will be near the lake shore and guests will be able to see and enjoy the lake. The inn is not anticipated to have any impact upon the lake. SECTION 4: MANOATORY.FINDINGS OF SIGNIFICANCE The Initial Study for the proposed inn could have potentially significant adverse impacts on some of the environmental issues listed in the checklist. The potential significance can be lessened to levels below significance if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines and based on the results of this.environmental assessment. 3 1 4 t�6F 44 • • 27 significance if the appropriate mitigation measures are implemented. A Mitigation Monitoring Plan (MMP) has been prepared for this project based upon this environmental assessment. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEGA Guidelines and based on the results of this environmental assessment. The proposed project will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. The proposed project will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation. The proposed project will not have impacts which are individually limited but cumulatively considerable when crossing planned or proposed development in the immediate vicinity. The proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of mitigation measures. SECTION 5: EARLIER ANALYSIS a. Earlier Analyses Used. There were no earlier analyses used in the preparation of this environmental assessment, other than the La Quinta Master Environmental Assessment. B. Impacts Adequately Addressed. Not applicable. C. Mitigation Measures. Mitigation measures are discussed in this addendum where possible. A Mitigation Monitoring Plan (MMP) has been prepared for the project that will become a part of the conditions of approval attached to the project approvals and permits. Prepared by: L4slieJJgcLMou4riqi(and Associate Planner 3�5 i6 111 I1 w H A av UU U � b o � U N z C7 WZ w0 zz o UAA 0 �a � fl 6 0 P. � C P o VOR too u 76 46 i N O C? C? o a �w U H A ¢W �w OV d W V C7 z H c� z �o �H az a� w a O aa o ° � it F PC = 37 a O U lw n ri O z v 47 Ah i H Q A V pq z ¢w av UU w ��a C7 z ao 00 o� w� C 0 Od ON a 37s 070 48 r IMF H A U pq z ¢W av UU Ri N C O. p O U eaa .o C z C O O y = y L q,� wz =a ,., o z P" a � E o a � �1 i abOC w vAr�w3 eo d ea C ai •^" O •G i, •� C U., T v� 3 cc $ 379 071 d 49 r-I r W Q A z� ¢W av U U .fl py c ;o a 0' c '•r'r U .��,, OA m U O wt U t PC z Ll Pe c� O ran oz aA Co 0 a amd o PCrA a 6 Vo a OC AU c a �HPC �A F 1.0 F COoe U Q w� 0.4 ...0 C: & L CL O ate.: 05rA �'�Wo =U v�a� E°+PC 380 0 7:?. All AdL Ask N O M VP %n O� O� gigw U W Q� A U p�q z Qw av ox UV V O C U o„•v•o�� cc z PC C V v d z a� Po 0.4 00 04 En 3 Od o .0 0. EA �,�"� 3 aPC o wcc �V �mC� W w pa PC E°•e°�'�» eh F O F A Sw 381 07?. 51 .-. W lqw Q� A z �w aU UV W a . U G7 z F wz �o zz 0 C o cn CA U a 0 � O O U � O .r n o za 3822 074 52 Ah F A dA a� aWv OU U W F a U G� F G7 z ac v� F oz w w a ° rA o H W C C 00 o za 383 07 53 pq zU dA aWv . UU � s I••�1 •y r�r {r a U � o u aVa G7 W� as �� oz a� •vC� ocE a, w aZxr�c� C Pm p y y aE c c 00 c 0-4 M O' ;SE 54 r-I r-I a Uz pq d A �WUW OU a c F � C aka ac�a y w 0 ev G7 z O E ,ate„ O w° CA W a�o ff� U y .r ~ G� .r •o c� aW � PC pni C��= z�=E cop 0-0 zo � E•� � � a d � ��v� 385 07 Alk r1 A Uz p�q d A a� av U ►�.1 y v V in o a o z o a a o� r .MMr F�1 H rn .: C� CL+ rA " > p r..� �, v.. y ;'a .y.. r Od PC 078 56 I -1 J w A V p�q A a V � WW OU a w �o U c a� � a `c. o F a E G7 .fl Cz "C wwon C s � � Ic. z o � 8 w•� '� goy W M Wz3Fv� O U� � d u o 387 079 57 AWL i---j A U p�q �A � WVW OU F r. Wot y U as rA az a w zz. �rm E E°�p8� c> CL w E PC 4 PC �., d F �• �, O rA C en y O 99 cr 2 11 08Of 58 r J r let A V pq �A a� �U U � o a � F U aW �v PC � O F Ix u G7 z as PC cc zz��a� p0„O EA o Q4� c > O� UC�Ac� w vn V y O >" 4.6 �Xv �. E a a �•y "" a G --PC` c Pa ri d O pa u E� .� •v ewe A 389 59 rI AAL �w U Now A p�q zU d W a U UV W� E� a U G7 U' z �o �H oz a� w � a W 0 0 0-0 PC •c �7 U F U � in c 390 08? 60 -,.* ".J 0 A ET 2 - C.-6 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 95-020 - HAROLD-& HARRIET HARRIS JULY 25, 1995 1. Development of this site shall be in substantial conformance with exhibits approved and contained in the file for Conditional Use Permit 95-020, unless amended by the following conditions. 2. The approved Conditional Use Permit shall be used within one year of City approval date of July 25, 1995; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction which is allowed by this approval, not including grading which is begun within the one year. Time extensions up to a total of two years may be requested pursuant to municipal code requirements. 3. An exterior lighting plan for the parking lot area and building shall be approved by the Community Development Department prior to issuance of a building permit. Lights shall be designed not to create glare onto adjacent streets and properties. 4. The project shall pay the required Arts in Public Places fee prior to issuance of a building permit. 5. Provisions shall be made to comply with the terms and requirements of the City's Adopted Infrastructure Fee Program in effect at the time of issuance of the building permit. 6. The developer shall retain a qualified archeologist immediately upon any discovery of archeological remains or artifacts during construction or grading of the site. The developer shall apply appropriate mitigation measures should archeological remains or artifacts be uncovered. 7. Recycling/trash enclosure shall be large enough to accommodate all required bins and shall comply with the requirements of the City and Waste Management of the Desert (i.e., solid metal doors mounted on poles and imbedded in concrete with an 8-inch high curb provided within the enclosure, with a concrete pad in front of the trash enclosure). Prior to issuance of building permit, the applicant shall provide written verification from Waste Management of the Desert that recycling/trash enclosure is large enough to accommodate recycling and trash bins. 391 CONAPRVL.333 4i 8. Prior to issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a grading permit. Prior to issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development' Director demonstrating compliance with those conditions which must be satisfied prior to issuance of a building permit. Prior to final occupancy, the applicant shall prepare and submit a written report demonstrating compliance with the remaining conditions of approval and all mitigation measures of a Negative Declaration. The Community Development Director may require inspection or other additional monitoring to ensure such compliance. 9. Prior to issuance of any grading or building permit, the applicant shall obtain permits and/or clearances from the following agencies: -- Fire Marshal -- Public Works Department -- Community Development Department -- Riverside County Environmental Health Department (if required) -- Desert Sands Unified School District -- Coachella Valley Water District -- Imperial Irrigation District -- Community Regional Quality Control Board (NPDES Permit) if required The applicant is responsible for any requirements of the permits or clearances from the above jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approvals and signatures on plans. Evidence of permits or clearances from the above jurisdictions shall be presented to the Building Department at the time of application for a building permit for the use contemplated herewith. 10. Upon the approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 11. All perimeter walls shall be decorative in texture and color and, if painted, shall be painted on both sides. Walls to be reviewed and approved by Community Development Department prior to issuance of building permit for wall. 12. That the sign program shall be submitted and approved by the City, prior to fabrication or installation of the signage. CONAPRVL.333 62 3.9 Z. 084. 13. The final landscaping and irrigation plans for the project shall be submitted to the Community Development Department for approval prior to issuance of a building permit. Emitter or drip irrigation shall be used wherever feasible. 14. Irrigation and landscaping shall comply with Water Conservation Ordinance 220. 15. Landscaping/berming/wall shall be provided adjacent to Caleo Bay Drive to screen parking lot surface and vehicles from view from Caleo Bay Drive. . 16.- That no "white" fountain grass shall be permitted. If fountain grass is to be used the "purple" variety shall be utilized. 17. The landscaping and irrigation plans shall be approved by the Coachella Valley Water District water specialist and Riverside County Agricultural Commissioner. 18. Site improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media and shall include grading, hardscape (curbing, paving and walkways), striping and traffic- signage including parking stalls, drainage, and landscaping including walls, fencing, irrigation and lighting. All plans shall have signature blocks for the City Engineer and are not approved for construction until they are signed. 19. Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta Municipal Code. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. Graded, but undeveloped, land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 21. The applicant shall comply with the City's flood protection ordinance. CONAPRVL.333 393 63 22. A grading plan shall be prepared by a registered civil engineer and must meet the approval of the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report for the underlying tract and shall be certified as adequate by a soils engineer or an engineering geologist. 23. Prior to issuance of any building permit the applicant shall provide a separate document bearing the seal and signature of a California registered civil engineer, geotechnical engineer, or surveyor that lists actual building pad elevations. The document shall, for each building pad in the development, state the pad elevation approved on the grading plan, the as -built elevation, and shall clearly identify the difference, if any. 24. Nuisance water from irrigation and parking lot washdown shall be retained and disposed of on site unless otherwise approved by the City Engineer. 25. In deesign of retention facilities, the soil percolation rate shall be considered to be zero unless the applicant provides site -specific data that indicates otherwise. 26. In areas where hardscape surface improvements are planned, underground utilities shall be installed prior to construction of the surface improvements. The applicant shall provide certified reports of utility trench compaction tests for approval of the City Engineer. 27. Improvement plans for all on -site hardscape and drainage improvements shall be prepared by a registered civil engineer. Improvements shall be designed and constructed in accordance with the La Quinta Municipal Code, adopted Standard Drawings, and as approved by the City Engineer. Street pavement sections shall be based on a Caltrans design procedure for a 20-year life and shall consider soil strength and anticipated traffic loading, including site and building construction traffic. The minimum pavement section shall be 3.0"/4.5". CONAPRVL.333 ali 08P 64 28. Grading, landscaping and other improvements along the Caleo Bay Drive frontage shall be designed to provide adequate vision clearance for traffic exiting the development. 29. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 30. The applicant or applicant's successors in ownership of the property shall ensure perpetual maintenance of private street and drainage facilities, landscaping, and other improvements required by these conditions. 31. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposit and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. . 32. Provide or show there exists a water system capable of delivering 1000 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 33. The required fire flow shall be available from a Super hydrant(s) (6x4" x 2-1 /2") located not less than 25' or more than 165' from any portion of the building(s) as measured along approved vehicular travel ways. 34. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 35. Install a complete fire sprinkler system per NFPA 13R. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 395 CONAPRVL.333 8''' 65 ra C • 36. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 37. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Association Standard 71. 38. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Planning & Engineering office for submittal requirements. 39. Install panic hardware exit signs as per Chapter 33 of the Uniform Building Code. 40. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 41. Install a Hood/Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 42. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of. mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 43. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices, that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 15'. 44. 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. 396 CONAPRVL.333 66 ()8V. SEP-07-99 01:13 AM TWO ANGELR INN fdap and 9{uUy 91arris La Quinta, CA 92k; e-mail wa.%V.bWft1i1e,cem'cw1W(%W8c15 7605647332 Septcmlx;r b, 1999 Mr. John Falclncr Tax Administrotor Mayor and Common Council a City of La Qui`hta ei by fax 760-777105 Dcar John and Mayor and Council, toff free 888-226-4546 fax 760-5(4 (056 We are sorry that we were not able to reschcdulc the meeting with John to review our current status as it relates to the TUT clue the City of La Quintaa from Two Angcls Inn. As you may recall we have been negotiating with Valley Independent Bank to [' improvc our tlpancial position, and as of yet we are still going through what is as 'I very slow prNoss. At the same time we have been diligently seeking out p)tcntial investors and �e have sonic meetings set for the next weeks. Busidcs this wic are strengthening our marketing efforts by engaging the services of Tim Ellis, Oresidcnt of The Lathom Management Group and current chairman of the hoard of the Convention and Visitors Bureau, and who is presently in *' England and Germany promoting tourism for our valley and Two Angels Inn. We have also been awarded for the 2nd year our AAA Four Diamond Award, And have been recognized by the travel guide published by Simon and Schuster as one i of the tad 25 Jens of California. Johaansens travel guidc (a well respected travel guidc for the United Kingdom) has invited us to be in their year 20(X) issue. ARIA Four Diamond Property i geatured in Country inns Magazine N oemberlDerember 1998 �' -07-99 01:14 AM :E . . M •F WO ANGELR INN P.031 i To further stren then our sition g � we have personally revisited the 5 major resorts in our Arca who are not. only very enthusiastic about our property but arc sharing with us their sui;cessful strategics for consistent occupancy. This has already brought us guess from referrals and over bookings. And (.)-n our own, we already have bookings pnlo the month of March. Needless to say 1' all or this takes time. And as it relates to our negotiations, it would be most helpful if we did not have to fucc a heaving at this Brie and revocation of orr conditional use permit would not serve any good purfx)sc for the City or the and would certainly undermine all the great things outlined above, . 1 7605647332 Plc<<se know that we love what we do and we do what we love and we love La Quinta, so ► the fact thatwe have not bcen able to pay the Past TUT is keeping us up at night. We have been, and continue to search for funds that we can use to clear this m:tttcl up. As we have said before, we "screwed up" on our Projected crash flows, and you can be sure it has not happened again! We thank you tor your consideration and understanding in this matter. Sincerely i Hap 1laffis e-- Holly iarris AAA Four Diamond Property 3•e.atured in Country Inns %faAazine November/December 1.998 rro. P-07-99 01:13 AM NO ANGELR INN s 7605647332 E AABed andBreakf'ast }ax 760-564-6356 Telephone 888.226-4546 i TO: - G1� d Co � irr � ti � C k n, c'i 1 Date: I t pages: �. f U No tc: AAA Sour Diamond 'Property featured in Country Inns MgBazine NPvcm.bcr1Dcccm 6cr1-9.9s www4bon tin c. com/caltwoo ngc fs T4ty,, 4 4& 4" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Receive and File a Status Report from the Chamber PUBLIC HEARING: of Commerce and Authorize Implementation of the Chamber's Contract Services Agreement for Second, Third and Fourth Quarters of Fiscal Year 1999-2000 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Chamber of Commerce requested $155,000 in funding for Fiscal Year 1999- 2000. As authorized by the City Council on July 6, the first quarter payment of $38,750 has been paid to the Chamber. Therefore, the remaining three payments would total $1 16,250. The Fiscal Year 1999-2000 Budget includes sufficient funding for this amount (Account #101-103-605-535). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the General Fund to encourage, support and promote economic development." The services provided by the Chamber of Commerce support economic development. BACKGROUND AND OVERVIEW: At the July 6, 1999 meeting, the City Council approved the first quarter of the Chamber of Commerce contract services agreement, with approval of the balance of the contract being contingent upon a review by the Council in September. The Council required that the Chamber provide a status report, a 990 tax form, and the names of the current officers and executive director. An excerpt from the July 6 meeting minutes is included as Attachment 1. The Chamber provided a copy of the 990 tax form following the July 6 meeting. The 990 form was distributed to the City Council at that time, and is included as Attachment 2. In addition, following the July 6 Council meeting, the Chamber provided names of many of the board members, which were then listed in the contract services agreement (Attachment 3). This list has been updated and is included in the Chamber's letter dated August 31, 1999 requesting that the City Council complete the funding for the Chamber of Commerce for FY 1999-2000 (Attachment 4). The letter also includes a status report by the Chamber which is submitted to the Council for consideration as a receive and file item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Receive and file a status report from the Chamber of Commerce and authorize implementation of the Chamber's Contract Services Agreement for second, third and fourth quarters of Fiscal Year 1999-2000; or 2. Do not authorize implementation of the Chamber's Contract Services Agreement for second, third and fourth quarters of Fiscal Year 1999-2000; or 3. Provide staff with alternative direction. Respectfully submitted, Linda Coyle, Managem n Analyst City Manager's Office Approved for submission by: homas P. Genovese, City Manager Attachments: 1. July 6 City Council Meeting Minutes, Excerpt 2. Form 990 3. Contract Services Agreement 4. Chamber of Commerce Letter dated August 31, 1999 401 002 City Council Minutes 5 ATTACHMENT 1 Mr. Weiss advised that there are a limited number of firms and sof packages in this field of work. The software package has been looking at is utilized primarily throughout the v e advised that the system is generally designed to be com with the City's PC -based system, but some hardware upgra ay be necessary to take advantage of Internet access. n carried unanimously. MINUTE ORDER NO. 99-89. BUSINESS SESSION 1. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 1999/2000. Ms. Coyle, Management Analyst, advised that the proposed contract with the La Quinta Chamber of Commerce for Fiscal Year 1999/2000 is for $155,000, which is 9% less than the amount they received in 1998/1999. She advised that approval of the agreement will include approval of the one-year lease extension for the Chamber of Commerce office on Avenida Bermudas, and that sufficient funding has been allocated for the Chamber's request. Pat Cross, 78-570 Saguaro, of the La Quinta Chamber of Commerce, advised that their programs are in place, and that they're ready to go. Council Member Adolph asked if the Chamber is planning to replace the positions previously held by Doug Yavanian and Karen Levish as soon as possible. Ms. Cross advised that they're looking at 'several alternatives, including an interim director, and will have them in place very quickly. They're confident that the Chamber will continue as it has in the past. C juncil Member Henderson stated that she supports the contract and proposed ,programs that Council has previously discussed, but noted that Council just approved two contracts that have a clause that is similar to the Chamber's contract (4.0 and 4.1 - Coordination of Work and Representative of Contractor). She recommended approving the contract with a condition that the second payment to the Chamber be contingent upon the Chamber returning with the information requested in that section, and suggested giving them up to three months to complete the information. 402 City Council Minutes 6 July 6, 1999 Ms. Cross advised that the Vice Chair positions are held by herself, Marguerite Olson, and Ian Helmstadter, and that they expect to fill the Senior Vice Chair soon. Audrey Ostrowsky, P. O. Box 351, felt it's imperative that the Chamber of Commerce have a list of the downtown property owners. Council Member Sniff stated that he's always been a strong supporter of the Chamber, but was somewhat disappointed about the number of personnel changes taking place at the Chamber without any real notification to the Council, even though they've had several opportunities to do so. He didn't feel that the state of transition that the Chamber is in would be fully defined for sometime, and wasn't sure that they've firmly decided on which way they're going. Therefore, he basically supported Council Member Henderson's recommendation, and wished to see the contract approved contingent upon a report and review in September. Mayor Pena noted that the contract also has a 30-day notice under the termination clause. Council Member Perkins advised that he, too, was disappointed that the Chamber hadn't notified the Council about the personnel changes. He agreed that they're.going through a transition period, but supported the contract, and was confident that they will accomplish their programs to the City's gatisfaction. Ms. Cross advised that they were also surprised at the changes, and only found out shortly before the Council because Mr. Yavanian wanted to keep it quiet until he could announce it to the Board of Directors. Council Member Henderson wished to see the 1099 tax form included in all of the requests for funding, and felt perhaps the easiest way would be to add it as a clause in the contract. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve the first quarter of the La Quinta Chamber of Commerce contract for Fiscal Year 1999/2000, with approval of the balance of the contract being contingent upon a report finalizing the information required from the Chamber of Commerce and a review by the Council in September, and with language added to require the 1099 tax form. 403 005 City Council Minutes 7 July 6, 1999 Council Member Adolph asked if the Chamber has any problem with providing the 1099 tax form, to which Ms. Cross responded no. He continued by stating that he's totally supportive of the Chamber. Motion carried unanimously. MINUTE ORDER NO. 99-90. Council Member Perkins stated that he's pleased to be able to approve the Chamber's contract without the problems that existed a few years ago. 2. CONSIDERATION OF MARKETING PLAN AND CONTRACT RVICES �GREEMENT WITH KINER/GOODSELL ADVERTISING FOR FI Al- YEAR 1 9/2000. Ms. Co e, Management Analyst, advised that the primar programs included in the pr osed Marketing Plan prepared by Kiner/G dsell Advertising are community vents, business attraction, Dine La Qu' ta, and Live La Quinta. Sufficient fun ing is included in the preliminary b get for the recommended programs, and he funding has been allocate to economic development, redevelopment, a d A6939, of which $6,500 as been allocated to recycling stickers or promoti al items for Gamby t e Quail to give to children. She advised that the AB9 budget contains 0,000 for recycling promotion, but a funding request in the mount of $ 10 00 was received from SCRAP Gallery after the staff report was repared. a amount the City has given to SCRAP Gallery for the past few ye rs is $ ,500 per year. Mayor Pena felt it would be se to add some additional funding for mailers, either for Kiner/Goodsell or he ity, to inform people about all of the street construction that's going o be ha ening this year. Council Member Perk' s wished to ma sure that the City, Kiner/Goodsell, and the Chamber are al working together an not duplicating efforts. Council Memb Adolph noted that the La C'ui to Arts Foundation has their own marketing dir ctor, and felt it's important .or th consultants to coordinate their efforts on a arts festival with them. He sugges d expanding the "Holiday in the Villa " to at least two weeks, and suggested u 'ng Gamby at the Chamber of Co erce's 5K Run and the Mayor's Cup Challe e. Motor Pena suggested using Gamby at the Christmas Nrade in Coachella as 404 MW Jul-15-99 04:39P R. Haste/M. Mendoza, CPA 760 360 1314 P.OZ ATTACHMENT 2 Form 990 Department of the Treasury Internal Revenue Service 1997 This Forme ut Operr to Public bepectfan A For the 1997 calendar yew, OR tax year period beginning 7 01 , 1997, and ending 6 3 0 .19 98 B Check if: Please C D Employeridentilkatiannrrmber ❑ Change ofaddress RS labeller 95-6053584 ❑ Inivalreturn print of LA QUINTA CHAMBER OF COMMERCE E statereyistratiohnumber ❑ 1:,nal return See P.O. BOX 255 0243659 ❑ Amended return l "' LA QUINTA, CA 92253 F Check ► 11 if exemption (required also for State reporting) tons. application ispending G Type of organization ► ® Exempt under section 501(c) ( 6 ) -4 (insert number) OR ► ❑ section 4947(a)(1) nonexempt charitable trust Note: Section 5ol(c)(3) exempt organizations and 4947(a)(1) nonexempt charitable trusts MUST attach a completed Schedule A (Form 990). H(s) Is this a group return filed for affiliates? ........................ ❑ Yes ® No I If either box In H Is checked "Yes," enter four -digit group (b) If "Yes," enter the number of affiliates for which this return is filed:. ► exemption number (GEN) ► (c) Is this a separate return filed by an organization covered by a J Accounting method: ❑ Cash 0 Accrual group rutin 7............................................ ❑ Yes ® No ❑ Other(specify) ► K Check here ► ❑ if the organization's gross receipts are normally not more than $25,000. The organizalion need not file a return with the IRS; but it it received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. Note: Form 990-EZ may be used by oroanizabons with cross receipts less than 9100.000 and total assets less than 5250_rxx) at and of vear Return of Organization Exempt From Income Tax Under section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust Note: The organization may have to use a copy of this return to satisfy state reporting requirements. Revenue, Expenses, and Changes In Net Assets or Fund Balances (See specific Instructions on page 11.) R v E N E 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ................................................. 1a b Indirect public support ............................................... lb c Government contributions (grants) ...................................... tc 141,200 d Total (add lines 1a through lc) (attach schedule of contributors) (cash $ 141,200 noncash $ ) ......... SEE . STAT.EMENT.. L . 2 Program service revenue including government lees and contracts (from Part VII, line 93) ................... 3 Membership dues and assessments............................................................ 4 Interest on savings and temporary cash investments ................................................ 5 Dividends and ingest from securities........................................................... 6a Gross rents ........................................................ 6a b Less: rental expenses ................................................ 6b c Net rental income or (loss) (subtract line 6b from line 6a)............................................. 7 Other investment income (describe ► } (A) Securities (B) Other as Gross amount from sale of assets other than inventory.... as It Less: cost or other basis and sales expenses ........... eb c Gain or (loss) (attach schedule) ..................... d Net gain or (loss) (combine line tic, columns (A) and (B))............................................ 9 Special events and activities (attach schedule) SEE STATEMENT 2 a Gross revenue (not including $ of contributions reported on line 1a).................................................. sa 92,519 It Less: direct expenses other than fundraising expenses ............... ...... 9b 60658•� c Net income or (loss) from special events (subtract line 9b from line 9a).................................. loa Gross sales of Inventory, less returns and allowances ........................ I loa 115 b Less: cost of goods sold .............................................. I lob 513 c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 1 oa)SEE. . ST. 3 ... 11 Other revenue (Mom Part YIt, line 103)........................................................... 12 Total revenue (add lines 1 d, 2. 3, 4, 5, 6c, 7, 8d, 9c, 10c. and 11)..................................... 141,200 Id 2 3 40,910 4 490 5 6c 7 ...........: ad ^=< = 31,861 9c ........... -3 98 1oc 11 29,142 12 243,205 E x P h E s 13 Program services (from line 44, column(B))....................................................... 14 Management and general (from line 44, column C180,559 9 ge())................................................ 15 Fundraising (from line 44, column (0))........................................................... 16 Payments to affiliates (attach schedule).......................................................... 17 Total expenses (add lines 16 and 44, column (A)) ................................................. 13 59,633 14 15 16 17 240,192 A E s T T s 18 Excess or (deficit) for the year (subtract line 17 from line 12) .......................................... ............................. 19 Net assets or fund balances at beginning of year (from One 73, column (A)) .................. .....I...... 20 Other changes in net assets or fund balances (attach explanation) ............ SEE . STAT.EMENT.. A.. 21 Net assets o fund balances at end of year combine lines 18, 19, and 20 ............... Ye ( ) 111 19 77 5 3 7 , 20 - 3 6 , 9 3 3 21 43,617 For Paperwork Reduction Act Notice, see page 1 of the separate Instructions. Form 990 (1997) 405 007 Jul-15-99 04:40P R. Haste/M. Mendoza, CPA 760 360 1314 P.03 Fermosoogs?) LA QUINTA CHAMBER OF COMMERCE 95-6053584 Pigs 3 � Balance Sheets (See Specific Instructions on page 18.) Note: where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (9) End of year A S S E S53 45 Cash - non -interest -bearing .................................................... 44 Savings and temporary cash investments .......................................... 47a Accounts receivable ................................... 47a 5,023 b Less: allowance for doubtful accounts ..................... 47b 48 a Pledges receivable .................................... 48a b Less: allowance for doubtful accounts ..................... I 48b 49 Grants receivable............................................................. So Receivables from officers, directors, trustees, and key employees (attach sch) .............. Sig Other notes and loans receivable (attach schedule) ........... 51a b Less: allowance for doubtful accounts ..................... I 51b 52 Inventories for sale or use ...................................................... Prepaid expenses and deferred charges ............................................ 54 Investments - securities (attach schedule) .......................................... 55 a Investments - land, buildings, and equipment: basis............................................... 55a b Less: accumulated depreciation (attach schedule) ............ 55b 54 Investments - other (attach schedule) ..................... .. ................ 57 a Land, buildings, and equipment: basis ..................... 15781 44,632 b Less: accumulated depreciation (attach schedule)STMT ..6 ... 57b 22, 7 3 0 58 Ocher assets (describe ► ) 59 Total assets (add lines 45 through 58) (mus(equal line 74) ............................ 11,669 45 23,871 12,070 45 16,277 .....::.:,. 5 , 023 47c 45C 49 50 51c 52 53 64 55c 56 53,798. 21,902 57c 5a 77,537 59 67,073 L61 A62 5 I L I T 1 E S 60 Accounts payable and accrued expenses .......................................... Grants payable............................................................... Deferred revenue............................................................. 63 Loans from officers, directors, trustees, and key employees (attach schedule) ............... 54 a Tax-exempt bond liabilities (attach schedule) ....................................... b Mortgages and other notes payable (attach schedule) ................................. 65 Other liabilities (describe ► ) 66 Told liabilities (add tines 60 through 65) . ......................................... 60 6,916 61 62 16, 540 83 64a 64b 65 0 66 23,456 M T A67 s63 i69 s o a F N D e A H c $ Organl2eitions that follow SFAS 117, check here ► and complete lines 67 through 69 and fines 73 and 74. unrestricted................................................................. Temporarily restricted.......................................................... Permanently restricted......................................................... Or9anlzaWn3 that do not follow SFAS 117, check here ► ❑ and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ....................................... 71 Paid -in or capital surplus, or land, building, and equipment fund ........................ 72 Retained earnings, endowment, accumulated income, or other funds ..................... 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal fine 21) ....................... 174 Total liabilities and net assetsrfund balances (add lines 66 and 73)..................... 77,537 43,617 67 68 69 70 71 72 17 , 5 3 7 73 43,617 1 77,537 74 67,073 Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the pubic perceives an organization in such cases may be determined by the Information presented on Its return. Therefore, please make sure the return Is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. M l ii Jul-15-99 04:41P R. Haste/M. Mendoza, CPA 760 360 1314 P.04 Form 900(199n LA QUiNTA CHAMBER OF COMMERCE 95-6053584 Page 4 tlirti:LYt Reconciliation of Revenue per Audited :¢ed.1Y-;> Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specifle Instructions, page 20.) Return a Total revenue, pains, and other support per audited financial statements ......... ► a Total expenses and losses per audited financial statements .................... ► a 243,205 &1 240,192 . b Amounts included on fine a but not on b Amounts included on line a but not on tine 12, Form 990: i* M $ . Ina 17. Form 990: a. (1) Net unrealised pains (1) Donated services on investments..... S _ ...... : ... ..... .. .:: and use of facilities ... $ (2) Donated services and use of facilities $ (2) prior year adjustments reported on line 20, (9) Recoveries of prior > : Form 990........... S Year grants........ $ {2) tosses reported on ... ...... :........ ; (4) Other (specify): tine 20, Form 990 .... $ (4) Other (specify): S Add amounts on lines (1) through (4)..... ► b S Add amounts on lines (1) through (4) ...... ► b c Line a minus line b ................... ► c 243,205 c Line a minus line b..................... ► c 240,192 d Amounts included on line 12, Form 990 but d Amounts included on line 17, not on line a: :,.._ . " Form 990 but not on line a: (1) investment expenses (1) Investment expenses not not included on j_ _ included on line 6b, tine 6b, Form 990... $ :. Form 990........... $ (2) Other (specify):; } (2) Other (specify): $ . .. 3 Add amounts on lines (1) and (2) ........ ► d Add amounts on Ines (1) and (2).......... ► d e Total revenue per line 12. Form 990 a Total expenses per line 17, Form 990 linee plusline d)......... ► e 243,205 linec plusline d ► e 240,192 tP.....fart:Y List of Officers, Directors, Trustees, and Key Employees lust each one even It not compensated; see SoecHlc Instructions on cage 20.1 V4Nameand address (9)Title and average hours per week devoted toposition (C)CDmpensati— (it not psid e,tbr-O-.) JU)Contnbut.ons to employsebenefitplans 6 deferred compensation MExpense accountand otherallowances 3EE STATEMENT 7 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than S10,000 was provided by the related organizations? ......................... ► ❑ Yes ®No If "Yes," attach schedule - see Specific Instructions on page 20. ME, Jul-15-99 04:41P R. Haste/M. Mendoza, CPA 760 360 1314 r_vb Form994pg9r)L,A QUINTA CHAMBER OF COMMERCE 95-6053584 Pages -i d,., : ''; Other Information (see s ecttte instructions on page 21.) vea T Ho 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes." attach a detailed description at eachactivity ............................................................................................... 76 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS? ............................. 77 X If Yes," attach a conformed copy of the changes. 75a Did the organization have unrelated business gross Income of $1.000 or more during the year covered by this return? ............. 788 X b It "Yes' has it filed a tax return on Form 990-T for this year?......................................................... 78b I NIA 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? It "Yes," attach a statement................................................................................... 79 X 908 Is the organization related (other then by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? .................................. 80a X b If "Yes," enter the name of the organization ► N,/A and check whether it is ❑ exempt OR ❑ nonexempt. ;;:-..%'.L...„ at a Enter the amount of political expenditures, direct or indirect, as described In the Instructions for tine 81 . a 0 b Did the organization file Form 1120-POL for this year?.............................................................. 81 b X 82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially lessthan fair rental value?.................................................................................... b If Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions for reporting in Part III.) ....................... 182b I N/A 83 a Did the organisation comply with the public inspection requirements for returns and exemption applications? .................... b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? .......................... 64 a Did the organization solicit any contributions or gifts that were not tax deductible? ......................................... b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not =`. taxdeductible?............................................................................................ sobN A 85 501(cx4). (5). or (6) organizations. - a Were substantially all dues nondeductible by members? .............................. ass X b Did the organization make only in-house lobbying expenditures of $2.000 or less? ........................................ 85b X It Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members ..................................... asc I u d Section 162(e) lobbying and poll teal expenditures .......................................... a5d 0 .. y e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ......................... He 0 f Taxable amount of lobbying and political expenditures (line 85d less 859)........................ 85f 0 g Does the organization elect to pay the section 6033(e) tax on the amount in 851?.......................................... 859 X h If section 6033(e)(1 XA) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? ............................. 85h I I X 86 501(c)(7) organizations. - Enter: a Initiation fees and capital contributions included on line 12................................... 668 N/A b Gross receipts, included on line 12, for public use of club facilities ............................. 86b N/A 87 501(c)(12) organizations. - Enter: a Gross income from members or shareholders ................ 87a N A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.)........................................................... 87b N/A 88 At any time during the year, did the organization own a 50% or greater Interest Ina taxable corporation or partnership? IfYes' complete Part IX........................................................................... . age 601(c)(3) organizations. -Enter: Amount of tax imposed during the year under: N/A section 491110, ; section 4912 ► ; section 4955 ► b 501(c)(3) and 501(c)(4) organizations. - Did the organization engage in any section 4958 excess benefit transaction during the year? It Yes," attach a statement explaining each transaction...................................................... 89b N A c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955. and 4958............................................................................ 1 N/A d Enter: Amount of lax in 89c, above, reimbursed by the organization ............................................... ► N / A 90 a List the states with which a copy of this return is filed 1► b Number of employees employed in the pay period that includes March 12, 1997 (See instructions.) .......................... sob 91 The books are in care of ► KAREN LEVI SH Telephone no. ► 7 6 0 - 5 6 4 - 319 9 Locatedat ► 51-351 AVE. BERMUDAS, LA QUINTA, CA ZIP+4 ► 92253 tit Section 4947(ax1) nonexempt charitable trusts filing Form 990 in lieu of Forth 1041 - Check here ...... .. ....................... 1100 and enter the amount of tax-exempt interest received or accrued during the tax year .............. ► 1 92 1 N/A 010 Jul-15-99 04:43P R_ Haste/M. Mendoza, CPA 760 360 1314 P.06 Form990(1997) LA QUINTA CHAMBER OF COMMERCE 95-6053584 f'aoes F.WIV11.1 Analvsis of Income -Producing Activities iSee specific Instructions on page 25.) Enter gross amounts unless otherwise indicated. 93 Program service revenue: a Unrelated business Income Excluded by sertrnn 517, 513. or 51a (E) Related or exempt function income (A) Business code (B) Amount (C) Exclusion code (0) Amount b c _ d e f Medicare/Medicaid payments ................ g Fees and contracts from government agencies.. . 94 Membership dues and assessments ........... 95 Interest on savings 6 temporary cash investments 96 Dividends and interest from securities......... . 97 Net rental income or (loss) from real estate: a debt -financed property ..................... b not debt -financed property................. . 95 Net rental income or (loss) from personal property 99 Other Investment Income ................... too Gain/loss from sates of assets other than inventory lot Net income or (loss) from special events........ 102 Gross profit or (loss) from sales of inventory ..... 103 Otherrevenue: sCHAMBER SERVICES bADVERTISING 40,910 490 2 31,861 5300 - 3 9 8 8,767 7310 20,375 c d e 104 Subtotal (add (columns (B), (0), and (E)) ..... ,, t .;.,;;: 19, 977 31,8611 50,167 105 Total (add line 104, columns (8), (0), and(E))........................................................ ► 102,005 Note: Line 1lYa plus line Id, Part 1, should 1 the amount online 12, Part I.) dI Y . IK Ra- iionshin of Activities to the Accomplishment of Exemot Purposes ISee Specific Instructions on page 26.) .Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed Importantly to the accomplishment of the organizatlon's exempt purposes (other than by providing funds for such purposes). N/A p$rtliC> Information Regarding Taxable Subsidiaries com lete this Part If the ~Yes" box on line as Is checked.) Name, address, and employer identification num Percentage of ownershipinterestinterest Nature of business activities Totai income End -of -year assists J A % x % Please Sign Here Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. (See Genera; Instruction U, on page 10.) 01' Signature of officer Date Of Type or print name and title. Paid Preparer's ai9nef°r• MICHAEL L. MENDOZA, CPA Date Check if :elf - employed ► ® Preparer'aSSN 570-58-4446 PrapWer's use Only MICHAEL L. MENDOZA, CPA Firm's name (ar yours fleet; -employed) 4 5 - 24 0 CLUB DRIVE and address INDIAN WELLS, CA EIN ► zlP.a ► 92210 409 O11 Jul-15-99 04:43P R. Haste/M. Mendoza, CPA 760 360 1314 P.07 1997 FEDERAL STATEMENTS PAGE 1 Client 560 LA QUINTA CHAMBER OF COMMERCE 95-6053584 STATEMENT 1 FORM 990, PART 1, LINE 1 D CONTRIBUTIONS, GIFTS, AND GRANTS NOT OPEN TO PUBLIC INSPECTION ----------------------------- GOVERNMENT GRANTS: AMOUNT CONTRIBUTOR'S NAME CONTRIBUTOR'S ADDRESS OF CONTR. ----------------------------------------------------------------------- CITY OF LA QUINTA 78495 CALLE TAMPICO $ 141,200 LA QUINTA, CA. 92253 TOTAL GOVERNMENT GRANTS, LINE 1C TOTAL CONTRIBUTIONS, LINE 1D $ 141,200 $ 141,200 410 012 Jul-15-99 04:44P R. Haste/M. Mendoza, CPA 760 360 1314 P.08 1997 FEDERAL STATEMENTS PAGE 2 Client 660 LA OUINTA CHAMBER OF COMMERCE 95-6063684 STATEMENT 2 FORM 990, PART I, LINE 9 NET INCOME (LOSS) FROM SPECIAL EVENTS SPECIAL EVENTS: A) MAINSTREET MARKET PLACE B) GOLF TOURNAMENT C) BUSINESS EXPO OTHER: OTHER LOCAL EVENTS SPECIAL EVENTS A B C OTHER --------- TOTAL ---------- --------- --------- GROSS RECEIPTS $ 39,870 12,001 13,591 --------- 27,057 92,519 LESS: CONTRIBUTIONS 0 0 0 0 ------------------ 0 ---------------------------- GROSS REVENUE 39,870 12,001 13,591 27,057 92,519 LESS: DIRECT EXPENSES 32,125 4,310 4,236 19,987 --------- 60,658 --------- ---------------------------- NET INCOME (LOSS) $ 7,745 7,691 9,355 7,070 31,861 STATEMENT 3 FORM 990, PART I, LINE 10 GROSS PROFIT (LOSS) FROM SALES OF INVENTORY ITEMS SOLD ----------- AMOUNT ---------------------------------------- T-SHIRT SALES .............................................. $ 115 GROSS SALES $ 115 LESS RETURNS & ALLOWANCES 0 NET SALES $ 115 LESS: COST OF GOODS SOLD 513 GROSS PROFIT FROM SALES OF INVENTORY $ -398 STATEMENT 4 FORM 990, PART 1, LINE 20 OTHER CHANGES IN NET ASSETS OR FUND BALANCES ASSETS DISPOSED OF ......................................... $ -17,498 PRIOR PERIOD DEPRECIATION ADJUSTMENT ....................... -19,435 TOTAL $ 736,933 411013 Jul-15-99 04:44P R. Haste/M. Mendoza, CPA 760 360 1314 P.09 1997 FEDERAL STATEMENTS PAGE 3 Client 560 LA QUINTA CHAMBER OF COMMERCE 95-6053584 STATEMENT 5 FORM 990, PART 11, LINE 43 OTHER EXPENSES (A) (B) (C) (D) PROGRAM MANAGEMENT OTHER EXPENSES TOTAL SERVICES & GENERAL FUNDRAISING ------------------------------ INSURANCE ---------- $ 4,074 --------- --------------------- 4,074 M2 EXPENSE 600 600 MISCELLANEOUS 258 258 PROFESSIONAL FEES 3,100 3,100 INTERNET WEBSITE 110 110 PROMOTION 5,645 5,645 REPAIRS 4,526 4,526 VOLUNTEER SUPPORT 436 436 PAYROLL SERVICE 617 617 STAFF DEVELOPMENT 527 527 TOYS FOR TOTS 212 212 BUSINESS RESCOURCE CENTER 50 50 MEMBERSHIP 47 47 DIRECTORS BENEFITS 1,513 1,513 DIRECTORS EXPENSE 4,201 4,201 EMPLOYEE BENEFITS 4,899 4,899 COMMISSIONS 76 76 CHAMBER SERVICES 119 119 DUES & SUBS 1,646 1,646 GARDENING 580 580 R/E TAXES 1,700 1,700 BANK S/C 146 146 NEWSLETTER 58,156 58,156 TOTAL ---------- $ 93,238 ---------- ---------- --------- 59,633 --------- --------- --------------------- 33,605 0 --------------------- --------------------- STATEMENT 6 FORM 990, PART IV, LINE 57 LAND, BUILDINGS, AND EQUIPMENT ASSET FURNITURE AND FIXTURES MACHINERY AND EQUIPMENT IMPROVEMENTS LAND MISCELLANEOUS TOTAL ACCUMULATED BOOK BASIS DEPRECIATION VALUE ----------- ------------ ----------- $ 5,011 3,468 1,543 3,802 1,431 2,371 21,772 17,032 4,740 13,000 13,000 1,047 799 248 $ 44,632 22,730 21,902 ---------------------------------- ---------------------------------- 412 014 Jul-15-99 04:44P R. Haste/M. Mendoza, CPA 760 360 1314 1997 FEDERAL STATEMENTS PAGE 4 Client 560 LA QUINTA CHAMBER OF COMMERCE 95-6053584 STATEMENT 7 FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS ------------------------------ HRS/WK DEVOTED COMP. CONTRIB. OTHER RON DI GRANDI --------------- PRES --------- 0 -------- 0 -------- 0 P.O. BOX 368 NONE PALM DESERT, CA 92261 JACK KLEIN PAST PRES 0 0 0 72-795 HWY 111 NONE PALM DESERT, CA 92260 DR. PEARL KNIGHT DIRECTOR 0 0 0 P.O. BOX 1543 NONE LA QUINTA, CA 92253 MARK MORAN 1S VICE CHAIR. 0 0 0 P.O. BOX 1305 NONE LA QUINTA, CA 92253 SHELLY MORRIS DIRECTOR 0 0 0 P.O. BOX 366 NONE LA QUINTA, CA 92253 JOHN EDWARDS DIRECTOR 0 0 0 45-102 SMURR ST. NONE INDIO, CA 92201 IAN HELMSTADER DIRECTOR 0 0 0 78-700 HWY Ill STE 2 NONE PALM DESERT, CA 92260 GREG SHANNON TREASURER 0 0 0 74-041 B, HWY 111 NONE PALM DESERT, CA 92260 DOUGLAS YAVANIAN PRESIDENT 0 0 0 F.O. BOX 255 NONE LA QUINTA, CA 92253 PAT CROSS DIRECTOR 0 0 0 78-570 SEGUARO NONE LA QUINTA, CA 92253 015 Jul-15-99 04:45P R. Haste/M. Mendoza, CPA 760 360 1314 P_11 1997 FEDERAL STATEMENTS PAGE 5 Client 560 LA QUINTA CHAMBER OF COMMERCE 95-6053584 STATEMENT 7 (CONTINUED) FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS HRS/WK DEVOTED COMP. CONTRIB. OTHER ------------------------------ MARY HAEHL ------------------------ DIRECTOR 0 -------- 0 -------- 0 42-820 CAROLINE CT. STE, 101 NONE PALM DESERT, CA 92253 RICHARD JANDT DIRECTOR 0 0 0 P.O. BOX 1658 NONE LA QUINTA, CA 92253 SEAN JOHNSON DIRECTOR 0 0 0 81790 HWY Ill NONE INDIO, CA 92201 DOUGLAS MARTIN DIRECTOR 0 0 0 74785 HWY Ill STE 201 NONE INDIAN WELLS, CA 92210 MARGUERITE OLSON DIRECTOR 0 0 0 47111 MONROE ST NONE INDIO, CA 92201 LARRY SCHEERER DIRECTOR 0 0 0 49499 EISENHOWER DR. NONE LA QUINTA, CA 92253 --------- TOTAL $ 0 -------- 0 -------- 0 414 016 ATTACHMENT 3 CONTRACT SERVICES AGREEMENT and LEASE EXTENSION THIS AGREEMENT FOR CONTRACT SERVICES and LEASE EXTENSION (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 1998-1999 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 415 CONTRACT.CHAM 1 017 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Fifty -Five Thousand ($155,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment July 15, 1999 $38,750 October 15, 1999 $38,750 January 15, 2000 $38,750 April 15, 2000 $38,750 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the .ontract Officer. 3.3 Force Majeure. The time period specified in the scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, 2 416 • acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2000. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Shelly Morris, Chairman of the Board b. Pat Cross, Senior Vice -Chair C. Ian Helmstadter, Vice -Chair d. Marguerite Olson, Vice -Chair e. Ron DiGrandi, Immediate Past Chairman f. Vacant, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Cuntract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 417 3 019 4.3 Prohibition Against Subcontracting or Assignment.The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents, or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. For all special events as defined in the Scope of Services (Exhibit "A"), the Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. Said insurance shall be the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the events. Contractor shall ;�:so carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Hundred Thousand Dollars ($100,000) per individual and Three Hundred Thousand Dollars ($300,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the Ci4tS 4 020 its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 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 Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORD AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by 5 419 021 this Agreement as the Contract Officer shall require. At a minimum, quarterly progress reports, including an accounting of expenditures, shall be provided on or about September 1999, December 1999, March 2000, and June 2000. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's z 420 022 consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except 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 Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days written notice to City. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the. prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICEF%S AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of 'any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, director 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 of the interest of any corporation, partnership or association in which 421 023 he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for - itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of; any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1 . To City: CITY OF LA QUINTA P. 0. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE P. 0. Box 255 78-371 Highway 111 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 422 8 024 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 9.6 Lease. The Lease Agreement dated July 2, 1991 by and between the City of La Quinta and the La Quinta Chamber of Commerce shall remain in effect for an additional year, through June 30, 1999, according to its terms. 66 423 025 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal Corporation Dated: `%--�S—�i'9 By: JO PENA, yor City of La Quinta, California ATET: AUNDRA L. JUHO A, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL , City Attorney City of La Quinta, California LA QUINTA C AMBER OF COMMERCE Dated: By: Nam �A/( Title: "CONTRACTOR" io 4 4t 026 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE The Chamber shall provide the following services: A. Business Retention &' Promotion B. Mainstreet Marketplace (6 events) C. The Gem Monthly Newspaper (10 editions) D. Visitor's Center The Chamber shall provide the City with written quarterly reports of its activities required by this Agreement. These reports will be submitted on the following schedule. 1. First report - September, 1999 2. Second report - December, 1999 3. Third report - March, 2000 4. Fourth report - June, 2000 SAcitymgr\contract chamber 99.2000.wpd 11 4? 027 ATTACHMENT 4 August 31, 1999 To: Mayor John Pena City of La Quinta P.O. Box 366 La Quinta, CA 92253 Re: Request to complete funding for the La Quinta Chamber of Commerce Dear John: In response to the La Quinta City Council request, we submit the following report; Our current status is as follows, we have a full Board of Directors with our Executive Committee in place. Our Executive Committee consists of; Shelly Morris, Chairman of the Board - Administrative Division Pat Cross, Vice Chair -Community Affairs Division, 501h Anniversary Committee Ian Helmstadler, Vice Chair - Membership Development Division Marguerite Olsen, Vice Chair - Special Events & Fund Raisers Division John Edwards, Vice Chair - Business Development & Promotion Division Ron DiGrandi, Immediate Past President With regards to our personnel changes we have made to following appointments, Betty Harris - Interim Executive Director Staff - Liz Micotto - Office Manager, Marketing Melissa Duenas - Administrative Assistant These are full time positions, with our weekend coverage beginning Oct. 2"`', 1999. Currently, we have launched into our committee work with our largest fund raiser, The 2"`' Annual Mayor's Cup Golf Challenge Classic being held Sept 13`h . The second edition of "The Gem" is underway. As well as our six scheduled Main Street Market's on line. We have a renewed commitment from our Board of Directors with greater participation and responsibility at the forefront. We continue to nurture our volunteers with encouragement and good times, for their continued support. Nina Of%iilr A11' 25 5 41 _01iiala, c N 92253 100-564-3/99 - Jav 760-564-31 /l 028 We will deliver to our membership the most "bang for their buck" with our membership services, business retention and promotion programs. This Board of Directors will be visible throughout our community from our visitation program to our multi -day Golden Anniversary event, scheduled in March. We are committed to faithfully honoring our contract with the City of La Quinta. This Chamber's enthusiasm and confidence is soaring. We will fulfill our mission to represent, support and be an advocate for our membership, our community, and our beautiful dynamic City of La Quinta ! We respectfully request City Council's approval of the remaining contractual agreement. We look forward to a good and productive year. We thank the City of La Quinta for their confidence in the La Quinta Chamber of Commerce. RZelly (A I , r S Morris Chairman of the Board - La Quinta Chamber of Commerce cc: Mayor Pro Tem, Terry Henderson Council Member, Don Adolf Council Member, Ron Perkins Council Member, Stan Sniff City Manager, Tom Genovese Assistant City Manger, Mark Weiss Vice Chair - Community Affairs, Pat Cross Vice Chair - Membership Dev. Div., Ian Helmstadler Vice Chair - Special Events & Fund Raisers, Marguerite Olson Vice Chair - Business Dev. & Promotions, John Edwards Immediate Past President, Ron DiGrandi 4 27 029 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of City Sponsorship of PUBLIC HEARING: Mayor's Cup Golf Challenge Classic RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Each team registration is $500 (4-some). If two teams are selected to participate (similar to last year), the total cost will be $1,000. Funds could be allocated from the "Travel, Training & Meetings" Account (101-102-637-000). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the General Fund to encourage, support and promote economic development." Golf events may be considered a good source of advertising by putting forth the City's name and community spirit. BACKGROUND AND OVERVIEW: The Second Annual La Quinta's Mayor's Cup Golf Challenger is scheduled for Monday, September 13, 1999. Last year, the City Council voted to participate by sponsoring two (2) teams and designating the Mayor and City Manager as the people to select Council Member and staff representatives to serve on the teams. A flyer regarding the event is provided as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize City sponsorship of two 4-person teams, or an alternate number, to participate in the Mayor's Cup Golf Challenge and designate the Mayor and City Manager as the persons to select the Council Member and staff representatives to serve on the teams; or 451 AW 2. Do not authorize City sponsorship of the Mayor's Cup Golf Challenge; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Mayor's Cup Golf Challenge Flyer CCSTFFMAVORSCUPGOLF09-07-99.wpd 429 002 2nd Annuaf ATTACHMENT 1 La Quinta's Mayor's Cup Golf Challenge Classic A Golf Classic tailor made to the Coachella Valley's golfing mecca. This scramble format will pit teams from several business categories which will be competing for a wonderful Mayor's Cup Trophy. La Quinta Mayor John Pena is sending out the challenge to organize your team and get ready for an exciting local golf tournament. DAY: MONDAY DATE: SEPTEMBER 13, 1999 TIME: 12 NOON. SHOTGUN COURSE: PGA WEST Resort TPC Stadium Course ENTRY FEE: $125.00 PER PERSON Your individual and team entry fee will include: A ; OODIF FAG r_. seccnd to none, CART, PUTTING CONTEST INCLUDED IN ENTRY FEE, BEVERAGE TICKETS and a scrumptuous DINNER The awards dinner will include a no -host reception and exiciting drawing & auction session. We encourage you to bring your spouse or guest for this fun-packed evening. If you like competition, this Classic is just for you! We'll have it ail: long -drive, closest to the pin, hole -in -one and much much more. If mulligans are what you need, mulligan we'll have! You'll also have an opportunity to out -drive the Mayor and also putt -for -dough. Registration: Putting Contest: Shotgun Start: 10:30 AM 10:30 AM-11:30 PM 12:00 NOON Sponsored By: La Quinta Chamber of Commerce & KSL Desert Resorts, Inc. Golf Tournament La Quinta Chamber of Commerce PO Box 255 La Quinta, CA 92253 (760) 564-3199/Fax: (760) 564-3111 RETURN ON OR BEFORE MONDAY, SEPTEMBER 6,1999 REGISTRATION FORM CHECK APPROPRIATE CATEGORY City Realtor Chamber Restaurant Hotel/Resort Service Club Golf Course Corporate Individual Individual Registration..................................$125.00 Team Registration (4-Some).........................$500.00 Company Tee Sign. ....................................... $100.00 Team Package* ... .......................................... $550.00 Guest Tourney Dinner Tickets ........................$25.00 *Includes: Team 4-some & Company Tee Sign ($50 Savings) Individuals are encouraged to participate and will be paired accordingly. REGISTRANTS (Print) #1 Player: Company Address City Phone Hndcp/Ave. Score #2 Player: Company Address City Phone Hndcp/Ave. Score #3 Player: Company Address City Phone Hndcp/Ave. Score #4 Player: Company Address City Phone Hndcp/Ave. Score Enclosed is my/our check for $ for reservations or Team Package. Tee Sign to Read: 430 004 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Amendment to Chapter 2.04 of STUDY SESSION: the La Quinta Charter and Municipal Code Relative PUBLIC HEARING: to City Council Compensation and Reimbursement RECOMMENDATION: M Amend Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code to increase the monthly expense reimbursement of the City Council to $300.00. FISCAL IMPLICATIONS: This will increase the City Council's monthly expense compensation by $50.00; for a total monthly expense reimbursement of $300.00. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to Section 2.04.050 of the Municipal Code, the Mayor and the City Council receive two hundred fifty dollars per month for reimbursement of daily expenses. Adoption of the proposed Ordinance would increase the monthly reimbursement to three hundred dollars. Attached for your information Attachment 1) is a redline copy of Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code. The last adjustment approved for monthly expenses was in 1993. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code to increase the monthly expense reimbursement of the City Council to $300.00; or 43� 2. Do not amend Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code to increase the monthly expense reimbursement to 300.00; or 3. Provide staff with alternative direction. Respectfully submitted, Johrouiz, P-er§ognel/+Ris)c Manager A roved for submission by: tj Thomas P. Genovese, City Manager Attachment: 1 . Redline copy of Chapter 2.04, City Council, of the La Quinta Ordinance and Municipal Code S:\CITYMGR\CCSHELL.WPD 432 002 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY COUNCIL) WHEREAS, Section 2.04.050 of Chapter 2.04 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") City Council and WHEREAS, the city will change the City Council's monthly compensation for expenses and mileage. WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. AMEND CHAPTER 2.04 CITY COUNCIL OF THE CODE AS FOLLOWS: Delete from 2.04.050, Compensation and reimbursement, the following: "two hundred fifty dollars" and replace with "three hundred dollars." The amended section reads as follows: Compensation shall be paid to each member of the city council in the amount of five hundred dollars per month. The mayor shall receive additional compensation in the amount of seven hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city. In recognition that on a daily basis members of the council are incurring expenses for automobile use, phone use and other costs in performing these official functions, an amount equal to three hundred dollars per month shall be deemed equivalent to the actual and necessary use reimbursement for the mayor and the councilmembers representing regular expenses incurred in the Coachella Valley. Further, in the event a council member or the mayor wishes to utilize a personal mobile phone rather than a city -issued mobile phone, an additional . reimbursement amount of twenty-five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, and costs shall be reimbursed according to the city's adopted policy for such expenditures. 433 003 Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. Section 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED AND ADOPTED, this 7th day of September 1999 by the following vote(s): AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 434 l ATTACHMENT 1 Chapter 2.04 COUNCIL Sections: 2.04.010 Time of regular meetings. 2.04.020 Place of regular meetings. 2.04.030 Improper conduct at meeting. 2.04.040 Adoption of procedures. 2.04.050 Compensation and reimbursement. 2.04.060 Commission appointments. 2.04.100 Appeals to council. 2.04.110 Notice of appeal —Time limit —Contents. 2.04.120 Appeals —Hearings —Notices. 2.04.130 Appeals —Hearings. 2.04.010 Time of regular meetings. The regular meetings of the city council shall be held on the first and third Tuesdays of each month at an hour to be established by resolution of the city council. (Ord. 163 § 1, 1990: Ord. 21 § I (part), 1982: Ord. 4 § 1 (part), 1982: Ord. 2 § 1 (part), 1982) 2.04.020 Place of regular meetings. The regular meetings of the city council shall be held at the Civic Center, 78-495 Calle Tampico, La Quinta, California. (Ord. 232 § 1, 1993: Ord. 21 § 1 (part), 1982: Ord. 4 § 1 (part), 1982: Ord. 2 § 1 (part), 1982) 2.04.030 Improper conduct at meeting. Any member or other person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or kept quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor. (Ord. 2 § 1 (part), 1982) 2.04.040 Adoption of procedures. The city council shall, by resolution, adopt rules of procedure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto. (Ord. 2 § 1 (part), 1982) 2.04.050 Compensation and reimbursement. Compensation shall be paid to each member of the city council in the amount of five hundred dollars per month. The mayor shall receive additional compensation in the amount of seven hundred dollars per month. The compensation prescribed herein is and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city. In recognition that on a daily basis members of council are incurring expenses for automobile use, phone use and other costs in performing these official functions, an amount equal to two three hundred -fife dollars per month shall be deemed equivalent to the actual and necessary use reimbursement hundred for the mayor and councilmembers representing reg• jar expenses incurred within the Coachella Valley. Furthgr, in the event a council member or the mayor wishc.., to utilize a personal mobile phone rather than a city -issued mobile phone, an additional reimbursement amount of twenty-five dollars shall be added to the monthly reim- bursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, said costs shall be reimbursed according to the city's adopted policy for such expenditures. (Ord. 322 § 2, 1998: Ord. 231 § 1, 1993: Ord. 100 § 1, 1986: Ord. 83 § 1, 1985: Ord. 36 § 1, 1983: Ord. 11 § 1, 1982: Ord. 2 § 1 (part), 1982) 2.04.060 Commission appointments. Unless otherwise specifically provided in this code or by state law, all city buaid and cuuuuissiun appointments, except for ex officio members where applicable, shall be made by the city council. (Ord. 2 § I (part), 1982) 435 15 (La Quinn 3-") AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: L Discussion of New Development Pad Elevations PUBLIC HEARING: Continue this item to the October 1, 1999 City Council Meeting. None. None. None. Respectfully submitted, Chris A. Vogt ole Public Works Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager T:\PW D EPT\COUNCIL\ 1999\990907c2. wpd REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 22, 1999 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who asked Commissioner Abels to lead the flag salute. B. Chairman Tyler requested the roll call: Present: Commissioners Abels, Butler, Kirk Robbins, and Chairman Tyler. C. Staff present: Community Development Director Jerry Herman, Planing Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Fred Baker and Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: A. Chairman Tyler asked that Agenda Business Item C become Item B and Item B become Item C. There being no further changes, it was moved and seconded by Commissioners Abels/Butler to confirm the Agenda as modified. Unanimously approved. IV. CONSENT ITEMS: A. Chairman Tyler asked if there were any corrections to the Minutes of June 8, 1999. Commissioner Abels asked that the Minutes be elaborated on regarding how staff reaches justification for their recommendation as contained in the staff report. Commissioner Butler noted that he was recorded as voting on Business Item A and he was absent. This needed to be corrected. Commissioner Kirk asked that Page 6, Item B.1. be corrected to read, "...suggested that someone obtain an overall education regarding this issue.", and Page 6, Item B.3., be revised. There being no further corrections, it was moved and seconded by Commissioner Butler/Abels to approve the Minutes as corrected. Unanimously approved. B. Department Report: None. 437 CAMy Documents\WPDOCS\PC6-22-99.wpd 1 Planning Commission Minutes June 22, 1999 V. PUBLIC HEARINGS: A. Continued - Specific Plan 83-001, Amendment #5; a request of Century -Crowell Communities for approval of an amendment to increase the total unit count, revise the boundaries to separate the Seasons from Duna La Quinta, and add a new grading/unit type requirement necessitating retaining walls higher than four feet along the 50 foot elevation of the channel berm. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio informed the Commission the applicant had not completed the plans proposed for the split-level units along the south side of Calle Norte, within Duna La Quinta. Staff was therefore requesting this item be tabled until such time as the applicant submitted new plans. The item will then be readvertised for a new hearing date. 2. There being no discussion, it was moved and seconded by Commissioners Abels/Kirk to table this item. Unanimously approved with Commissioner Butler abstaining. B. Tentative Tract 28409, Extension #1; a request of Mr. Charles B. Murphy and Mr. Lynn R. Kunkle for a recommendation of approval for a one year time extension for a previously approved subdivision of 9.15 acres into 19 custom single family and other common or private street lots for the property located on the north side of Avenida Montezuma, east of Bear Creek Channel and west of the Yucatan Peninsula residential neighborhood. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked how many extensions could be granted. Staff stated three. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Lynn Kunkle, representing the applicant, stated they were working on the final map and had no objection to the conditions as recommended by staff. They have completed their grading plan and on- and off -site improvements. They are requesting approval of their time extension. There being no questions of the applicant nor any other public comment, Chairman Tyler closed the public participation portion of the hearing and opened the case for Commission discussion. 43 8 CAMy Documents\WPDOCS\PC6-22-99.Wpd 2 002 Planning Commission Minutes June 22, 1999 4. There being no discussion, it was moved and seconded by Commissioners • Abels/Robbins to adopt Planning Commission Resolution 99-049 recommending approval of a one year time extension for Tentative Tract Map 28409, Extension #1, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 99-652; a request of T. D. Desert Development for approval of design plans for a 13,400 square foot golf maintenance facility south of 48' Avenue and east of Dune Palms Road within Rancho La Quinta Country Club. 1. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Kirk asked if the applicant had submitted a line of site exhibit for the facility. Staff explained the plans that had been submitted. Landscape drawings were also discussed and the landscape architect was asked to provide enough trees to block the view of the facility from the street. 3. Chairman Tyler asked how CVWD would gain access to their well site. Staff stated the access is located on the south side and there was a possibility the well site may be moved. Discussion followed regarding how vehicles would enter/leave the well site. 4. Chairman Tyler asked Senior Engineer Steve Speer if the south leg of the Dune Palms signal would be dedicated for the maintenance facility and if the control for that signal would be cycled. Staff explained how the signal would operate. Traffic hitting the loop will continue to trip the light up to 40 seconds. 5. Chairman Tyler asked about the chain link fencing that will be installed across the storm channel and if it would be visible from 48' Avenue. Mr. Art Gardner, representing the applicant, stated that when they spoke with CV WD they were informed they would accept wrought iron in place of the chain link. 6. Commissioner Robbins stated wrought iron would be acceptable to CV WD. Mr. Gardner stated the channel would be planted with grass and possible palm trees. Staff recommended a condition be added requiring the wrought iron fence and that it be subject to approval by CVWD. 439 CAMy Documents\WPDOCS\PC6-22-99.wpd 3 003 03 Planning Commission Minutes June 22, 1999 7. There being no further questions of staff, Chairman Tyler asked if anyone else would like to address the Commission. Mr. Grady Sparks, representing T. D. Desert Development, stated they had no objections to the conditions as recommended. 8. There being no questions of the applicant nor any other public comment, Chairman Tyler closed the public participation of the hearing and opened the case for Commission discussion. 9. There being no discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 99-050 approving Site Development Permit 99-652, subject to the Findings and Conditions of Approval as modified: a. The chain link fencing proposed within the channel shall be replaced with wrought iron fencing. 10. Chairman Tyler stated he had a hard time understanding why the applicant would even propose an industrial metal building that would be visible from the street. He suggested the applicant look at the maintenance building constructed at the Tradition Country Club as an example. As submitted, he could not support this metal building. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk and Robbins. NOES: Chairman Tyler. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Sign Application 99-466; a request of Airtouch Communications for approval of a deviation to an approved sign program to permit corporate signs for a new business located at 78-742 Highway 111 within the One Eleven La Quinta Shopping Center. 1. Chairman Tyler stated a request had been received from the applicant to continue this item. 2. There being no discussion, it was moved and seconded by Commissioner Abels/Robbins to continue Sign Application 99-466 to July 13, 1999. Unanimously approved. B. Master Design Guidelines; a request of Four Season Homes for approval of Master Design Guidelines. 440 CAN1y Documents\WPDOCS\PC6-22-99.wpd 4 004 Planning Commission Minutes June 22, 1999 Chairman Tyler asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Kirk asked if the "Gardena" plan was the only plan that would be appropriate for a corner lot. Staff stated yes, as submitted. 3. There being no further questions of staff, Chairman Tyler asked if anyone else would like to speak on this case. 4. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Minute Motion 99-011 approving Master Design Guidelines 99-005, subject to Findings and Conditions of Approval as submitted. 5. Commissioner Robbins noted the front elevation of the "Gardena" plan was no more than a great big garage door. Community Development Director Jerry Herman stated that on a 50 foot wide lot, 20 feet of the frontage is garage, with a 10 foot exterior sideyard and five foot interior sideyard setback it leaves only 15 feet for front elevation. 6. Chairman Tyler stated he agreed with Commissioner Robbins, but there are already several houses with the same problem. 7. Commissioner Kirk asked staff to define the options within the plan. Planning Manager Christine di Iorio stated that in the "Gardenia" plan there are three design proposals and staff was requesting the columns on one of the two options have a different architectural design treatment. Chairman Tyler asked what roofing material was proposed for the Santa Fe plan. Staff stated it was to be hot mopped. 9. The motion was approved with Commissioner Robbins voting no. C. Capital Improvement Project 99-05; a request of the City for review and recommendation to the City Council regarding a roundabout at the intersection of Jefferson Street and Avenue 52. Chairman Tyler asked for the staff report. Senior Engineer John Freeland presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes to the staff report and introduced Mr. Peter Doctors, consultant, who gave a history 441 CAMy Documents\WPDOCS\PC6-22-99.wpd 5 005 Planning Commission Minutes June 22, 1999 of roundabouts. He explained the three basic concepts, yielded entries, circulation, and right of way. Second was the deflection design which would cause all cars to slow down to less than 25 miles per hour to provide safety. Roundabouts are twice as safe as a traffic signal with less injury and fatalities. The third concept is the flair which consists of one or two lanes around with a flair to three or four lanes which gives a lot of capacity. He went on to site examples. He further stated that in a 20 year forecast, during the peak hours, the intersection of Jefferson Street and 52nd Avenue, 3200 cars are expected. He went on to explain the plan. 2. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if anyone else would like to speak regarding this subject. 3. Commissioner Robbins stated that at buildout it would be just less than 60,000 trips per day or 5,000 per hour at peak flow, and Caltrans states that roundabouts are inappropriate for intersections in excess of 5,000 per hour. Mr. Doctors stated Caltrans was not considering roundabouts for any locations that exceeded 5,000 cars per hour. This is their comfort level. In reality roundabouts can handle up to 7,200 cars per hour. 4. Commissioner Kirk asked how much more land was needed. Mr. Bob Ross stated 1,600 square feet. 5. Commissioner Abels stated the City needs to think down the road and to the future. He was experienced roundabouts and finds them very convenient and this is an ideal location. 6. Commissioner Robbins asked if anyone had looked at the traffic counts during a golf tournament and whether or not a roundabout would cause a problem. Senior Engineer John Freeland stated staff had not looked into this, but it should not be a problem. Commissioner Robbins stated his experience with traffic circles had not been pleasant and he was concerned that Avenue 52 and Jefferson Street would be a major intersection in the City. 7. Public Works Director Chris Vogt stated that most special events do not take place during the week day peak traffic. The City of Vail, Colorado has a roundabout and on peak weekends it works well. In addition, traditionally the golf classics do not generate that much traffic. Commissioner Robbins asked what would be in the center of the roundabout. Public Works Director Chris Vogt stated it could be a number of different things. 442W C:\My Documents\WPDOCS\PC6-22-99.wpd 6 006 Planning Commission Minutes June 22, 1999 9. Commissioner Robbins stated another concern was the existing utilities to reconfigure them would create issues. Mr. Ross stated that most of the utility lines could be relocated and there would be more angle points. Commissioner Robbins asked if the utility lines would be realigned or go around the roundabout, and will it add to the cost. Also, there is a federal easement which will add problems to the relocation issues. Mr. Ross stated they were not proposing to relocate the federal easements, but prefer to keep them as they are. 10. Commissioner Kirk asked about the cost difference between the standard intersection design and a roundabout. Mr. Ross stated that a standard intersection is approximately $150,000. A roundabout would be approximately $10,000 less. Public Works Director Chris Vogt stated that Coachella Valley Association of Governments (CVAG) would be funding 75% of the improvements from Highway 111 to Avenue 54. There was some question as to whether or not CVAG would support the roundabout, but both committees would fund up to 75% of a standard intersection. However, this does not include the right of way purchase. 11. Commissioner Kirk asked about the pedestrian access with the dedicated right turn. Mr. Doctors stated it would not be a safety issue. The same concerns are realized for a signalized intersection. The roundabout becomes one single lane of traffic to cross. 12. Chairman Tyler asked about the right turn. Mr. Doctors stated it has its own lane so it does not have to merge into the other lanes. 13. Commissioner Kirk asked if the right turn lane was a separate lane that would later flair. Mr. Doctors stated that if there was heavy traffic in the right turn lane later on the exclusive right turn lane would go away and they would flair it out more. The idea is to give flexibility. 14. Commissioner Robbins asked how they would work with bicycle traffic and what about equestrian uses. Community Development Director Jerry Herman stated that equestrian uses would go down Madison Street, not Jefferson Street. The roundabout would have bicycle traffic on both sides of the street. Mr. Doctors stated that bicycle lanes would lead up to the roundabout and then, in the case of the recreational bicyclist, they would walk across the street. In the case of the "seasoned" cyclist, they would enter the roundabout with the vehicular traffic. Public Works Director Chris Vogt stated in a standard crossing the bicyclist would be crossing in front of vehicles and the chances that a driver isn't paying attention are high. With a roundabout a driver is paying attention to the pedestrian. 443 CAMy Documents\WPDOCS\PC6-22-99.wpd 7 007 Planning Commission Minutes June 22, 1999 15. Chairman Tyler asked why this intersection was chosen. Public Works Director Chris Vogt stated because they are building down to Avenue 54 and the right of way is available at this location and currently there is no landscaping to disturb. Staff is looking at sites where roundabouts may be suitable at the request of the city Council who is asking for alternatives to traffic signals. Chairman Tyler stated pedestrians were not a strong element in this case. 16. Chairman Tyler stated he was concerned that neither Caltrans nor CVAG had traffic standards. No one knows if they work until they are built and then it is too late. The Design Bulletin mentioned in the staff report does not support it. He too is concerned about bicyclists. Also, there are no traffic lane markings painted on the street. Mr. Doctors stated that if you mark the street, people concentrate on the lanes and get trapped and can't get out. Lack of striping works because the majority of the time people are driving at staggered levels, or single file. 17. Commissioner Butler stated he is comfortable going forward with the proposal as it shows the City has some foresight. It is controllable and if, or when, the City outgrows it, it can be changed. 18. Commissioner Abels stated it was a great idea and he supported the project. 19. Commissioner Kirk stated this was a good idea and location and the City should take a chance. 20. Mr. Doctors stated federal highways will be coming out with guidelines and these guidelines are even more conservative than before. 21. Commissioner Robbins stated he would like to believe in them, but his personal experience has not been with the modern roundabout. He would rather see this experience take place in a less prominent location, such as an intersection in the Village area. It is worth the try, but he is not sure it is the best location. 22. There being no discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Minute Motion 99-012 recommending approval to the City Council and applauding staff for looking. at alternatives to address traffic. The motion passed with Commissioners Robbins and Chairman Tyler abstaining. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. ..t CAMy Documents\WPDOCS\PC6-22-99.wpd 8 008 Planning Commission Minutes June 22, 1999 VIII. COMMISSIONER ITEMS: A. Chairman Tyler gave a report on the City Council meeting of June 15, 1999. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Abels to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held July 13, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:00 P.M. on June 22, 1999. Respectfully submitted, J BE Y AWYER, Executive Secretary City of La Quinta, California 445 CAMy Documents\WPDOCS\PC6-22-99.wpd 9 009 REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 13, 1999 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who lead the flag salute. B. Chairman Tyler, requested the roll call. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Steve Robbins, and Chairman Robert Tyler. Chairman Tyler informed everyone of the reappointment of Commissioners Butler and Robbins by the City Council. C. Election of Chair: It was moved and seconded by Commissioners Butler/Abels to nominate Tom Kirk. There being no further nominations, Tom Kirk was elected. Chair. D. Election of Vice Chair. It was moved and seconded by Commissioners Abels/Kirk to nominate Steve Robbins. There being no further nominations, Steve Robbins was elected Vice Chair. E. Chairman Kirk thanked Commissioner Tyler for his leadership for the last year. E. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planing Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Fred Baker and Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of June 22, 1999. Commissioner Abels moved to continue the Minutes to July 27, 1999, as they were incomplete Unanimously approved. B. Department Report: None. 446 CAMy Documents\WPDOCS\PC7-13-99.wpd I Planning Commission Minutes July 13, 1999 V. PUBLIC HEARINGS: Chairman Kirk opened the Public Hearings and asked if there was any objection to combining Public Hearings "A" and "B" and Public Hearings "C" "D" and "E". There being no objection, he asked for the staff report for Items "A" and "B". A. Tentative Tract Map 29283; a request of T. D. Desert Development for a recommendation of approval to subdivide 23 acres into 59 residential and other common lots located at the northwest corner of 50th Avenue and Orchard Lane (extended) within Rancho La Quinta. B. Tentative Tract 29306; a request of T. D. Desert Development for a recommendation of approval to subdivide 26.4 acres into 75 residential and other common lots for the property located on the south side of 48th Avenue and east of Dune Palms Road within Rancho La Quinta Country Club. 1. Planning Manager Christine di Iorio presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Grady Sparks stated he was available to answer any questions. 3. There being no questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 4. There being no further discussion, Chairman Kirk closed the public participation of the hearing and opened the issue for Commission discussion. 5. Commissioner Robbins asked that Condition #33 and #36 on Item B be corrected. 6. Commissioner Tyler questioned Condition #8.C. on Tentative Tract 29283 concerning street widths. Senior Engineer Steve Speer clarified that Lot "B" in Condition #8.C. is a single loaded street and the applicant is requesting a 33-foot wide street whereas the other street is 36-feet wide with parking on both sides. Staff has written the condition to allow them to reduce the street width to 29 feet if parking is eliminated. 7. Commissioner Tyler asked that Condition #44 for Tentative Tract 29306 be deleted. 447 CAMy Documents\WPD0CS\PC7-13-99.wpd 2 002 Planning Commission Minutes July 13, 1999 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 051 recommending to the City Council approval of Tentative Tract Map 29283 subject to the Findings and Conditions of Approval as modified. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 052 recommending approval of Tentative Tract Map 29306, as modified: a. Condition #44 deleted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Kirk asked for the staff report for Items "C", "D", and "E". C. Tentative Tract 29347; a request of KSL Land Corporation for recommendation for approval to subdivide 60+ acres into 39 single family lots, a golf course lot and miscellaneous lots located on the west side of Monroe Street, north of Airport Boulevard, within the Norman Golf Course at PGA West. D. Tentative Tract 29348; a request of KSL Land Corporation for recommendation for approval to subdivide 19.3+ acres into 58 single family lots, located on the north side of Airport Boulevard, midway between Madison Street and Monroe Street within the Norman Golf Course at PGA West. E. Tentative Tract 29349; a request of KSL Land Corporation for recommendation for approval to subdivide 32+ acres into 92 single family lots, a golf course lot and miscellaneous lots located on the north side of Airport Boulevard, east of Madison Street within the Norman Golf Course at PGA West. 1. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to explain a State Approved Golf Cart Plan. Commissioner Butler asked staff to explain where the tunnel would be constructed. Senior Engineer Steve Speer stated that if the City wanted to pursue golf cart lanes and crossing on City streets similar to what has been 448 003 CAMy Documents\WPD0CS\PC7-13-99.wpd 3 Planning Commission Minutes July 13, 1999 done in the City of Palm Desert, the City would have to undertake preparation of a State Approved Golf Cart Plan. There would need to be a number of public meetings to decide what the City wants and believes is appropriate. Following this process the plan is sent to the State for their review and at that time the California Highway Patrol would become involved. After it has been approved by the State, street striping can begin. Without this type of plan, a golf cart cannot cross a street that has a speed limit of 45 mph or greater. In regard to the location of the tunnel it could be put across from Lot 27. The applicant has indicated the cost may be as much as three quarters of a million dollars. 3. Commissioner Robbins asked how golf cart travel could be allowed on Westward Ho at Jefferson Street. Staff stated that Jefferson Street presently has a 35 mph speed limit. With the street widening, the City will be enacting some plans to accommodate this access. If the speed limit is posted for more than 45 mph they would not be able to have golf cart crossing without a State approved plan. 4. Commissioner Abels asked when the golf cart crossing at Westward Ho and Jefferson Street will be addressed during the Jefferson Street widening. Staff stated it would not be considered until Phase 2 or 3. 5. Commissioner Robbins asked what the speed limit currently was on Madison Street. Staff stated it was probably 50 mph or more. By the time Madison Street is built out to its ultimate condition as an Arterial Street with a raised median, speeds will not be under 50 mph. 6. Commissioner Butler asked that in comparing costs for both forms, the tunnel and a State Approved Golf Cart Plan, does one balance out the other by the time you have to acquire land and make street improvements? Staff stated that on this street there are a couple of options. Currently, there is an equestrian path required along the east side of Madison Street and the need is diminishing. Therefore, this area could be used or it could be a shared path. The street is wide enough for parking lanes and the City could stripe a bike and golf car lane. 7. Commissioner Butler stated that at some point they will have to cross Madison Street. Staff noted it would be a signalized intersection. KSL has been proposing to put an access gate through the wall at Airport Boulevard and that is where the golf carts would cross. MAK CANly Documents\WPDOCS\PC7-13-99.wpd 4 004 Planning Commission Minutes July 13, 1999 8. Community Development Director Jerry Herman stated the Norman Course is not a part of PGA West. It is a separate specific plan and this condition only applies to this development unless the applicant wishes to combine the two specific plans. The condition is written to allow some options to KSL regarding access between the two courses. A golf cart plan is subject to staff review and approval. It the City Council determines not to prepare such a plan, then the only other option to KSL is to construct a tunnel. Public safety and not cost, is the concern of the City. If the applicant wants either option, it is at their cost to develop it. 9. Commissioner Butler stated his concern is that they are approving a plan that could be a safety concern. Staff stated it is a concern that has to be addressed by the applicant if they wish to connect the two courses. 10. Chairman Kirk noted staff had stated this will not cause a serious health concern. Senior Engineer Steve Speer stated that in the staff report, there is a finding for public health which presumes compliance with State law. The exception to meeting this finding is the Vehicle Code as there are safe ways of doing it. Community Development Director Jerry Herman stated that in other words the Planning Commission cannot grant an at grade crossing to this developer to connect the two projects. A condition can be added to allow them flexibility to achieve this if they desire to do so. 11. Commissioner Tyler stated his concerns about the crossings and he believes people will go back and forth between the two courses. It is up to the Commission to recognize this and provide solutions. Condition #41 does not give the applicant any options. He asked if a bridge was possible. It would eliminate several of the cost factors. The applicant needs to be given direction as to what he can do, tunnel or bridge. Staff stated the recommended condition was worded so that if a State Approved Golf Cart Plan is not approved, the only option to the applicant is to construct a tunnel. 12. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chevis Hosea, representing KSL Land Corporation, stated they were planning to develop a State Approved Golf Cart Plan as there is a need for such a plan as you cannot now cross the street with a golf cart. They would like to have access to this course from PGA West, but do not want to go to the cost of constructing a bridge or tunnel. A bridge is not really an option because more ground would be needed as well as earthquake issues and Caltrans requirements make is cost prohibitive. 450 C:\My Documents\WPDOCS\PC7-13-99.wpd 5 005 Planning Commission Minutes July 13, 1999 13. Commissioner Tyler asked about the Caltrans requirement. Mr. Hosea stated that by the time you ramp up to meet their height clearance the bridge would be very long. 14. Commissioner Butler stated his concern about golf carts crossing Madison Street. His concern is that a crossing and/or State approved plan is setting a precedent for the development in that area. Mr. Hosea stated it would be an unfair burden to impose a requirement on them to provide a tunnel for access. They would agree to continue working with the City to obtain a surface crossing. 15. Commissioner Tyler asked about the golf cart crossing on Park Avenue. Mr. Hosea stated there have been no safety issues that he is aware of and it is highly used. Commissioner Tyler stated the speed limit at this location is only 30-35 mph. He asked if the applicant would agree with the condition requiring a tunnel or State approved plan. Mr. Hosea stated he had no objection to the State approved plan. 16. Commissioner Butler asked if he knew what the cost difference would be between having a State approved plan which could include the taking of land and street improvements, versus constructing a tunnel. Mr. Hosea stated the last time they priced the cost of constructing a tunnel it was about $700,000. Street crossing estimates were approximately $100,000. 17. Commissioner Tyler stated a State plan is not unique to the KSL area, but is a City-wide concern. Mr. Hosea stated this is a semi -private course, so a lot of the use will be hotel guests, etc., who would be driving to the course. 18. Commissioner Robbins asked if the homeowners of this course would be members of PGA West. Mr. Hosea stated it is a potential, they are not required to buy, but must own property to buy amenities. 19. Chairman Kirk asked staff if a State approved plan could be prepared for one section of the City with a developers participation. Senior Engineer Steve Speer stated there was no requirement to do a City-wide plan, but only if the Council decided to do so. 20. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Dan Shepardson, 54-839 Shoal Creek, member of the PGA West Masters Association, stated he disagreed with the applicant's cost estimates for the cost of constructing a tunnel. They had a estimate of only $200,000. A member should not have to get into their car or cross a busy street to play golf. The prior developer had 451 three tunnels built into the original plans. 006 CAMy Documents\WPDOCS\PC7-13-99.wpd 6 Planning Commission Minutes July 13, 1999 21. Ms. Kelly MacGalliard, representing PGA West Residential Homeowners' Association Res #l, stated their membership consisted of 1299 homeowners who had all voted in favor of the tunnel as they believed it will be the safest route for them to utilize. 22. There being no further questions of the applicant, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 23. Commissioner Abels stated he was in favor of the tunnel and he believed it should be required. 24. Commissioner Robbins stated he too agreed. A lot of golf courses can create a lot of surface traffic and safety is the concern. 25. Commissioner Butler stated he too supports the tunnel in light of the safety factor and number of people in that area. 26. Commissioner Tyler stated he had mixed emotions and wished the State Approved Golf Cart Plan were in place. The alternative is to have a plan that the developer can accomplish. 27. Chairman Kirk asked staff if they knew the cost of constructing a tunnel. Staff stated they did not have any research available on tunnel costs. There is however, a tunnel under construction on Miles Avenue, in the County, for the new tennis complex and it is a sizeable undertaking and it will be expensive. A tunnel on Madison Street would be expensive as they would not be able to divert traffic to construct it which would make it more expensive. 28. Commissioner Tyler suggested the following wording for Condition #41: "The applicant shall provide a suitable tunnel under Madison Street to accommodate golf cart transportation between Tentative Tract 29347, 29348, and 29349, The Greg Norman Course development, and the existing PGA West campus on the west side of Madison Street. 29. City Attorney Dawn Honeywell stated the City does not have a provision to require a condition to cross from one tract map to another. If a tunnel is what the Commission wants to act as the joint access from one tract to another, the existing condition could be used with the deletion of the words: "State Approved Golf Cart Plan." 30. Community Development Director Jerry Herman stated this is a specific plan 452 and PGA West is its own specific plan and there is no nexus between them. It is a private decision whether the two will have access to each other and not CAMy Documents\WPDOCS\PC7-13-99.wpd 7 007 0►y Planning Commission Minutes July 13, 1999 mandatory from the City's standpoint. It then becomes an issue that if they want to provide an access, then they must construct a tunnel. If they do not want access, the access becomes via vehicles. It is a private decision of the developer of the golf course. 31. Commissioner Robbins asked if using Airport Boulevard would make a difference. Senior Engineer Steve Speer stated Airport Boulevard will have the same requirements due to the speed limit. 32. Chairman Kirk asked if there was any example for off -site improvements which are done elsewhere. City Attorney Dawn Honeywell stated the City does not have a development standard that requires tunnels for golf courses. 33. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 053 recommending approval of Tentative Tract Map 29347, as modified: a. Condition #: 41: Add, "Under Madison Street and/or Airport Boulevard" and delete "State Approved Golf Cart Plan." 34. Commissioner Robbins stated that if this condition is approved as written and later a State approved plan is adopted that allows golf carts on Madison Street or Airport Boulevard, the City would not be able to prohibit the residents from using the golf cart path on these streets. Staff stated that was correct. 35. City Attorney Dawn Honeywell stated the purpose of writing the condition in this manner is to point out to the developer the options available to him. 36. Commissioner Butler stated that even with a golf cart plan, the area would still be unsafe due to the amount of traffic in this rural area. Community Development Director Jerry Herman suggested adding to the condition: "West of Madison Street or south of Airport Boulevard..... Under Madison Street or Airport Boulevard......." 37. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-053 recommending approval of Tentative Tract 29347 with deletion of the word "golf' and the addition of "Airport Boulevard" as an alternative street, and add "City directed State Approved Golf Cart Plan." 38. Commissioner Butler stated he did not want a golf cart plan. The applicant has mentioned he is going to use the equestrian trails for the golf cart path. In his opinion the tunnel is still the safest. 453 CAMy Documents\WPDOCS\PC7-13-99.wpd 8 008 Planning Commission Minutes July 13, 1999 39. Commissioner Tyler stated he has been following these golf cart plans and they have been highly successful. 40. Chairman Kirk asked legal counsel if they should vote on the second motion first and if approved the first motion is void. He restated the condition: a. Condition 441: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: Commissioner Butler, Robbins ABSENT: None. ABSTAIN: None. 41. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-054 recommending approval of Tentative Tract Map 29348, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 42. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 99-055 recommending approval of Tentative Tract Map 29349, as modified: a. Condition #41: "If a golf cart access is desired between the homes in this tract and the facilities within the PGA West campus west of Madison Street or south across Airport Boulevard, the access route shall be either a tunnel under Madison Street or Airport Boulevard, or a City directed State Approved Golf Cart Plan." 43. Commissioner Tyler asked if the applicant was required to build equestrian trails as part of the tract. Staff stated they are required to build the trail. ROLL CALL: AYES: Commissioners Abels, Tyler and Chairman Kirk. NOES: 454 Commissioners Butler and Robbins. ABSENT: None. ABSTAIN: None. CAMy Documents\WPD0CS\PC7-13-99.wpd 9 009 Planning Commission Minutes July 13, 1999 VI. BUSINESS ITEMS: A. Continued - Sign Application 99-466; a request of Airtouch Communications for approval of a deviation to an approved sign program to permit corporate signs for a new business located at 78-742 Highway I I I within the One Eleven La Quinta Shopping Center. Chairman Kirk asked for the staff report.. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Commissioner Abels asked why staff was recommending the letters on the sign be so close together. City Attorney Dawn Honeywell stated that staff had requested the applicant supply information regarding their registered trademark and why they were requesting the different sign. Based on that information, staff is recommending they be required to match what they supplied as their trademark. 4. Chairman Kirk questioned whether the material received was in fact their corporate design. City Attorney Dawn Honeywell stated staff had not researched it separate from what they submitied as their trademark. 5. Commissioner Abels stated that in their letter to the City, they state it is their registered trademark. Chairman Kirk stated it appears to be design guidelines. 6. Mr. Joe Richards, representing Airtouch, stated there is documentation that the copy is their corporate guidelines and several are on file as trademarks. They did however, agree with staff s recommendations. He went on to explain how the design had been arrived at. He noted two inconsistencies with staff s report: the acrylic faces are not opaque, they are illuminated and the returns are matte black based on staff s prior recommendation. 7. There being no further discussion, it was moved and seconded by Commissioners Butler/Abels to adopt Minute Motion 99-013, approving Sign Application 99-466, as recommended. Unanimously approved. B. Sign Application 99-468; a request of Imperial Sign Company for Dyson & Dyson for approval of a business identification sign for the property located at 50-981 Washington Street, within the La Quinta Village Shopping Center. 455 CAMy Documents\WPD0CS\PC7-13-99.wpd 10 010 Planning Commission Minutes July 13, 1999 1. Chairman Kirk asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Butler asked if the applicant could be required to paint over the word "restaurant" from the building. Staff stated it was a part of the Conditions of Approval. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. 4. There being no questions of the applicant, Chairman Kirk asked if the Commissioners had any comments. 5. There being no discussion, it was moved and seconded by Commissioners Butler/Abels to adopt Minute Motion 99-014 approving Sign Application 99- 468, as amended. Unanimously approved. a. Condition # 1: The area where the previous tenant's sign was installed shall be painted and holes filled prior to issuance of a sign permit. C. Site Development Permit 99-640; a request of Century -Crowell Communities for approval of architectural plans for two new and one revised prototype residential unit for the project located on the west side of Adams Street, north of the extension of Westward Ho Drive within Tract 23997-7 through 10. 1. Commissioner Butler withdrew due to a possible conflict of interest and withdrew from the dias. 2. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff and then asked about the deletion of the home office. from the plan. Staff stated it was to be eliminated as its use would require a three car garage. 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. 5. There being no questions of the applicant, Chairman Kirk asked if the Commissioners had any comments. 456 CAMy Documents\WPDOCS\PC7-13-99.wpd I 1 Oil Planning Commission Minutes July 13, 1999 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Minute Motion 99-015 approving Site Development Permit 98-640, as recommended/amended. 7. Commissioner Tyler voiced his objection to the same flat ridge line as what is existing there now. He asked that Century -Crowell develop some imagination in their architecture. 8. Commissioner Robbins stated that every time a Century -Crowell home is before the Commission, there is usually a problem with the number of bedrooms and/or garages. Century -Crowell needs to look at the City's ordinances and do their homework. 9. The motion was unanimously approved with Commissioner Butler being absent. Commissioner Butler rejoined the Commission. B. Master Design Guidelines 99-006; a request of Mumbil, Inc. for approval of Master Design Guidelines. Chairman Kirk asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler stated his objection to Plan I and asked to hear from the developer concerning it. 3. There being no further questions of staff, Chairman Kirk asked if anyone else would like to speak. Mr. Bill Howard, representing Mumbil, stated Plan I was unique. It is the same floor plan as Plan IA, but customized. Staff stated the one design could be deleted. 4. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Minute Motion 99-016 approving Master Design Guidelines 99-006, subject to the Findings and Conditions of Approval as submitted with the deletion of Plan 1B. Unanimously approved. E. Street Vacation 99-038; a request of Mr. D. McHattie for determination of General Plan consistency for portions of Avenida Alvarado at Avenida Montezuma. 1. Chairman Kirk asked for the staff report. Senior Engineer Steve Speer presented the information contained in the staff report, a copy of which is on 5 7 file in the Community Development Department. �t 012 C:\My Documents\WPDOCS\PC7-13-99.wpd 12 Planning Commission Minutes July 13, 1999 2. Chairman Kirk asked if there were any questions of staff. There being no questions of staff, Chairman Kirk asked if anyone else would like to speak regarding this subject. There being none, Chairman Kirk asked for Commission discussion. 3. Commissioner Robbins asked how close the City was to completing the street vacations. Staff stated there were probably 20-25 still remaining. If the homeowners are not willing to wait for the City, staff will bring them forward individually. Commissioner Robbins asked if there was a program to move all the street vacations forward at one time. Staff stated there was no money in the budget to do this. 4. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Minute Motion 99-017, finding that the vacation of this portion of Avenida Alvarado right of way is consistent with the adopted Circulation Element of the General Plan. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meetings of June 29th and July 6, 1999. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Abels to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held July 27, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:37 P.M. on July 13, 1999. Resp tfully submitted, B SAWYER; Executive Secretary City o La Ouinta, California • 013 CAMy Documents\WPDOCS\PC7-13-99.wpd 13 REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 27, 1999 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Kirk who asked for the roll call. B. Chairman Kirk requested the roll call. Present: Commissioners Jacques Abels, Richard Butler, Steve Robbins, Robert Tyler and Chairman Tom Kirk. Chairman Kirk asked Commissioner Robbins to lead the flag salute C. Staff present: City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. Il. PUBLIC COMMENT: A. Commissioner Butler passed out a bulletin from Guralnick & Gilliland, Attorneys at Law, regarding "Notice to Homeowners and Residents". Discussion followed regarding it content. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of June 22, 1999. Commissioner Robbins asked that on Page 1 under Consent Items A, the spelling of the word "the" should be corrected; Page 6, Item #3 correct the statement to read, "....60,000 trips per day or 5,000 per hour at peak flow..."; Page 7, Item #13 corrected to read, "Mr. Doctors stated that if there was heavy traffic in the right turn later on, the exclusive right turn lane would go away and they would flair it out more." Page 8, Item #21 change the word "experience" to "experiment". Commissioner Tyler asked that on Page 1, under Roll Call, the words "unanimously approved" should be removed. There being no further corrections, it was moved and seconded by Commissioners Robbins/Tyler to approve the minutes as corrected. Unanimously approved. B. Chairman Kirk asked if there were any corrections to the Minutes of July 13, 1999. Commissioner Robbins asked that Page 1, under Roll call City Attorney Dawn Honeywell was not listed as being present and she was present. Commissioner Tyler CAMy Documents\WPDOCS\PC7-27-99.wpd 1 ( 45;) Planning Commission Minutes July 27, 1999 asked that on Page 1, under roll call, the words "unanimously approved" should be removed; he asked that between Items B and C the statement he made concerning the reappointment of Commissioners Butler and Robbins by the City Council should be added; Page 2, Item 7, where it references Condition #44, it should state it was for Tentative Tract 29306; Page 9, correct the numbering order; Page 11, Item #5 correct it to read "Chairman Kirk". Commissioner Abels asked that the lettering under "Call to Order" be corrected. There being no further corrections, it was moved and seconded by Commissioners Robbins/Tyler to approve the minutes as corrected. Unanimously approved. C. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 99-384 and Conditional Use Permit 99-045; a request of Nextel Communications for approval to install a 50 foot tall wireless radio communications monopole with up to 15 panel antennas designed to resemble a palm tree and related equipment shelter located at 47-950 Dune Palms Road. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Leslie Mouriquand presented the information contained in the staff report, copies of which are on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if Desert Sands Unified School District had approved the plan. Staff stated a letter had been received from DSUSD approving the installation. 3. Commissioner Robbins asked if there was a potential for one of the real palm trees to interfere with the radio signals. Staff referred the question to the applicant. 4. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Barbara Saito, representing Nextel Communications, stated that since this is such a new product there is no history on how it will hold up. If, in the future, they find the trees do interfere with the transmission, they will remove them and replace with smaller trees. They would not object to a condition being added requiring them to do so. 5. Commissioner Butler stated he had been to their site on Cook Street and was very impressed. His concern is who maintains the pole in perpetuity. Even though he is very impressed with the example, he does not want a shabby CAMy Documents\WPDOCS\PC7-27-99.wpd 2 A 6 n `t tj 002 Planning Commission Minutes July 27, 1999 tower in the future. He asked if there was any type of a maintenance agreement to maintain the structure. Ms. Saito stated they would accept a condition requiring them to maintain it as it is when installed. As this is a new product, there is no way of knowing the life span of the materials, but they will accept a condition regarding the maintenance. 6. Commissioner Tyler asked the applicant about the operating frequency. Ms. Saito stated it was an 850 band. Commissioner Tyler stated he had never seen a square palm tree trunk and asked if it could be rounded. Ms. Saito stated the designers are working to round the edges. Their point is to make it appear to be invisible, but if it can be rounded and not affect the structurally capability, they have no objection. 7. Commissioner Abels asked if this tower was for Nextel customers only. Ms. Saito stated yes, because of its design it lends itself to only one carrier. They would make their site available to other carriers, but they would have to apply to the City for a different design. 8. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 9. There being no further discussion, Chairman Kirk closed the public participation of the hearing and opened the issue for Commission discussion. 10. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 056 recommending certification of Environmental Assessment 99-384. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 11. There being no discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99-057 recommending approval of Conditional Use Permit 99-045, as modified: a. Condition #5: The monopole shall be maintained to the design standards as approved. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 99-385, Specific Plan 99-037 and Site Development Permit 99-654; a request of The Spanos Corporation for certification of an Initial Study/EIR Addendum for Environmental Assessment 99-385 and recommendation CAMy Documents\WPDOCS\PC7-27-99.wpd 3 003 0 3 461 Planning Commission Minutes July 27, 1999 for approval of development standards and design guidelines for a 200 unit apartment complex on 14.1 acres in the Regional Commercial Zoning District, and building elevations and development plans located on the east side of Adams Street and north of 48' Avenue. 1. Commissioner Tyler stated that a project for this applicant across the street from this project, had been approved by the Planning Commission a few months ago and to date had not been approved by the City Council. To him it seemed strange that the Commission would be reviewing this project when the future of that project had not been resolved. 2. City Attorney Dawn Honeywell stated that what is happening on an alternative site is not before the Commission. This is a separate project and is to be reviewed on its on merit. It has no bearing on what is happening before the City Council. 3. Commissioner Kirk opened the public hearing and asked for the staff report. 4. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 5. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked if this was the same design as before. Staff stated the building elevations are similar. City Attorney Dawn Honeywell pointed out the density is 14 units per acre where the other project is 16 units per acre. 6. Commissioner Robbins asked if the open parking areas on the streets counted as open space. Staff stated no, it is passive and active recreational open areas only. It is not the drive aisles. 7. Commissioner Butler asked about the change from 160 units to 200 units, the addition of 10 percent affordable units, and if it counted towards the City's housing requirements. If so, why can't the condition be left at 10 percent for additional credit. Staff stated the applicant has requested 10 percent and there are covenants that will count toward the City's requirement. City Attorney Dawn Honeywell stated the 20 units will count toward the City's requirement to provide affordable housing. To require additional units would cost the City additional money. 8. Chairman Kirk asked if the previous application included a request to remove the requirement for affordable units. Staff stated that was correct, the old approval was prior to the City's Housing Element being adopted, there was C:\My Documents\WPDOCS\PC7-27-99.wpd 4 462 (� 004 Planning Commission Minutes July 27, 1999 a stipulation requiring a certain amount of affordable housing be provided and the applicant was asking to have that stipulation removed as the Housing Element had been adopted. 9. Commissioner Tyler asked if this project abuts the southerly border of the Auto mall. Staff stated that is correct. 10. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Emily Hemphill, attorney for the applicant, stated there was a project previously approved for the other side of the street and as it was very a controversial, The Spanos Corporation is working with City staff attempting to move the project to this new site. The project will be built at one of the two locations; it will be one or the other; not two projects. She went on to state this project was structured considering the concerns that had been raised by adjoining residents on the previous project. They have met with residents from Lake La Quinta and Rancho La Quinta to view this site plan and they offered comments which were very favorable. It is also correct that the original project did not have an affordable housing component. As this site is larger and less dense it will allow them to build more units which gives the opportunity to provide affordable units. She then raised their concerns regarding the Conditions of Approval: Page #33, Exhibits 5 & 9 is not correct, the actual difference between the grading of this site and what is projected on the auto mall site is only a two foot difference. They would like to suggest that the developer be required to work with staff so this site and the auto mall site are at compatible grade. The wall will be either six or eight feet above grade and they would deal with the differences in grade either by building a retaining wall of an appropriate height, or a slope easement depending upon what the level of difference is between the two sites. Condition #71, regarding the landscaping planters, their concern is that in order to pull into the garage you have to enter from the left of the planter which is the wrong side of the street. They would suggest the developer be required to work with staff to design a planter that is not going to cause a problem with the Fire Department, or tenant to drive on left side of the road to get into their garage. Condition #73: regarding them to build a bus turnout on Adams street, in their opinion this is sandwiching too much activity into the area. They would suggest a turn out further north on Adams Street. Condition #84: they meet this requirement everywhere on the site except at the entrance when you drive in the gate at the card reader where it is reduced to 15-feet. They would request the developer be required to work with the Fire Department to locate the card key in a location that works for the tenants and yet wide enough to allow the fire trucks to enter. For clarification, the apartment count is 200 units, 72 are one bedrooms and 128 are two bedrooms. CAMy Documents\WPDOCS\PC7-27-99.wpd 5 463 0 O Planning Commission Minutes July 27, 1999 11. Chairman Kirk asked staff to address the concerns raised by the applicant. Senior Engineer Steve Speer stated that in regard to the elevation differential, he had conferred with the engineer for the auto mall and they are expecting to have a five foot differential at some points and a four to five foot elevation differential in other areas, and a two foot difference at the rear. 12. Chairman Kirk asked staff to address Condition #71. Planning Manager Christine di Iorio stated she agreed with applicant. 13. Chairman Kirk asked staff to address Condition #49: Planning Manager Christine di Iorio stated Sunline Transit had made a recommendation in their letter for amenities for a future transit site. At the present time there is no service being provided to this location. 14. Chairman Kirk asked staff to address Condition #84. Senior Engineer Steve Speer stated that if the Fire Department concurred, staff has no objection. 15. Commissioner Tyler asked if the traffic around the driveway was one way or two way. Ms. Hemphill stated it was two way. Commissioner Tyler asked about the recreation area at the front of the project; who is it to be used by. Ms. Hemphill stated it is for the residents of the facility and went on to explain the amenities. Commissioner Tyler stated his concern was three driveways on an Primary Arterial street. The General Plan encourages minimizing the number of direct access driveways. The previous project had only one driveway off Avenue 47. This project is suggesting three and one is only for access to the sales and recreational building. He is going to suggest eliminating the middle driveway to allow for a bus turnout. Ms. Hemphill stated their ability to loop around is as much for fire safety as well as convenience for tenants to have access to both sides of the project site. This is a gated community therefore access to the sales office needs to be in a manner that retains the security of the tenants. 16. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Ms. Christine Clarke, representing Stamko Development, developer for the adjacent auto mall, stated she had obtained the grading plan for this project and disagreed with its design. As she did not agree with the drainage she refused to allow them to do the grading they requested on her property. The drainage of the auto mall is to the southeast corner into the commercial site of the property. Their drainage is just the opposite because their retention is at the front of the project. She does not see a two foot difference, but a four feet differential at Adams Street. Their typical driveway cross section is confusing. There are three Section A's. They are only showing the driveway, they are not showing Section "A" running in from their property which, since she has told them C:\My Documents\WPDOCS\PC7-27-99.wpd 6 464 006 Planning Commission Minutes July 27, 1999 they cannot grade on her property, she does not know how they are going to get there, so they are not showing the surrounding property coming into the driveway. It is not a compatible project. It is nice that they met with residents from Lake La Quinta and Rancho La Quinta, but they did not meet with her who directly abuts their property. The project setbacks are on Adams Street and Highway 111. If the Auto Mall stores cars in the rear of their property, they are going to be very concerned about this project's wall as they do not want vandalism from this project. At the present time, she is not comfortable with the submittal. 17. There being no further questions, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 18. Commissioner Robbins stated there were several places where the Specific Plan and conditions are in conflict. Page 13 of the Specific Plan, landscape plans, one statement says, "any incremental increase in storm water will be retained on the property" this is in conflict with the conditions that states all 100-year storm water will be retained on site. Page 17-flood control, states "development of property will include provisions to conduct storm water to these channels." This refers to moving storm water off -site where the next paragraph states the water will be retained on site. Page 21, the last paragraph refers to Palm Desert Waste and should be Waste Management of the Desert. His biggest concern is access. He concurs that three driveways are too many and something could be done to reconfigure this site and eliminate one of the access points. His concern is the left turn in for those going south on Adams Street. Most of the tenants will be coming from Highway 111 and it does not appear there will be enough stacking space. In Condition #28, why is phasing discussed as the project is to be built out with no phasing. This needs to be deleted. Condition #52, the last sentence does not make any sense and should be deleted. Condition #53, regarding access, the second sentence should be changed to left in, right in, right out. 19. Commissioner Butler asked if the plan called for only one left turn lane. Commissioner Robbins stated yes. Commissioner Butler asked if this was increased to accommodate more cars would that be sufficient. Commissioner Robbins stated it should be increased to accommodate the number of cars that would be traveling through there at peak times. 20. Commissioner Butler stated that in regard to the elimination of the middle driveway which gives access to the sales office and parking for the recreation building, he presumes this will also provide guest parking, as there are only two spaces per unit. He cannot see how it will work without creating a bigger CAMy Documents\WPDOCS\PC7-27-99.wpd 7 467) 007. Planning Commission Minutes July 27, 1999 problem. Commissioner Robbins stated guest parking is to be on -site. You may have to move the remaining driveway(s) or the retention basin, but they can retain the same amount of volume while deleting one driveway. 21. Commissioner Butler asked if the bus turnout could be moved if the applicant paid for it. Staff stated it is written as a recommendation for amenities, it is not a requirement as Sunline Transit has not identified a need for a bus turnout to be installed at this time. 22. Commissioner Tyler stated that in regard to the third driveway, the Commission is to uphold City documents that control development of the City; one being the General Plan and it specifically states the City shall restrict individual access on Major and Primary Arterials wherever possible. This section of Adams Street is a Primary Arterial and if the Commission is doing its job, he does not understand how they can approve three driveways for this one tract. The same situation applies to the southern driveway. The Circulation Plan states that for a Primary Arterial you will have a signalized intersection or right in/right out only. It does not give an option. There may eliminate a signal, but can the Commission waive the General Plan requirements without a General Plan Amendment. City Attorney Dawn Honeywell stated she was not sure they were asking for them to be waived. There needs to be clarification as to what the General Plan requires. She assumes the staff report makes a finding for consistency with the General Plan requirements. Commissioner Tyler stated his position was that if they are in direct opposition to the General Plan, how can it be in compliance. 23. Commissioner Tyler stated that in the noise study it states mechanical ventilation shall be installed on the units facing Adams Street to meet City Noise Ordinance; what is a mechanical ventilation unit? Staff stated they would have to talk with the noise consultant. Ms. Hemphill stated this was written by a consultant and regardless of what it is, the units will all have central air conditioning. 24. Commissioner Tyler stated the staff report refers to the developer as being given relief from paying parkland fees and in the Specific Plan it states the developer will pay the fees. City Attorney Dawn Honeywell stated she assumes they are reading the City's Subdivision Ordinance which states that if they are not subdividing the property into more than five parcels they are not required to pay the fees. Commissioner Tyler stated it does not say this, it states generally which gives the City latitude to impose or not impose fees. Discussion followed regarding the parkland fees. CAMy Documents\WPDOCS\PC7-27-99.wpd 8 466 008 Planning Commission Minutes July 27, 1999 25. Commissioner Tyler questioned Page 18 of the Specific Plan regarding a statement that has to do with the availability of electricity being run to support the CVWD well site and asked what would happen if the timing is such that this project needs electricity and CVWD has not gotten around to developing that site. Commissioner Robbins stated CVWD will install the power when a well is constructed. If the development goes first and CVWD has not, they will have to put it in or wait for CVWD to install it. The developer will work with power companies to meet the demand. 26. Commissioner Butler stated the property owner to the north has a valid point in regard to the grade differential and it needs to be resolved by all three parties: this applicant, the property owner to the north, and the City. 27. Chairman Kirk stated what may have been lost in the discussion so far, is that this is a good project on a better site and he applauds the applicant on the design. There are some significant issues to be resolved regarding traffic and grading and asked staff about the stacking issues; what are projections for a left turn in? Senior Engineer Steve Speer stated a traffic study has been completed and staff has an anticipation of what the turning movements will be going southbound and making the left turn in. There is enough room to create a significant left turn pocket. He then went on to explain the traffic flow on Adams street. What staff is trying to do in the General Plan is to cut down on the number of signals that cause delays on Arterial streets to allow residents to get around in an efficient manner. The most dangerous movement on a site is the left turn out lane. They have to cross two or three lanes of traffic and enter the fast lane. By restricting the left turn out, you cut out the need for a signal. 28. Commissioner Tyler asked if Lake La Quinta had a full turn access. Staff stated it has. Commissioner Tyler asked if 47' Avenue will have a signal at this location. Staff stated it is a "T" intersection right now but when the auto mall is built out it will extend the fourth leg to the intersection and it may be signalized in the future. 29. Chairman Kirk asked about the number of entrances into the site as it appears to be an issue. 30. Commissioner Robbins stated it should be an easy design change for the applicant. 31. Commissioner Kirk noted the previous project on 47t' Avenue had only one entrance and they were able to accommodate multiple purposes. He asked the applicant if staff were to eliminate the one entrance, would it cause them a problem? Ms. Hemphill stated they would rather have it, but if that is a concern of the Commission, they will accommodate it. CAMy Documents\WPDOCS\PC7-27-99.wpd 9 467 009 Planning Commission Minutes July 27, 1999 32. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 99- 058 certifying an Initial Study/EIR Addendum for Environmental Assessment 99-385. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99-059 recommending approval of Specific Plan 99-037, as modified: a. Specific Plan Text Amendment Conditions of Approval changes: 1. Parkland fee shall be required for this project (deleted staff's comments). 2. Exhibits 5 and 9: If a grade differential between properties is less, the developer shall work with City staff to reduce the height of the retaining wall. 3. Page 13, Section 2.10.3: delete the second sentence. 4. Page 17, Section 2.40.3: delete the third sentence. 5. Page 21, Section 2.50.4: change Palm Desert Waste Management to Waste Management of the Desert. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 060 recommending approval of Site Development Permit 99-654, as modified: a. Condition #28 deleted. b. Condition #52 - delete the last sentence. C. Condition #53 - change left out to right in. d. Condition #71 - applicant to work with staff to provide appropriate size of landscaping planters to not conflict with turning movements into and out of garages at the northeast and southeast corners of the property. e. Condition #84 - the street width is subject to Fire Department approval. f. Add new condition: requiring the middle driveway to be eliminated. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. CAMy Documents\WPDOCS\PC7-27-99.wpd 10 468 01.0 Planning Commission Minutes July 27, 1999 C. Specific Plan 94-026 - First Time Extension; a request of Travertine Corporation for approval of a time extension of development standards and design guidelines for a master planned community of 2,300 dwelling units, 500 room hotel and other commercial uses oriented around two 18-hole golf courses on 909.2 acres for the property located on the south side of 60' Avenue, north of 64" Avenue and west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff reports, copies of which are on file in the Community Development Department. Staff noted an additional condition was being recommended regarding golf cart access across Jefferson Street. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler questioned the numbering on Condition #3 on Page 7 of the staff report, Staff stated it would be corrected. Commissioner Tyler questioned Item #7 on Page 7 of the staff report in that all the areas suggest an addition of another condition for various types of homes and under the Villas development standard, 415 is added which pertains to any residential development shall be subject to review by the Planning Commission, but the Villas permitted use includes some nonresidential uses and he is wondering what review they will be required to go through. Staff stated commercial uses would be added. Commissioner Tyler questioned Page III-9 and asked if the Villa development occurs only in the VR-1 and VR-2 areas. Staff stated this is their proposal. Commissioner Tyler questioned Page III-212 of the Specific Plan where it describes the permitted uses of the commercial zones. It lists 65 potential uses and none of which are applicable to this type of development and wouldn't it be better to delete this portion and refer only to what the Zoning Codes allows for commercial development. Staff stated this is recommended and contained in Condition #9. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Shaw, Winchester Development Company, representing the applicant, stated they had received the proposed condition regarding the tunnel and would like to request the additional wording "as necessary" and then they would have no objection. If a golf cart needs to cross Jefferson Street, they will provide the tunnel; but, if they reroute the golf paths so they did not have to cross Jefferson Street, they do not want to be required to construct a tunnel. 4. Mr. Shaw asked if the time extension was indefinite. Staff stated there is no time limit on the Specific Plan. 5. Commissioners commended the applicant on the project and stated they looked forward to seeing its development. 469 69 O11 CAMy Documents\WPDOCS\PC7-27-99.wpd 11 Planning Commission Minutes July 27, 1999 6. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. 7. There being no questions, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 8. Commissioner Tyler stated that by taking out the long list of permitted uses and development standards for the commercial zones it alleviates most of his concerns. 9. Commissioner Robbins noted in the Specific Plan, Page 4-2 the first paragraph regarding water, the last sentence should be changed to "...per CVWD regulations and standards" not "City" for water lines and the same for paragraph C, the next to the last sentence should be changed to CVWD. Condition #46 is not necessary and should be deleted, but regardless the correct name for the channel should be Coachella Valley Stormwater Channel. Lastly, in the last sentence correct the wording to read: "...and methods of treatment." 10. There being no further discussion, it was moved and seconded by Commissioners AbelsButler to adopt Planning Commission Resolution 99- 061 approving a one year time extension for Specific Plan 99-026 with the following modifications: a. Condition #7: add the word "nonresidential". b. Changing the wording in the Specific Plan regarding water and sewer service from City to CVWD. C. Condition #46: Delete or corrected to read Coachella Valley Stormwater Channel. C. Add condition: A recreational amenities pedestrian/golf cart tunnel(s) shall be constructed under Jefferson Street to enhance access. 11. Commissioner Tyler asked legal counsel the difference between requiring a tunnel on this tract map application before them at the last meeting and the requirement for a tunnel on this project. City Attorney Dawn Honeywell stated the prior project was a tract map and this is a specific plan. In a specific plan you are providing the basis for the development and can require a tunnel. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. CAMy Documents\WPDOCS\PC7-27-99.wpd 12 470 012. Planning Commission Minutes July 27, 1999 VI. BUSINESS ITEMS: A. Master Design Guidelines 99-007; a request of Jack Clark, Jr. for approval of Master Design Guidelines. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Robbins asked what the sketch with the setbacks, contained in the Guidelines, has to do with the project. Planning Manager Christine di Iorio stated it shows the varying setbacks for the homes to be constructed. 3. Commissioner Butler asked why the laundry facility could not be in the garage instead of on the back of the house. Mr. Jack Clark stated it was. The closet on the outside of the house is not a laundry room, but the FAU closet. 4. Commissioner Tyler asked why the air conditioning unit is placed next to the bedrooms. Mr. Clark stated it was the only place with enough space to allow the construction of a screen wall. 5. There being no further questions of staff, Chairman Kirk asked if anyone else would like to speak. There was no further public comment. 6. Chairman Kirk stated he was concerned about the quality of the Guidelines being submitted. They appear to be one floor plan with three elevations and he is not even sure there is anything that can be done regarding this. He recommended staff prepare standards for the applicants to follow when submitted their Guidlines. 7. Commissioner Robbins stated the Guidelines need some type of text to give more information on what is being submitted. 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Minute Motion 99-018 approving Master Design Guidelines 99-007, subject to the Findings and Conditions of Approval as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioners discussed the "Notice to Homeowners & Residents" distributed by Commissioner Butler at the beginning of the meeting. 471 013 CAMy Documents\WPDOCS\PC7-27-99.wpd 13 Planning Commission Minutes July 27, 1999 B. Commissioner Tyler gave a report on the City Council meetings of July 20, 1999. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held August 24, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:09 P.M. on July 27, 1999. Respectfully submitted, B TT AWYER, ecutive Secretary City of La Quinta, California 472 CAMy Documents\WPDOCS\PC7-27-99.wpd 14 014 REPORT/INFORMATIONAL ITEM: -& MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA June 17, 1999 This meeting of the Historic Preservation Commission was called to order by Chairman Robert Wright at 3:31 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Barbara Irwin, Mike Mitchell, Maria Puente, Judy Vossler, and Chairman Robert Wright. Staff Present: Planning Manager Christine di Iorio, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Irwin/Vossler to approve the Minutes of May 27, 1999, as submitted. Unanimously approved. V. BUSINESS ITEMS A. Environmental Assessment 98- 367: Cultural Resources Reconnaissance and Review of a Cultural Resources Reconnaissance for the La Quinta Resort and Club Real Project located at the northwest intersection of Eisenhower Drive and Avenida Fernando, north of the La Quinta Resort and Club. Applicant: Landaq Incorporated. Archaeological Consultant Joan C. Brown for RMW Paleo Associates, Inc.; Review Archaeological Consultant Donn Grenda for Statistical Research, Inc. Commissioner Vossler withdrew from the meeting due to a possible conflict of interest. 2. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 3. Commissioner Mitchell thanked staff for their report and stated this report did not have any terms regarding curation agreements, nor did it list the artifacts collected. He then asked if the artifacts belonged to the land holder or if the CAMyDocuments\WPDOCS\HPC6-17-99.wpd -1- 473 Historic Preservation Commission Minutes June 17, 1999 City had a curation agreement in place. The City should require some form of a curation agreement to know the destination of the artifacts. In addition, the report states the Salton Sea separates the Imperial Valley from Coachella Valley and he is uncertain how that can be. 4. Chairman Wright introduced Mr. Ronald Bissell, Registered Professional Archeologist with RMW Paleo Associates, who clarified he is a third owner of RMW and Joan Brown is their employee. He was involved in the report and the technical qualifications are the same. He then went on to state what was found on the site and elaborated on their recommendation. He questioned the review completed by Statistical Research Incorporated (SRI) in that Donn Grenda of SRI did not note any site visits and depended on what was found in their (RMW) report. Mr. Grenda concludes the four prehistoric sites are not worthy of test excavation and recommends no further research on the four sites. He questioned his reasoning for this recommendation and stated their conclusion that the lack of surface artifacts is evidence there would be no subsurface artifacts. This is faulty reasoning. Mr. Grenda based his conclusion on a study at March AFB which is a different environment and culture. He has done several excavations where there was very little surface indication that wound up having very complex subsurface deposits. These sites all had one thing in common; they are located in areas of definition, not erosion. Which is another area of disagreement with Mr. Grenda; his perceived lack of sediments. The sites are surrounded by sediments. There could be buried material. Mr. Grenda stated one potsherd was found when two were found. His biggest disagreement with Mr. Grenda is where he refers to one particular site, CA-RIV-6178, and states: "the sandy area south of the feature could contain buried artifacts." This is exactly the same conclusion they reached and Mr. Grenda is here making the same recommendation. In summary, no one can say whether or not there are any buried artifacts at the sites. If you do not accept the test excavations to go with the sites, and there is a buried deposit, the chances are very good they will be totally lost. In regard to the question as to why this could not be done during monitoring, it is impossible to remove the dirt with a backhoe/scraper in increments small enough to detect the artifacts. If Mr. Grenda's recommendation is followed, archaeological data could be destroyed. With their recommendation for minimal test excavation there will be a marginal increase in cost, but there is a better chance of determining whether or not there are any artifacts. 5. Commissioner Mitchell asked if they had spoken with SRI regarding their differences in opinion. Mr. Bissell stated they had not had the time as they had just received the report. Commissioner Mitchell asked if he would have any objection to shuttle test probes. Mr. Bissell stated they suggested controlled excavation in conjunction with a backhoe. 474 002 CAMy Documents\WPDOCS\HPC6-17-99.wpd -2- Historic Preservation Commission Minutes June 17, 1999 6. Planning Manager Christine di Iorio stated RMW was requested to supplement their report with the inclusion of research design question that would justify the reason for a Phase II study. When asked for this information, staff was told by RMW that this is their recommendation and nothing would be added to the report. This is why SRI was asked to prepare the review. The City did not ask SRI to go out to the site due to budget constraints. 7. Mr. Bissell stated they do modify their reports when asked by the agency/company when something is missing or the client believes it is weak. He questioned who would have made that statement from his office. Staff stated they were working with the City's consultant. Mr. Bissell stated there must have been some mis-communication. 8. Commissioner Irwin stated that considering the location, it is obvious from the surface that the "pot hunters" have been there and she is amazed anything was found. She definitely wants to see the site monitored as construction continues. She agrees with staffs recommendation. She asked if any shovel testing would take place. Staff stated the recommendation called for the first report to prepare the record and form. However, as the summary did not provide the justification for the need of additional testing and the City's consultant did want this information as part of the study, staff requested the second study. In doing the second study, the archaeologist did not visit the site, but used the forms from the first report to make the determination regarding the issues to be addressed. The recommendation in the peer review was to not follow through with Phase II for the prehistoric site, and only do the Phase II for the historic sites. Staff s recommendation agrees with the peer review. 9. Commissioner Mitchell stated he agreed with Mr. Bissell that grading is the worst form of excavation to expose subsurface material. However, he does not agree with a lot of controlled excavation as it is very expensive and does not expose as much of the subsurface as a shovel or auger. He concurs with staff s recommendation. 10. Mr. Bissell stated there are four archaeological_ sites that are in areas, or immediately adjacent to areas that have active definition. There could be artifacts in the sandy subsurface. They are recommending a minimal amount of testing to determine if there is anything below the sites. Mr. Grenda recommended only monitoring and that could destroy anything that would be below the subsurface. 11. Chairman Wright clarified the concern was only regarding the four prehistoric sites. 475 003 CAMy Documents\WPDOCS\HPC6-17-99.wpd -3- Historic Preservation Commission Minutes June 17, 1999 12. Commissioner Puente asked if expense was the issue. Mr. Bissell stated no, as the cost would be minimal. If a significant amount of material is found, they will come back with a recommendation for data recovery prior to grading. Where it could become expensive from the developers standpoint, is if an archeological site is found during monitoring and he has to stop his equipment while the site is explored. By doing the testing first, it prevents delays. 13. Commissioner Puente asked for staff s opinion. Staff stated the peer review provided the justification and did not recommend testing of the milling sites, but monitoring. 14. Chairman Wright stated he concurred with staff s recommendation. 15. There being no further questions, it was moved and seconded by Commissioners Wright/Irwin to adopt Minute Motion 99-017 accepting staffs recommendation. 16. Commissioner Mitchell suggested testing for intact prehistoric deposits be. added to the recommendation. Commissioner Puente agreed. 17. Chairman Wright stated he agreed with staff. Commissioner Irwin stated that since the City has had such good luck in the past with monitoring, she would stand with the motion as made. 18. Commissioner Puente asked what the cost would be for the Phase II excavation. Staff stated it would have to be given to the consultant for his review and determination. 19. Commissioner Irwin asked if Commissioner Mitchell wanted all the sites tested. Commissioner Mitchell stated he was concerned only with areas that possible could have subsurface impact. If there are substantial areas of sand deposition, he would like to have them tested. 20. Chairman Wright stated the site has been scavenged extensively and the milling site is next to the mountain and he cannot see how a scraper could work in that cove without tearing everything up. 21. Discussion followed regarding any potential development of the site and what equipment would be used on the site. 22. Chairman Wright moved to accept the report as recommended by staff. Commissioner Irwin seconded the motion. The motion passed unanimously 4 7f) with Commissioner Vossler absent. 004 CAMy Documents\WPDOCS\HPC6-17-99.wpd -4- Historic Preservation Commission Minutes June 17, 1999 Commissioner Vossler rejoined the Commission. B. Environmental Assessment 99-383: Archaeological Assessment of Specific Plan 99- 036 and Tentative Parcel Map 29351; located northwest of the intersection of Highway III and Dune Palms Road. Applicant: Troll-Woodpark Company. Archaeological Consultant Bruce Love for CRM Tech. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Puente asked if a final report would be submitted. Staff stated it would be prepared and submitted to the Commission. Commissioner Irwin stated she wanted the five items done as outlined in the report. 4. Commissioner Vossler supported staff s recommendation. Commissioner Mitchell and Chairman Wright concurred. 5. There being no further questions, it was moved and seconded by Commissioners Puente/Mitchell to adopt Minute Motion 99-018, accepting the report as recommended by staff: C. Environmental Assessment 99-382: Archaeological Assessment of Tentative Tract 29288 and Conditional Use Permit 99-044; located northeast of the intersection of Adams Street and Miles Avenue. Applicant: Mark and Dorothy Hastings for First School of the Desert. Archaeological Consultant Bruce Love for CRM Tech. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin stated the property appeared to have a catch basin and asked if a study was done when Miles Avenue and Adams Street were constructed. Planning Manager Christine di Iorio stated that when the record search was completed, nothing was found. The only sites recorded were not found in this area. Staff does not know how much land was moved at the time, and no studies were completed for the streets that long ago. There being no further comments, it was moved and seconded by Commissioners Puente/Vossler to adopt Minute Motion 99-019 to accept the report as recommended by staff. Unanimously approved. 477 CAMy Documents\WPDOCS\HPC6-17-99.wpd -5- 005 05 Historic Preservation Commission Minutes June 17, 1999 C. Interim Report on a Portion of the Phase I Archaeological Survey; located at the southeast corner of Washington Street and Miles Avenue. Applicant: City of La Quinta Redevelopment Agency. Archaeological Consultant James Brock and Brenda D. Smith for Archaeological Advisory Group. 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. There being no comments, it was moved and seconded by Commissioners Mitchell/Puente to adopt Minute Motion 99-020 accepting the report as recommended by staff. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS: A. Planning Manager Christine di Iorio explained some if the items received in their packets. B. Commissioner Irwin asked if the Curation Report would be on the next agenda. Staff stated they anticipated the Commission's review of the document at the September meeting. C. Commissioner Irwin asked if the next meeting could be on July 8, 1999. Discussion followed as to summer meeting schedules. It was recommended to go dark in July with a regular meeting in August. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Irwin/Puente to adjourn this meeting of the Historic Preservation Commission to the next regularly scheduled meeting of the Historical Preservation Commission on August 19, 1999. This meeting of the Historical Preservation Commission was adjourned at 4:35 p.m. June 17, 1999. Unanimously approved. Subm'tted by: tty wyer Executive Secretary W 0� CAMy Documents\WPDOCS\HPC6-17-99.wpd -6- 006 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 7, 1999 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:15 a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: -Bill Bobbitt and Dennis Cunningham. It was moved and seconded by Committee Members Cunningham/Bobbitt to excuse Committee Member Reynolds. Unanimously approved. C. Staff present: Principal Planner Stan Sawa and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Principal Planner Stan Sawa asked if there were any changes to the Minutes of June 2, 1999. There being no corrections, it was moved and seconded by Committee Members Bobbitt/Cunningham to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 98-640; a request of Century -Crowell Communities for approval of architectural plans for one new and two revised prototype residential units for Tract 23995-7 through 10 on the west side of Adams Stret, north of the extension of Westward Ho Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked if staff was requesting additional hip roofs. Staff stated there were no recommendations. 479 C:\My Documents\WPDOCS\ALRC7-7-99.wpd Architectural & Landscape Review Committee July 7, 1999 3. Committee Member Cunningham asked if trim bands were being added to the windows. Staff stated they were being required to add the trim bands and the popouts. 4. Committee Member Bobbitt asked why the applicant was deleting their Plan 1. Staff stated the market was demanding larger units. 5. Committee Member Cunningham stated this was creating a good cross section of homes to meet the market demand. 6. Ms. Marry Butler, representing the applicant, presented the color board. 7. Committee Member Bobbitt asked if they would be using the barrel or flat roof tile. Ms. Butler stated they would be using the "S" the with some flat. 8. Staff stated that on Plan 3 and 3F the applicant would have to delete the office option. Discussion followed regarding the Plan 3 and 3F optional rooms and when a third car garage was required. 9. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 99-016 recommending approval of Site Development Permit 98-640, subject to conditions as recommended. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None V. COMMITTEE MEMBER ITEMS: None VI. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Cunningham/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to the next regular meeting to be held on August 4, 1999. This meeting was adjourned at 10:33 a.m. on July 7, 1999. Resp ctfully submitte , TY WYER, Executive Secretary City of La Quinta, California R-Orl C:\My Documents\WPDOCS\ALRC7-7-99.wpd 2 002 DEPARTMENT REPORT: c&t!t 4 4 Q" TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: September 7, 1999 RE: Department Report - Response(s) to Public Comment The following is the response to public comments made at the August 3, 1999 City Council meeting: 1. Mr. Mike Smith, 78-760 Runaway Bay, Bermuda Dunes, addressed the City Council on behalf of Lundin Development Company and Lucky Stores regarding undergrounding of electrical power lines. • Staff met with Mr. Smith regarding this issue, and information on this item is in the Community Development Department's Department Report included with this agenda packet. 2. Mr. Eric Affeldt, 79-125 Coyote Creek, and Mr. Forrest Haag, 49-999 Eisenhower Drive, both of KSL Desert Resorts, Inc., addressed the City Council requesting an "at risk" foundation -only permit for construction of the Greg Norman Golf Course clubhouse at PGA West. • At the evening session of the City Council meeting on August 3, it was determined that the City does not have a procedure to effectuate the request. Subsequent to the meeting, the clubhouse plans have gone through the first round of plan check with the Building & Safety Department and have been returned to the applicant for corrections. Once the plans are approved, the Building & Safety Department will be able to issue a foundation -only permit at the applicant's request. 481 DEPARTMENT REPORT: C. / CITY COUNCIUS UP -COMING EVENTS SEPTEMBER 2 MAYOR'S LUNCH SEPTEMBER 4-5 LA QUINTA RESORT & CLUB MARIACHI FESTIVAL SEPTEMBER 7 CITY COUNCIL MEETING SEPTEMBER 13 2ND ANNUAL MAYOR'S CUP GOLF CHALLENGE SEPTEMBER 13 LEAGUE OF CALIFORNIA CITIES, RIVERSIDE COUNTY DIVISION GENERAL MEETING IN HEMET SEPTEMBER 16 QUARTERLY SUPERVISOR'S BREAKFAST SEPTEMBER 21 CITY COUNCIL MEETING SEPTEMBER 22 CHAMBER MIXER AT THE BEER HUNTER OCTOBER 1 OCTOBER 5 OCTOBER 9 OCTOBER 10-12 OCTOBER 19 NOVEMBER 2 NOVEMBER 2 NOVEMBER 4 MAINSTREET MARKETPLACE CITY COUNCIL MEETING CITYWIDE CLEAN-UP DAY ANNUAL LEAGUE CONFERENCE IN SAN JOSE CITY COUNCIL MEETING CITY COUNCIL MEETING ELECTION DAY MAYOR'S LUNCH NOVEMBER 5 MAINSTREET MARKETPLACE NOVEMBER 16 CITY COUNCIL MEETING NOVEMBER 26-28 LEXUS CHALLENGE AT CITRUS COURSE DECEMBER 3 MAINSTREET MARKETPLACE DECEMBER 7 CITY COUNCIL MEETING DECEMBER 21 CITY COUNCIL MEETING JANUARY 4 JANUARY18 JANAURY 19-23 FEBRUARY 4 CITY COUNCIL MEETING CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC MAINSTREET MARKETPLACE MARCH 3 MAINSTREET MARKETPLACE MARCH 16-19 LA QUINTA ARTS FESTIVAL MARCH 31 MAINSTREET MARKETPLACE Updated: September 3, 1999 September 1999 Monthly Planner .. ... .. .. .. .. ..tto m*. 1 2 3 4 ugust 12:00 PM S M T W T F S Mayor's Lunch 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 5 6 7 8 9 10 11 HOLIDAY 2:00 PM City 9:00 AM RCTC- 12:00 PM CVAG Council Meeting Pena Energy/Envi.- 5:30 PM Invest- Sniff ment Advisory 7:00 PM Cultural Board Arts Commission 12 13 14 15 16 17 18 7:00 PM Commu- 9:30 AM CVAG- 7:00 PM C.V. 3:30 PM Historic nity Services Public Safety- Mosquito Abate. Preservation Commission Perkins -Perkins Commission 12:00 PM CVAG- 7:00 PM Planning Transp.-Perkins Commission Meeting 19 20 21 22 23 24 25 9:00 AM CVB- 12:00 PM CVAG Henderson Human/Com- 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Airp-Henderson 26 27 28 29 30 2:30 PM RCTC 7:00 PM Planning cto er Budget -Pena Commission S M T W T F S 6:00 PM CVAG Meeting EXec.Com. 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 9/3/99 484 DEPARTMENT REPORT: •� U S CFy OF TN�� TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety T 4 " DATE: September 7, 1999 RE: Department Monthly Report - July Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of July. The reports depict the following highlights: • Year to date building permit valuation is $150,292,253, which represents an issuance of 1,737 building permits through July; • 1,704 animal control cases have been handled through July; • 1,316 code compliance cases have been initiated through July; • 9 new licenses were issued to La Quinta based businesses in July. Hm VMi M i 0� n N � N Ian 1�fi M N 00 ^ � o ^ r ^t l � ^ 00 rj i N N O e4 r4 tn M 00 O t " N O 00 M N O O M to M ^ O e} O C�[� O 1/i I�r -: O O ^ M N t- IO C� WA r- C� .. M O M 00 C N tn 0, I0 .. r h 1n O 7 O ON 00 00 M _M N �0 �D tn M O 0\ If! 1n le to t` �o N 00 N kn N 1n 00 00 �z M W M N M N 00 ^ � 00 o O r M o O 0 M 0 O 0 O 0 .• O o O o O .• M o �o O 1n a` IR � � .-r �O oo O ON O 00 %n th en M en C r 00 ON 011 to M C O W t- O e7 ^ 1n to IV 01\ t- v N N W) e! 00 M N l� � O 7 O O O O O O 1n r 00 O O 0 N_ o a o �0 M t tn oo 00 en ~ en cp� I � M � ^ Oo ^ in O O 00 O� e} O� t` O O � M N ON M N C� M N 00 to t- M O 7 N 00 M t- ^ C, 7 N 01 00 1n \0 .� M N M 0� M N 7 N N 00 N kn .i p kn R 00 N t` O en 01, N 7 r M N N N 00 N M N .r N h O 00 r4 le V .r rM v M � M 1/7 O t- 00 N O 0, N to ...i ^ t- M N kn ^ ^ en R N C7 A a z ..�M O O ^ M �z O M to v N N 00 ent`O~QNO VOA0� W.r AN�R O�n 3�w N ..cn en ^ A A a Q a W A A ]N ^Z^ N as O t` O MON en U _ rr N r.7 ra ANIMAL CONTROL REPORT FOR: UL.Y, 1999 ANIMAL PICKUPS YEAR TO INCIDENTS YEAR TO MONTHLY: DATE: HANDLED: MONTHLY DATE: Alive 59 302 Bite reports 5 42_ Dead Z 75 Cats Alive 19 98 Animal trap set ups __6 —44 Dead —_4 37 Cruelty to Animals Other Animals, Investigations & 2 —19 Check welfare Alive S_ 37 Dead 10 —_5.0 Vicious Animal TOTAL ANIMALS Restraining order 0 _3 Alive 85 437 Special hour patrols —__1 100 Dead 21. 112 Zoning Violations Q 2 Lost & found reports _ 39 239 TOTAL ANIMALS Animal Rescue 4 —25_ REMOVED Outside agency assistance 0 City hall reclaims 3 --62— 106 549 Other 27 254 TOTALS 87 8 ] VIOLATIONS: No owner Warnines Citations Contact Dogs at large —13_ 0 5 Noise disturbance 0 1 0 Defecation removal 0 3 0_ License violation 0 0 8 Other 0 0 0 Monthly Total 13 4 13— YEAR TO DATE 162 _ 64_ 128 TOTAL MONTHLY INCIDENTS HANDLED: 223 TOTAL YEAR TO DATE INCIDENTS HANDLED: 003 487 CODE COMPLIANCE REPORT FOR: July,1999 ABATEMENTS: YEAR TO DATE: Nuisance Abatements Started 56_ 598 Weed Abatements Started 9 185 Vehicle Abatements Started 82 499 Dwelling Abatements Started 1- 34 TOTAL STARTED 160 -1,316 TOTAL COMPLETED 162 - 1,044 Home Occupation Inspections 8_ 42-_. Hu one c T icense Ins cne toons 4__ 22-- Public Service _305-3,921- Garage sale permits Issued 97 780 forms\councilceo 004 d7 0 0 0) O W O CA O Q rn rn rn rn rn rn rn rn rn CO 00 CO wommmmommm —Cl) N N 0-0N SIN O N N` N O O J r- r r` r r r` P-P� r m 000000000 W J w °d O 00 U ww � U) LL, J w Y> O Q zQ Z oco WQ w F- L- �wwO�w:D¢ otSIU�z�UUC� W 2 O� Z W i J= �QZZU�coOU_4. Nw~�tQiU=adof(D m10Wzzpa2W z J=z0§OwOJ(D m� W U dm=wcq IT M O M O M V CN W M M Z O O t)N O N V a w Or'IMCOCQ-'YC? avCCOO<0(Drn(D(v m M� h M M n O O M 1 O O O ClO O O O O J O CD CO CO CO CO CO CO CO mCCCCCCt�CC a NC;C;AC;C;C;C;C;r� rnrnrnr)0LOLOLOLO CV N N N N N N N N W F- Q F- N m JIQQQQQQQQQ m U U U U U U U U U Q Q Q Q Q Q Q Q Q F- F- F- F- F- F- F- F- F- z z z Z z z z Z Z 0555555555 0iaaCYaaaCYaCY mg3�gg��gg w 0 ?J o> w � = U) w �z O� 0 O2(Ow`�Z W w0JLULU �UOmQQ =w0 a0U)000U== m O U')0 0 0 0 co CA O ' Cl) (0 CO a)00 Cl)O) 00 JW v M� O W� m O mrrnLOr-r-r— r— LOr- U U Y U 9 0 F- Z p Z Z = J 0 co U U U U) Z SQ Www z rn U u1 ofw W F- QUrn ZZ ofLUF-2W Co Z J Q— W U Z— co W z ��� U)F- Z���JU C7DWwW`z- ZwjawvLU° z00-gLw o_�z—LLo1W 3:z M OW3:—LPL w0 1Up U-O¢mQJF- U z 2 m Q m U o d 2 z d Zm r-ONw yr Cfl N— Ci N N N N V SOD 0 00 a0 00 00 O 00 m 0 00 0 0 0 0 0 0 M Ou5 d R a DEPARTMENT REPORT:— I T v 5 FC'``tif OF fNY v TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL tM FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR F DATE: SEPTEMBER 3, 1999 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF JULY Attached please find a copy of the Community Development Report. These are the current cases being processed by staff. 490 PAMonthly Department Report.wpd Z CW G a W C Z W a 0 W W H Z C� G V 0) C� J 7 Z 0 Q a) E OU C C O -P co U 'a04 Q. Q O N It E O � �O >O ++ " +-' C_ c C_ O Q U04 O CLucS 7 a a) U U) 0 Z +� +� cn C: E t- a) a C � � C a) -0 c a) aci E E ca O E ca cc N $= O O a E O , Q O a) a) a O E > > C CD a) CO a ca N �+- CO O a) cn m O -0 O a) ++ U "a a co C m a m � a)CD -C ca +_ c U O U a -p N CL O N U C: Co c o m cn o +, cn ca C_ +_ o a) c O aCL a) � U N m 0 O a O CD a Co cn N CD W CD _ -Ca ca > c m }' C U 0 i a) a) O O QC n a) co E7 O� Co U Q Q E ;+_ CL a m C C. O O T— Cp +O Q- Q O C +' 0 co U a) fn 0 +� > -� M C cn cn cn a a)O c 0 ca �'i a � O a) � E� `� E 0 ` p cn U cn U cn U> > +, a) > U U O O. U O O p ++ Q) E O O O O0 o Q C_ O0 O M > O Fcn a > �; C 0) N U)O +O+ d a Q C. c Q o- �= cn a ca . E J Q Q L C a) a) N C. —� Q- O co O a) E (n CO N a) O N r— N d C_ (D ca +`+ Q Q (n C. O ca O -0 Q Q E a) O cn00 ++ O •+, cb O cn + co -a C a) LL. � O U Ln C Q ca U'LO N C_ (0 U d U W w a c O ° n- co a06 i a) � C 00 O J E � U 4) p (n O Q U �- C C- U dS Q W C cn c "' E o0p0 � ca a) Q o 0 E o (0(n 0 °� .. > O L cn M O 00 cCa U - 2L N O C_ += C +� N M C J O co O= O O 0 O :3 C' ca F—Q NLoU CL J I— U cA U LL (n U 2 1— W U O 06 N a 3 0 002 c ca J J Q �- U)Q � U U U c c c -o 0 t � J J Jco � '' (n U) U) E c CC ~ se se se Q CA Y M CO O N I� 00 't' M I LO O -- 00 O M M M O CO t N C- N N M N N N M Q- I~— H H U)H I~— H � U " o I 003 M b 3 0 0 U Q > 0 CL Q A 1 ` N r, 0) UU d U 0 a Q A \ N o 00 � UU CL U 0 a Q N n U Q- .} V -- d) U d � M W N Ir m -�U Q a a) c a`) a o 3cn () cn a>i aci ` i-j > -0 E O p cM U a) c a) a 0 co a) cn � aci -0 E O p CY) U a a) C a) 4) m a) c cn m p U O c0 c a) c ca _� "O > m N E +, E 3 cn ca CO 3 cn T c 0 O 00 .� L O U U Q 'U Q 'a L 3 O C O U c_ a) C = (D 0 Q d) C E "a � m C a) -a m E cm w L t L +J a) 3 c 4-- C O -a_ E a O. — f° V C a) > C Q fn L a) L U "a Q C E `� 0 Q V t O m O> Q cm U E O m p C V a) c c ca C � cn O w L) .2 a) 4- >, 00 > m � cn E= X O a) c O a) '- coO O a) a) U) �.+ cn ' > c a) U) +' E O �- +' =p C > Q- >� a) -a is U N v- O N C aca v N E U)i N +J _ m 7 O� p m-C co "a O Q-C ++ O O > N E 00 Q Q a) C ++ c> a) p O L a) o i O fn O "� E L C m ++ a) C O N p C m 0 L O a) m O Q O cn 5 L- Q "a � C m "a O O U C Q N 7 p CO >, cn — C p m ca p E •E m e a) • � O a O C C U C C a 00 (7 �►- O } m m L m `� cn > Q a) o 0 E L a) N O a) C a) C p 0 C C m Q U j C) Q ca p LO U) E m a) 6 E 11J FL (D c s N _a c c w O p y o 0 -p c +, a 3 E O C >� U_ - _ 5 C C N : U) C p L O +� a) / a) U O O CO � i Vci O C O O CoL CO C (n On ' Co n O `+- a O ^ c m ° En O} a- a� a O o E C) O c O O N- OO a) U C cn c > 0 o >� iQ'tm -acn > p> a) UaCm d) a) m xi, 0 !E a a -a -a > ID a) -a� aCL 0 0 a CLma+Jfl E — Cr a co c LOO a QCCL a N >a a) U CO p- m CQC m m a) CL (n rn-0 Q a Ir 0 Q N Q m Q m -a LO M a) C ca U N a) =p LU CL O ^ LO CD L 0 LO CO > a) d) cfl MO CLO 6 N -a �- L -CO Z dS E w CL LO Y (0 O a) 00 M -p It LO d — 00 LO M co 0O O N (D O M C o C?rn t rn a) a) a- Q rn L M d-) > d) a) d) a7 d) a1 a) a) m d N 0_ � Q d) a. c CL 00 Q 0 H 0 n U) d 0 () cn � ui U cn U Z) U) U) u 493 00 in z 0 U a) c a) a) O L a)C cO O OO� C= N a) E a) c0 O O , a) a) 0 0 � = Q 7 +J CO > c0 cr N 0 C C N 0 E -C `F Co Q C Q co +� L c) o t 0 a) Co cA *5 cloo>' O v- C +J a) 'a i > J L O io E O> L-0 w O y -a 4' Q �O i M caCl) U �, CD E C O N C M O a) C ca a) C O C 0 U) C 'N N N .N Chcn a) a) cp N -a 'C C N L fl. i CO cm 0 - >, N o +' a) C L +_ a) 0) ,- E >. E > o � . +� cn O � co a) rn L-0LL— m a) - m O _0M +�+ U L E N C cr cn> C ,4— 0 0) O O Q ca }-p NO O N O N2 E J N ' C cn � � L � > +, a) oC 4- co c E cn aXi co a a) Q Lo Q CV)_ O � C O) n- 'o d 0. U) ri 016 00) c Q 0) � N � C7 U a e 494 0 a W cc Q V W n M0M cc a J Q W U) a� 0 E N N o dU v m O O) O O O O O O CD y 00 LO �O N N �F ^ r. Ln Ln d N co 0 r+ _N y a E C 0 0 0 0 0 0,0 V Ln O r- Ln O <n O O O o -01 0 d L CD �. C 0 0 0 0 0 0 0 O O Ln Lp in N O U w y r Ln O N_ ,., O LO O 0 0 0 0 O 0 o 0 p E dN O 'C 00 ^y CV)U sO a N t/} C e- ' J LU cn L Y V = O C (0 (D o � J y OC p, Y y = 0 V m U y CDo = G a c`a t �.E E _ ,« Q LT = i 0 m LU a coo C C13 co L y - � c a y a c c 4. CC d a d 0 L o E a L ML i L L� O 2 _H L d O C G1 G1 0 o co cc cc ccC 0 C C7 Q W W LU N D C7 W ob U c a ayi m a - Y U w > E J OC = U o. U. = O ea C U. y N p� 10 O GC U C y V V 0 o c a a = c = E Ea a U a O EOJ 495 Q T 006 a �-T- DEPARTMENT REPORT: G Z Lam •c V S CF`y OF fN�� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DEPARTMENT DATE: SEPTEMBER 7, 1999 SUBJECT: REPORT ON POWER LINE UNDERGROUNDING FOR LUNDIN DEVELOPMENT COMPANY AT THE NORTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE This matter was originally on the City Council agenda for August 3, 1999 as written correspondence. After hearing from Mr. Mike Smith, representing Lundin Development, Council requested staff to meet with the developer and report back. Staff has met with Mr. Smith representing the developer and through further refinement, the developer and staff have resolved the issue of bonding requirements. However, the applicant is still requesting the issue of undergrounding be continued for an additional 30 days (Attachment 1). Therefore, staff will continue to meet with the developer and will provide a Department Report for the City Council agenda of October 5, 1999. mi n/31/1999 14:06 5625926050 RE/DEV/MGMT/AR.CH PAGE 01 ATTACHMENT #1 Lundin ,,' Development Co. August 31,1999 Mr. Jerry Herman Director of Community Development City of La Qtunta P. 0. Box 1504 La Quinta, Ca 92253-1504 Subject: Parcel Map 29052 .Dear Jerry: As we discussed, we want to thank stag for their efforts in reevaluating the bond amounts for this Parcel Map. We are now satisfied with the bond requirements and therefore it is not necessary to have this reviewed before the City Council. With regards to the condition to underground all power lines under 34KV and how it relates to the existing facilities along Jefferson and 5&, we would like a 30 day contijauance regarding this item to allow further review with staff As always thank you for your help. Yours very truly, Greg Bever 16400 Pacific COW Highway, Sulte 207 • Huntington Beach, California 92649 • (562) 592,6020.• FAX (562) 592-6050 49:- 003 0S-31-99 14:04 RECEIVED FROM:5625926050 P•01 DEPARTMENT REPORT: e'L c&4 4 XP Q" TO: Honorable Mayor and Members of the City Council FROM: Marni Kunsman, Recreation Supervisor`-Mi� VIA: Dodie Horvitz, Community Services Director DATE: September 7, 1999 SUBJECT: Transmittal of Community Services Department Report for the Month of July 1999 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF SEPTEMBER 1999: Sept 5 La Quinta Summer Golf Tour, Desert Dunes Golf Resort Sept 8 *"How to Protect Your Assets," Seminar Sept 9 *Mexican Fiesta Luncheon Sept 11 La Quinta Summer Golf Tour, Palm Desert Country Club Sept 12 Adult Soccer League Final Four Championship Game, La Quinta High School Sept 13 *Free Putting Contest Sept 13 Low Impact Aerobics Classes, Session I, La Quinta High School Sept 14 *Free "How to Buy a Computer," Seminar Sept 14 Ballroom Dance Classes, Session I, La Quinta High School Sept 15 *Financial Seminar Sept 16 *"Know Your Prescriptions," Seminar Sept 16 *Healthy Cooking Class Sept 18 La Quinta Summer Golf Tour, Palm Desert Country Club Sept 18 Introduction to Horses, Ivey Ranch Equestrian Center Sept 18 Mastering Microsoft Excel, Computer Seminar, Boys & Girls Club Sept 20 Beginning Computer Classes, Session I, Boys & Girls Club Sept 20 "Let's Talk," Overcome Your Fear of Public Speaking, Evening Classes Sept 21 *CPR Training Course Sept 21 *Free Hearing Consultation and Hearing Aid Check Sept 22 Intermediate Computer Classes, Session I, Boys & Girls Club Sept 22 *Water Conservation Seminar Sept 22 Start Your Own Internet Business, Evening Seminar, La Quinta Senior Center Sept 23 *"Six Ways to Promote Health," Seminar Sept 23 Fall 1999 Co-ed Adult Volleyball League Begins, Boys & Girls Club Sept 25 La Quinta Summer Golf Tour, Desert Willow Golf Resort Sept 28 *Mature Driver's Course Sept 30 Conversational Portuguese, La Quinta Senior Center * Senior Center Program, Class or Event ceit., 4 4a4ur«rw Community Services Department Attendance Report for the Month of July 1999 Summary Sheet Program 1999 1998 Variance Meetings Per Month 1999 199R Leisure Classes 518 205 313 37 23 Special Events 304 93 211 8 2 Adult Sports 675 555 105 19 3 Senior Center 1190 1077 113 75 66 *Fritz Burns Pool 4279 3325 954 25 25 Program Totals 6966 5255 1696 164 119 Information/Referrals Community Service 121 121 21 22 Senior Center 872 1188 -316 17 15 Total 993 1188 -195 38 37 Sports Complex LQSYA Allstars 500 300 200 24 18 Total 500 300 200 24 18 Total Programs 8459 6743 1701 226 174 Volunteer Hours Senior Center 1 7021 6401 62 Meals on Wheels 531 69 -16 Total Volunteer Hours 7551 7091 46 Revenue Senior Center $ 2,156.00 $ 1,233.00 $ 923.00 Community Services $ 5,808.50 $ 2,681.00 $ 3,127.50 Rental income $ 605.00 $ 550.00 $ 55.00 Total Revenue $ 8,569.50 $ 4,464.00 $ 4,105.50 *Totals not available M 002 Community Service Program Attendance July 1999 1998/99 1998/99 1997/98 1997/98 1997/98 1998/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Low Impact Aerobics 26 182 0 0 182 0 7 Let's Dance 10 30 0 0 30 0 3 Watercolor 14 42 8 32 10 4 3 Basic Oil Painting 14 42 5 20 22 4 3 Summer Art Blast 22 88 11 33 55 3 4 Beg. Computers Mon. 10 30 10 40 -10 4 3 Beg. Computers Tues. 9 27 10 40 -13 4 3 Int. Computers Wed. 6 24 10 40 -16 4 4 College Funding 101 12 12 0 0 12 0 1 Intuitive Drawing 7 14 0 0 14 0 2 Mastering Excell 6 6 0 0 6 0 1 Mastering Word 1 10 10 0 0 10 0 1 Mastering Word 11 5 5 0 0 5 0 1 Internet Seminar 6 6 0 0 6 0 1 Totals 157 518 54 205 313 23 37 1998/99 1998/99 1997/98 1997/98 1997/98 1998/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Golf, LQ Resort 61 61 0 0 61 0 1 Golf, Heritage Palms 45 45 50 50 -5 1 1 Ice Cream with Gamby 16 16 0 0 16 0 1 Golf, Palm Valley 44 44 43 43 1 1 1 San Diego Zoo Trip 28 28 0 0 28 0 1 Golf, Desert Willow 45 45 0 0 45 0 1 Le oland Excursion 21 21 0 0 21 0 1 Golf, Mission Hills 441 44 01 01 441 0 1 Totals 304 304 93 93 211 2 8 1998/99 1998/99 1997/98 1997/98 1997199 1999/99 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 77 77 0 0 66 0 8 Open Basketball Sat. 4 4 4 0 0 0 4 Open Volleyball Sat. 0 0 0 0 0 0 4 Adult Soccer League 198 594 185 555 39 3 3 Totals 279 675 189 555 105 3 19 S00 003 Senior Center Attendance 1999 1999 1998 1998 Registered Participants—EartHicition a istered Participants Total articipation Variance Meetings 1999 1998 Senior Activities Bridge, ACBL 148 148 176 176 -28 4 4 Bridge, Duplicate/Social 217 217 246 246 -29 11 14 Creative Writing Club 15 15 35 35 -20 41 5 Golden Tones 33 33 20 20 13 31 2 Guys N' Dolls Bus Trip 35 35 0 0 35 11 0 Ice Cream Social 50 50 64 64 -14 51 4 Monthly Birthday Party 23 23 16 16 7 1 1 Monthly Luncheon 70 70 70 70 0 1 1 Movie Time 74 74 45 45 29 5 5 PGA Tournament Social 8 8 0 0 8 1 0 Seminars 6 6 23 23 -17 1 2 Television Viewing 33 33 28 28 5 n/a n/a Senior Activity Total 712 712 723 723 -11 371 38 Senior Leisure Courses Computer 40 53 27 27 26 8 6 Exercise 49 320 28 232 88 17 13 Healthy Cooking Class 13 13 16 16 -3 1 1 Senior Leisure Courses Total 102 386 71 275 111 26 20 Senior Leisure Classes Arts and Crafts 23 23 47 47 -24 3 4 Ceramics 9 9 0 0 9 1 0 Painting 10 10 32 32 -22 3 4 Quilting 50 50 0 0 50 5 0 Senior Leisure Classes Total 92 92 79 79 13 12 8 TOTAL SENIOR PROGRAMS 906 1190 873 1077 113 75 66 Senior Services A. A.R.P. "55 Alive" 30 30 38 38 -8 21 2 Ambassadors 64 64 60 60 4 n/a n/a Back to School Program Preparation 14 14 20 20 -6 2 2 Battin's Mobile Office 3 3 0 0 3 1 0 Blood Pressure Check 27 27 47 47 -20 4 5 FIND Food Distribution 528 528 691 691 -163 5 4 Hearing Consultation 2 2 3 3 -1 1 1 Information/Referral/Outreach 195 195 324 324 -129 n/a n/a Medicare Consultation 2 2 2 2 0 n/a n/a Share Meetings/Sign-up 7 7 3 3 4 21 1 TOTAL SENIOR SERVICES 872 872 1188 1188 -316 17 15 SENIOR CENTER TOTAL 1778 20621 2061 2265 -203 92 81 Page 3 501 AM T-,df 4 4 Q" COUNCIL/RDA MEETING DATE: ITEM TITLE: Transmittal of Revenue and Expenditure Reports dated June 30, 1999 RECOMMENDATION: Receive and File September 7, 1999 BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 0ee4o Transmittal of the June 30, 1999 Statement of Revenue and Expenditures for the City of La Quinta. hn M. Falcone% Finance Director Approved for Submission by: rz� 4W'X'-'7 Thomas P. Genovese City Manager Attachments: 1. Revenue and Expenditures Report, June 30, 1999 502 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES 07/01/1998-06/3011999 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 497,000.00 568,308.53 (71,308.53) 114.35% 462,300.00 597,420.60 (135,120.60) 129.23% 176,900.00 313,423.49 (136,523.49) 177.18% 1,869,200.00 2,714,456.59 (845,256.59) 145.22% 3,000,000.00 3,547,704.80 (547,704.80) 118.26% 330,400.00 359,877.15 (29,477.15) 108.92% 6,335,800.00 8,101,191.16 (1,765,391.16) 127.86% LICENSE & PERMITS: Business License 95,100.00 105,908.80 (10,808.80) 111.37% Animal License 7,400.00 8,249.50 (849.50) 111.48% Building Permits 412,500.00 1,239,910.02 (827,410.02) 300.58% Plumbing Permits 86,700.00 213,795.40 (127,095.40) 246.59% Electrical Permits 68,000.00 216,092.95 (148,092.95) 317.78% Mechanical Permits 35,800.00 114,136.44 (78,336.44) 318.82% Misc. Permits 55,200.00 53,887.40 1,312.60 97.62% TOTAL LICENSES & PERMITS 760,700.00 1,951,980.51 (1,191,280.51) 256.60% FEES: General Government Fees 50.00 0.00 50.00 0.00% Finance Fees 50.00 3,760.62 (3,710.62) 7521.24% City Clerk Services Fees 1,000.00 403.78 596.22 40.38% Community Services Fees 95,900.00 107,535.92 (11,635.92) 112.13% Bldg & Safety Fees 278,400.00 819,070.37 (540,670.37) 294.21 % Community Development Fees 107,800.00 340,452.81 (232,652.81) 315.82% Public Works Fees 271,100.00 693,995.39 (422,895.39) 255.99% TOTAL FEES 754,300.00 1,965,218.89 (1,210,918.89) 260.54% INTERGOVERNMENTAL Motor Vehicle In -Lieu 770,800.00 957,419.40 (186,619.40) 124.21 % Off Hwy Vehicle License 250.00 327.31 (77.31) 130.92% Motor Vehicle Code Fines 14,400.00 52,733.93 (38,333.93) 366.21 % Parking Violations 22,300.00 32,317.84 (10,017.84) 144.92% Misc Fines 2,000.00 4,341.83 (2,341.83) 217.09% AB939 84,400.00 141,831.62 (57,431.62) 168.05% CSA152 Assessment 109,200.00 127,984.00 (18,784.00) 117.20% Sunline Transit 9,600.00 45,592.50 (35,992.50) 474.92% County of Riverside Library Funding 77,275.00 77,275.00 0.00 100.00% State of California -Grants 0.00 26,965.00 (26,965.00) N/A TOTAL INTERGOVERNMENTAL 1,090,225.00 1,466,788.43 (376,563.43) 134.54% INTEREST 1,123,600.00 1,569,795.92 (446,195.92) 139.71 % MISCELLANEOUS Miscellaneous Revenue 44,600.00 74,502.29 (29,902.29) 167.05% Cash Over/(Short) 0.00 27.09 (27.09) N/A Litigation Settlement Revenue 0.00 740,984.81 (740,984.81) N/A TOTAL MISCELLANEOUS 44,600.00 815,514.19 (770,914.19) 1828.51% TRANSFER IN 222,069.00 118,421.40 103,647.60 53.33% TOTAL GENERAL FUND 10 331,294.00 15,988 910.50 (5,657,61 L50j_____ 154.76% 503. 0014 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Interest TOTAL GAS TAX 07/01/1998-06/3011999 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 116,000.00 125,587.01 (9,587.01) 108.26% 83,100.00 90,661.99 (7,561.99) 109.10% 163,000.00 163,275.58 (275.58) 100.17% 4,000.00 5,000.00 (1,000.00) 125.00% 2,700.00 4,906.00 (2,206.00) 181.70% 368 800.00 389 430.58 (20,630.58) 105.59% COMMUNITY SERVICES PROJECT REVENUE: Interest 0.00 (0.47) 0.47 N/A TOTAL COMM SERVICES PROJECT 0.00 (0.47) 0.47 N/A_ CMAQ/ISTEA CMAQ/ISTEA Grant 114,464.73 91,639.41 22,825.32 80.06% Interest 0.00 0.00 0.00 N/A TOTAL CMAQ/ISTEA 114,464.73 91,639.41 22,825.32 80.06% FEDERAL ASSISTANCE REVENUE: CDBG Grant 228,400.00 30,000.00 198,400.00 13.13% Interest 1,100.00 0.00 1,100.00 0.00% TOTAL FEDERAL ASSISTANCE 229 500.00 30,000.00 199 500.00 13.07% PROPOSED ASSESSMENT DISTRICT Assessment Bond Proceeds 2,806,700.00 0.00 2,806,700.00 0.00% TOTAL PROPOSED ASSESSMENT DISTRICT 2,806,700.00 0.00 2,806,700.00 0.00% SLESF(COPS)REVENUE: SLESF (Cops) Funding 46,246.00 46,245.57 0.43 100.00% Interest 0.00 2,495.53 (2,495.53) N/A TOTAL SLESF (COPS) 46,246.00 48 741.10 (2,495.10) 105.40% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 27,958.00 27,958.00 0.00 100.00% Interest 0.00 566.26 (566.26) N/A Transfer in 9,206.00 9,206.00 0.00 100.00% TOTAL LLEBG 37 164.00 37 730.26 (566.26) 101.52% LIGHTING & LANDSCAPING REVENUE: Assessment 796,600.00 759,272.61 37,327.39 95.31 % Interest 5,100.00 1,654.69 3,445.31 32.44% Developer Contribution 0.00 7,000.00 (7,000.00) N/A TOTAL LIGHTING & LANDSCAPING 801 700.00 767 927.30 33 772.70 95.79% QUIMBY REVENUE: Quimby Fees 20,000.00 5,520.00 14,480.00 27.60% Interest 1,800.00 10,422.64 (8,622.64) 579.04% TOTAL QUIMBY 21,800.00 15,942.64 5,857.36 73.13% 4M 004 CITY OF LA QUINTA 07/01/1998-06/30/1999 ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 1,066,500.00 4,417,322.57 (3,350,822.57) 414.19% Interest 187,200.00 520,693.85 (333,493.85) 278.15% TOTAL INFRASTRUCTURE 1,253 700.00 4,938,016.42 (3,684,316.42) 393.88% VILLAGE PARKING REVENUE: Interest 1,100.00 1,509.86 (409.86) 137.26% TOTAL VILLAGE PARKING 1,100.00 1,509.86 (409.86) 137.26% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,993.00 15,810.49 33,182.51 32.27% Interest 2,100.00 3,589.55 (1,489.55) 170.93% TOTAL SCAQ 51,093.00 19,400.04 31,692.96 37.97% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.00% Interest 200.00 309.98 (109.98) 154.99% TOTAL CMAQ/ISTEA 2,200.00 2,309.98 (109.98) 105.00% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 N/A Transfer In 0.00 0.00 0.00 N/A TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 N/A CAPITAL IMPROVEMENT FUND: CVAG Funding 4,483,256.83 751,946.33 3,731,310.50 16.77% CVWD 1,603,171.00 0.00 1,603,171.00 0.00% County of Riverside 0.00 0.00 0.00 N/A State of Ca- Office Emer. Services 0.00 53,213.00 (53,213.00) N/A RCTC Funding 0.00 0.00 0.00 N/A SB300 Funding 1,509,693.00 208,518.00 1,301,175.00 13.81% Surface Transportation 141,401.83 65,401.77 76,000.06 46.25% SB821-Bicycle Path Grant 53,734.00 15,396.00 38,338.00 28.65% APP Contribution 376,612.00 39,002.00 337,610.00 10.36% Developer Agreement Funding 1,010,389.00 240,682.98 769,706.02 23.82% Transfers in From Other Funds 26,968,979.22 5,398,340.00 21,570,639.22 20.02% TOTAL CIP REVENUE 36 147 236.88 6,772,500.08 29 374 736.80 18.74% LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 38,500.00 38,492.74 7.26 99.98% Bond Proceeds 745,000.00 748,486.56 (3,486.56) 100.47% Interest 1,500.00 5,644.51 (4,144.51) 376.30% TOTAL LQ NORTE CIP 785,000.00 792,623.81 (7,623.81) 100.97% 505 009 CITY OF LA QUINTA 07/01/1998-06/30/1999 REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 N/A Interest 0.00 0.00 0.00 N/A TOTAL URBAN FORESTRY 0.00 0.00 0.00 N/A EQUIPMENT REPLACEMENT FUND: FMP Equipment Charges 338,646.00 338,664.61 (18.61) 100.01% Interest 22,100.00 52,560.01 (30,460.01) 237.83% TOTAL EQUIPMENT REPLACEMENT 360,746.00 391,224.62 (30,478.62) 108.45% ARTS IN PUBLIC PLACES REVENUE: * Arts in Public Places Deposits 87,000.00 258,439.44 (171,439.44) 297.06% * Arts in Public Places Credits Applied 0.00 93,000.00 (93,000.00) N/A Interest 12,300.00 28,328.00 (16,028.00) 230.31% TOTAL ARTS IN PUBLIC PLACES 99,300.00 379,767.44 (280 467.44) 382.44% • These amounts are deposits and are treated as liabilities and not as revenues. 506 (1f�F CITY OF LA QUINTA 07/01/1998 - 06/30/1999 GENERAL FUND EXPENDITURE SUMMARY REMAINING % BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 475,800.00 466,685.36 0.00 9,114.64 98.08% CITY MANAGER'S OFFICE 619,425.00 523,687.71 0.00 95,737.29 84.54% ECONOMIC DEVELOPMENT 743,165.00 743,372.34 0.00 (207.34) 100.03% PERSONNEL/RISK MGT 37,965.00 14,368.62 0.00 23,596.38 37 85% TOTAL GENERAL GOVERNMENT 1,876,355.00 1,748,114.03 0.00 128,240.97 93.17% FINANCE: FISCAL SERVICES 488,865.00 483,647.45 0.00 5,217.55 98.93% CENTRAL SERVICES 788,263.00 645,858.31 4,557.10 137,847.59 81.93% TOTAL FINANCE 1,277,128.00 1,129,505.76 4,557.10 143,065.14 88.44% CITY CLERK 327,565.00 305,364.65 0.00 22,200.35 93.22% COMMUNITY SERVICES SENIOR CENTER 222,200.00 203,904.48 0.00 18,295.52 91.77% PARKS & RECREATION ADMINISTRATION 511,400.00 483,711.45 7,008.00 20,680.55 94.59% PARKS & RECREATION PROGRAMS 53,150.00 51,644.95 0.00 1,505.05 97.17% TOTAL COMMUNITY SERVICES 786,750.00 739,260.88 7,008.00 40,481.12 93.96% POLICE 3,095,828.00 2,859,785.60 10,000.00 226,042.40 92.38% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 203,250.00 192,127.88 0.00 11,122.12 94.53% CODE COMPLIANCE 394,440.00 339,778.86 0.00 54,661.14 86.14% ANIMAL CONTROL 155,137.00 167,663.19 0.00 (12,526.19) 108.07% BUILDING 462,938.00 483,941.42 0.00 (21,003.42) 104.54% EMERGENCY SERVICES 71,540.00 61,024.40 0.00 10,515.60 85.30% FIRE 19,000.00 11,382.15 0.00 7,617.85 59.91% CIVIC CENTER BUILDING -OPERATIONS 994,100.00 991,908.30 4,998.13 (2,806.43) 99.78% TOTAL BUILDING & SAFETY 2,300,405.00 2,247,826.20 4,998.13 47,580.67 97.71% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 493,050.00 355,688.28 0.00 137,361.72 72.14% CURRENT PLANNING 667,550.00 465,685.63 0.00 201,864.37 69.76% SOUTH COAST AIR QUALITY _ 5,700.00 7,110.30 0.00 (1,410.30) 124.74% TOTAL COMMUNITY DEVELOPMENT 1,166,300.00 828,484.21 0.00 337,815.79 71.04% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC MAINT/OPERATIONS - STREETS MAINT/OPERATIONS - LTG/LANDSCAPING CAPITAL PROJECTS TOTAL PUBLIC WORKS TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 191,940.00 178,709.00 0.00 13,231.00 93.11% 767,575.00 727,341.25 0.00 40,233.75 94.76% 1,155,703.00 846,117.53 5,700.00 303,885.47 73.21% 994,124.00 1,040,539.30 10,400.00 (56,815.30) 104.67% 517,182.00 184,691.02 0.00 332,490.98 35.71% 3,626,524.00 2,977,398.10 16,100.00 633,025.90 82.10% 1,405,943.27 335,539.28 0.00 1,070,403.99 23.87% (3,703,919.32) (2,986,572.58) 0.00 (717,346.74) 80.63% 12 158 878.95 10,184,706.13 42.663.23 1,931,509.59 83.76% 507 007 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY GAS TAX FUND: REIMBURSE GENERAL FUND COMMUNITY PROJECT FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT 07/01/1998 - 06/30/1999 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED 368.800.00 368,800.10 0.00 (0 10) 100 00% - 5,809.00 5,809.53 0 00 (0.53) 100.010% 130. 000.00 0.00 0.00 130 000.00 0.00% SOUTH COAST AIR QUALITY FUND REIMBURSE GENERAL FUND 13,797.16 0.00 0.00 13,797.16 0.00% TRANSFER OUT 92,433.00 69,205.16 0.00 23,227.84 74.87% TOTAL SOUTH COAST AIR QUALITY 106 230.16 69 205.16 0.00 37025.00 65 15% CMAQ/ISTEA TRANSFER OUT 114,464.73 0.00 0.00 114,464.73 0.00% URBAN FORESTRY TRANSFER OUT 0.00 0.00 0.00 0.00 N/A LLEBG FUND TRANSFER OUT 40,699.00 48,523.19 0.00 (7 824.19) 119.22/. SLEF (COPS) TRANSFER OUT 58.937.00 693.05 0.00 58,243.95 __ 1.18%- LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 801,700.00 801,699.96 0.00 0.04 100.00% TRANSFER OUT _ 144,038.00 131,332.69 0.00 12,705.31 91.18% TOTAL LTG/LANDSCAPING FUND 945.738.00 933,032.65 0.00 12,705.35 98.66% INFRASTRUCTURE: REIMBURSE GENERAL FUND 205,395.00 205,395.00 0.00 0.00 100.00% TRANSFER OUT 6,304,294.22 829,675.14 0.00 5,474,619.08 13.16% TOTAL INFRASTRUCTURE 6 509 689.22 1 035 070.14 0.00 -_ 5,474,619.08 15.90% PROPOSED ASSESSMENT DISTRICT TRANSFER OUT 2,806.689.00 0.00 0.00 2,806,689.00 0.00% lo CITY OF LA QUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/1998 - 06/30/1999 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 35,265,224.72 6,602,805.71 3,000.00 28,659,419.01 18.72% PROJECT REIMBURSEMENTS TO GEN FUN 882,012.16 169,694.37 0.00 712,317.79 19.24% TOTAL CAPITAL IMPROVEMENT 36 147.236.88 6.772.500.08 3,000.00 29 371,736.80 18.74% ART IN PUBLIC PLACES FUND PROJECT EXPENSES 99,300.00 114,753.18 0.00 (15,453.18) 115.56% CIP EXPENSES 83,499.00 20,002.00 0.00 63,497.00 23.95% TOTAL CAPITAL IMPROVEMENT 182,799.00 134.755.18 0.00 48,043.82 73.72% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 611.829.35 0.00 _�611 A29.35) N/A EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 400,646.00 378 203.44 0.00 22,442.56 94.40% _ , 509 n()q Tilf 4 XP " AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: Transmittal of Revenue and Expenditure Reports dated June 30, 1999 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: Q9,f2iReo. G_1 Transmittal of the June 30, 1999 Statement of Revenue and Expenditures for the La Quinta Financing Authority. Joh M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese City Manager Attachments: 1. Revenue and Expenditures Report, June 30, 1999 510 LA QUINTA FINANCING AUTHORITY 07/01/1998-06130/1999 REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED DEBT SERVICE REVENUE: Contractual Services Fees 5,600.00 0.00 5,600.00 0.00% Non Allocated Interest 12,400.00 264.23 12,135.77 2.13% Rental Income 672,173.00 684,573.00 (12,400.00) 101.84% Transfer In 0.00 0.00 0.00 N/A TOTAL DEBT SERVICE 690,173.00 684,837.23 5,335.77 99.23% CAPITAL IMPROVEMENT REVENUE: Pooled Cash Allocated Interest 0.00 36.65 (36.65) N/A Non Allocated Interest 0.00 40,617.01 (40,617.01) N/A TOTAL CIP REVENUE 0.00 40,653.66 (40,653.66) N/A TOTAL FINANCING AUTHORITY 690,173.00 725.490.89 (35.317.89) 105.12% 511 001 LA QUINTA FINANCING AUTHORITY 07/01/1998 - 06/30/1999 REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED DEBT SERVICE EXPENDITURES SERVICES 5,600.00 9,036.50 0.00 (3,436.50) 161.37% BOND PRINCIPAL 245,000.00 245,000.00 0.00 0.00 100.00% BOND INTEREST 439,573.00 439,573.00 0.00 0.00 100.00% TRANSFER OUT 0.00 0.00 0.00 0.00 N/A TOTAL DEBT SERVICE 690,173.00 693,609.50 0.00 (3,436.50) 100.50% CAPITAL IMPROVEMENT EXPENDITURES TRANSFER OUT 567,376.00 48,770.00 0,00 518,606.00 8.60% TOTAL CAPITAL IMPROVEMENT 567,376.00 48,770.00 0.00 518,606.00 8.60% TOTAL FINANCING AUTHORITY 1 257 549.00 742 379.50 _ i 0.00 __ 515,169.50 59.03%0 512 004 DEPARTMENT REPORT: F 02 v ri 1 OF CH�� TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: September 7, 1999 RE: Public Works/Engineering Department Report for the Month of July 1999 Atta hed please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status; 6. Maintenance Report. 611d'IF-- Ch is A. Vogt Pu lic Works Director/City Engineer 513 1 999\990907 Dept. wpd �F W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W F- H H F H F H F- O O O Q) O) O O O O O O O O O O O O O O O O) O O Q1 O) O O Q1 O O O O) m O) O) O O O O O O D) O W O O O O D) O) D) D) m 0) O) O) O O) 0 0) 0 0) D) O) D) O) D) O) O O O O D) O O O O) Q) O O O O O O O Q) O m O O D) O O O O O O O O O O O O D) O O O W M m Q) O O O a O 0 0 N N N O O M M r; r; h r- h Ih I� h r-- f� i� I� iz: h h f� I� I� in h 1- h r- r.. h h ll- rz co m ao ao ao a 0 0 0 0 0 o C) C) 0 C) 0 C) 0 0 C) a C) C) C) C. a 0 a C) a C) C) C) a C) 0 0 0 C) 0 0 a O�c) c _y { O°Om •m c Cy m Cm >0m =m O) 0) N C O O) mm EOO OOO OcOOOOad a) (n ai j ao QtQ3 oS otoS QS � c p Qy dS ca Q6 Q8 06 ob oU U0a)0°Y0 0C2�> >> CO »U>> 0 m y _ 3 z 0 3 ` m a o � CL O E 0 cu x ID > c 2 m c m U O) t _ a)v a) S o� o L N y m rn C O N E 3 N O N y y y CO C O d > 5 o Cl." c 2 0 _7 rn n> ) c a t y C w T C C N m 'C C m p N O) .O y w.+,,, 'Fn a) c E T m E 3 m m a3) (n .E g 0 c Lm y L -o E> E y CO �� O y y •mO m xv a)Q ° .0 W o v m .y C E O rT maZ— =0 c m E O > y N 20 T 3 C a m 0 L -0 y y > a y CD E�` N O in m 0 c E 3 w p U C= LO C O a% M m 2 M C d m N j N C a- 0 w � 3 Q 0� U c E o co N � xs m m Z c�i rn o m w m 8 (n 0 -• m L Y a) E axi E n c 3 3 c 3 m v 0) o c> a; y g m E E ayi a) (D > o c'd m=- c m c 0) a 4) y` m•�(D Q as M m M o -0 c r- a) -a c a > O1 a) c w .N a3) 0) E E w E 3 C C to o .. a) Qd � '� ' aO+ Y L p O j N -O o y •O _2) O act o y O) E ..>_ O m 7 y a3) = 1.3 N Q) 0 y C (� a) O O a) �G L U m m c °) o w c( va) m L O o c c� m(D a M a a c p a) E rn c a) o C y o o 06 m N y° = W U) � an) r- a (D.N y C m o Y (A a) v y m E M cn � p U a) O L U) (Ln t (n C 7 m m C p o U c y d Y '.i O) U) 0 -a c 0 E m m y d c m U-0 m O m p O �\ �\ C 0 J N O` LL y O N 00 U V V •fn �O 'O N a) m f9 f6 30 a C C C m U) :O : J C O C c L 0 C N= J w LL d j O p J> Q m@ m m O J c 0 E Y o N Cp y 7 co E> E C C L m Q6 N O_) _0) Cp Q� O d C a Q rn m s ai " E c co °� g p a o E •O w rSc U y a (n y ._ 0° c m o E 0) E m m m ayi m m m v m a s m° y o ayi m FE a m a�mi o a m m c �U- a>mi n� a) QSmQ�cn0�UJU0r�QOHF-W- ami Q CD 2 c @ E o E Y y m N O` _ >> m O a c c O ya) L c c L c o E N E o 3 L 5)3 mc8 t Y m o L c U > a C > O L y .N 0 O) N O L m > L- a c p C0 o v o OC o p Om C0)O m a c- o) w a C c 0) Cl8 o E c o E 8 cn c m LO0)C(n ' 0 _ (n c •O m mN ` ) C O; b C Cn N C E a y 3 o U m o U c > p) y o LL o U) a m c o 00m 06 = oa E���o y O 8 c (n Co 0 mM m> N 00 y C n> Q n m W o c = c � o O 'ul C > °' 06 a) a) p 0) � (DE fn O Ci p m N y Q m 0 c E � L a E M O@@> n N N C m U m (n Q a00 a) r-- W r, w 0 c% y m C @ c. T c C C N m � m w y W O O O a) N m N L C C U) a) E m a) d J C m N O y O C m O a) E= m m U Y N > O a> m C p O O C C O C C g N N 7 C 0) C O Z. .(R. O C Q >> U Q -i n m Q R U) Q Q J > Z m li =' Q m -i m (n C7 2 Q Q -i r m, y y 33 m y y m m c m m m m O C Z O) U 01 C N O 12 � 01 T 0) o 3 U m T X N N N cn CyoC °O ) C tC •O V C •O >•mO 'mOm >m o 0 o =0 O a »>>> o>> co >Q vC�rCn H QQ rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn 0) rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn 0) a) rn rn rn D) rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn QaNa N cfl ��� rnrnrnrnaac� cnvvrnrnr:rnrno�cococDcoco rn rn00000 O OO OO O O 0 0 0 0 r' •' N N N N N N N N N M Q M (M (\) al 0 C) 0 O O O O O C) a C) 0 C) 0 C) 0 0 0 a 0 C) 0 0 C) O O O O O O O Cl O O O O O O LO (D 00 O O N O N h w M Lo N N 0 (D M H (0 LO N M 0 Mt r` CO 0) C) 'Q c0 1- 1` 00 It r fM d) O CD C0 f` 00 (D O (D f` D) 00 tb 40 CD O O Q) C, O O O CD O O O 7. O C) O O r- O CM)N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Cl Cl N Cl N N N N N� �V 002 O a7 n F- ir O 0_ W !_- L,L Ll Q 0 -*- o o D o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 r" Ci to O O V7 M 0 00 0 0 6 CO O N— In 0 N 0 N ' 0 4 L6 00 O -T L N M 69 64 69 69 69 69 to, 64 69 69 64 69 69 69 n y 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 to O O o 0 0 0 O n '.,. � 609 V)� vi69 t9 y N K N s O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 h o 0 0 It 0 '�t 0 0 0 0 0 0 0 o 0 0 In O �n C fix) :A 64!)69 6H r- V3 r- ff) — 69 — E9 — f/i — to69 e- N toItN y a�g O O 2 h. D 7 ta", C O C O N CD O O L L O co 7 0) C 3 o m co OAS O r U (0 cN J C L O co O 3 caa c�pp'�Q3 CL v 0)rn •= yLO rn . z 0 CD _ c=_ —E 3 � U) m � � _"' LOc `_� � to a ti.� 3 M, c 3cuai m rn c a, = C C a") Q"" O C cn 0 y C O C N N U N O cn C C Y L 0 C 0 C C O C N Q� 0) — 0) y (0 W W Q' a. Yn (n � (n � Z � U W � to Lp 0) O cu � m= 03 C m m m N E C N fn N LO W> 0 fn W Z cn M Lo O U O L) Or to=: O O N p O N p'D cu N O O- O 30 N Q 'V C� C_ O O N O C N Q (0 C fU O C N E y 0 -' E 'aj C 76 A hF-F-Ww21M.2d'LLQ>W 00 Ln O t r (D I- O N r- N (D M O '-T (D LA (D '�T I- Ln ti (D ti I-- ti M ti Cl 0 N 0 OOOCAOOOOOOiOOOOOT Q. N N N N N to (D to co O co O (D w O m O T r T r T r r r T T r r r N N 0 0 0 o 0 0 0 0 0 0 0 0 0 0 O 0 515 003 c) n a W W U W cc N Z O a L) J a a a Y L) W 2 V Z a J a 0 0 0 0 0 o 0 0 0 L CO 0) N OLr) , LO ('M Ln t N cl N U y o O N N N y E f0 'O N D7 L C > C Q. J O Q CLco cyo @ *� C7 H d- M a- = 0 0 0 0 O 0 't 0 O O n m M (O M . C* <0-1 vs J). !A C O M U C > C L6 O cu co a CL � ns C7 U .0 rn y +� _N O U U 0 +` cc a) OC (A F Q. +1 � � O C C C N U a) f0 Y d d d O _ N c co J J J0 N 7 co C Y Q > E a tq CD C C C cA Q u v) = OC OC OC U CO I I I N I N Ln rn n In M O)lLO LLB co N13, N N N N E E c U N U > L 7 y O I > 7 U J � CA E O 2 E O 5 a)_ 0 O -',4 E O U n C co J N 0 c W U U oC (A Y a)a)a)0) O M M N r n n n n LO (0 M O O O M M M M Q. M M M 0 N N N (A E E E Q Q Q 0 0 0 N O N N O N 0 0 0 0 0 0 (n M M C) 0',0)0)0� O O N N 51F; r ngl M VJ F- LU CL F- Z w 2 2 U Q O U Z LU `000 `o 1k}� o`o o` o`o o`oo o`00000 o`oo Y x/i U a� Y U ai Y U ai Y U a� Y U d Y U ai Y U m Y U ai Y U d Y U a: Y U m Y U m Y U m Y U m Y U m Y U 0 Y U an Y U d Y U 0 Y U d Y U ai O M M O O) M 0 0 0 M O O Q M M M M O O M M OMMOMMOOOM O O O MMMMOOMM Q M M O M M O O O M O N O N O N M `\\ M M M z O N O N M M : n O M O M M M O N N N [F O M N N N M C\ 1� N M N z M M I� n N i:Z n W N OO.-O — —000r- O O O —0000 O O O 00 O �t O O O O O Q O O O Q O O O O Q p 00 00 p p LO O M O Q O M M O Q Q L6 n M 00 0 n O 0 .-- LO Cl) It Q N M Q O N d• 00 . Cl) (D t^iy N as vMa r. ", to <n +n as yr as to +n +). to +n Y m > (D Y O m w C a) c _ E CA C c N 0 w ° Y w E ° m m E Q7 > N G _ m N m •O O m y d '° O M +' w C CO> Q .0 •� m O �'' Y w C E m U L 7 O C N a y Z C 0 Cc ' Y w v= a _ o m C c > O > O c aD� .� m aD c_ 3 a c E Y w a 7 O C m —_ w C Q Q7 � m m O ° O O L M% m w ' Y w m O t .� c c 'a Y O 4% U �V,, O O E m O O c CO (7 Y ° o 0 m (D C O U m m y m°_ p 0 +° V c ' M O E 3 N d C M 0 C X N d > d y d c N c° y 0 CYO Q C -°° CO y E - t f0 N d � 2 V L V v w U R W c fQ r r m LO m 0000 °• -- c c? c?? o c E m v _ Cn c 3 o o o c m° .�>.f6 0 C. >3`v�°����as�as o 0 oL G cQ and Ci W C O Q M F O != > C> C> C C m 7� N O E 00 > C cv�U.6c° yea 3> ! 3 >Qa o `maoao'm OO Q c lD y M C 2 m 2 m 2 m Q� U M M U m OC N O ° '+_+ M O O O ? 3 ° O LO n w n w G 00 0o C Q 00 coM 00 M O W N M cD 0 O N N N M M C OD fV (V V7 N .. M m N O» M m m M m CO OO cc) 00 0 m N O O Q H LO H F- M In H a. Q EL F, n 'O n 'O N N3: In F- F LO J a oc U O .,, 0 . O U Cn Qf v� c O c O N m to c O 7 + C7. w c c w c w c w U U cmi U w w [i w a0 a) c U w n C C C w w w y ° c U d ° a ° o R° U ° U y ti m m m m ~ ° n m a E E w o w 0 w o c c -O E c m E Q; O m O cc m d Y cn E M w 'O w m w m w E m w m n m m M O M O a) F- m w O '7 C7 m w m 2 U c — c w y °-- a' c' E U E U E U c E c E c E C E° U 3 3 m •c cn c V } d E 0 y O n ai ° o U 0 U o c a) v c 0 v c m ' o. o —a) O. o w� - O w n• E O. o a� a o (D co m e Y "O m m m C? 1- w W (n C 7 " 7 m U 2 2 2 m Q a) p m p p Q > N Z Z Z 3 d 0 0 m i a) d H cn cn w? cn fn O> U '..., W O N M In f0 N 00 M O N M c} In O n a0 M 0.'. M O O O Q O 0 0 0 0 O M 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O N M M M M M M M M M (M M(l) M M M M M M M M M M M M M M M M M M M M M M M M M MMOMMOMM M M M M M M M ':. M M M M M M M M M M M M M M M M M M M M M •. n M w LA M M M O O O O N N M I' n w m w 0 0\ N N N N N N N N N N N N N N ' n n n n n n n n n n n n n n n n n� n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000 517 005 MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1998/99, 1999/2000 July 1999 Rio ��o Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Completion PM1 JO Imprvemnts / 97-01, Calle $720,375 0% 100% Sep 5, 1997 Jan 27, 1998 Tampico Bicycle Path / 97-04 complete NTP Washington St./Ave. 48 Signal / $97,379 0% 100% Nov 1, 1997 Dec 1, 1997 97-02 complete Dune Palms/WWR Crossing / $449,449 0% 100% Jan 5, 1998 Apr 6, 1998 97-06 complete Fritz Burns Park Imprvmnts. / $169,400 0% 100% Nov 12, 1997 Jan 5, 1998 97-07 complete Fritz Burns Park Pool $523,000 0% 100% Feb. 1998 May 1998 Eisenhower Median Landscape $315,730 0% 100% April 1998 July 1998 98-01 Award 4/7/98 Hwy 111 Median Landscape $49,000 Award 0% 100% July 1998 Sept 1998 Rehab. 98-04 6/16/98 City Entrance Monuments 98-05 $257,100 0% 0% July, 1999 Sept, 1999 Award 5/18/99 Miles Ave/Washington St. $1,310,649 0% 100% Sept 21, `98 Mar 12, 1999 Imprvmts / 98-07 NTP Hwy 111/Plaza La Quinta Signal $247,178 0% 100% Sept 1998 Oct 1998 & Sidewalk Improvements 98-08 Award 8/18/98 Washington St. Widening/ Ave 50 $2,428,700 0% 0% Sept, 1999 March, 2000 to Village Ctn. 98-09 Award 6/22/99 Various Citywide Sidewalks, $121,727 0% 100% Nov 2, 1998 Dec, 1998 Ramps & Bus Turnouts 98-13 Award 9/15/98 NTP Pare La Quinta Electrical Under $126,430 0% 100% Jan 1999 July 1999 grounding 98-14 Fritz Burns Park/ Bear Creek Bike $219,807 0% 0% July 1999 Nov 1999 Path Retrofit/rest stops 98-16 Jefferson Street Improvements $6,876,876 0% 0% Dec, 1999 Nov, 2000 HWY111 to Ave 54, 99-05 Award 6/29/99 Ave 50 Median Landscape /99-01 $210,000 0% 0% July, 1999 Sept, 1999 518 T:\PWDEP1ACIPDMMPSSMST_REPORT\9907Mpsmst.wpd Revised 8113199 006 �i111111���1111111�i'ii��11111111111111111111ii�� r�11111111�E�11111I1111��II1111i�I�i����11�111i1 �IIIIIII���IIIIIIIIii'iii11����1ii'IIIIIIII����Ii��� ��������IIIIIIIII��ii'i111111111������1111111iir�r� 91111111111����II��i��i11111111111111111111ii�� �I�IIIIII����IIIIIIi�i��1111111111111111111i��� 311111111���III��IIi������11111111111111111ii�� �IIIIIIII��IIIIIII�ii'III���IIIii'IIIIIIIII���Ii1�� 'r�111111��1111111i1i1111111��1II,1I1,�����/����� �IIIIIIIIII��������ii'��i111111111����1111111i��� 311111111�����Ii11�iii��11111111111111111111�ii�� �IIIIIIII����IIIIIIii'iiii'ii�1111111111111111111ii�� .-� tEo bay bEb Ya UbtU UsU = ° c U0,� o �dN U U o Q CL r c c a L° i o o y c c rn rn E 3 c n c v 1O aZ o E E _ ° 16 w m m N N U O f0 f0 (A U 7 N > c C - - N /Q O N N CL - U U I� pq5HE Nz H.SHm�a��c�NQm8 H [q, �l 1_RK 1 1s R1 DEPARTMENT REPORT: I_ The July, 1999, Police Report includes Afontldy Highlights gfpolice actiytty, a Target Team Recap, and statistical comparisons ofpohce activity during the month ofJuly. This nwnth's report includes an introduction to the Desert Homicide and.1 fajor C'rirnee I'rrit. A/so mentioned, is a brief update on promotions and trans/er.c. .''uhntitted by Capt. Darla Singerion, Police C hiel In summary, review of July comparative statistical data indicates: I'm pleased to report that most major Part One (Homicide, Rape & Bur- glary) crimes remain down on year- to-date (YTD) comparisons. How- ever, burglaries are continuing to spike and require our special atten- tion. • Last month I reported a stabilization of Narcotic activity, but July statis- tics have returned to the highs re- ported in April and March. The Tar- get Team has been involved in sev- eral investigations which undoubt- edly uncovered activity previous un- reported. • The Vehicle Thefts are higher on YTD comparisons for the previous year, however the statistics are still decreasing from earlier Ihighs. Thanks to a very active Traffic En- forcement Team, Traffic Citations are again showing sharp increases. I'm happy to announce that Investigator Tim McManus (lead investigator for LaQuinta cases) has been promoted to Sergeant. Bad news — He is being transferred to the Palm Desert Station. Good news — SRO Rickie Simms (La Quinta High School) has been promoted to investigator and will move into the slot left by McManus. Investigator Simms brings a wealth of LaQuinta exposure and knowledge to his new post. This month's feature is an introduction to a brand new unit in the Desert, DHMCU. A special unit has been formed comprised of personnel from both the Indio DNMCUand Palm Desert Sheriff s Stations. The unit which began operations in July will respond to calls for contract cities (LaQuinta) and unincorporated areas serviced by our two stations. This unit is meant to be a career choice DESERT -- alloying for intensive training and HOMICIDE 8 familiarity with the service areas. The unit is headquartered in the Palm Desert Station MAJOR CRIMES and jointly monitored by Station UNIT Commanders. 'file unit responds on all liomicides, suspicious deaths where the possibility of homicide is present, all in -custody deaths, major assaults where death appears imminent, and criminal investigations related to Sheriff's Officer involved shootings. CITY of LA QUINTA MONTHLY HIGHLIGHTS JULY Page 01 070199 Palm Springs resident arrested for possession methamphetamine behind Vons La Quinta resident arrested for driving under the influence @ Washington and Calle Tampico. 070299 Indio resident arrested for possession of methamphetamine @ Jefferson and Fred Waring. La Quinta juvenile arrested for possession of methamphetamine @ 51700 block of Avenida Herrera. 070399 Indio resident arrested for driving under the influence @ Jefferson and Hwy. 111. La Quinta resident arrested for driving under the influence @ Washington and Eisenhower. 070499 Palm Desert resident arrested for driving under the influence @ Miles and Washington. 070599 La Quinta resident arrested for driving under the influence @ Washington and Ave. 47. La Quinta resident arrested for driving under the influence @ Washington and Ave. 48. 071199 La Quinta resident arrested for possession of methamphetamine @ Avenida Carranza and Calle Durango. 071399 Indio resident arrested for three misdemeanor warrants @ Hwy. 111 and Adams. 071499 La Quinta resident arrested for driving under the influence @ Avenida Martinez and Calle Tampico. 522 CITY of LA QUINTA MONTHLY HIGHLIGHTS JULY Page 02 071699 La Quinta juvenile arrested for possession of marijuana @ 52200 block of Avenida Vallejo. 071799 Indio resident arrested for public intoxication @ the Red Robin. Palm Desert resident arrested for possession of heroin in front of Starbucks. 072199 La Quinta resident arrested for felony warrant @ 53500 block of Avenida Rubio. 072299 La Quinta resident arrested for possession of methamphetamine @ Eisenhower and Calle Tampico. Palm Springs resident arrested for possession of methamphetamine and marijuana for sale @ Eisenhower and Calle Tampico. La Quinta resident arrested for battery and terrorist threats @ 53200 block of Avenida Navarro. 072399 La Quinta resident arrested for a drug lab @ 51300 block of Calle Paloma. 072499 La Quinta resident arrested for felony warrant @ 51200 block of Calle Guatemala. La Quinta resident arrested for domestic battery @ 46400 Dune Palms. 072599 La Quinta resident arrested for possession of methamphetamine @ 52500 block Avenida Ramirez. 523 CITY of LA QUINTA MONTHLY HIGHLIGHTS JULY Page 03 The La Quinta Target Team conducted driving under the influence enforcement/education program for the 4th of July weekend. The program resulted in the arrest of five suspected drunk drivers. The program was received in a positive manner by local business owners as well as citizens of La Quinta. The La Quinta Target Team assisted the Special Investigations Bureau in the service of a search warrant on a suspected lab manufacturing methamphetamine. The warrant resulted in evidence establishing that a lab was in operation and the arrest of one suspect. Total traffic citations issued: 187 Total arrest warrants served: 20 524 Riverside County Sheriff's Department La Quinta Target Team Monthly Report July 1999 The following is a summary of the Target Team activities for the month of July. Ongoing investigations: Arrests/Filings: Vehicle stops/checks Business contacts Investigation assists Arrest warrants served Arrest warrants attempted Programs Pedestrian checks Crime prevention hours Bar checks Back-ups Follow-ups Search Warrants Probation searches Parole searches Consent searches Meetings Recovered stolen property Citations Surveillances Property checks Civil Commitments Bicycle time Training hours Illegal Drugs seized Total mileage: 1353 Arrest and Filing summary: 4 13 144 20 6 10 10 2 28 2 22 10 8 1 6 6 40 3 $33,000.00 28 2 4 0 hrs. 2 hours 12 .6 gram Methamphetamine Small amount Marijuana LQ resident arrested for possession of methamphetamine. LQ residents arrested for manufacturing of methamphetamine. 525 (4) Perris residents arrested for 11550 H&S (under the influence of drugs). LQ resident arrested for a felony drug related warrant. (5) arrests were made for DUI. (2) arrests were made for public intoxication. An Indio resident was arrested for possession of stolen property, a 1999 Lexus, which was taken during a burglary. Noteworthy accomplishments: The Target Team and County Probation conducted (5) probation searches in the City Of La Quinta. The Target Team conducted (6) parole searches in the City of La Quinta. The Target Team assisted SIB East with a search warrant in the 51300 block of Ave. Paloma. All the equipment and supplies were located in order to manufacture methamphetamine. One person was taken into custody. The Target Team assisted Indio Police with a felony traffic stop on several Indio gang members, one of which was arrested for a recent homicide in Indio. The Target Team assisted the Palm Desert Target Team with an arrest and the recovery of a stolen vehicle from a LQ burglary. The Target Team arrested a known drug dealer in reference to a felony warrant. The Target Team is currently working with residents at the Palm Royale Country Club in order to start a Neighborhood Watch Program. The Target Team participated in a 11550 H&S program in the City of Perris in order to make the necessary Under the influence evaluations for the continued DRE Certification process. The Target Team assisted patrol with several calls for service including; traffic stops, collisions, and burglaries. The Target Team conducted a DUI enforcement program for the 4th of July weekend. The outcome of this program follows; 136 traffic stops were made. 28 citations were issued. 18 bar checks were conducted 526 5 persons were arrested for DUI. 2 persons were arrested for public intoxication. 17 business contacts were made. 10 vehicles were stored. 12 misc. Arrests were made. The program, overall, was determined to be very successful in that numerous businessess showed a positive reaction to the program and the Target Team was contacted by a local establishment in order to assist with an employees meeting reference the ABC laws. Prepared on 07/28/99 by; S. R-C-:�r Dep. E. Price #2273 Dep. T. Brewster #2297 5`-_-7 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY JAIL Y 1999 528 CITY OF LA QUINTA JULY CRIME COMPARISONS GRIME JULY 99 JULY 98 YTD 99 YTD 98 *HOMICIDE 1 0 1 2 *RAPE 1 1 3 12 SEX CRIMES (FEL) 3 1 16 11 SEX CRIMES ISD) 0 6 6 13 ROBBERY 3 2 10 7 ASSAULT (FEL) 7 5 63 61 ASSAULT ISD 22 12 133 104 BURGLARY 33 26 202 226 *VEHICLE THEFT 7 6 65 49 *THEFT FED 20 7 98 81 THEFT MISD 16 24 174 184 VANDALISM ISD) 31 21 250 161 DOM. VIOLENCE 12 5 71 68 NARCOTICS 13 4 63 35 DUI 11 12 49 64 TIC NON -INJURY 30 29 208 201 T/C INJURY 5 1 30 34 T/C FATAL 0 0 1 0 TRAFFIC CITATIONS 275 199 1 1798 1581 * STATISTICS INCLUDE ATTEMPTS 529 z w 2 F� CL w 0 Q J LA T F- Wi CE CO a W 0 r.� 0 CD vO c) Ln co LO o Ln o 111, tM M N N V- V-- 530 0) 00 rn rn IN 01 i, Q W LO © LO a � 0 N N T- Ir- 531 z LLJ CL 0 9 z a rwr aN 532 Q J N ems- CD to C� w O w O O WZ 7 O I 533 z LIJ F- a w 0 w U J 0 9 z 0 Q J 0) 00 C) 6? ■0 d' N O 00 co 44" N 534 I r.� g a C? 00 Co �3 z w a w 0 W U J 0 CL z 0 Q J 0) OD G) t) J )� D :D n n LL D a U H O LLO 0 to C7 LO � M N tV P �- 5 3 S CITY OF LA QUINTA DISPATCH INFORMATION / JULY 1999 TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS CODE 1: ROUTINE 8 921 CODE 3: EMERGENCY 0 0 537 wIC- Worn fn �f P ATTENTION COVE RESIDENTSM Are you someone who... - Owns a dog, and enjoys walking in the desert? - Values the natural environment of your neighborhood? - Loves nature and the untouched mountains? - Hikes the trails or jogs or walks in the peaceful desert? - Do you care that your children can grow up in safety and enjoy nature? Are you aware that all of this Is being threatened to disappear? The city of La Quinta is at this moment moving to approve plans to develop the open desert south of Tecate — the one remain- ina natural frontier left for Cove residents to enjoy! If you do not oppose this development it will surely come to pass. They have started with shade structures placed along the Montezuma bike path. They are an eyesore, breaking the view of the mountain- ous areas surrounding our Cove ... this is only the beginning! Wouldn't it make more sense to plant a tree for shade? Did you know that the city is planning yet another golf course or possibly a gated community for the area above Tecate? This will rob us of the open space and unobstructed views of which we treasure and is the reason most of us live here! They are also planing to put in a picnic area at the palm tree oasis. All of this will only promote the following: • Parking problems • Loitering • Much more traffic and noise • Graffiti • Increase of garbage and litter around the area • Alcohol & drug abuse We are asking you for your support to preserve our community of which we cherish - with only minimum effort on your part. We ask you to make your opinions known at the city council meeting on September 7th at 7pm (arrive 10 minutes early to sign up if you want to voice your opinion) at La Quinta City Hall, (Tampico and Washington streets). PLEASE SHOW UP FOR THIS MEETING AND TELL YOUR NEIGHBORS! T4'it 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Public Hearing Regarding Weed Abatement/ Lot Cleaning Assessments for Placement on 2000/2001 Property Tax Roll AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4- Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2000/2001 Property Tax Roll as listed in the Resolution. None None The purpose of this public hearing is to provide the City Council with the opportunity to hear and consider public objections and protests, regarding the adoption of the proposed Resolution. The Resolution contains a description of each real property parcel cleared or cleaned by the City of La Quinta over the past seven months along with the associated costs to be placed on the property tax roll. Notices of this public hearing were sent to the property owners advising them of the hearing date. At the time of this writing, no written communications have been received regarding this matter. All of the listed property owners have been notified of the costs associated with the abatement and have been given approximately 30 days in which to reimburse the City. 1. Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2000/2001 Property Tax Roll; or 2. Do not adopt the proposed Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building & Safety Director Approved for submission by: Thomas P. Genovese, City Manager - 541 002 RESOLUTION NO.99_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE BE IT RESOLVED, Chapter 11.72 of the La Quinta Municipal Code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and BE IT RESOLVED, in accordance with said abatement procedures, the Building & Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and BE IT FURTHER RESOLVED, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, THE City Council of the City of La Quinta does hereby resolve as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes: 54? 003 Resolution No. 99 Lot Cleaning/Weed Abatement September 7, 1999 Page 2 ASSESSOR'S COST TO 25% ADMIN. PARCEL # ABATE COST TOTAL Starlight Dunes 609-080-017 $3,500.00 $875.00 $4,375.00 Howard, Ward & Cindy Howard 646-311-015 125.00 31.25 156.25 Howard, Ward & Cindy 646-311-016 125.00 31.25 156.25 Cervenka, Katherine 649-051-012 200.00 50.00 250.00 Gardner, Dennis 769-062-012 500.00 125.00 625.00 Puccio, Carlo & Rose 769-072-008 250.00 62.50 312.50 Carriere, Louise & Jacqueline 769-072-009 250.00 62.50 312.50 Stellar, Richard 769-114-013 125.00 31.25 156.25 Lao, Michael 769-114-021 125.00 31.25 156.25 Thilagawathy, Roy 773-123-023 175.00 43.75 218.75 Reyes, Mark B. 773-133-008 200.00 50.00 250.00 Martha Ann Ellis 773-224-022 300.00 37.50 375.00 Cross, Stephen J. 773-271-007 125.00 31.25 156.25 Trang, Van K. 773-321-009 175.00 43.75 218.75 Burton, Dorothy J. 773-324-005 125.00 31.25 156.25 Burton, Dorothy J. 773-324-006 125.00 31.25 156.25 Cooper, Charles V. & Norma Lee 774-051-003 175.00 43.75 218.75 Wilson, Don E. & Connie 774-201-002 125.00 31.25 156.25 Devane, William & Eugenie 774-221-004 125.00 31.25 156.25 Fountain View Development 774-253-004 125.00 31.25 156.25 Guerra, Charles & Dolores 774-253-014 175.00 43.75 218.75 Brewster, Robert A.,Trustee 774-271-008 125.00 31.25 156.25 Brewster, Robert A.,Trustee 774-271-009 125.00 31.25 156.25 Alden, Ivy P. 774-275-022 150.00 37.50 187.50 3. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. 543 W Resolution No. 99 Lot Cleaning/Weed Abatement September 7, 1999 Page 2 APPROVED and ADOPTED this Z day of Se tep mber, 199 . AYES: NOES: ABSTAIN: ABSENT: John Pena, Mayor City of La Quinta ATTEST: Saundra L. Juhola, City Clerk City of La Quinta, CA APPROVED AS TO FORM: Dawn Honeywell City Attorney 544 005 Tdy,, 4 XP Q" COUNCIL/RDA MEETING DATE: September 7, 1999 au s Continued Public Hearing on Specific Plan 99-037 and Site Development Permit 99-654, a Request to Approve Development Principles and Design Guidelines for a 200 Unit Apartment Complex on 14.1 Acres in a Regional Commercial Zoning District and Building Elevations and Development Plans for Property Located 507 feet North of 48`h Avenue and East of Adams Street. Applicant: A. G. Spanos Corporation AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 21 Adopt a Resolution of the City Council certifying an Addendum (Environmental Assessment 99-385) to the Environmental Impact Report for Redevelopment Project Area No. 2 (State Clearinghouse No. 88041 1 1 1) for Specific Plan 99-037 and Site Development Permit 99-654; and Adopt a Resolution of the City Council approving Specific Plan 99-037, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Site Development Permit 99-654, subject to findings and conditions as attached. ►I•101 W-All I�► The City of La Quinta Redevelopment Agency (RDA) is negotiating the sale of the property to the applicant, provided 20 units are affordable. The Affordable Housing Agreement between the Agency and the applicant is Item 1 on this agenda. None. all SRCCSpanos200 9/3/99- 36 The 14.1 acre site is vacant and located on the east side of Adams Street, approximately 507 feet north of Avenue 48 (Attachment 1). Surrounding properties to the north, south and east are vacant. On August 3, 1999, the City Council, on a 5-0 vote, continued discussion on this project to September 7, 1999, at the request of the developer's attorney to permit further review of the Affordable Housing Agreement (Attachment 2). Planning Commission Action The Planning Commission considered this request at its meeting of July 27, 1999, and by a 5-0 vote recommended approval of the 200 unit apartment complex by adoption of Resolutions 99-058 through 99-060, subject to findings and conditions. Condition #100 of the Site Development Permit requires the middle driveway on Adams Street to be eliminated, limiting project access to only two driveways instead of three. The Commission determined that eliminating the middle driveway would reduce traffic conflicts and enhance traffic movement. Access to the recreation building parking lot will occur by using either of the remaining driveways. A copy of the minutes is attached (Attachment 3). Project Request The applicant requests approval of a 200 unit apartment complex at 14.18 units per acre (Attachment 4). The buildings are two story with a maximum height of 30'-2" having 4:12 roof pitches. Ten percent of the residential units (20) are designated as affordable. Buildings are grouped in clusters around common open space. Two story building elements are typically set back 70 feet or more from adjacent property lines and 150 feet from Adams Street. Floor plans are one- and two -bedrooms ranging in size from 792 square feet (72 units) to 1,121 square feet (128 units). Perimeter parking areas are setback 5' to 10' from the north, south, and east property lines. Changes to the Zoning Code requested by the Specific Plan include: 1) reducing perimeter setbacks for parking structures to a minimum of five feet; 2) reducing the percentage of affordable units from 15% to 10%; and 3) providing minor modifications to parking design standards. Each of the six different building types will have roofs covered with flat concrete tiles. Exterior walls will be clad with stucco. Desert color tones are proposed (e.g., beige, etc.). The color material sample board will be available for viewing at the meeting. Multi -pane windows are proposed on the first floor, with single pane, single hung sash windows on the second story. The proposed first floor windows will have stucco 546 SRCCSpanos200 9/3/99- 36 002 surrounds. All proposed windows including the sliding glass doors will have aluminum frames. Each of the proposed units has a covered outdoor patio or balcony. Project access is proposed to be three driveways on Adams Street. Each access point is accented with stamped concrete paving. Automatic swing gates will be used to control access into the project at the north and south entrances. Gated access is not being proposed for the middle driveway serving the recreational and rental office building complex only. Two way access is provided for this project by a private loop street measuring 28-feet in width. The looping street provides access to many of the building complexes and to other 26-foot wide parking lanes. Parking for the project consists of open parking for guests and covered parking (carports and garages) for residents. Attached garages are proposed for several of the buildings. Carport structures are freestanding and constructed of prefabricated metal. The total number of parking spaces for the project is 406, with 300 spaces being covered. This is a ratio of two parking spaces per unit. The two structure recreation complex, proposed near Adams Street, is single story (3,144 square feet) and a maximum 23'-9" in height. The buildings will have an open air breezeway between them. Each building will have a hip roof covered with flat concrete tiles. The proposed walls will be clad in stucco to match other on -site buildings. Solid, flat roofed patio covers are provided at each of the four building entrances. Recreational amenities include a 75 foot long lap pool, spa, putting greens, basketball and volleyball courts, and other uses. Fourteen open parking spaces are provided on the west side of the recreation buildings to accommodate leasing activities and temporary guest parking. Pedestrian sidewalks connect the buildings to the parking and recreation areas. Landscaping plans reflect a varied plant palette. Mature Date Palm trees, measuring 25 feet in height, will accentuate and frame the two gated project entrances and other types of ornamental palms are used for common areas. Trees are spread throughout the development in a random pattern and are sited to provide shading for buildings and open parking areas. The trees consist of Chilean Mesquite, African Sumac, and California Pepper in 24" to 36" box sizes with 1.5 to 3.0 calipers. Low Level lighting is planned for landscaping and pedestrian areas and other forms of lighting will be submitted prior to building permit issuance (i.e., game courts, etc.). Hooded parking lot light fixtures are proposed with poles being 24 feet or less in height. A perimeter SRCCSpanos200 9/3/99- 36 547 6 foot high masonry wall clad in stucco is planned for privacy and security except along Adams Street which will have a combination fence of stucco masonry with wrought iron on the top three feet. Storm water retention is proposed adjacent to Adams Street, north and south of the recreation complex parking lot. This area will be sodded and available for passive recreational opportunities. Public Notice This case was advertised in the De-sert_Ssan newspaper on July 12, 1999, as well as mailed to all property owners within 500-feet of the site. No written correspondence has been received. Public Agency Review The applicant's request was sent to applicable agencies on June 28, 1999, and any pertinent comments received are incorporated into the conditions. Findings necessary to approve this request can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying an Addendum (Environmental Assessment 99-385) to the Environmental Impact Report for Redevelopment Project Area No. 2 (State Clearinghouse No. 88041 1 1 1) for Specific Plan 99- 037 and Site Development Permit 99-654; and Adopt a Resolution of the City Council approving Specific Plan 99-037, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Site Development Permit 99- 654, subject to findings and conditions as attached; or SRCCSpanos200 9/3/99- 36 We* 004 2. Do not approve the 200 unit apartment complex; or 3. Continue the request to the September 21, 1999 City Council meeting; or 4. Provide staff with alternative direction. Respectfully submitted, Jerty Herman Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. City Council Minutes of August 3, 1999 (Excerpt) 3. Planning Commission Minutes of July 27, 1999 (Excerpt) 4. Site Plan 5. SP 99-037 Document (Council Only) SRCCSpanos200 9/3/99- 36 549 005 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN INITIAL STUDY/EIR ADDENDUM FOR ENVIRONMENTAL ASSESSMENT 99-385 PREPARED FOR SPECIFIC PLAN 99-037 AND SITE DEVELOPMENT PERMIT 99-654 ENVIRONMENTAL ASSESSMENT 99-385 A. G. SPANOS CORPORATION/LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 3`d day of August, 1999, and 7th day of September, 1999, hold duly -noticed Public Hearings to consider Environmental Assessment 99-385 prepared for Specific Plan 99- 037 and Site Development Permit 99-654; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of July, 1999, hold a duly -noticed Public Hearing to consider Environmental Assessment 99-385 prepared for Specific Plan 99-037 and Site Development Permit 99-654, and on a 5-0 vote adopted Resolution 99-058 recommending certification to the City Council; and WHEREAS, the applications complied with the requirements of "The Rules to implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 99-385); and WHEREAS, it is the determination of the Community Development Director that the proposed applications implement the La Quinta Redevelopment Plan for Project Area #2, for which an EIR was certified by the City Council (State Clearinghouse No. 88041 1 1 1) on May 16, 1989, and that pursuant to Public Resources Code 21090, actions taken to implement a redevelopment plan are deemed a single project, and no further environmental review is necessary beyond analysis of project -specific impacts. The Community Development Department has prepared Environmental Assessment 99-385 as an addendum to the EIR. No changed circumstances or conditions exist which require preparation of a subsequent EIR, pursuant to Public Resources Code 21 166; and WHEREAS, the City Council has considered the EIR for Redevelopment Project Area #2 and Addendum thereto; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 550 W AAreso CC EA 99-385 Spanosmpd - 36 Resolution 99- EA 99-385 for Specific Plan 99-037 and Site Development Permit 99-654 1. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigable impacts were identified by Environmental Assessment 99-385. 2. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not have the potential to degrade the quality of the environment, as the project in question is consistent with General Plan goals, policies and objectives and other current City standards. The project does not have the potential to eliminate an important example of California prehistory, as extensive archaeological investigation of the site has been conducted and mitigation measures recommended. The applicant has agreed to implement the necessary mitigation measures during site development, and concurs with project conditions of approval relating to this matter. 3. The proposed Specific Plan 99-037 and Site Development Permit 99-654 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the project will help to implement the La Quinta Redevelopment Plan for Project Area #2. 4. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not result in impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the proposed project is being undertaken pursuant to a redevelopment plan for which a final EIR has been certified, and no changes in conditions or circumstances, as outlined in Public Resources Code Section 21166 have occurred. 5. The proposed Specific Plan 99-037 and Site Development Permit 99-654 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as the proposed project will develop residential land uses which have lower impacts than the commercial land uses contemplated in the General Plan and analyzed in the certified General Plan EIR. 6. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan and Site Development Permit, as proposed, do not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. 551 007 AAreso CC EA 99-385 Spanos.wpd - 36 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 99-385 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 552 AAreso CC EA 99-385 Spanosmpd - 36 008 Initial Study and EIR Addendum State Clearinghouse #88041111 for Environmental Assessment 99-385 Prepared for Aventine Apartments The Spanos Corporation and the La Quinta Redevelopment Agency Applications under Review: Affordable Housing Agreement Specific Plan 99-037 Site Development Permit 99-654 Prepared by: Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 July 12,1999 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 553 009 Environmental Checklist Form Project Title: Aventine Apartments Specific Plan 99-037 Site Development Permit 99-654 Affordable Housing Agreement 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di Iorio 760-777-7125 4. Project Location: East side of Adams Street, approximately 507 feet north of Avenue 48. 5. Project Sponsor's Name and Address: A.G. Spanos Corp. 5029 La Mart Drive, Suite A2 Riverside, CA 92507 6. General Plan Designation: Mixed/Regional Commercial 7. Zoning: Regional Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project will consist of 200 multi -family dwelling units in two story structures, with a central common recreational area to include a recreation building, putting course, volleyball and basketball courts, and a pool and spa. Carports and garages are generally to be located along the perimeter of the project. Five percent (10 units) of the proposed apartments will be restricted to low income households, and an additional five percent (10 units) will be restricted to moderate income households for a total of 20 units. The project occurs within the boundaries of Redevelopment Area #2. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. Adjacent land to the north has been approved for an Auto Mall which is currently under construction. Land to the south and east are currently vacant. Lands to the west, across Adams Street, is the partially developed low density residential (Lake La Quinta). 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation 554 agreement.) - Coachella Valley Water District, Imperial Irrigation District, etc. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 010 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Transportation/Circulation Public Services Population and Housing Biological Resources Utilities and Service Systems X Geological Problems Energy and Mineral Resources X Aesthetics X Water Hazards X Cultural Resources Air Quality x Noise X Recreation Mandatory Finds of Significance Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a potentially significant impact or potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. X I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Printed Name P:\EA 99-385, EIR Addendum, Aventine Specific Plan Date Department 555 011. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, `Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 556 012 Sample question: I. II. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: Landslides or mudslides? (1,6) (Attached source list explains that 1 is the general plan, and 6 is a USGS topo map. This answer would probably not need further explanation.) LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (1 ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact ��M b) Conflict with applicable environmental plans or policies adopted by X agencies with jurisdiction over the project. ( 1, 2, 3 ) c) Be incompatible with existing land use in the vicinity? ( 4) X d) Affect agricultural resources or operations (e.g., impacts to soils or X farmlands, or impacts from incompatible land uses)? (4, 5) e) Disrupt or divide the physical arrangement of an established X community (including a low-income or minority community)? (4 ) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X (1) b) Induce substantial growth in an area either directly or indirectly (e.g., X through projects in an undeveloped area or extension or major infrastructure)? (1) c) Displace existing housing, especially affordable housing? (4) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (5) P:\EA 99-385, EIR Addendum, Aventine Specific Plan 557 013 Issues (and Supporting Information Sources): b) Seismic ground shaking? ( 5, 6) c) Seismic ground failure, including liquefaction? ( 5 ) d) Seiche, tsunami, or volcanic hazard? ( 5) e) Landslides or mudflows? (5) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( 6 ) g) Subsidence of the land? (6) h) Expansive soils? ( 6 ) i) Unique geologic or physical features? IV. WATER. Would the proposal result in: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact mmm a) Changes in absorption rates, drainage patterns or the rate and amount X of surface runoff? ( 7) b) Exposure of people or property to water related hazards such as flooding? ( 5,6,7 ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( 7) d) Changes in the amount of surface water in any water body? ( 7) mmm e) Changes in currents, or the course or direction of water movements? X (5,7) P:\EA 99-385, EIR Addendum, Aventine Specific Plan 559 014 V Issues (and Supporting Information Sources): Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact f) Change in the quantity of ground waters, either through direct X additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? (5,6,7) g) Altered direction or rate of flow of groundwater? ( 5, 7) h) Impacts to groundwater quality? (7) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (5) AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( 5) b) Expose sensitive receptors to pollutants? (5 ) mmm c) Alter air movement, moisture, or temperature, or cause any change in X climate? ( 7 ) d) Create objectionable odors? (7) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (8) b) Hazards to safety from design features (e.g., sharp curves or danger- L ous intersections) or incompatible uses (e.g., farm equipment)? (8) c) Inadequate emergency access or access to nearby uses? ( 7 ) d) Insufficient parking capacity on -site or off -site? (7 ) P:\EA 99-385, EIR Addendum, Aventine Specific Plan M�m VII. Issues (and Supporting Information Sources): e) Hazards or barriers for pedestrians or bicyclists? (7 ) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact f) Conflicts with adopted policies supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? ( 7 ) g) Rail, waterborne or air traffic impacts? (5) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including X but not limited to plants, fish, insects, animals, and birds)? ( 5 ) b) Locally designated species (e.g., heritage trees)? (5 ) c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? ( 5) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? (5) e) Wildlife dispersal or migration corridors? (5) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (1, 3, 5) b) Use non-renewable resources in a wasteful and inefficient manner? X (5,7) c) Result in the loss of availability of a known mineral resource that X would be of future value to the region and the residents of the State? (1,5) 560 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 016 IX. X. XI. Issues (and Supporting Information Sources): HAZARDS. Would the proposal involve: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact a) A risk of accidental explosion or release of hazardous substances X (including, but not limited to: oil, pesticides, chemicals, or radiation)? (1,7) b) Possible interference with an emergency response plan or emergency X evacuation plan? ( 1, 7 ) c) The creation of any health hazard or potential health hazard? (7) X d) Exposure of people to existing sources of potential health hazards? X (1) e) Increased fire hazard in areas with flammable brush, grass, or trees? X (5) NOISE. Would the proposal result in: a) Increases in existing noise levels? (5,9) b) Exposure of people to severe noise levels? ( 9) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (5) b) Police protection? (5) c) Schools? (5) d) Maintenance of public facilities, including roads? (5) e) Other governmental services? (5) M�= 561 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 017 Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (5, 7) X b) Communications systems? (5, 7) X c) Local or regional water treatment or distribution facilities? ( 5, 7) X d) Sewer or septic tanks? ( 5, 7) }{ e) Storm water drainage? (5, 7) X f) Solid waste disposal? ( 5, 7) X g) Local or regional water supplies? (5, 7) X XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (5, 7) X b) Have a demonstrable negative aesthetic effect? (7) X c) Create light or glare? (7) X XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (10) X b) Disturb archaeological resources? (10) X Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact Issues (and Supporting Information Sources): 562 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 1n 018 c) Affect historical resources? (10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (10) e) Restrict existing religious or sacred uses within the potential impact X area? (10) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (7) b) Affect existing recreational opportunities? (5, 7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare to endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? mmm mmm c) Does the project have impacts that are individually limited, but X cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause X substantial adverse effects on human beings, either direct or indirectly? 563 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 019 ENVIRONMENTAL ANALYSIS Introduction This section of the EIR Addendum addresses the issues found to have a potential impact in the Initial Study. Those issues identified as "No Impact" require no further discussion, and are not included in the discussion below. This discussion tiers off the Final Environmental Impact Report prepared and certified for La Quinta's Redevelopment Area #2 (State Clearinghouse No. 88041111). The Public Resources Code defines all implementation projects of the Redevelopment Plan as one project, analyzed in the Redevelopment Area #2 EIR, and requiring no further analysis. Issues discussed in this Addendum pertain directly to the proposed project's site -specific impacts, as required by Public Resources Code 21090. Project Description Three applications are under review as part of this Addendum: Specific Plan 99-037, Site Development Permit 99-654, and an Affordable Housing Agreement. These applications would allow the construction of 200 multi -family dwelling units on 14.1± acres on the east side of Adams Street, approximately 507 feet north of Avenue 48. The Affordable Housing Agreement being considered as part of this proposal will require the dedication of 5% of the units to low income households (10 units), and 5% of units to moderate income households (10 units). The project site is currently vacant stabilized sand dunes, and slopes from the northwest to the southeast. Lands occurring to the north, south and east of the site are currently vacant. The approved La Quinta Auto Mall Specific Plan is currently under construction will occur on the lands to the north of the site. Lands to the west across Adams Street are partially developed within the Lake La Quinta project. The two story buildings proposed for this project will contain clusters of 8 and 16 apartments units. Three floor plans are proposed, ranging in size from 792 square feet to 1,121 square feet. The proposal calls for 72 one -bedroom units and 128 two -bedroom units. All buildings will be sited around a central recreation area, which will include a recreation building, pool and spa, basketball court, putting course, volleyball and horse shoe courts. Access to the project will be provided along a loop road. The Specific Plan calls for 106 uncovered parking spaces, 204 carport spaces, and 96 garages, clustered adjacent to the apartment buildings they serve. Two retention basins occur at the western property boundary, and provide considerable setback for the buildings themselves. The retention basins are proposed to also be used as park areas, and are sited behind the project fence. INITIAL STUDY DISCUSSION The following discussion is based on the numbered source in the Initial Study Checklist, and addresses those issues identified therein as having a potential impact. 564 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 0 fi O F., Land Use and Planning I. a) Environmental Setting The City of La Quinta General Plan Land Use Map designates the subject property as Mixed/Regional Commercial (M/RC) Overlay District. The property's Zoning designation is Regional Commercial. The proposed project is proposed to be entirely residential in nature. The proposed site is part of a larger parcel, also designated Mixed/Regional Commercial totaling approximately 50 acres. Project Impacts and Mitigation The General Plan supports the development of high density residential land uses in the M/RC designation, particularly outside the Highway 111 corridor. Policy 2-3.1.7 requires "strict design and development standards and a high ratio of affordability." Policy 2-3.1.9 states "a specific plan must be approved prior to any land division or other development approval...." The proposed project will provide 10% of its units for low and moderate income families, addressing the requirements of policy 2-3.1.7, and the submittal of Specific Plan 99-037 will satisfy the requirements of policy 2-3.1.9. The Land Use Element further states (Policy 2-1.1.8) "Appropriate locations for HDR areas include areas where planned community facilities, major vehicular transportation system access, appropriately sized utilities, commercial services and employment uses are easily available..." Under Section 9.80.030 of the Zoning Ordinance, a minimum of 15% of the proposed dwelling units shall be set aside for low- and/or very -low income households. The proposed project will be located on a Primary Arterial roadway, less than a half mile from Highway 111, and adjacent to the planned La Quinta Auto Mall project. Residents at the site will be within easy reach of shopping and employment opportunities, and public transportation. The project location is also supported in the City's Housing Element, by providing affordable housing near employment and transportation systems. The size of the parcel, 14.1t acres does not represent a substantial loss in commercial lands (1% of total commercial acreage), and will provide a buffer to low density land uses located to the west. Implementation of the proposed project therefore represents a less than significant impact. Population and Housing II. a & b) Environmental Setting The project site, designated for Regional Commercial, was not anticipated to contribute directly to the City's population base. The General Plan, however, does support the availability of affordable housing adjacent to employment centers. The City's buildout population is projected to total 59,392, in 31,243 dwelling units. Project Impacts and Mitigation The proposed project has the potential to generate a population of 646 persons, based on current household size in the City (Department of Finance household size of 3.228 565 persons). The increase represents only 1 % of the City's buildout population, and does not represent a significant impact to population projections. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 021 The proposed project lies adjacent or near existing or approved commercial development along the Highway I I I corridor. These projects have or will create a need for residential development insofar as they have or will need to house their employees. The proposed project will provide residential support to these projects, and can be expected to represent a beneficial impact to the area. Geologic Problems III. a,b,&c) Environmental Setting The proposed project occurs in a Zone IV groundshaking zone. The project site can expect to experience significant groundshaking in the event of a major earthquake in the Coachella Valley. The project does not occur in an area prone to liquefaction, and its distance from an active fault makes ground rupture unlikely. Project Impacts and Mitigation In order to mitigate the potential impacts of groundshaking on buildings throughout the City, the Building Department has implemented the Uniform Building Code, as amended, which requires reinforced construction in groundshaking zones. The project will be required to meet or exceed the City's building standards, thereby reducing the potential impact from groundshaking hazards to a level of insignificance. III.f,g&h) Environmental Setting Portions of the City are subject to wind erosion, as well as erosion under flooding conditions. The area of the project site slopes slightly, and is typical of the stabilized sand dune environment found in much of the northern portion of the City. The Coachella Valley is a non -attainment area for PM10, particles of dust of 10 microns or less. The City participates in the regional mitigation of PM10 through the implementation of dust control plans for all construction projects. Project Impacts and Mitigation A geotechnical investigation was undertaken for the proposed project'. The project site does not occur within a blowsand hazard area. The site does, however, have a potential for erosion from both wind and flooding. The geotechnical engineer found the upper soils on the site to be "relatively loose." Mitigation measures are recommended as follows: 1. Grading plans for the proposed project shall include over excavation and recompaction to the satisfaction of the City Engineer. All grading plans shall be accompanied by soils engineering data which demonstrates that the techniques used in grading will improve soil bearing capacity and reduce the potential for settlement from static loading. "Geotechnical Engineering Report, Proposed 200 Unit Apartment Complex, Adams Street, North of 566 Avenue 48, La Quinta, California." Earth Systems Consultants. June 1999. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 022 22 2. Soil testing by a qualified professional shall occur during site grading, to the satisfaction of the City Engineer, to demonstrate that recompaction meets the required standards. 3. Any area of the site which is graded but not immediately constructed shall be stabilized using chemical stabilizers or revegetation. 4. In conformance with the Municipal Code, a dust control plan shall be approved by the City Engineer prior to any ground disturbing activity on the site. The implementation of these mitigation measures should reduce the impacts to a less than significant level. Water IV. a & b) Environmental Setting The construction of any project on vacant land reduces the potential land available for the absorption of surface water, and changes surface water runoff patterns. Federal and local standards require that all projects contain the 100 year 24-hour storm on -site, to reduce potential impacts to down -stream properties. Flood control within the City is managed through the City Engineer's office, which has responsibility for the review of storm water retention and detention plans. Project Impacts and Mitigation The proposed project includes, in conformance with the City Engineer's requirements for the retention of the 100 year storm event on site, the construction of retention basins along the site frontage on Adams Street, as well as a central retention basin to also be used as a golf putting course. The retention basins shall be designed to meet the City's standards for such structures, and shall be incorporated into the landscaping concept for the proposed project. The retention basins will provide for the absorption of water, and reduce this potential impact. The basins will also control the flow of storm water generated on the site, and will reduce the potential impacts to an insignificant level. Controlling runoff through the site will also reduce the hazard to people and property to a level of insignificance. IV. i) Environmental Setting The City's water supply comes from groundwater extracted by the Coachella Valley Water District through a system of wells. The aquifer and groundwater basins are recharged through natural percolation, augmented by surface water from the Colorado River. The Coachella Valley Water District participates in regional recharge through percolation ponds located in the north end of the Coachella Valley. Project Impacts and Mitigation The construction of the proposed project will result in an increased demand for domestic water. The Valley's water supplies are recharged through contractual agreement with the Metropolitan Water District, utilizing California Water Project resources. Although the regional groundwater basin is in an overdraft condition, the efforts of the Coachella ,Valley Water District, the City's water conservation requirements, and other outside rJ 6 agency efforts are mitigating the regional draw -down of groundwater. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 0 3 IV. h) Environmental Setting The covering of ground with impermeable surfaces can concentrate pollutants generated by urbanized areas, including solvents, oils and chemicals. These pollutants are carried through streets to storm water facilities. If untreated, these pollutants can eventually affect the groundwater supply. Project Impacts and Mitigation Impermeable surfaces within the proposed project can increase the potential for pollutants to occur and eventually contaminate groundwater. The site will drain to retention basins along Adams Street. The retention basins are required, in order to meet City standards, to include filtration devices or other methods to ensure that water being absorbed into the ground does not contain pollutants or other foreign materials. The drainage system shall be required to meet the standards established by the National Pollution Discharge Elimination System (NPDES), as implemented by the City. The implementation of this program will reduce impacts to a level of insignificance. Air Quality V.a&b) Environmental Setting The City of La Quinta and Coachella Valley are under the jurisdiction of the South Coast Air Quality Management District, which is responsible for maintaining federal and state air quality standards. The Coachella Valley does not meet these standards, particularly as regards dust generation (PM10). It is expected, however, that improvements in the management of dust in the Valley have improved the air basin's air quality, and that PM10 management has been effective in lowering the potential impacts. The primary source of air pollution in the City is vehicle traffic. Project Impacts and Mitigation Residential land uses are considered sensitive receptors to air quality. The proposed project site's air quality was analyzed as part of both the Redevelopment Plan EIR and the General Plan EIR, with the assumption that development on the site would be commercial in nature. The vehicle traffic generated by a commercial development on 14 acres can be expected to be higher than that generated by residential development on the same site. The impacts to air quality at and around the site can therefore be expected to be lower than those previously analyzed. The City and Coachella Valley's air quality is substantially impacted by PM10. In order to mitigate the impacts of PM10 on and near the site, the project proponent will be required to submit, for review and approval by the City Engineer, a PM10 dust control plan. The PM10 plan will help to reduce the potential impacts on and near the site during grading. Long term impacts to residents of the project site will also be reduced by project design, which proposes setbacks from the primary potential generator, Adams Street, by the use of retention basins along the frontage. 568 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 024 24 Transportation/Circulation VI. a&b) Environmental Setting The project area is located on Adams Street, a Primary Arterial on the City's General Plan Circulation Map. Current traffic volumes on Adams Street and surrounding roadways are generally within acceptable levels of service. Adams Street is not currently improved to its full cross section as a Primary Arterial. Sunline Transit is responsible for the provision of public transit in the City. It currently does not provide service to the project area. Project Impacts and Mitigation A traffic impact analysis was prepared for the proposed project'. The study found that the proposed project will generate 1,330 daily trips, and that the circulation system at or near the site will operate within the City's standards at project buildout. The study assumes that the project proponent shall improve Adams Street along the frontage of the property to its General Plan configuration. The study recommends several mitigation measures to ensure that safe traffic operations occur after project buildout: 1. Left turns from the project site to Adams Street shall be prohibited. All traffic leaving the site shall be restricted to right turns only. 2. A left turn lane on southbound Adams Street at the southern entry drive will be required to allow left turns from Adams Street into the site. 3. Stop signs shall be required at all site egress points. 4. The lane geometrics shown in Figure VI-2 of the above -referenced traffic study shall be implemented at all site access locations. 5. The applicant shall work with Sunline Transit Agency to locate a bus stop adjacent to the project site on Adams Street. The bus stop will include such amenities as a covered shelter, bench and trash receptacle. The implementation of these mitigation measures will reduce the potential traffic impacts to a less than significant level. Biological Resources VII.a,c&e) Environmental Setting The project area can be characterized as Creosote Scrub community, found throughout the Coachella Valley on the Valley floor. The project area is designated as potential habitat for the Coachella Valley fringe -toed lizard. The City, in conjunction with other cities in the Coachella Valley, has adopted and implemented a Habitat Conservation Plan for this endangered species. The General Plan does not designate the project 569 "La Quinta Apartments Traffic Impact Analysis." Endo Engineering, June 1999. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 025 vicinity as likely habitat for other species of concern. Project Impacts and Mitigation The proposed project occurs within the habitat boundaries of the Coachella Valley fringe -toed lizard, an endangered species. The Habitat Conservation Plan requires the payment of a fee by the project proponent. This payment will provide sufficient mitigation to reduce the impacts to the fringe -toed lizard to a less than significant level. No other species of concern are expected to occur on the project site. Noise X.a&b) Environmental Setting The City's primary noise generator is vehicular transportation. The General Plan Master Environmental Assessment estimates that current noise levels in the project vicinity are 50 to 60 dBA CNEL. The City has adopted standards for exterior and interior noise levels for all land uses. The standard for residential land uses is 60 dBA CNEL or less exterior, and 45 dBA CNEL or less for interior noise levels. Project Impacts and Mitigation A noise impact analysis was prepared for the proposed project'. The study found that the project site will be impacted by noise on Adams Street, but that with the implementation of planned project perimeter walls, the units closest to Adams Street will experience a noise level of 58.8 dBA CNEL. This noise level is within the City's standard, which requires that all exterior residential noise levels be 60 dBA CNEL or less. The study further found that the interior standard of 45 dBA CNEL will be achieved through standard construction practices, with the exception of the westernmost units facing Adams Street, which will experience a higher noise level with windows open. Those units will require mechanical ventilation to City standard. The following mitigation measure is therefore incorporated into the project: 1. The first row of units facing Adams Street shall be provided with mechanical ventilation which supplies two air changes per hour for each habitable room, including 20% fresh air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. This mitigation measure will reduce potential impacts to a less than significant level. Public Services XI. a through g) Environmental Setting Fire protection is provided to the City by contract with the Riverside County Fire "Indoor and Outdoor Noise Analysis for Aventine Apartments, City of La Quinta." Mestre Greve 570 Associates, June 1999. P:\EA 99-385, EIR Addendum, Aventine Specific Plan 026 Department. Police protection is contracted through the Riverside County Sheriff's Department. The project is within the boundary of the Desert Sands Unified School District. Roads and other governmental services are the responsibility of the City of La Quinta. Project Impacts and Mitigation The project will have an impact on all public service providers, but does not significantly impact any level of service established by the City. The Desert Sands Unified School District will be impacted by additional students who are likely to reside within the project. The California Legislature has established a School Mitigation Fee, payable at the issuance of building permits, to mitigate the impacts of new construction to the school system. The project proponent will be require to contribute the fee in effect at the time of building permit issuance. Utilities and Service Systems XII. a through g) Environmental Setting A number of providers are responsible for the provision of utilities to the City of La Quinta. They include: The Gas Company for natural gas, General Telephone Company for telephone service, the Coachella Valley Water District for domestic water service and sewage treatment, the City of La Quinta for local drainage, the Coachella Valley Water District for regional drainage, Waste Management of the Desert for solid waste disposal, MediaOne for cable TV, and the Imperial Irrigation District for electric service. Project Impacts and Mitigation The proposed project will have an impact on all utility providers, but is well within their ability to service the area. The project will be required to demonstrate the ability of all these providers to service the site prior to the issuance of building permits. The project proponent will work with all the utilities to provide extensions or improvements required to the project site. By meeting the City Engineer's requirement for on -site retention, the applicant will reduce impacts to the local and regional drainage system. The impact to utility providers is expected to be less than significant. Aesthetics XIII. a & c) Environmental Setting The project area is designated a Secondary Image Corridor in the General Plan. Vistas in the City include the Santa Rosa Mountains to the west, and the Coral Reef Mountains to the south. The project area is not within a Visual Focal point, as defined by the Master Environmental Assessment. Lands in the project vicinity are generally vacant, with the exception of low density residential to the west. Project Impacts and Mitigation The construction of the proposed project will not have a significant impact on visual 571 resources in the City. The improvement of Adams Street along the project boundary will further the goals and policies of the General Plan by improving the street frontage P:\EA 99-385, EIR Addendum, Aventine Specific Plan 027 27 to the standards required of Secondary Image Corridors, thereby creating an appealing vista along the streetscape. The project will create additional light in the area. The City has implemented standards for outdoor lighting, which the project will be required to meet or exceed. These provisions include requirements for shielding, limits on light pole heights, and types of lighting allowed. These standards and requirements will reduce the potential impacts from light or glare to a less than significant level. Cultural Resources XIV.a,b,c&d) Environmental Setting The City of La Quinta falls within the territory of the ancient Lake Cahuilla, and has proven to be a rich repository of archaeological and historic resources. The area in which the proposed project occurs is generally a Creosote Scrub community, typical of the desert floor. Sand deposition caused by the prevailing winds have formed sand dunes throughout the area. The project area's proximity to ancient Lake Cahuilla's shore increases the possibility for the occurrence of cultural resources in the area. Project Impacts and Mitigation A cultural resource analysis was conducted for the project site and land immediately adjacent4. The study found four recorded sites within the 50 acre City -owned parcel, and a number of additional sites within one mile. On -site investigation discovered no new sites, but did extensively study the previously recorded sites. The study found that the previously identified sites do not qualify as significant under either CEQA or Section 106 of the National Historic Preservation Act. Although the testing program undertaken was extensive, the potential for additional buried resources is not precluded. The following mitigation measure shall therefore be implemented to reduce impacts to a less than significant level: A qualified archaeological monitor shall be on -site during all grading and trenching activities on the site. The monitor shall prepare a report detailing monitoring activities and professional conclusions and submit same to the Community Development Department for review. "Phase II Test Excavation for APN 649-036-030, Northeast Corner of Avenue 48 and Adams Street, City of La Quinta, California." Archaeological Advisory Group, June 1999. 5 7 i � P:\EA 99-385, EIR Addendum, Aventine Specific Plan 028 EARLIER ANALYSES. a) Earlier analyses used. The following documents were used in the preparation of the Checklist. The number used below corresponds to the Source number used in the Checklist. 1. La Quinta General Plan, October 1992 2. La Quinta Redevelopment Project Area #2 EIR, July 1988 3. La Quinta General Plan EIR, October 1992 4. Aerial Photograph, Exhibit 2 of Specific Plan 99-037 5. La Quinta Master Environmental Assessment, October 1992 6. "Geotechnical Engineering Report, Proposed 200 Unit Apartment Complex, Adams Street, North of Avenue 48, La Quinta, California." Earth Systems Consultants, June 1999 7. "Aventine, A Specific Plan for the City of La Quinta." Mainiero, Smith & Associates, June 1999 8. "La Quinta Apartments Traffic Impact Analysis." Endo Engineering, June 1999 9. "Indoor and Outdoor Noise Analysis for Aventine Apartments." Mestre Greve Associates, June 1999 10. "Phase II Test Excavation for APN 649-036-030, Northeast corner of Avenue 48 and Adams Street, City of La Quinta, California." Archaeological Advisory Group, June 1999 b) Impacts adequately addressed. The Environmental Impact Report certified for Redevelopment Area #2 addressed buildout of the entire area, and proposed mitigation measures adequate to reduce potential impacts. The mitigation measures contained in this Addendum adequately mitigate the project -specific impacts associated with this development. The proposed project is within the scope of the original EIR, and implements its goals and objectives. Potentially significant impacts addressed in this document include impacts associated with geologic problems, water resources, noise and cultural resources are addressed in this document. C) Mitigation measures. The mitigation measures contained herein, combined with the conditions of approval proposed for the proposed project, address potentially significant impacts and lower these impacts to a less than significant level. 573 P:\EA 99-385, EIR Addendum, Aventine Specific Plan 029 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A 200 UNIT APARTMENT COMPLEX CASE NO.: SPECIFIC PLAN 99-037 A. G. SPANOS CORPORATION WHEREAS, the City Council of the City of La Quinta did on the 3`d day of August, 1999, and 7th day of September, 1999, hold duly noticed public hearings to consider the request of A. G. Spanos Corporation to approve the development principals and guidelines for a 200 unit apartment complex located on the east side of Adams Street, approximately 507 feet north of Avenue 48; WHEREAS, the Planning Commission of the City of La Quinta did on the 27th day of July, 1999, hold a duly noticed public hearing to consider the request of A. G. Spanos Corporation to approve the development principals and guidelines for a 200 unit apartment complex. The Planning Commission by adoption of Resolution 99- 059 recommended approval of Specific Plan 99-037 to the City Council on a 5-0 vote. The site is described as: Portion of Assessor's Parcel No. 649-030-036; Portions of S %2 of Section 29, T5S, R7E, SBBM WHEREAS, the proposed Specific Plan is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An Environmental Impact Report was certified for this Plan by the City Council (State Clearinghouse #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. Therefore, an Environmental Assessment (EA 99-385) as an Addendum to the EIR was prepared to determine whether the conditions referenced in Public Resources Code Section 21 166 are present; and WHEREAS, the City Council has considered the EIR for Redevelopment Area #2 and Addendum thereto; and WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of the Specific Plan: 1 . The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property is designated for either commercial uses or medium and high density residential uses under the Mixed/Regional 574 Commercial category (Policy 2-3.1.7). The proposed density will be 14 units per acre where 16 units per acre is allowed. Additionally, the applicant is 030 A:\Resocc SP37Spanos.wpd- 36 Resolution 99- Specific Plan 99-037, A. G. Spanos September 7, 1999 providing 20 of the 200 units as affordable (low and moderate income) in compliance with criteria for residential uses. 2. The Specific Plan document outlines development principles and design guidelines that ensure the apartment complex will not be detrimental to public health, safety and general. 3. The Specific Plan document allows for a 200 unit apartment complex. Low density residential units exist across Adams Street. To the east and south the property is owned by the City's Redevelopment Agency and intended for residential development, thereby providing land use compatibility. 4. The Specific Plan property is suitable and appropriate in that it is accessible from Adams Street, and provides a transitional buffer between adjacent future land uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby recommend that the EIR Addendum of Environmental Impact be certified for this project. 3. That it does hereby approve the Specific Plan for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 71h day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 5575 A:\Resocc SP37Spanos.wpd- 36 031 Resolution 99- Specific Plan 99-037, A. G. Spanos September 7, 1999 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 57 A:\Resocc SP37Spanos.wpd- 36 032 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-037, A. G. SPANOS CORP. SEPTEMBER 7, 1999 1. The development shall comply with Exhibit "A" of Specific Plan 99-037, unless otherwise amended herein. 2. Developer/applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 3. The Conditions of Approval for Site Development Permit 99-654 are binding for this Specific Plan. 4. The developer shall comply with any provisions outlined in Environmental Assessment 99-385. Final fire protection requirements will be determined when specific project plans are submitted. The Fire Department recommends the following fire protection measures be provided in accordance with the La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 5. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of CVWD Standard W- 33, subject to the approval by the Riverside County Fire Department. 6. All roads need to be a minimum of 20 feet unobstructed width, subject to the approval of the Fire Department. 7. Specific access plans shall be submitted. The Specific Plan document shall be revised as follows: Exhibits 5 & 9 (and any other applicable location in the document) - Remove "6' high masonry wall" notation from north property line. The grade difference with the approved grading plan for the property to the north will require a stepped -back 577 retaining wall approximately 12' in height. If grade differential between properties is less, the developer shall work with City staff to reduce the height of the retaining wall. 033 AACOA CC SP37spanosmpd - 36 Conditions of Approval Specific Plan 99-037 - AG Spanos September 7, 1999 Exhibit 6 (and any other applicable location in the document) - Revise note on the landscape lot. The 20-foot landscape setback will remain under private ownership. The only dedication(s) over this area would be sidewalk easement if the sidewalk meanders into the setback and any needed utility or bus waiting shelter easements. Page 13 (Section 2.10.3) - Eliminate second sentence Page 17 (Section 2.40.3) - Eliminate third sentence Page 21 (Section 2.50.4) - Change Palm Desert Waste Management to Waste Management of the Desert 579 034 A:\COA CC SP37spanos.wpd - 36 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT ALLOWING A 200 RESIDENTIAL APARTMENT UNIT PROJECT CASE NO.: SITE DEVELOPMENT PERMIT 99-654 APPLICANT: A. G. SPANOS CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of August, 1999, and 7t' day of September, 1999,.hold duly noticed Public Hearings to consider the request of A. G. Spanos Corporation for approval of a 200 residential apartment unit project in the Regional Commercial Zone, located on the east side of Adams Street and 507 feet north of Avenue 48; WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27t" day of July, 1999, hold a duly noticed Public Hearing to consider the request of A. G. Spanos Corporation for approval of a 200 residential apartment unit project in the Regional Commercial Zone, located on the east side of Adams Street and 507-feet north of Avenue 48, more particularly described as: Portion of Assessor's Parcel No. 649-030-036; S %2 of Section 29, Township 5 South, Range 6 East, SBBM WHEREAS, the proposed Site Development Permit is an implementation action under the La Quinta Redevelopment Plan for Project Area #2. An Environmental Impact Report (EIR) was certified for this Plan by the City Council (State Clearinghouse #88041 1 1 1). Pursuant to Public Resources Code 21090, all actions taken to implement a Redevelopment Plan are deemed a single project and no further environmental review is necessary beyond analysis of project -specific impacts. Therefore an Environmental Assessment (Environmental Assessment 99-385) as an Addendum to the EIR was prepared to determine whether the conditions referenced in Public Resources Code Section 21 166 are present; and WHEREAS, the City Council has considered the EIR for Redevelopment Area #2 and Addendum thereto; and WHEREAS, upon hearing and considering all testimony and arguments, if any of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify approval of Site Development Permit 99-654: The project is consistent with the General Plan in that residential units of this type are permitted in the Regional Commercial designation with adoption of a Specific Plan. 2. This project has been designed to be consistent with the provisions of they 9 Specific Plan 99-037. 035 AAss\resopcsdp645 - 36 Resolution 99- Site Development Permit 99-654 (Spans) September 7, 1999 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that an Environmental Assessment has been prepared and EIR Addendum is recommended. 4. The architectural design of the project is compatible with the surrounding development in that it is of a compatible architectural design, colors, and materials. 5. The site design of the project is attractive and well designed and appropriate for the area. Parking has been kept around the perimeter of the site to increase the pedestrian aspect of the project and two parking spaces per unit is provided via a shared parking plan. 6. The landscape design of the project will utilize plants compatible with existing and future developments. An emphasis on mature landscaping has been proposed to reinforce the resort community image and character of the area. Additional planter islands shall be installed within the perimeter loop drive aisle to provide additional buffering of two story building complexes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Site Development Permit 99-654 for the reasons set forth in this Resolution, subject to the attached conditions; 3. That it does hereby recommend that the EIR Addendum of Environmental Impact be certified for this project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7th day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 580 JOHN J. PENA, Mayor City of La Quinta, California A:\ss\resopcsdp645 - 36 038 Resolution 99-_ Site Development Permit 99-654 (Spans) September 7, 1999 ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 581 A:\ss\resopcsdp645 - 36 037 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-654, A.G. SPANOS CORP. SEPTEMBER 7, 1999 1 . The development shall comply with the City's Zoning Code, Specific Plan 99-037 (on file in the Community Development Department), the approved exhibits and the following conditions. 2. Applicant agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. The Site Development Permit shall expire on September 7, 2000, unless building permits are issued pursuant to Section 9.210.010 of the Zoning Ordinance. Time extensions may be granted pursuant to Section 9.200.080. 4. Prior to issuance of any grading or building permits, or ground disturbance, mitigation measures as recommended by the Archaeological Assessment for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on site during grading and earth disturbance operations. A final report shall be submitted for approval prior to issuance of the Certificate of Occupancy of the first building. 5. Handicap access, facilities and parking shall be provided per State and local requirements. 6. Prior to any site disturbance being permitted, including construction, preliminary site work and/or archaeological investigation, the project developer shall submit and have approved a Fugitive Dust Control Plan (FDCP), in accordance with Chapter 6.16 of the La Quinta Municipal Code. The plan shall define all areas proposed for development and shall indicate time lines for phasing of the project, and shall establish standards for comprehensive control of both anthropogenic and natural creation of airborne dust due to development activities on site. Phased projects must prepare a plan that addresses control measures over the entire build -out of the project (e.g., for disturbed lands pending future development). A COA CC SDP654 Spanos - 36 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 7. Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 8. Prior to the issuance of a grading permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 99- 037, and EA 99-385. Prior to the issuance of a building permit, the applicant shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SP 99-037 and EA 99-385. The Community Development Director may require inspection or other mitigation monitoring measures to assure such compliance. 9. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) , • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 583 COA CC SDP654 Spanos - 36 039 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 10. Prior to approval of a grading permit, the applicant shall acquire or confer easements and other property rights required of these conditions or otherwise necessary for construction and proper functioning of the proposed development. 11. The applicant shall grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 12. Right of way grants required of this development include: Adams Street - 55-foot half of a 1 10-foot right of way. 13. Grants shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 14. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the right of way within 60 days of written request by the City. 15. The applicant shall create privately -owned and maintained perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): Adams Street - 20 feet The setback requirement applies to all frontage 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 dedicate blanket easements for those purposes. 16. The applicant shall grant easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. h: COA CC SDP654 Spanos - 36 040 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 17. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved site plan. 18. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 19. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 20. As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 22. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 585 COA CC SDP654 Spanos - 36 041. Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 23. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 24. Portions of the improvements required herein may be defrayed through participation in the Development Impact Fee program which becomes effective August 16, 1999. 25. The subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this development, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to construction of this development, the Applicant shall, prior to issuance of grading or building permits, reimburse the City for the cost of those improvements. 26. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a grading permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 27. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or 5�6 COA CC SDP654 Spanos - 36 0 4 21 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, final acceptance of all required improvements and release of security will not be scheduled for City Council approval prior to the applicant meeting all requirements for telephone service to the units created by this development. 28. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 29. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project 0 00-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 30. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 31. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 587 COA CC SDP654 Spanos - 36 043 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 32. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 33. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 34. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 35. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 36. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 37. Stormwater shall be retained in common retention basins. 38. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 588 COA CC SDP654 Spanos - 36 044 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 39. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 40. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 41. Retention basin slopes shall not exceed 3:1 . Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 42. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. UTILITIES 43. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 44. Existing overhead utility lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 45. 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 trench compaction for approval of the City Engineer. �Allllrff 111 RM Wil 9 9 M I 1l I II a T 411_1 46. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) AM COA CC SDP654 Spanos - 36 045 Resolution 99- Conditions of.Approval Site Development Permit 99-654 September 7, 1999 OFF -SITE STREETS Adams Street - Construct remainder of 86-foot improvement (travel width, excluding curbs), six-foot sidewalk. Applicant is responsible for 50% of the cost of the 18-foot wide landscape median. The applicant may be required to construct the full median subject to reimbursement of costs for all or 50% thereof depending on whether this development is subject to the Infrastructure Fee or the Development Impact Fee. ON -SITE ENTRIES AND DRIVEWAY Twenty-eight foot travel width on driveway with 100% off-street parking, except as shown on the Preliminary Grading plan received by the City on June 21, 1999. North and south entry drive shall be 34 feet. Center entry shall be 36 feet. Turn knuckles, corner cutbacks, bus turnouts, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 47. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 48. The applicant may be required to extend improvements beyond development 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). 49. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 50. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801 and #805 respectively unless otherwise approved by the City Engineer. 590 COA CC SDP654 Spanos - 36 046 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 51. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. 52. General access points and turning movements of traffic are limited to two entry drives centered approximately 60' and 526' south of the north project boundary. The southerly entry shall be restricted to left -in and right-in/right-out traffic movements with an appropriate left -in median opening. The northerly drive shall be restricted to right-in/right-out movements. 53. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 54. 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. 55. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved access to publicly -maintained streets. The improvements shall include required traffic control devices and pavement markings. 56. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 591 COA CC SDP654 Spanos - 36 047 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 57. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 58. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 59. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. NLAJNTENANCE 60. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 61. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 62. The applicant shall comply with the terms and requirements of the development fee program in effect at the time of issuance of building permits. Building permits issued prior to August 16, 1999 will be subject to the Infrastructure Fee Program. Beginning August 16, 1999, permits will be subject to the Development Impact Fee program. 63. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and posting of the Notice of Determination for EA 99-385. 590 .M COA CC SDP654 Spanos - 36 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 64. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. The school facilities' fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). 65. Prior to issuance of any land disturbance permit, the applicant shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard Habitat Conservation Program, as adopted by the City, in the amount of $100 per acre of disturbed land. 66. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and approved by the Community Development Department pursuant to Chapter 8.13 of the Municipal Code. Prior to submission of the plans to the City, the developer shall obtain approval by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. The plans are not approved for construction until they have been approved and signed by each approval agency. 67. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 68. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements noted in approved plans. All trees shall be double staked or guyed to prevent damage from seasonal winds. 69. Prior to issuance of a Certificate of Occupancy Permit for the first building, perimeter project walls shall be constructed. 70. Landscaping planter island medians shall be added to the loop driveway at the northeast and southeast corners of the site without impacting required fire lane access, subject to approval by the Community Development Director. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 593 049 COA CC SDP654 Spanos - 36 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 RUSLIC SERVICES 72. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. Improvements shall include a bus turnout location and passenger waiting shelter along Adams Street. The Fire Department requires the following fire protection measures be provided in accordance with La Quinta Municipal Code and/or Riverside County Fire Department protection standards: 73. Provide or show there exists a water system capable of delivering 1,750 g.p.m. for a 3 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 74. The applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1,750 g.p.m. fire flow for a 3 hour duration at 20 psi residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 75. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2'/2" x 21/2") will be located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants in the system. 76. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 77. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: 'V certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 594 COA CC SDP654 Spanos - 36 050 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 78. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 79. All buildings shall be accessible by an approved all-weather roadway extending to within 150' of all portions of the exterior wall of the first story.. Several buildings shown near the "Putting Course" will require adjustments to meet standards. Revised plans are required for review and approval by the Fire Department. 80. Install a complete fire sprinkler system for all structures over 5,000 square feet. The post indicator valve and fire department connection shall be located to the front within 50' of a hydrant, and a minimum of 25' from the building. 81. System plans must be submitted to the Fire Department for review, along with a plan/inspection fee. The approved plans, with Fire Department job card must be at the job site for all inspections. 82. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 83. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches, subject to the Fire Department approval. Parking is permitted on one side of roadways with a minimum width of 28 feet. Parking is permitted on both sides of roadways with a minimum width of 36 feet. 84. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 85. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 86. Gate openings shall be not less than 16 feet in width. All gates shall be located at least 40' feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary 95 COA CC SDP654 Spanos - 36 051 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 87. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Special forms are available from this office for the ordering of the Key Switch, this form must be authorized and signed by this office for the correctly coded system to be purchased. 88. If the building/facility is protected with a fire alarm system or burglar alarm system, the lock boxes will require "tamper" monitoring. 89. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. 90. 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. 91. Lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. Interior security lighting for carport structures (i.e., recessed flourescent tubes) shall be mounted to the underside of the roof. N�SCELLANEOUS 92. All agency letters received for this case are made part of the case file documents for plan checking purposes. 93. A centralized mailbox delivery system shall be used for the project pursuant to any requirements of the U.S. Postal Service. 94. Prior to building permit issuance, trash and recycling areas for the project shall be approved by the Community Development Department pursuant to Section 9.60.220 of the Zoning Ordinance. The plan will be reviewed for acceptability by applicable trash company prior to review by the Community Development Department. an COA CC SDP654 Spanos - 36 052 Resolution 99- Conditions of Approval Site Development Permit 99-654 September 7, 1999 95. Permanent identification signs for the development shall be lit by an indirect source as required by Chapter 9.160 (Signs) of the Zoning Ordinance. Temporary and permanent signs for the development shall be approved by the City prior to installation. 96. Garage parking spaces shall measure minimum 10-feet wide by 20-feet deep inside clear dimension pursuant to Chapter 9.150 of the Zoning Ordinance. 97. Oversized vehicles, recreational vehicles and trailers shall be prohibited in open or carport spaces. Parking restrictions shall be enforced by the property owner and/or manager. 98. The developer shall comply with any provisions outlined in Environmental Assessment 99-385. 99. Vertical support poles for carport structures shall be mounted within the first 6' of the front of the stall (including overhang) pursuant to Section 9.150.080 (135) of the Zoning Code. 100. The site plan shall be revised to eliminate the middle driveway on Adams Street. 597 COA CC SDP654 Spanos - 36 053 Attachment 1 •� •s' •T - Zz- , -+ "'vim 'E i ► '� .:..� .S 5. ' �� � • r .I y `t .. T ) - - ., :M Tf y��.r. x''� I - �i `. x+�1\ t��i� `1 ti••''_� r. �..ir,•Re�ayii'• r»!{ � � ` 'rS:s+,. t :r�?+�;n. ,r• :.u. • i. _ ��sr -Z�r ••..r Hwy. 111 � ��"w. t. .i s T +: �__1.—•. ! <-r ?� t .1 dCD f'. ;. ..�:•.t^". a J�`'�s' I•w •1,• ��•+ t:•.••�,'� U ; �a•y •''j �: y ' •}� s,. jt: c"'`-�_'jf`•+tI�t) ; >:. if c.,- ��5�(�.�,a ss ye.-�.#•:. r,�cC r. s• •- �r �. • �-.�' S � H `� •. , N f?' "� -*tom.,. J• .0 ,t- a •..�lr y . , + . ''• .,�f ! 4•CT�s. E c." 47 .. � 'e. � ,i, � 'y.; i.1F.itLRj•_.�ir w ] 1 1 ti i _ ^i•..: {_ f�R.� �� • � • i f ;' ' � - .i : •` : moo. •::: '. f e � ..:� � s 1 �� wr ! - SITE: ', T'� ; � • 4�.:.. � .•c .•t ,t , .., ' S .r- e e • - 1 s. , S• y o '`.s• A•s•:-. �~ / �.n � �.q '• •j�j��/'� *7 ( rsst• ..-. 10 • _ �' i �• •� '` } l� ~ +71 •;''fyli'.s / •7 � .• � •.Y ifs' f *, Y -; � 'A• ' • • - .��`.•! - - �: ,, 't ry Y,. w J ,may.' ':'•' ; ,!;r1li' .•' � .. t Avenue 48 I ?• a tf',it/� �•r - fti � M �... A. ,"STY w •T f•:•: Y r.:t r� 5j . l j}fir t Y i w ��J • a .air . �::•Sr' •i. �- 5•' i Si,.4 it �%rkk;'�:, •8 f � .., �e , .• h�(�h+}���4•' -�• ; •^�Gy : �•:. r= �• I", I. 11 7ITki .tM rS� I r •>••r';`S: �i':{w.: rJ1'�., ,i'.a='i •..'4+:_[.-G1�a �. .:s �•,;: pal .. _ . • r r r x. r � �,r, j ,+yet; :iF;,.: 598 055 599 City Council Minutes 16 August 3, 1999 PUBLIC HEARINGS Attachment 2 1. SPECIFIC PLAN 99-037 AND SITE DEVELOPMENT PERMIT 99-654 - A REQUEST FOR APPROVAL OF THE DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 200-UNIT APARTMENT COMPLEX ON 14.1 ACRES IN THE REGIONAL COMMERCIAL ZONING DISTRICT AND BUILDING ELEVATION AND DEVELOPMENT PLANS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND NORTH OF AVENUE 48. APPLICANT: A. G. SPANOS CORPORATION. Mayor Pena noted that the applicant's. attorney has requested a continuance (see Confirmation of Agenda). Chris Clarke, 2205 N. Poinsettia Avenue, Manhattan Beach, of Stamko Development Company, suggested that the applicant meet with City and Stamko representatives prior to the September 7 meeting to resolve some issues related to the grading/hydrology plan. She stated that Spanos' proposal to move retention to the front of their property is in conflict with the Stamko property, and will result in very high and expensive retaining walls and a loss of property and apartments. MOTION - It was moved by Council Members Sniff/Adolph to continue the matter of Specific Plan 99-037 and Site Development Permit 99-654 for A. G. Spanos Corporation to September 7, 1999. Motion carried unanimously. 2. TENTATIVE TRACT MAP 29306 - A REQUEST TO CREATE 75 SINGLE-FAMILY LOTS AND OTHER MISCE ANEOUS COMMON LOTS ON 26.4 ACRES LOCATED ON THE SOUT SIDE OF AVENUE 48, EAST OF DUNE PALMS ROAD WITHIN RANC J7 LA QUINTA. APPLICANT: T. D. DESERT DEVELOPMENT. he Mayor declar the PUBLIC HEARING 0 Nfr. Herman, ommunity Development ector, advised that the a icant is requesting t subdivide 26.4 acres into single-family lots and of r common lots on pr erty located on the sout side of Avenue 48, appr imately 500 feet eas of Dune Palms Road, an ithin the Rancho La Qui a Specific Plan 84-00 . The lots are 8,889 sq. t. and larger. The Plannin Commission has reco mended approval subje to findings and conditions In response to Council Pember Adolph, Mr. Heyman advised that the cul-de-sacs meet City sta4dards, and provide sufficient turn -around area for fire 600 056 Attachment 3 Planning Commission Minutes July 27, 1999 tower in the future. He asked if there was any type of a maintenance agreement to maintain the structure. Ms. S4Wstated they would accept a condition requiring them to maintain it it is when installed. As this is a new product, there is no way of knpydng the life span of the materials, but they will accept a condition regydifng the maintenance. 6. Commissioner Tyler ask the applicant about the operating frequency. Ms. Saito sZdesiers 50 band. Commissioner Tyler stated he had never seen atree trunk and asked if it could be rounded. Ms. Saito stated are working to round the edges. Their point is to make it appeble, but if it can be rounded and not affect the structurally capabie no objection. >/tltto ssioner Abels asked if this tower was for Nextel c omers only. Ms. stated yes, because of its design it lends itself t my one carrier. They would make their site available to other carriers, they would have to apply o the City for a different design. 8. There being no further questions o e applicant, Chairman Kirk asked if anyone else would like to addre the Commission on this project. 9. There being no forth ,discussion, Chairman Kirk closed the public participation of the h g and opened the issue for Commission discussion. 10. There bein o further discussion, it, was moved and seconded by Commis' no Abels/Butler to adopt Planning Commission Resolutio - 056 re mmending certification of Environmental Assessment 99= 4. AYES: Commissioners Abels, Butler, Robbins, Ty , and Chairman Kirk. NOES: None. ABSENT: None. ABST : None. 11. There being no discussion, it was moved aneconded by Commissioners Abels/Butler to adopt Planning C ission Resolution 99-057 recommending approval of Conditioped Use Permit 99-045, as modified: a. Condition #5: Theopole shall be maintained to the design standards as apvro ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 601 B. Environmental Assessment 99-385, Specific Plan 99-037 and Site Development Permit 99-654; a request of The Spanos Corporation for certification of an Initial Study/EIR Addendum for Environmental Assessment 99-385 and recommendation CAMy Documents\WPDOCS\PC7-27-99.wpd 057 Planning Commission Minutes July 27, 1999 for approval of development standards and design guidelines for a 200 unit apartment complex on 14.1 acres in the Regional Commercial Zoning District, and building elevations and development plans located on the east side of Adams Street and north of 48" Avenue. 1. Commissioner Tyler stated that a project for this applicant across the street from this project, had been approved by the Planning Commission a few months ago and to date had not been approved by the City Council. To him it seemed strange that the Commission would be reviewing this project when the future of that project had not been resolved. 2. City Attorney Dawn Honeywell stated that what is happening on an alternative site is not before the Commission. This is a separate project and is to be reviewed on its on merit. It has no bearing on what is happening before the City Council. 3. Commissioner Kirk opened the public hearing and asked for the staff report. 4. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 5. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked if this was the same design as before. Staff stated the building elevations are similar. City Attorney Dawn Honeywell pointed out the density is 14 units per acre where the other project is 16 units per acre. 6. Commissioner Robbins asked if the open parking areas on the streets counted a open space. Staff stated no, it is passive and active recreational open areas only. It is not the drive aisles. 7. Commissioner Butler asked about the change from 160 units to 200 units, the addition of 10 percent affordable units, and if it counted towards the City's housing requirements. If so, why can't the condition be left at 10 percent for additional credit. Staff stated the applicant has requested 10 percent and there are covenants that will count toward the City's requirement. City Attorney Dawn Honeywell stated the 20 units will count toward the City's requirement to provide affordable housing. To require additional units would cost the City additional money. 8. Chairman Kirk asked if the previous application included a request to remove the requirement for affordable units. Staff stated that was correct, the olds Q 2 approval was prior to the City's Housing Element being adopted, there was CAMy Documents\WPDOCS\PC7-27-99.wpd 058 5O Planning Commission Minutes July 27, 1999 a stipulation requiring a certain amount of affordable housing be provided and the applicant was asking to have that stipulation removed as the Housing Element had been adopted. 9. Commissioner Tyler asked if this project abuts the southerly border of the Auto mall. Staff stated that is correct. 10. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Emily Hemphill, attorney for the applicant, stated there was a project previously approved for the other side of the street and as it was very a controversial, The Spanos Corporation is working with City staff attempting to move the project to this new site. The project will be built at one of the two locations; it will be one or the other; not two projects. She went on to state this project was structured considering the concerns that had been raised by adjoining residents on the previous project. They have met with residents from Lake La Quinta and Rancho La Quinta to view this site plan and they offered comments which were very favorable. It is also correct that the original project did not have an affordable housing component. As this site is larger and less dense it will allow them to build more units which gives the opportunity to provide affordable units. She then raised their concerns regarding the Conditions of Approval: Page #33, Exhibits 5 & 9 is not correct, the actual difference between the grading of this site and what is projected on the auto mall site is only a two foot difference. They would like to suggest that the developer be required to work with staff so this site and the auto mall site are at compatible grade. The wall will be either six or eight feet above grade and they would deal with the differences in grade either by building a retaining wall of an appropriate height, or a slope easement depending upon what the level of difference is between the two sites. Condition #71, regarding the landscaping planters, their concern is that in order to pull into the garage you have to enter from the left of the planter which is the wrong side of the street. They would suggest the developer be required to work with staff to design a planter that is not going to cause a problem with the Fire Department, or tenant to drive on left side of the road to get into their garage. Condition #73: regarding them to build a bus turnout on Adams street, in their opinion this is sandwiching too much activity into the area. They would suggest a turn out further north on Adams Street. Condition #84: they meet this requirement everywhere on the site except at the entrance when you drive in the gate at the card reader where it is reduced to 15-feet. They would request the developer be required to work with the Fire Department to locate the card key in a location that works for the tenants and yet wide enough to allow the fire trucks to enter. For clarification, the apartment count is 200 units, 72 are one 6 0 bedrooms and 128 are two bedrooms. 059 CAMy Documents\WPDOCS\PC7-27-99.wpd Planning Commission Minutes July 27, 1999 11. Chairman Kirk asked staff to address the concerns raised by the applicant. Senior Engineer Steve Speer stated that in regard to the elevation differential, he had conferred with the engineer for the auto mall and they are expecting to have a five foot differential at some points and a four to five foot elevation differential in other areas, and a two foot difference at the rear. 12. Chairman Kirk asked staff to address Condition #71. Planning Manager Christine di Iorio stated she agreed with applicant. 13. Chairman Kirk asked staff to address Condition #49: Planning Manager Christine di Iorio stated Sunline Transit had made a recommendation in their letter for amenities for a future transit site. At the present time there is no service being provided to this location. 14. Chairman Kirk asked staff to address Condition #84. Senior Engineer Steve Speer stated that if the Fire Department concurred, staff has no objection. 15. Commissioner Tyler asked if the traffic around the driveway was one way or two way. Ms. Hemphill stated it was two way. Commissioner Tyler asked about the recreation area at the front of the project; who is it to be used by. Ms. Hemphill stated it is for the residents of the facility and went on to explain the amenities. Commissioner Tyler stated his concern was three driveways on an Primary Arterial street. The General Plan encourages minimizing the number of direct access driveways. The previous project had only one driveway off Avenue 47. This project is suggesting three and one is only for access to the sales and recreational building. He is going to suggest eliminating the middle driveway to allow for a bus turnout. Ms. Hemphill stated their ability to loop around is as much for fire safety as well as convenience for tenants to have access to both sides of the project site. This is a gated community therefore access to the sales office needs to be in a manner that retains the security of the tenants. 16. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to speak on this issue. Ms. Christine Clarke, representing Stamko Development, developer. for the adjacent auto mall, stated she had obtained the grading plan for this project and disagreed with its design. As she did not agree with the drainage she refused to allow them to do the grading they requested on her property. The drainage of the auto mall is to the southeast corner into the commercial site of the property. Their drainage is just the opposite because their retention is at the front of the project. She does not see a two foot difference, but a four feet differential at Adams Street. Their typical driveway cross section is confusing. There are 604 three Section A's. They are only showing the driveway, they are not showing Section "A" running in from their property which, since she has told them CAMy Documents\WPDOCS\PC7-27-99.wpd 060 Planning Commission Minutes July 27, 1999 they cannot grade on her property, she does not know how they are going to get there, so they are not showing the surrounding property coming into the driveway. It is not a compatible project. It is nice that they met with residents from Lake La Quinta and Rancho La Quinta, but they did not meet with her who directly abuts their property. The project setbacks are on Adams Street and Highway 111. If the Auto Mall stores cars in the rear of their property, they are going to be very concerned about this project's wall as they do not want vandalism from this project. At the present time, she is not comfortable with the submittal. 17. There being no further questions, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 18. Commissioner Robbins stated there were several places where the Specific Plan and conditions are in conflict. Page 13 of the Specific Plan, landscape plans, one statement says, "any incremental increase in storm water will be retained on the property" this is in conflict with the conditions that states all 100-year storm water will be retained on site. Page 17-flood control, states "development of property will include provisions to conduct storm water to these channels." This refers to moving storm water off -site where the next paragraph states the water will be retained on site. Page 21, the last paragraph refers to Palm Desert Waste and should be Waste Management of the Desert. His biggest concern is access. He concurs that three driveways are too many and something could be done to reconfigure this site and eliminate one of the access points. His concern is the left turn in for those going south on Adams Street. Most of the tenants will be coming from Highway I I I and it does not appear there will be enough stacking space. In Condition #28, why is phasing discussed as the project is to be built out with no phasing. This needs to be deleted. Condition #52, the last sentence does not make any sense and should be deleted. Condition #53, regarding access, the second sentence should be changed to left in, right in, right out. 19. Commissioner Butler asked if the plan called for only one left turn lane. Commissioner Robbins stated yes. Commissioner Butler asked if this was increased to accommodate more cars would that be sufficient. Commissioner Robbins stated it should be increased to accommodate the number of cars that would be traveling through there at peak times. 20. Commissioner Butler stated that in regard to the elimination of the middle driveway which gives access to the sales office and parking for the recreation building, he presumes this will also provide guest parking, as there are only two spaces per unit. He cannot see how it will work without creating a bigger CAMy Documents\WPDOCS\PC7-27-99.wpd 1 605 061. Planning Commission Minutes July 27, 1999 problem. Commissioner Robbins stated guest parking is to be on -site. You may have to move the remaining driveway(s) or the retention basin, but they can retain the same amount of volume while deleting one driveway. 21. Commissioner Butler asked if the bus turnout could be moved if the applicant paid for it. Staff stated it is written as a recommendation for amenities, it is not a requirement as Sunline Transit has not identified a need for a bus turnout to be installed at this time. 22. Commissioner Tyler stated that in regard to the third driveway, the Commission is to uphold City documents that control development of the City; one being the General Plan and it specifically states the City shall restrict individual access on Major and Primary Arterials wherever possible. This section of Adams Street is a Primary Arterial and if the Commission is doing its job, he does not understand how they can approve three driveways for this one tract. The same situation applies to the southern driveway. The Circulation Plan states that for a Primary Arterial you will have a signalized intersection or right in/right out only. It does not give an option. There may eliminate a signal, but can the Commission waive the General Plan requirements without a General Plan Amendment. City Attorney Dawn Honeywell stated she was not sure they were asking for them to be waived. There needs to be clarification as to what the General Plan requires. She assumes the staff report makes a finding for consistency with the General Plan requirements. Commissioner Tyler stated his position was that if they are in direct opposition to the General Plan, how can it be in compliance. 23. Commissioner Tyler stated that in the noise study it states mechanical ventilation shall be installed on the units facing Adams Street to meet City Noise Ordinance; what is a mechanical ventilation unit? Staff stated they would have to talk with the noise consultant. Ms. Hemphill stated this was written by a consultant and regardless of what it is, the units will all have central air conditioning. 24. Commissioner Tyler stated the staff report refers to the developer as being given relief from paying parkland fees and in the Specific Plan it states the developer will pay the fees. City Attorney Dawn Honeywell stated she assumes they are reading the City's Subdivision Ordinance which states that if they are not subdividing the property into more than five parcels they are not required to pay the fees. Commissioner Tyler stated it does not say this, it states generally which gives the City latitude to impose or not impose fees. Discussion followed regarding the parkland fees. 6 0 i CAMy Documents\WPDOCS\PC7-27-99.wpd 062 Planning Commission Minutes July 27, 1999 25. Commissioner Tyler questioned Page 18 of the Specific Plan regarding a statement that has to do with the availability of electricity being run to support the CVWD well site and asked what would happen if the timing is such that this project needs electricity and CVWD has not gotten around to developing that site. Commissioner Robbins stated CVWD will install the power when a well site is constructed. If the development goes first and CVWD has not, they will have to put it in or wait for CVWD to install it. The developer will work with power companies to meet the demand. 26. Commissioner Butler stated the property owner to the north has a valid point in regard to the grade differential and it needs to be resolved by all three parties: this applicant, the property owner to the north, and the City. 27. Chairman Kirk stated what may have been lost in the discussion so far, is that this is a good project on a better site and he applauds the applicant on the design. There are some significant issues to be resolved regarding traffic and grading and asked staff about the stacking issues; what are projections for a left turn in? Senior Engineer Steve Speer stated a traffic study has been completed and staff has an anticipation of what the turning movements will be going southbound and making the left turn in. There is enough room to create a significant left turn pocket. He then went on to explain the traffic flow on Adams street. What staff is trying to do in the General Plan is to cut down on the number of signals that cause delays on Arterial streets to allow residents to get around in an efficient manner. The most dangerous movement on a site is the left turn out lane. They have to cross two or three lanes of traffic and enter the fast lane. By restricting the left turn out, you cut out the need for a signal. 28. Commissioner Tyler asked if Lake La Quinta had a full turn access. Staff stated it has. Commissioner Tyler asked if 471h Avenue will have a signal at this location. Staff stated it is a "T" intersection right now but when the auto mall is built out it will extend the fourth leg to the intersection and it may be signalized in the future. 29. Chairman Kirk asked about the number of entrances into the site as it appears to be an issue. 30. Commissioner Robbins stated it should be an easy design change for the applicant. 31. Commissioner Kirk noted the previous project on 47t' Avenue had only one entrance and they were able to accommodate multiple purposes. He askr6 0 ►7 the applicant if staff were to eliminate the one entrance, would it cause them a problem? Ms. Hemphill stated they would rather have it, but if that is a concern of the Commission, they will accommodate it. 063 CAMy Documents\WPDOCS\PC7-27-99.wpd Planning Commission Minutes July 27, 1999 32. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 99- 058 certifying an Initial Study/EIR Addendum for Environmental Assessment 99-385. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 43. There being no discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99-059 recommending approval of Specific Plan 99-037, as modified: a. Specific Plan Text Amendment Conditions of Approval changes: 1. Parkland fee shall be required for this project (deleted staffs comments). 2. Exhibits 5 and 9: If a grade differential between properties is less, the developer shall work with City staff to reduce the height of the retaining wall. 3. Page 13, Section 2.10.3: delete the second sentence. 4. Page 17, Section 2.40.3: delete the third sentence. 5. Page 21, Section 2.50.4: change Palm Desert Waste Management to Waste Management of the Desert. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 99- 060 recommending approval of Site Development Permit 99-654, as modified: a. Condition #28 deleted. b. Condition #52 - delete the last sentence. C. Condition #53 - change left out to right in. d. Condition #71 - applicant to work with staff to provide appropriate size of landscaping planters to not conflict with turning movements into and out of garages at the northeast and southeast corners of the property. e. Condition #84 - the street width is subject to Fire Department approval. f. Add new condition: requiring the middle driveway to be eliminated. 6 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 064 CAMy Documents\WPDOCS\PC7-27-99.wpd Attachment 4 LI Go 11 MI . Foal RE 6169 065 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: September 7, 1999 Continued Joint Public Hearing Between the City Council and Redevelopment Agency to Consider an Affordable Housing Agreement By and Between the La Quinta Redevelopment Agency and The Spanos Corporation for the Property Located on the East Side of Adams Street and North of the Intersection of Adams Street and 48th Avenue. Applicant: The Spanos Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation for the property located on the east side of Adams Street and north of the intersection of Adams Street and 48th Avenue. FISCAL IMPLICATIONS: The program as outlined in the Agreement will require an expenditure of up to $300,000 from the Redevelopment Agency's Project Area No. 2 Low and Moderate Income Housing Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This item was considered at the City Council meeting of August 3, 1999 and continued to allow the applicant additional time to review the Agreement. In the spring of this year, the La Quinta Redevelopment Agency entered into exclusive negotiations with The Spanos Corporation to evaluate the feasibility of locating a 200-unit apartment project on 14.2 acres of Agency property (located north of the intersection of Adams Street and 48" Avenue. Through these negotiations, The Spanos Corporation agreed to reserve 20 units at rents affordable to low and moderate income households for thirty years. The attached Affordable Housing Agreement (Attachment 1) facilitates a land exchange and Agency funding transactions necessary to accommodate the development proposal and reserve the 20 affordable units. C:\Mv Documents\WPDOCS\ccih-rda Spanos AHA.wpd The attached Summary Report (Attachment 2) details the transaction embodied in the Agreement. The Agency and The Spanos Corporation will exchange properties and the Agency will provide $300,000 in financial assistance to facilitate the 20 affordable units. The Spanos Corporation will then construct a 200-unit apartment complex and reserve 20 units for affordable housing; 10 units will be rented to low-income households and 10 units to moderate income households for a period of thirty years. The land exchange involves the transfer of 10 acres of property The Spanos Corporation owns southwest of the intersection of 47th Avenue and Adams Street for the 14:4 Agency parcel. The Spanos Corporation initially proposed to develop their 10-acre parcel (without an affordable housing component)- with an apartment complex, but community concerns resulted in subsequent consideration of the Agency parcel. The Agency will s6ek development proposals for this 10-acre property at a later date. A recent property appraisal indicates the 10-acre Spanos property is worth $82,277 more than the Agency parcel. A portion of the Agency's $300,000 financial assistance will fund this difference. The remaining $217,723 of Agency financial assistance will fund planning, public agency fee and off -site infrastructure costs related to the 20 affordable units. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation for the property located on the east side of Adams Street and north of the intersection of Adams Street and 48th Avenue; or 2. Do not adopt a Resolution of the City Council approving the Affordable Housing Agreement; or 3. Provide staff with alternative direction. Ily sub 7mrymHe rmanunity velopment Director ,nov d for Submis ' n- Thomas P. Genovese, City Manager Attachments: 1. Affordable Housing Agreement 611 2. Summary Report 002 CAMy Documents\WPDOCS\ccjh-rda Spanos AHA.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF CITY OF LA QUINTA APPROVING AND AUTHORIZING THE EXECUTION OF AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS COMPANY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the La Quinta Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment Plan") for La Quinta Redevelopment Project Area No. 2 (the "Project" or the "Project Area"); and, WHEREAS, in order to carry out and implement such Redevelopment Plan and the affordable housing requirements thereof, the Agency proposes to enter into that certain "Affordable Housing Agreement for Apartments Agreement", (the "Agreement") with The Spanos Company, (the "Developer"), for the disposition and development of the property located northwest of the intersection of 481h Avenue and Adams Street, (the "Site"), more particularly described in the Agreement; and, WHEREAS, the Agreement provides for the installation or construction of infrastructure improvements (referenced therein as the "Off -Site Improvements"), which are more particularly described in the Agreement. The Off -Site Improvements which among other things, consist of drainage improvements, streets, and pedestrian access facilities as provided for in the Redevelopment Plan; and, WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., (the "Community Redevelopment Law") the Agency is authorized, with the approval of the City Council, after a duly noticed public hearing, to sell the Site for development pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of the property will assist in the elimination of blight and that the consideration for such sale is not less than either the fair market value or fair reuse value of the Site in accordance with the covenants and conditions governing the sale and the development costs required thereof; and, WHEREAS, Sections 33334.2 and 33334.6 of the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. (the "Community Redevelopment Law") authorize and direct the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to Section 33670 of the Community Redevelopment Law for the purposes of increasing, improving and preserving the community's supply of low- and moderate -income, lower income, and very low income; and, 619 003 CAMy Documents\WPDOCS\RESOCC-Spanos Apts AHA.wpd Resolution 99- A. G. Spanos Affordable Housing Agreement WHEREAS, pursuant to applicable law, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"); and, WHEREAS, pursuant to Section 33334.2(e) of the Community Redevelopment Law, in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market; and, WHEREAS, the construction of the housing development pursuant to the Agreement will benefit the Project Area by providing decent, safe, and sanitary housing for persons who may work, shop, or use services within the Project Area, and by establishing higher quality standards for the supply of housing which is available to low- and moderate income persons within the community; and, WHEREAS, Section 33445 of the Community Redevelopment Law provides that with the consent of the City Council the Agency may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without of the Project Area if the City Council determines that the buildings, facilities, structures, or other improvements are of benefit to the Project Area or the immediate neighborhood in which the project is located, that no other reasonable means of financing the buildings, facilities, structures or other improvements are available to the community and that the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the Project Area; and, WHEREAS, a joint public hearing of the Redevelopment Agency and City Council on the proposed Agreement was duly noticed in accordance with the requirements of Section 33433 of the Community Redevelopment Law; and, WHEREAS, the proposed Agreement, and a Summary Report meeting the requirements of Section 33433 of the Community Redevelopment Law, were available for public inspection consistent with the requirements of Section 33433 of the Community Redevelopment Law; and, WHEREAS, on the 7th day of September, 1999, the Agency and City Council did hold a joint public hearing on the proposed Agreement, at which time the City Council reviewed and evaluated all of the information, testimony, and evidence presented during the public hearing; and, WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and, 6119. C:\My Documents\WPDOCS\RESOCC-Spanos Apts AHA.wpd 004 Resolution 99- A. G. Spanos Affordable Housing Agreement WHEREAS, the City Council has reviewed the Summary required pursuant to Section 33433 of the Community Redevelopment Law and has evaluated any and all other information pertaining to the findings required pursuant thereto; and, WHEREAS, the Agreement requires that twenty (20) of the units developed pursuant thereto be rented, as more particularly specified in the Agreement, to households having limited incomes, and that the units remain affordable for a substantial period of time to those households; and, WHEREAS, the sale of the Site pursuant to the Agreement will assist in the elimination of blight by providing for the provision of affordable housing within the Project Area, the provision of physical improvements, including the provision of flood control and vehicular and pedestrian access facilities, and encouraging the development of land the development of which had proven to be infeasible for the private sector, acting alone; and, WHEREAS, the proposed development of the Site pursuant to the terms of the Agreement has been previously evaluated pursuant to the California Environmental Quality Act ("CEQA"), and no additional impacts not previously addressed will result from this Agreement; and, WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the Site pursuant thereto is in the best interests of the City of La Quinta and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: Section 1. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Site pursuant to the terms and conditions of the Agreement is not less than fair reuse value in accordance with the covenants and conditions governing the sale, and the development costs required under the Agreement. Section 2. The City Council hereby finds and determines that the sale of the Site is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. Section 3. The City Council hereby finds and determines pursuant to Section 33445 of the Community Redevelopment Law that there is no other reasonable means of financing the cost of certain public improvements in the assistance portion of the Agreement which are a benefit to the Project Area and work towards elimination of blight. 614 C:\My Documents\WPDOCS MOCC-Spanos Apts AHA.wpd 005 t Resolution 99- A. G. Spanos Affordable Housing Agreement Section 4. The project is exempt from CEQA, except to the extent prior approvals have been given pursuant to CEQA. Section 5. The City Council hereby approves the execution of the Agreement. Section 6. The City Clerk shall certify to the adoption of this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED this 71h day of September, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, Legal Counsel City of La Quinta, California JOHN J. PENA, Mayor City of La Quinta, California 615 CAMy Documents\WPDOCS\RESOCC-Spanos Apts AHA.wpd 006 T4ht 4 4QutKtw COUNCIL/RDA MEETING DATE: September 7, 1999 Continued Public Hearing to Certify Environmental Assessment 98-369 and Approve Tentative Tract Map 28982, Site Development Permit 98-631 and Tract 24230 (Amendment #1), a Request by A. G. Spanos Corporation to Approve Development Plans for a 160 Multi -family Unit Project, Subdivide 10.17 Acres for 160-Airspace Condominiums and Elimination of a Requirement to Provide Affordable Housing Units Located at the Southwest Corner of 47th Avenue and Adams Street. Applicant: A. G. Spanos RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration (EA 98-369) for Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 (Amendment #1); and Adopt a Resolution of the City Council approving Tentative Tract Map 28982, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Site Development Permit 98-631, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Tract 24230 (Amendment #1), subject to findings and conditions as attached. FISCAL IMPLICATIONS: The applicant is negotiating the sale of the property to the City of La Quinta Redevelopment Agency (RDA). The Affordable Housing Agreement between the applicant and RDA is Item No. 1 on this agenda. SRCCSpanos 9/7old -36 6 1 e None. • 111 1 W, ` ►10 Rew The vacant site is located on the southwest corner of 47th Avenue and Adams Street adjacent to the Lake La Quinta development (Attachment 1). The site is bounded by La Quinta houses to the south and west, the proposed auto dealerships across Adams Street to the east and vacant commercial properties and CVWD well to the north across 47th Avenue. Parkway landscaping improvements exist on the perimeter public streets, and stucco clad masonry block walls exist on Adams Street and along the west property line. City Council Action On February 16, 1999, the City Council, at a continued Public Hearing, heard public testimony for the proposed 160-unit multi -family project pursuant to the Planning Commission's recommendation for approval on January 26, 1999. The City Council, after reviewing the information from adjacent property owners and the applicant's legal representative, continued review to March 16, 1999 by adoption of Minute Motion 99- 23. On March 16, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-30, continuing discussion for this project to April 20, 1999 after receiving a letter from the developer's legal counsel requesting a 30-day delay. On April 20, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-51, continuing discussion for this project to May 18, 1999 permitting continued negotiations between the City's Redevelopment Agency and the developer to relocate the project to property owned by the City located on the north side of 48th Avenue and east of Adams Street. On May 18, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-61, continuing project discussion to July 20, 1999 and authorizing the Mayor to sign an "Agreement to Continue Applications" with the property owner. On July 20, 1999, the City Council, on a 5-0 vote, adopted Minute Motion 99-105, continuing this project to September 7, 1999. r 1 �' SRCCSpanos 9/7old -36 Project Request The applicant requests approval of a development consisting of 160 multi -family units in a RH (High Density Residential) Zone District (Attachment 2). One and two-story buildings are proposed with units ranging in size from 792 square feet to 1,121 square feet. All residential structures are two stories (30'-2" high), except the building at the southwest corner of the project, which is one story. Perimeter setbacks adjacent to Lake La Quinta properties are 10-feet (west side) and 22-feet (south side), respectively. The roof on each proposed building will be covered with flat concrete tiles, and the walls will be clad with stucco. Proposed roof styles are a combination of modified hip and gable. Desert color tones are proposed (e.g., beige, etc.). The color material sample board will be available for viewing at the meeting. Multi -pane windows are proposed, on the first floor, with single pane single hung sash windows on the second story. The proposed first floor windows will have stucco surrounds. All proposed windows including the sliding glass doors will have aluminum frames. Each of the proposed units a have covered outdoor patio or balcony primarily facing interior courtyards. Project access is limited to two access driveways on 47th Avenue. Automatic swing gates are to be used to control access into the project with an emergency only access proposed for the driveway adjacent to the west property line. Private on -site access lanes are typically 28-feet in width, accommodating two-way traffic. Parking for the project consists of open parking for guests and covered parking (carports and garages) for residents. Attached garages are proposed for several of the building types. Carport structures are freestanding and constructed of prefabricated metal. The total number of parking spaces for the project is 325, with 280 spaces being covered (i.e., a ratio of two parking spaces/unit). The recreation complex, proposed within the northeast corner of the project area, will be single story (3,144 square feet) and a maximum 23'-9" in height. A pool/spa, fountain, putting green, and basketball court (two half courts) are also proposed. Open parking spaces are provided near the recreation building to accommodate sales activities and temporary guest parking. Landscaping plans reflect a varied plant palette for the project. Palm trees are proposed at the project entrance. Specimen trees (24" to 48" boxes) are proposed to buffer the two story buildings along the west and south sides of the project. Trees 0 • SRCCSpanos 9/7old -36 003 consist of African sumac, California pepper and Bottle trees for parking areas, and other types for interior common areas. The applicant has proposed a five-foot high wall along Dulce Del Mar connecting with the existing Adams Street wall with a combination wall (low masonry with open fencing on top) proposed along the frontage of 47th Avenue. In addition to the request to develop the property, the developer requests elimination of Condition #41 of Tract 24230 requiring five percent of the units to be set -aside for low and moderate income families, allowing all units to be price at market rates. Public Notice This request was advertised in the Desert Sun newspaper on November 21, 1998, and mailed to all property owners within 500 feet of the site for the initial public hearing on December 15, 1998. Since the initial meeting, the City Council has continued action on the project on two separate occasions, with the last continuance occurring on February 16, 1999. Letters of protest received from Lake La Quinta residents were previously delivered to the City Council and are on file with the Community Development Department. Public Agency Review The applicant's request was sent to affected public agencies by the Community Development Department on September 11, 1998, and any pertinent comments received have been incorporated into the Conditions of Approval. Findings for approval of this project are contained in the attached resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration (EA 98-369) for Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 (Amendment #1); and Adopt a Resolution of the City Council approving Tentative Tract Map 28982, subject to findings and conditions as attached; and SRCCSpanos 9/7old -36 619, AM Adopt a Resolution of the City Council approving Site Development Permit 98- 631, subject to findings and conditions as attached; and Adopt a Resolution of the City Council approving Tract 24230 (Amendment #1), subject to findings and conditions as attached; or 2. Continue the Public Hearing for certification of a Mitigated Negative Declaration (EA 98-369) and approval of Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 (Amendment #1) to September 21, 1999; or 3. Provide staff with alternative direction. Respectfully submitted, Hermon, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Site Plan 3. Large Exhibits (Council only) SRCCSpanos 9/7old -36 DIWO RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-369 FOR TENTATIVE TRACT MAP 28982 TO ALLOW THE SUBDIVISION OF 10.1 ACRES INTO ONE CONDOMINIUM LOT, SITE DEVELOPMENT PERMIT 98-631 TO CONSTRUCT 160 MULTI -FAMILY UNITS AND ACCESSORY BUILDINGS, AND TRACT MAP 24230 AMENDMENT 1 TO ELIMINATE CONDITION NO. 41 PERTAINING TO AFFORDABLE HOUSING. ENVIRONMENTAL ASSESSMENT 98-369 WHEREAS, the City Council of the City of La Quinta, California, did on the 15" day of December, 1998, 161h day of February, 1999, 16th day of March, 1999, 20th day of April, 1999, 181h day of May, 1999, 20" day of July, 1999, and 7" day of September, 1999, hold duly noticed Public Hearings as requested by A. G. Spanos on the Environmental Analysis for Tentative Tract Map 28982, Site Development Permit 98-631, and Tract Map 24230 (Amendment 1), located at the southwest corner of the intersection of 47th Avenue and Adams Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of November, 1998, and the 26" day of January, 1999, hold a duly noticed Public Hearing as requested by A. G. Spanos on the Environmental Analysis for Tentative Tract Map 28982, Site Development Permit 98-631, and Tract Map 24230 (Amendment 1), and did recommend, by Planning Commission Resolution 99-007, certification of a Mitigated Negative Declaration of Environmental Impact for EA 98-369; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 98-369) and has determined that although the proposed subdivision, development, and amendment could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval for Environmental Assessment 98-369, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, 621 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Resolution 99- September 7, 1999 A.G. Spanos Council did make findings to justify the certification of said Environmental Assessment; and, WHEREAS, at the Public Hearing, said certification was based on findings and subject to certain mitigation measures; and, WHEREAS, the La Quinta City Council on the 7t' day of September, 1999, did find the following facts to justify certification of said Environmental Assessment: 1 . The proposed tentative tract map, site development permit, and amendment will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. 2. The proposed tentative tract map, site development permit, and amendment will not have the potential to achieve short term goals to the disadvantage of long- term goals, with the successful implementation of mitigation. 3. The proposed tentative tract map, site development permit, .and amendment will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity. 4. The proposed tentative tract map, site development permit, and amendment will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitutes the findings of the City Council in this case; 2. That it does hereby concur with the environmental determination and certification of Environmental Assessment 98-369 for the proposed Tentative Tract Map 28982, Site Development Permit 98-631, and Tract Map 24230 Amendment No. 1. 62, 007 Resolution 99- September 7, 1999 A.G. Spanos PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71h day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN L. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California P:\ccearesEA98-369Spanos.wpd 623 INITIAL STUDY - ADDENDUM WIL4 ENVIRONMENTAL ASSESSMENT 98-369 Aventine Tentative Tract 28982 Site Development Permit 98-631 Tract 24230 (Amendment #1) A. G. Spanos Prepared by-: City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 Revised January 21, 1999 624 1i' TABLE OF CONTENTS 1 INTRODUCTION................................................3 1.1 Project Overview ............................................... 3 1.2 Purpose of Initial Study .......................................... 4 1.3 Background of Environmental Review .............................. 4 1.4 Summary of Preliminary Environmental Review ...................... 4 2 PROJECT DESCRIPTION ........................................ 5 2.1 Project Location and Environmental Setting .......................... 5 2.2 Physical Characteristics ........... ............................. 5 2.3 Operational Characteristics ....................................... 5 2.4 Objectives....................................................5 2.5 Discretionary Actions ........................ 5 2.6 Related Projects ............................................... 5 3 ENVIRONMENTAL ASSESSMENT ................................ 6 3.1 Land Use and Planning ......................................... 6 3.2 Population and Housing ........................................ 8 3.3 Earth Resources..............................................10 3.4 Water......................................................13 3.5 Air Quality .................................................. 17 3.6 Transportation/Circulation...................................... 19 3.7 Biological Resources .......................................... 21 3.8 Energy and Mineral Resources .................................. 22 3.9 Hazards....................................................23 3.10 Noise......................................................25 3.11 Public Services ............................................... 26 3.12 Utilities..................................................... 28 3.13 Aesthetics ................................................... 30 3.14 Cultural Resources ............................................ 32 3.15 Recreation..................................................34 4 MANDATORY FINDINGS OF SIGNIFICANCE ..................... 34 5 EARLIER ANALYSIS...........................................35 P:\EA98-369Avenfine.wpd 625 010 1.1 PROJECT OVERVIEW The purpose of this Initial Study is to identify the potential environmental impacts of a proposed development resulting in 160 new multi -family units with garages, covered parking areas, a swimming pool, basketball court, golf putting area, administrative office, and other accessory amenities, located at the southwest corner of the intersection of 47" Avenue and Adams Street (A.P.N. 643-090-014). Tentative Tract Map 28982 proposes to subdivide 10.17 acres into one single family condominium residential lot. Site Development Permit 98-631 would 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. The proposed one -bedroom unit will have 792 square feet of living space. There are 2 two -bedroom unit floor plans: Unit B having 960 square feet, and Unit C with 1,121 square feet. The applicant proposes to name the development, "Aventine." The project site is a part of a previously approved Tract Map 24230, which involved the division of 151 gross acres into 1 multi -family lot at the southwest corner of 47"' Avenue and Adams Street, 3 commercial parcels along the east frontage of Washington Street south of 47"' Avenue, and 281 single family residential lots located between these commercial and multi -family areas. TTM 24230 was approved by the City Council on July 5, 1989, by Resolution 89-85. The applicant is also requesting an amendment to Tract 24230 for deletion of Condition No. 41, which sets forth the reservation of a fixed percentage of units for low and moderate income persons. The single family development within Lake La Quinta was approved under Tract Map 26152, on July 31, 1990, by Resolution 90-64. This subdivision created 281 lots for single family custom homes on 103.5 acres at the northwest corner of 48t" Avenue and Adams Street, south of the proposed multi -family project site. In addition, Zone Change 89-037 was approved and changed the zoning designations of the property from R-2-9600, R-2-2500, and R-5 to R-2, R-1, and C-1 to implement a tract map for 281 single family lots, 22.58 acres of commercial retail -office, 10.1 acres for multi -family residential, and a 24-acre lake. The tract map and change of zone were assessed for environmental impacts in Environmental Assessment 89-110, for which a Negative Declaration of Environmental Impact was certified by the City Council. Subsequently, Tract Map 26152 was approved on July 31, 1990, and is within TM 24230 as a partial resubdivision to adjust multiple residential lot lines. The City of La Quinta is the Lead Agency for the project review, as defined by Section 21067 of the California Environmental Quality Act (CEQA). The Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The City of La Quinta, as the Lead 626 Agency, has the authority to oversee the environmental review and to approve amendments to projects. Oil P: \EA98-3 69Aventinempd 1.2 PURPOSE OF INITIAL STUDY As part of the environmental review for the proposed Tentative Tract Map and Site Development Permit, the City of La Quinta Community Development Department staff has prepared this Initial Study. This document provides a basis for determining the nature and scope of the subsequent environmental review for the proposed requests. The purposes of the Initial Study, as stated in Section 15063 of the State CEQA Guidelines, include the following: To provide the Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Mitigated Negative Declaration of Environmental Impact for the proposed development; To enable the applicant, or the City of La Quinta, to modify the requests, mitigating adverse acts before an EIR is prepared, thereby enabling the projects to qualify for a Mitigated Negative Declaration of Environmental Impact; To assist the preparation of an EIR, should one be required, by focusing the analysis on those issues that will be adversely impacted by the proposed project; To facilitate environmental review early in the review of the Tentative Tract Map, Tract Map Amendment, and Site Development Permit; To provide documentation for the findings in a Negative Declaration that the Tentative Tract Map, Tract Map Amendment, and Site Development Permit will not have significant effects on the environment; To eliminate unnecessary EIR's; and, To determine whether a previously prepared EIR could be used with the project. 1.3 BACKGROUND OF ENVIRONMENTAL REVIEW The proposed Tentative Tract Map, Tract Map Amendment, and Site Development Permit applications were deemed subject to the environmental review requirements of CEQA in light of the intended development and potential impacts upon the property and surrounding area. This Initial Study Checklist and Addendum was prepared for review by the City of La Quinta Planning Commission and certification by the City Council. 1.4 SUMMARY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT This Initial Study indicates that there is a potential for adverse environmental impacts related to geological problems, water, transportation/circulation, biological resources, noise, public services, aesthetics, and cultural resources, and recreation issues contained in the Environmental Checklist. The degree of some of these adverse impacts is significant, however, with the recommended mitigation measures, the level of significance will be 627 reduced to less -than -significant levels. As a result, a Mitigated Negative Declaration of Environmental Impact will be recommended for this project, subject to conditions of PAEA98-369Aventine.wpd 012 approval and mitigation measures. An EIR will not be necessary. 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING The City of La Quinta is a 31.18 square mile municipality located in the southwestern portion of the Coachella Valley, in Riverside County, California. The City is bounded on the west by the City of Indian Wells, on the east by the City of Indio and Riverside County, on the north by Riverside County, and federal lands to the south. The City of La Quinta was incorporated in 1982. 2.2 PHYSICAL CHARACTERISTICS The proposed Tentative Tract 28982 would create one residential condominium lot within a gated development consisting of 160 residential units with garages and accessory structures. The project is located to the northeast of the Lake La Quinta development, and all access for the multi -family units will be off of 471' Avenue. The project site is currently vacant land that is a part of Tract Map 24230. 2.3 OPERATIONAL CHARACTERISTICS The proposed development will operate as a multi -family residential project within a gated community. 2.4 OBJECTIVES The objectives of the proposed Tentative Tract 28982 and Site Development Permit 98-631 are to provide multi -family residential units. The request to eliminate Condition #41 of Tract 24230 is to relieve the applicant from the responsibility to provide for affordable housing. 2.5 DISCRETIONARY ACTIONS A discretionary action is an action taken by a government agency that calls for the exercise of judgment in deciding whether to approve a project. For this project, the government agency is the City of La Quinta. The proposed Tentative Tract Map and Site Development Permit will require discretionary recommendation of approval by the Planning Commission, and approval by the City Council. Certification of a Declaration of Environmental Impact for Environmental Assessment 98-369 must be determined prior to action on the subdivision or development approvals. 2.6 RELATED PROJECTS Proposed Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 628 Amendment #1 are companion applications for one project. There are no other current applications related to this project. Tract Map 23240 was approved in 1989, for the Lake La Quinta project, of which the Aventine project site is a part of. 013 P:\EA98-369Aventine.wpd MKOJOUNWAD112UT I CO\1/ 10113 ►/ 1 Dig This section analyzes the potential environmental impacts associated with the land use and subdivision design approval of the proposed tentative tract and site development permit. The CEQA Checklist issue areas are evaluated in this addendum. For each checklist item, the environmental setting is discussed, including a description of the existing conditions within the City and the areas affected by the proposed subdivision. Thresholds of significance are defined either by standards adopted by responsible or trustee agencies, or by referring to criteria in CEQA (Appendix G). Mitigation measures are discussed for each issue and are formalized in the Mitigation Monitoring Plan that is a part of the project conditions of approval. 3.1 LAND USE AND PLANNING Regional Environmental Setting The City of La Quinta is located in the Coachella Valley, in the eastern portion of Riverside County. The valley is abundant with both desert plant and animal life. The topographical relief ranges from -237 feet below mean sea level (msl) to approximately 10,000 feet above msl. The valley is a part of the Colorado Desert region. Surrounding the valley are the San Jacinto Mountains, the Santa Rosa Mountains, the Orocopia Mountains in the distant southeast, the San Bernardino Mountains to the northeast. The San Andreas fault transects the northeastern edge of the valley. Local Environmental Setting The local setting for Aventine project is a relatively flat desert parcel with small sand dunes that overlay the ancient Lake Cahuilla shoreline. Elevations on the parcel vary with an average of 63-feet above mean sea level. The proposed project is located near the northern - central portion of the City, to the northeast of the Lake La Quinta project. Near the project site are vacant, commercially -designated parcels to the east and north, and developing residential areas within Lake La Quinta to the south and west. The proposed project would not be a part of the Lake La Quinta development, which is a single family, gated community. A. Would the project conflict with the general plan designation or zoning? No Impact. Adjacent land uses and their designations to the subdivision boundary consist of Low Density Residential (RL) zoned developed residential and vacant residential parcels to the south and west, vacant Regional Commercial (CR) zoned parcels and a CVWD well site to the north, and Regional Commercial (CR) zoned parcels to the east where an approved auto mall will be located. The General Plan land use designations are compatible with the zoning designations for the surrounding parcels. These adjacent land uses and their designations are compatible with the proposed high density residential land use of Tentative Tract 28982 as the high density residential will serve as a transition between the single 6 ? 9 family land uses and the commercial land uses. The subject property is designated as High PAEA98-369Aventinempd 014 Density Residential (HDR) on the City's General Plan, and High Density Residential (RH) on the City's Zoning Map. A perimeter wall around the proposed project will serve to separate the various land uses. There are no adverse impacts or conflicts identified for this request, thus, no mitigation is required for this issue (Source: La Quinta General Plan, 1992; La Quinta Master Environmental Assessment; La Quinta Zoning Map; La Quinta Housing Element). B. Would the project conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over the proposed Tentative Tract Map, Tract Map Amendment, and Site Development Permit. The primary environmental plans and policies pertinent to this project are identified in La Quinta's General Plan, the General Plan EIR, the La Quinta Master Environmental Assessment, EA 98-110, and the City's CEQA Guidelines. The proposed development does not conflict with the above referenced documents adopted by the City Council. Specific environmental issues area could have impacts that will be individually mitigated by measures identified in this document. No mitigation is required for this issue. C. Would the proposal be incompatible with existing land use in the vicinity? No Impact. The proposed development is a continuation of existing and planned development in the project area (Source: EA 98-110). There are no impacts identified for this issue, and no mitigation is required other than the development standards for projects in the RH Zoning District (Source: La Quinta General Plan, 1992; La Quinta Zoning Map; EA 98- 110). D. Would the project affect agricultural resources or operations (e.g. impact to soils or farmlands, or impacts from incompatible land uses)? No Impact. The La Quinta General Plan does not contain an agricultural land use designation although there are agricultural land uses extant in the south and southeastern portions of the City. Historically, there has been farming activity in several sections of the City. There is no indication that the project site itself has been tilled, since being graded in 1990. Construction of this project with the accompanying extensions and improvements to the infrastructure system will encourage owners of adjacent properties to develop their land. Active farming in the area ceased many years ago in anticipation of development. Thus, the impact on prime agricultural resources or operations in the immediate area has already occurred. Urban development of particular historically -agricultural lands is essential to achieving the objectives of the adopted La Quinta General Plan (Sources: La Quinta General Plan, 1992; Site Survey). No mitigation measures are required for this issue. E. Would the project disrupt or divide the physical arrangement of an established community (including a low-income minority community)? No Impact. Existing single family residential land uses are located to the west and south of 630 the project site. The proposed gated multi -family development will not affect the physical arrangement of the existing or planned nearby neighborhoods as it is adjacent to 471' Avenue and Adams Street, and does not propose to disrupt or divide the existing circulation system PAEA98-369Aventinempd 015 (Sources: Site Survey; TTM 28982). No mitigation measures are required for this issue. 3.2 POPULATION AND HOUSING Regional Environmental Setting Between 1980 and 1990, the population of La Quinta expanded 125%, as reported by the U.S. Census, making the City the second fastest growing city in the Coachella Valley. During that time period, the number of residents in La Quinta blossomed from 4,992 to 11,215. From 1990 to January of 1996, the population grew from 13,070 to 18,050. The current population is estimated at 20,444. These figures are based upon information provided by the U.S. Census Bureau, the State Department of Finance, and the Coachella Valley Association of Governments (CVAG). La Quinta's population ranks sixth largest of the nine cities in the Coachella Valley. Annual average growth rate has been approximately 10% in recent years. The projected population of La Quinta by the year 2000 is anticipated to be 23,000, and by 2010, the population could be 32,786 (Source: Community Development Department, 1998). The average age of a City resident is 32.2 years. Persons over the age of 45 make up 27% of the City's population. The average household income is $56,126 (Source: U. S. Census). In addition to permanent residents, La Quinta has approximately 9,300 seasonal residents who spend three to six months in the City. With more resort opportunities being created in the City, the numbers of visitors increases. It is estimated that 30% of all housing units in the City are used by seasonal residents (Source: Community Development Department, 1998). The total housing stock as of 1996, is listed at 9,352 units. Single family units make up 68 percent of the available housing stock. The housing unit breakdown is as follows: 8,624 detached single family, 481 multi -family units, and 247 mobile homes. The average number of persons per household is 3.15 (Source: Department of Finance 1996). Median home values in La Quinta are approximately $110,000 which is lower than the average for Riverside County ($115,240), and less than other Southern California counties and the state median price 6f $177,630 (Source: La Quinta Economic Overview 1996 Edition). Ethnicity information from the 1990 Census revealed that the composition of La Quinta's population is 70% Caucasian, 26% Hispanic, 2% Afro-American, 1.5% Asian, and 1.0% Native American. The 1990 Census indicates that 8 1 % of the La Quinta residents are high school graduates and 2 1 % are college graduates (Source: 1990 Census/Estimates). Local Environmental Setting A. Would the project cumulatively exceed official regional or local population projections? No Impact. The development planned for the proposed project will ultimately result in the 631 development of 160 new multi -family units, with garages, covered parking areas, a swimming pool, basketball court, golf putting area, administrative office, and other accessory amenities. The proposed project is projected to have a 2.85 per unit population, for a total population of approximately 456 people. The potential population of this project has been 016 PAEA98-369Aventine.wpd included in the 1992 General Plan analysis and associated EIR. Therefore, this issue has been previously considered by the City Council and does not require additional study or mitigation. Temporary construction -related jobs will be created as the new units are built. A limited number of new permanent or part time jobs will be created as a result of the project related to administration, landscaping and maintenance of the development. No jobs are anticipated to be lost as a result of the project. New jobs will benefit the community, and result in a positive economic impact. It is not foreseen that any significant impacts to population growth rate or location will occur. No mitigation measures are required for this issue. B. Would the project induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Less Than Significant Impact. If the Aventine project is developed, there will be changes in the location, distribution, and density of population in the project area. It is anticipated that because the project will have growth inducing impacts (see the preceding Land Use section), the project will also result in an increase in the growth rate of the population in the area. This anticipated growth has been planned for in the 1992 La Quinta General Plan, and is considered minor relative to surrounding planned development (Source: 1992 General Plan and EIR). Also see discussion above in Subsection A. No mitigation measures are required for this issue. C. Would the project displace existing housing, especially affordable housing? No Impact. EA 98-110 stated that the overall project (Tract 24230) could create some demand for affordable housing, above that demand which exists today. The multi -family area should be required to provide affordable units as set forth in Policy #20 of the Draft Policies for the Highway 111 Corridor, and the 1989 Draft Housing Element of the City. A minimum of 5% of the units proposed in the multi -family parcel will be required to be affordable units. It should be noted that the Draft Highway 111 Corridor Plan was not adopted by the City and that there is a recently adopted Housing Element with different policies and programs for affordable housing issues. However, Tract 24230 was conditioned to provide 5% of the total units for the multi -family parcel to be set aside for affordable households. This would amount to 8 of 160 potential units. The proposed project will not have an impact upon existing housing, as there are no existing housing units on the subject property. However, Tract Map 24230 was conditioned to require set -aside housing for low income buyers. Tract Map 24230 was approved by the City Council in 1989, prior to the adoption of the Housing Element in 1995, and certification by the Department of Housing and Community Development on September 11, 1995. The Housing Plan contains several components to achieve a variety and diversity of housing in La Quinta. These components include the provision of adequate housing sites through land use and zoning regulations, land banking, and density bonuses. Provision for very low, low, 632 PAEA98-369Aventine.wpd 017 and moderate income housing is provided for by a redevelopment affordable housing set - aside fund, first-time home buyer down payment assistance programs, mortgage revenue bonds to support the development of owner and rental multiple and single family housing, Section 8 rental assistance, equity sharing, Section 202 elderly or handicapped housing, second units, mortgage credit certificate programs, and other financing and tax credit programs. Additionally, there are provisions for housing rehabilitation, removal of constraints that affect the cost of housing, energy and water conservation opportunities, promotion of equal housing opportunities, and the monitoring and administration of the Housing Element to ensure that it remains viable and useful. Because of the many programs and provisions listed above, the need to uphold conditions place on subdivisions approved prior to the Housing Element requiring set -aside housing is no longer necessary. (Sources: Site visit; Housing Element, 1995).The amendment of Tract 24230 to eliminate Condition #41 should result in no impacts regarding affordable housing in the City. No mitigation measures are required for this issue. 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quinta has a relatively flat, but gently sloping topography, except for the hillside area on the southern and western portions of the City. Elevations in the southeastern portion of the City reach 1,400 feet above msl. Slopes on the valley floor area of the City are gentle, except in the rolling sand dune areas. The alluvial soils that make up most of the City are underlain by igneous -metamorphic rock, as seen in outcrops in the Santa Rosa Mountains and the Coral Reef Mountains. Soils on the valley floor are made up of very fine grain unconsolidated silty sands. The Coachella Valley is underlain by hundreds of feet to several thousand feet of Quaternary fluvial, lacustrine, and aeolian soil deposits. Local Environmental Setting A review of historical aerial photographs indicates that the project area has been vacant for many years. The elevation of the property averages 63 feet above mean sea level (msl), with a range of 57 to 69 feet above msl (Source: USGS La Quinta 7.5' Quad Map).The project site is currently vacant of structures and is fairly level with the exception of some small dunes to approximately two feet in height. Scattered desert vegetation exists throughout the site and landscaping debris was evident in the south-central region of the property (Source: Earth Systems Consultants, July, 1998). The entire 10.17 acres are proposed for development (Source: TTM 28982, SDP 98-631). There is an inferred earthquake fault line located through the area west of the project site, that transects in a northwest to southeast trend. There has been no recorded activity along this fault line, and these faults traces are not considered active. However, the City of La Quinta lies in a seismically active region of Southern California, and major earthquakes are predicted to occur. Major active faults in the region include the San Andreas and Mission Creek faults located several miles to the north and west, and the Elsinore Fault Zone located to the 633 southwest. The project lies within Groundshaking Zones III and IV of the Modified Mercalli Scale, with Zone XII being the most hazardous. Very strong groundshaking, as well as the PAEA98-369Aventinempd 018 possibility of ground rupture, can occur during a major earthquake along these regional faults and represent the primary source of geologic hazard for the City. Should groundshaking occur, the grain size distribution and unconsolidated nature of alluvial sediments located within the City contributes to the potential for ground rupture, liquefaction and dynamic settlement, landsliding and geologic instability (Sources: Riverside County Comprehensive General Plan; 1992 La Quinta General Plan; 1992 La Quinta MEA). A geotechnical reconnaissance investigation was conducted for the project by Earth Systems Consultants, in July 1998. Borings were drilled for soil profiling and sampling. The borings indicate the site soils to be Silty Sands (SM) to Sandy Silts (ML). Thin layers of clay were encountered in all borings at various depths. The report indicates that the project site has underlying ancient lake deposits. The report states that the bearing soils showed expansion indices of zero when tested. All indications are that the soils on the site will allow for the proposed residential development, if the recommendations of the report are implemented. A. Would the project result in or expose people to potential impacts involving seismicity: fault rupture? Less Than Significant Impact. The proposed development of Tentative Tract Map 28964/Site Development Permit 98-631 could be effected by potential fault rupture hazards in the event of a large earthquake. The seismically -induced ground rupture, or earth cracking is not considered a significant hazard due to the absence of known active faulting located within City boundaries. Ground rupture produced through groundshaking of regionally active faults is not considered likely, although the possibility cannot be entirely discounted (Source: 1992 La Quinta MEA; Earth systems Consultants, July 1998; EA 98-110). There is no feasible mitigation for this issue, other than construction to Zone IV Seismic Standards as outlined in the Uniform Building Code. B. Would the project results in or expose people to potential impacts involving seismic ground shaking? Potentially Significant Unless Mitigated. The proposed subdivision location is on the border between Groundshaking Zones III and IV, which indicates that there is a potential for hazardous groundshaking from seismically induced earthquakes. Mitigation for this potential hazard consists of constructing all habitable structures to specific standards for Seismic Zone IV, as outlined in the Uniform Building Code (Source: EA 98-110; La Quinta MEA). C. Would the project result in or expose people to potential impacts involving seismicity: ground failure or liquefaction? No Impact. Liquefaction and ground failure are produced in geologically seismic areas where poorly consolidated soils mix with perched (trapped) groundwater causing dramatic decreases in the elevation of the ground. While groundwater depths can vary significantly over short distances, due to the presence of localized perched aquifers, the presence of known 63471 shallow water tables increases the potential for liquefaction throughout the region. The subdivision site is west of the known liquefaction hazard area in the City, thus an adverse impacts are assumed to be less than significant (Source: La Quinta MEA, 1992). The geotechnical engineering report indicates that the absence of groundwater in the upper 50 feet, PAEA98-369Aventinempd 019 the potential for liquefaction and the related surficial affects (liquefaction induced settlement) of liquefaction impacting the site are considered negligible. Groundwater was not encountered during boring work and is expected to be in excess of 50 feet below the existing ground surface (Source: Earth Systems Consulting, July 1998; EA 98-110). D. Would the project result in or expose people to potential impacts involving seismicity: seiche, tsunami or volcanic hazard? No Impact. The City is located in an inland valley, separated from the Pacific Ocean by mountain ranges, and would not be subjected to a tsunami. Lake Cahuilla, a man-made reservoir located in the southeast portion of the City, might experience some moderate wave activity as a result of an earthquake and groundshaking. However, the lake is not anticipated to affect this project in the event of a levee failure or seiche because the lake is approximately five miles south of the southern boundary of the project (Source: La Quinta MEA; La Quinta USGS 7.5' Quad Map; EA 98-110). The man-made lakes within the Lake La Quinta development are not anticipated to be any potential hazard to the proposed Aventine project. No mitigation is required for this issue. E. Would the project result in or expose people to potential impacts involving landslides or mudflows? No Impact. No mudflows are anticipated for this project, as the adjacent hills and mountains are formed of rocky granitic material. The proposed subdivision will not be effected by this hazard issue as Tentative Tract 28982 is 2,800 feet east of the closest rocky hillsides (Source: 1992 La Quinta MEA; EA 98-110). F. Would the project result in or expose people to potential impacts involving erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Potentially Significant Unless Mitigated. As the proposed subdivision is developed there will be slight changes in the topography as a result of grading and excavation. Approved grading plans are required prior to any such activity. Finished grade elevations along the south side of the development have been lowered by approximately one foot to facilitate minor changes to the drainage plan to accommodate site plan design changes. The geotechnical engineering report identifies specific hazards and mitigation measures for the proposed development type. This report states that the soil types found on the subdivision area have a moderate potential for wind erosion (defined as wind removal and/or soil accumulation in hummocks up to 24-inches high). In addition, due to silty nature of the surface soils, severe dust storms can be expected locally in areas not covered by vegetation. Therefore, an increase in wind erosion can be anticipated during grading and during development until ground cover is reestablished on the site. Impacts from erosion shall be mitigated by design or by implementation of the approved PM-10 Mitigation Plan (Chapter 6.16 of the Municipal Code) to be submitted and approved by the City prior to issuance of a grading permit. 635 020 P:AEA98-369Aventine.wpd G. Would the project result in or expose people to potential impacts involving subsidence of the land? Less Than Significant Impact. The project site is not located in an area designated for subsidence hazards. Dynamic settlement results in geologically seismic areas where poorly consolidated soils mix with perched groundwater causing dramatic decreases in the elevation of the ground (Source: La Quinta MEA, 1992; EA 98-110). The proposed Tract/Site development Permit will not have any significant effects from subsidence hazards if the recommendations of the geotechnical engineering report are implemented. H. Would the project result in or expose people to potential impacts involving expansive soils? No Impact. The underlying soils of the site have a low potential for expansion, thus future construction is not expected to be subject to problems from soil expansion. The soil types identified within the project site include fine grained windblown sands, silty sands, and sandy silts. The City requires compliance with the Uniform Building Code and the recommendations of a soils investigation report prior to issuance of building and grading permits (Sources: U.S.D.A. Soil Conservation Service Soil Survey of Riverside County, California - Coachella Valley Area; Earth Systems Consultants, July 1998; EA 98-110). Mitigation consists of implementing the recommendations of the projects' geotechnical engineering report for this issue. I. Would the project result in or expose people to potential impacts involving . unique geologic or physical features? No Impact. The Coral Reef Mountains and Santa Rosa Mountains represent unique geologic features in the La Quinta area. These unique features are located over 2 miles south/southwest and approximately one-half mile west of the project site and will not be impacted by the proposed subdivision (Source: 1992 La Quinta MEA; EA 98-110). No mitigation is required for this issue. 3.4 WATER Regional Environmental Setting Groundwater resources in the La Quinta area consist of a system of large aquifers (porous layers of rock material containing water) and groundwater basins separated by bedrock or layers of soil that trap or retain groundwater. La Quinta is located above the Coachella Valley Groundwater Basin which is the major water supply for the potable water needs of the City as well as a significant supply for the City's nonpotable irrigation needs. Water is pumped from the underground aquifer via domestic water wells in the City operated and administered by the Coachella Valley Water District (CVWD). La Quinta is located primarily in the lower Thermal Subarea of the groundwater basin. The Thermal Subarea is separated into the upper and lower valley sub -basins near Point Happy, located southwest of the intersection of Washington Street and State Highway 111. CVWD estimates that approximately 19.4 million acre feet of water is stored within the Thermal Subarea which is available for use. Water pumped from the aquifer is treated and distributed 021 PAEA98-369Aventinempd to users through the existing (potable) water distribution system. Water is also pumped for irrigation purposes to water golf courses and the remaining agricultural uses in the City. Water supplies are augmented with surface water from the Colorado River transported via the Coachella Canal. The quality of water in the La Quinta area is highly suitable for domestic purposes. However, chemicals associated with agricultural production in nearby areas and the use of septic tanks in the Cove area affect groundwater quality. Groundwater is of marginal to poor quality at depths of less than 200 feet. Below 200 feet, water quality is generally good and water depths of 400 to 600 feet are considered excellent. Percolation from the tributaries of the Whitewater River flowing into La Quinta from the Santa Rosa Mountains provide a natural source of groundwater replenishment. Artificial recharging of groundwater will be necessary in the near future (Source: CVWD). Surface water in La Quinta is comprised of Colorado River water supplied via the Coachella Canal and stored in the Lake Cahuilla reservoir; lakes in private developments which are comprised of canal water and/or untreated groundwater; and the Whitewater River and its tributaries. The watersheds in La Quinta are subject to intense storms of short duration which result in substantial runoff. The steep gradient of the Santa Rosa Mountains accelerates the runoff flowing in the intermittent streams that drain the mountain watersheds. La Quinta is protected from this runoff by the existing flood control facilities located throughout the City. One of the primary sources of surface water pollution is erosion and sedimentation from development construction and operation activities. Without controls, total dissolved solids (TDS) can increase significantly from the development activities. The Clean Water Act requires all communities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The National Pollutant Discharge Elimination System (NPDES) has been implemented as a two-part permitting process, for which the City of La Quinta participates. La Quinta is protected fi-om storm water runoff by a stormwater system designed by Bechtel for the Coachella Valley Water District to protect currently developed and potentially developable areas of the City from damage during a major rainflood event. The system project was based on a flood control plan for the general area developed by Bechtel Engineering for the Coachella Valley Water District, in 1970. Construction was completed in November 1986. Local Environmental Setting The project site does not have any natural standing water. Lake Cahuilla, a man-made reservoir is located approximately 5.25 miles to the south. The Whitewater River channel is located approximately one-half mile to the north of the project site, and is dry except during seasonal storms. The La Quinta Stormwater Channel is located approximately 1 mile to the east of the project site, and is a part of the community -wide network of flood control facilities. The City currently has only limited areas which are still subject to storm water flow or 8.37 flooding. Flood prone areas are designated with a specific zoning district (Watercourse, Watershed and Conservation Areas: W-1). The City also implements flood hazard regulations for development within flood prone areas (Source: 1992 La Quinta MEA). 022 PAEA98-369Aventinempd A. Would the project result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Potentially Significant Unless Mitigated. The proposed development will require some grading to level the project site. Once structures and on -site street improvements are constricted, there will be changes in the absorption rates and the rate and amount of surface runoff within the project. Storm drain improvements will be constructed to transport water runoff from the interior streets into the facilities located within Lake La Quinta, as designed by Tract 24230 (Source: EA 98-110). The outlet structure will include a facility to control nuisance water. Mitigation will consist of implementing the design of the subdivision pursuant to the requirements of the hydrology study prepared by Mainiero, Smith and Associates, Inc., for Tentative Tract 28982. Slight changes to the drainage plan were made on the south side of the project to accommodate the site plan design changes. B. Would the project result in exposure of people or property to water -related hazards such as flooding? Less Than Significant Impact. The subdivision area is partially within the FEMA Flood Hazard Zone C. The project does have offsite drainage entering the project from the perimeter streets. The area is protected from regional stormwater flows by a system of channels and dikes, and may be considered safe form regional stormwater flows except in rare instances (Source: FEMA Flood Hazard Map). C. Would the project result in discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? No Impact. There are no existing natural bodies of surface water on or adjacent to the project site (Source: Aerial photographs; EA 98-110). The proposed project will not have any effect upon surface waters. Runoff from the project site is required to be directed into the retention system already in place south of the project site (Source: Tract 24230; EA 98-110). Oil/water separators will be required on subsurface storm drain lines exiting the south end of the project site to prevent migration of debris and pollutants to the Lake La Quinta development. D. Would the project result in changes in the amount of surface water in any water body? No Impact. There are no bodies of water on or immediately adjacent to the project site. The Lake La Quinta development does have a man-made lake within its boundaries. There are no impacts identified for this issue, and no mitigation is required. E. Would the project result in changes in currents, or the course or direction of water movements? 638 No Impact. The proposed project will not have any effect upon currents or water movements, as the project site is a dry desert parcel (Source: Site visit; EA 98-110). There are no impacts 023 PAEA98-369 A ventinempd identified for this issue. F. Would the project result in changes in quantity of ground waters, either through direct additions or withdrawal, or through interception of an aquifer by cuts or by excavations? Less Than Significant Impact. The impact of the proposed project on the existing domestic water service will have a cumulative effect upon the subsurface water resources available. The Coachella Valley Water District has submitted a comment letter, dated October 1, 1998, stating they can serve the project. Another water well is located south of the project site, near the intersection of 48t" Avenue and Adams Street (Source: 1992 La Quinta MEA; EA 98-110). G. Would the project result in altered direction or rate of flow of groundwater? Less Than Significant Impact. The depth of local groundwater has been relatively stable since water has been imported from the Colorado River, with the level ranging from 60 to 90 feet below the surface. The District has indicated they can serve the development (Source: CVWD, October 1, 1998; EA 98-110). H. Would the project result in impacts to groundwater quality? Less Than Significant Impact. Development of the subdivision will include concrete and asphalt pavement of portions of the site, and landscaping areas. This pavement will reduce the absorption ability of the ground. Storm water runoff will be discharged into on -site basins and pipes. Following a heavy rain, contaminates could be transported into the basins that could contribute to groundwater and/or surface water pollution. The use of Best Management Practices as defined by the Regional Water Quality Control Board- Region 7 Colorado River Basin in the application of chemicals, solvents, cleansers, oils, etc. is the only practical mitigation identified. A condition of approval has been recommended by staff for the applicant to install and maintain oil/water separator on subsurface storm drain lines exiting the south end of the property. The separator would ensure free flow of storm runoff and prevent ►nigration of debris and pollutants to the Lake La Quinta development. Information obtained from Bruce Kassler, of Mainiero, Smith and Associates, indicates that the existing water well located to the north of the project site was shut down 5 years ago by the water district due to high nitrate levels, pending an investigation of the well by the water district. The investigation has not been completed (Source: Bruce Kassler, Mainiero, Smith & Associates, Personal Communication, September 25, 1998). I. Would the project result in substantial reduction in the amount of groundwater otherwise available for public water supplies? Less Than Significant Impact. The proposed development will result in a cumulative use of water resources available for public consumption (Source: EA 98-110). - 639 PAEA98-369Aventinempd 024 3.5 AIR QUALITY Regional Environmental Setting The Coachella Valley is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD), and in particular, the Southeast Desert Air Basin (SEDAB) division. SEDAB has a distinctly different air pollution problem than the South Coast Air Basin (SCAB). n discussion of the jurisdictional organization of SCAQMD and requirements is found in the La Quinta MEA. The air quality in Southern California region has historically been poor due to the topography, climatological influences, and urbanization. State and federal clean air standards established by the Cali fornia Air Resources Board and the U. S. Environmental Protection Agency (EPA) are often exceeded. The SCAQMD is a regional agency charged with the regulation of pollutant emissions and the maintenance of local air quality standards. The SCAQMD samples air at over 32 monitoring station in and around the Basin. According to the 1989 South Coast Air Quality Management Plan, SEDAB experiences poor air quality, but of a lesser extent than the SCAB. Currently, the SEDAB does not meet federal standards for ozone, carbon monoxide, or particulate matter (PM-10). In the Coachella Valley, the standard for PM-10 is frequently exceeded. PM-10 is a particulate matter 10 microns or less in diameter that becomes suspended in the air due to winds, grading activity, and by vehicles traveling on unpaved roads, among other causes. Local Environmental Setting The City of La Quinta is located in the Coachella Valley, which has an and climate, characterized by hot summers, mild winters, infrequent and low annual rainfall, and low humidity. Variations in rainfall, temperatures, and localized winds occur throughout the valley due to the presence of the surrounding mountains. Air quality conditions are closely tied to the prevailing winds of the region. The City o f La Quinta is subject to the SCAQMD AQMD, a plan which describes measures to bring the SCAB into compliance with federal and state air quality standards and to meet California Clean Air Act requirements. The General Plan for the City contains an Air Quality Element outlining mitigation measures as required by the Regional AQMP. La Quinta is located within Source Receptor Area (SRA) 30, which includes two air quality monitoring stations, one located in the City of Palm Springs, and the other in the City of Indio. The Indio station monitors conditions which are most representative of the La Quinta area. The station has been collecting data for ozone and particulates since 1983. The Palm Springs station monitors carbon monoxide in addition to ozone and particulate and has been in operation since 1985. A. Would the project violate any air standard or contribute to an existing or projected air quality violation? 640 P:AEA98-309Aventinempci 025 Less Thar► Significant 1 mpact. The proposed development will contribute cumulatively to air quality impacts. However, the threshold for significant impacts from a condominium residential development is 286 units, and from an apartment development is 259 units. The proposed development will have 160 units, therefore, there will not be a significant impact (Source: AQMD Draft CEQA Air Quality Handbook, 1992; EA 98-110). Grading o C the project areas will cause temporary adverse impacts on the air quality due to blowing dust and sand, but will be addressed as part of the City's review and approval of a dust control plan, per the City's PM-10 Ordinance. B. Would the project expose sensitive receptors to pollutants? Less Than Significant Impact. The proposed subdivision would result in new multiple family multi -family residential buildings in an area with existing and planned residential developincnt. Residential units are sensitive receptors. The addition of new residential units will contribute cumulatively to the air quality impacts in the City. There are no anticipated significant adverse impacts identified with the proposed subdivision (Source: AQMD CEQA Handbook; EA 98-110). No mitigation is required for this issue. C. Would the project alter air movements, moisture, temperature, or cause any change in climate? Less Than Significant Impact. Moisture content may increase as landscape areas are planted and irrigated. There are no significant climatic changes anticipated with the proposed development (Source: EA 98-110). No mitigation is required for this issue. D. Would the project create objectionable odors? No Impact. The proposed development will not result in a land use that might create objectionable odors, such as waste hauling or chemical products. Vehicles traveling on nearby and internal project streets generate gaseous and particular emissions that may be noticeable on the project site. However, these would be short-term odors that should dissipate quickly. No mitigation is required for this issue. 3.6 TRANSPORTATION/CIRCULATION Regional Environmental Setting La Quinta is a desert community of over 20,444 residents. The City is 31.18 square miles in size, with substantial room for development. The existing circulation system is a combination of early road work constructed in the 1930's by Riverside County and new roadways since incorporation of the City in 1982. Key roadways include State Highway 111, Washington Street, Jcflerson Street, Fred Waring Drive, and Eisenhower Drive. Traffic volumes in La Quirita experience considerable seasonal variation, with the late -winter, 641 P:AEA98-369 A ventine.wpd 026 early spring months representing the peak tourist season and highest traffic volumes. Existing transit service in La Quinta is limited to three regional fixed -route bus routes operated by SunLine Transit Agency. One bus route along Washington Street connects the Cove and Village areas with the community of Palm Desert to the west. Two lines operate along Highway 111 serving trips between La Quinta and other communities in the desert. There arc only a few existing pedestrian, bicycle and equestrian facilities in La Quinta, however, t hese systems will be expanded as the City grows. These facilities, both existing and future, arc designated in the La Quinta General Plan. Local En►-ironinental Scatting The intersection of 47"' Avenue and Adams Street is currently controlled by a stop sign on 47"' Avenue. 47' Avenue is a local roadway with a 60-foot right of way. Adams Street is designated as a collector street with a 64 to 72-foot right of way. The La Quinta General Plan gives design standards for the various street classifications. Buildout traffic capacity for 47t" Avenue is projected at 4,000 daily trips. Adams Street buildout is projected, south of Highway 111, at 14,000 trips. A detailed explanation of buildout traffic conditions and levels of service is found in the La Quinta General Plan (Source: La Quinta MEA, 1992). A. Would the project result in increased vehicle trips or traffic congestion? Less Than Significant Impact. The proposed development is anticipated to generate approximately 6 to 10 average daily trips per unit, for a range of 960 to 1,600 average trips per day. Street improvements to 47"' Avenue exist. The additional trips are not anticipated to be signi licant, but rather cumulative to the -community (Source: TTM 28982; EA 98-110). B. Would the project result in hazards to safety from design features (e.g. sharp cti rues or dangerous intersections) or incompatible uses (e.g. farm equipment)? No Impact. There are no identified hazards from design features in proposed circulation system. The internal roadways will be private. Automobile and motorcycle traffic are the only types of vehicles that typically use private residential streets, with the exception of delivery trucks. There will be incremental vehicle trips and miles traveled, resulting in a correlated increase in traffic hazards. Road and Signal improvements, alternative means of transportation will resolve this impact to an acceptable level (Source: EA 98-110). C. Would the project result in inadequate emergency access to nearby uses? No Impact. The project would not be permitted to obstruct emergency access to surrounding land uses. An emergency access is proposed for the project near the northwest corner of the development, that would provide access on to 47" Avenue (Source: EA 98-110; TTM 28982). 64.2 No additional emergency accesses are required for this project. D. Would the project result in insufficient parking capacity on -site or off -site? 027 P:AEA98-301);\ ventine.wpd Less Than Significant I mpact. Parking will be required for each multi -family unit, which Will consist of a garages. covered parking, and open parking spaces. The applicant proposes 2 spaces per unit. The Platming Commission will review the developer's request to reduce the number o l' parking spaces from 355 required by the Zoning code, to 325. No on -street parking will be allowed on the private internal roadways as the roadway widths are too narrow to accommodate this. E. Would the project result in hazards or barriers for pedestrian or bicyclists? No Impact. Designated bike paths exist on Adams Street and 47t" Avenue. It is anticipated that hazards to bicyclists and pedestrians will not be increased significantly as a result of the proposed development because a 6-foot wide sidewalk exists on the south side of 47"' Avenue and west side of Adams Street for the length of the project boundaries (Source: 1992 La Quinta General Plan; TT 28982). F. Would the project result in conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? No Impact. There are no proposed bus turn -outs as the SunLine Transit Agency bus system does not have a route near the subdivision, the closest route is along Washington Street, approxim�itely % mile Nrest of the project. However, there will be a bus turn -out installed at Highway 111 and Adams Street in conjunction with the auto mall project that has been approved. The City has not received a letter from SunLine Transit, requesting bus facilities on 47"' Avcrtue or Adams Street, as of November 2, 1998. No mitigation is required for this issue. G. Would the project result in rail, waterborne or air traffic impacts? No Impacts. There is no rail service in the City of La Quinta. The closest rail line is approximately six miles to the north of the project site. There are no navigable rivers or waterways.. or air travel lanes or airports within the City. Thus, there will be no impacts upon these issues. The closest airports are the Bermuda Dunes Airport, a small private facility located _j List south of Interstate 10, approximately six miles north of the project site and the Desert Resorts Regional (Thermal) Airport, located approximately 7.5 miles southeast of the project, on Airport Boulevard in the Thermal area of Riverside County (Sources: La Quinta MEA; USGS La Quinta 7.5' Quad Map; Site Survey). The proposed development will not impact this issue. 3.7 BIOLOGICAI, RESOURCES Regional Ent ronmental Setting 643 t P:AEA98-369A ventinempd The City of -La Quinta lies within the Colorado Desert regional environment. Two ecosystems are found within the City, the Sonoran Desert Scrub and the Desert Transition. The disturbed environments within the City are classified as either urban or agricultural. A detailed discussion of these ecosystems is found in the La Quinta Master Environmental Assessment (1992). Local En 14roninental Setting The project site is located in the Sonoran Desert Scrub ecosystem. The Sonoran Desert Scrub is the most typical environment found in the Coachella Valley desert floor. It is generally categorized as containing plants which have the ability to economize water use, go dormant during periods of drought, or both. The variations of desert vegetation result from differences in the avai lability of water. The most dense and lush vegetation in the desert is found where groundwater is most plentiful. Typically, undeveloped land within these ecosystems is rich in biological resources and habitat. The Sonoran Scrub areas are considered habitat for a number of small mammals. These animals escape the summer heat through their nocturnal and/or burrowing tendencies. Squirrels, mice and rats are all common rodent species in this environment. The black -tailed hare is a typical mammal. Predator species include kit fox, coyote, and mountain lion in the higher elevations. Birds and amphibians/reptiles can also be found in the Sonoran Scrub area. A. Would the project result in impacts to'endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Potentially Significant Unless Mitigated. The La Quinta General Plan identifies the property as being within the habitat of the Fringe -toed Lizard (Sources: La Quinta MEA; EA 98-110). The project site is also within the Coachella Valley Fringe -Toed Lizard Habitat Conservation Habitat Development Fee area, which serves as mitigation for habitat destruction. Payment of this fee was made on November 16, 1989, in conjunction with grading of Tract 24230. Staff transmitted a copy of the proposed tentative tract to the California State Department of Fish and Game and the U. S. Fish and Wildlife Service on September 11, 1998, and has not received any response at the time of this writing. B. Would the project result in impacts to locally designated species (e.g. heritage trees)? No Impact. There are no locally designated biological resources within the City of La Quinta. All significant biological resources are designated by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. No response has been received from these agencies regarding this project (Source: La Quinta MEA). C. Would the project result in impacts to locally designated natural communities 644 (e.g. oak forest, coastal habitat, etc.)? No Impact. The City of La Quinta does not have locally designated natural communities. P:AEA98-369Aventine.wpd 029 (Source: La Quinta MEA). D. Would the project result in impacts to wetland habitat (e.g. marsh, riparian, and vernal pool)? No Impact. There are no known natural wetlands, marshes, riparian communities, or vernal pools on the project site or nearby (Source: Site Visit). E. Would the project result in impacts to wildlife dispersal or migration corridors? No Impact. The project site is not located in or nearby any wildlife dispersal or migration corridors. There are no designated corridors in the City's General Plan (Source: La Quinta MEA; Site Survey). 3.8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both areas of insignificant and significant Mineral Aggregate Resource Areas (SMARA), as designated by the State Department of Conservation. There are no known oil resources in the City. Major energy resources used in La Quinta come from the Imperial Irrigation District (IID), Southern California Gas Company, and various gasoline compan i cs. Local Environmental Setting There are no oil wells oi- other fuel or energy producing facilities or resources on or near the project site. While the project site is undeveloped, there is no significant resource to be mined, such as rock or gravel. The project site is located within MRZ-1. The MRZ-1 designation is applied to those areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence (Source: La Quinta MEA; Site Survey). A. Would the project conflict with adopted energy conservation plans? No Impact. The City o f La Quinta does not have an adopted energy plan, however, there are goals, objectives, and policies in the General Plan pertaining to conservation of prime soil and mineral resource areas, and energy efficiency. Objective 6-5.1 states, "Where feasible, the City shal I conserve prime soil and mineral resources through a variety of alternative means". Policies 6-5.1.1 encourages that areas historically utilized as agricultural production remain as open space as long as possible. Policy 6-5.1.2 states that Mineral Resource Areas shall be reserved for mineral extraction activities, after which be reclaimed to a similar natural condition. Policy 6-5.1.3 states that the loss of soils through erosion shall be minimized through conservation O F native vegetation, use of permeable ground materials and careful regulation of grading practices. Goal 6-6 states that public and private sector development projects which demonstrate that the best available technologies of energy efficiency and 645 P:AEA98-369Aventinempd 030 energy conservation tecluliques. Objective 6-6.1 states the City shall encourage that the best available technologies of energy efficiency and energy conservation techniques are incorporated into both public and private sector development projects. Policies 6-6.1.1, 6- 6.1.2, 6-6.1.3, and 6-6.1.4 provide a variety of methods to achieve the stated goal. The project site has no identifiable mineral resources, thus, no mitigation is required. B. Would the project use non-renewable resources in a wasteful and inefficient manner? Less Than Significant Impact. Natural resources that may be used by this development include air, mineral, water, sand and gravel, timber, energy, and other resources. State of California Title 24 requirements shall be complied with for energy conservation prior to building pen -nit issuance. Any landscaping will also be required to comply with the City's landscape water conservation ordinance as well as the requirements of the Coachella Valley Water District (Source: La Quinta MEA; Water Conservation Ordinance; Coachella Valley Water District; EA 98-110). 3.9 I IAZARDS Regional Environmental Setting Recent growth pressure lias dramatically increased the City's exposure to hazardous materials. Such exposure to toxic materials can occur through the air, in drinking water, in food, in drugs and cosmetics, and in the work place. Although large scale, hazardous waste generating employment is not yet present in the City of La Quinta, the existence of chemicals utilized in dry cleaning operations, agricultural operations, restaurant kitchen cleaning, landscape irrigation and exposure to large scale electrical facilities may pose significant threats to various sectors of the population. Currently, there are no hazardous disposal waste sites located in Riverside County, although transportation of such material out of, and around, La Quinta takes place on Interstate 10. Local Environmental Setting In order to comply with AB 2948-Hazardous Waste Management Plans and Facility Siting Procedu,-es, the City of La Quinta adopted Ordinance 184 consisting of a Hazardous Waste Management Plan. The project area has not been used for any type of manufacturing or industry, other than perhaps agriculture, and there has not been any known dumping of hazardous substances on the property (Sources: Aerial Photos). A. Would the project involve a risk of accidental explosion or release of hazardous substances (including not limited to oil, pesticides, chemical, or radiation)? No Impact. There is a minimal risk of exposure from swimming pool chemicals and pesticides that may be used for grounds maintenance and by residents of the multi -family units within the development. No storage tanks of any kind are being proposed for the 646 P:AEA98-3(,9Aventine.wpd 031 development. No other risks are anticipated by the development (Source: TT 28982; EA 98- 110). B. Would the project involve possible interference with an emergency response plan or emergency evacuation plan? No Impact. Construction activities will be confined to the development boundaries, except for adjacent off -site work- as is necessary for road improvements, etc. These activities will not be permitted to interfere with emergency responses to the site or surrounding areas nor will it obstruct emergency evacuation of the area. Needed measures to divert and control traffic shall be implemented whenever required. Emergency access will be required for the project to meet the requirements of the Fire Department. C. Would the project involve the creation of any health hazard or potential health hazards? No Impact. There are no anticipated health hazards associated with proposed multi -family development (Source: EA 98-110). D. Would the project involve exposure of people to existing sources of potential health hazards? No Impact. There arc no identifiable health hazards associated with the proposed multi- family residential development (EA 98-110). E. Would the proposal involve increased fire hazard in areas with flammable brush, grass, or trees? No Impact. The proposed multi -family residential development will not have any effect upon fire hazard issues, as the project is not in an area with significant natural fire hazards (Source: EA 98-110). 3.10 NOISE Regional Environmental Setting Noise levels in the City are created by a variety of sources within and outside the City boundaries. The major sources of noise include vehicles on City streets and Highway 111, and temporary construction noise. The ambient noise levels are dominated by vehicular noise along the State Highway 111 and major or primary arterial roadways. Local Environmental Setting The ambient noise level at the project site is dominated by vehicle traffic noise from 47`" 647 PAEA98-369Aventine.wpd 032 Avenue and Adams Street. Residential areas are considered noise -sensitive land uses, especially during the nighttime hours. The State Building Code and La Quinta General Plan requires that the interior noise level in buildings do not exceed CNEL 45. The General Plan of the City of La Quinta requires that exterior and outdoor living areas noise levels do not exceed CNEL 60. A. Would the project result in increases in existing noise levels? Potentially Significant Unless Mitigated. A noise study prepared for the multi -family residential development by Mestre Greve Associates, assessed the potential effects of projected ultimate traffic volumes on the project's proposed residential units adjacent to 471h Avenue and Adams Street. In summary, noise barriers are required for a number of exterior living areas along 47"' Avenue and Adams Street. In order to meet the City's 60 CNEL exterior noise standard, a noise barrier 5-feet high will be required along 47"' Avenue. The barrier may consist of a wall, a berm, or a combination of the two, as long as there is a surface density of at least 3.5 pounds per square foot, and no openings or gaps. The applicant proposes a combination of masonry wall and berm to ensure a minimum of 6-feet in wall height measured from the project's multi -family unit pad elevations to meet this requirement for mitigation (Source: Mestre Greve, September 8, 1998). There is an existing masonry wall along Adams Street, which meets the noise mitigation requirements for the interior living areas of residential buildings closest to Adams Street. A number of balconies in the project will need noise barriers to meet the exterior noise standard. The Noise Study lists the required second floor noise barrier locations and heights to meet the 60 CNEL exterior noise standard. The noise barrier heights are relative to the balcony floor (Source: Mestre Greve, September 8, 1998). With the exterior noise mitigation measures specified in the Noise Study, the interior noise levels are projected to meet the 45 CNEL interior noise standard without building upgrades (Source: Mestre Greve, September 8, 1998). B. Would the project result in exposure of people to severe noise levels? Less Than Significant Impact. The proposed development will result in short-term impacts associated with construction activities. During construction, heavy machinery will be capable of generating periodic peak noise levels ranging from 70 to 95 dBA at a distance of 50 feet from the source. These high noise levels are short in duration and temporary with the construction phases of the project. Such high noise levels are not anticipated nor permitted after construction, or during the "operation" of the development (Source: La Quinta General Plan). Construction noise is regulated by Chapter 6.08.050 of the Municipal Code, and serves as mitigation for this project. 3.11 PUBLIC SERVICES Regional Environmental Setting • W P:AEA98-369Aventine.wpd 033 Law enforcement services are provided to the City through a contract with the Riverside County Sheriff's Department. The Sheriff's Department extends service to the City from exist]n facilities located in the City of Indio. There is a small substation located within City Civic Center. The Department utilizes a planning standard of 1.5 deputies per 1,000 population to forecast additional public safety personnel requirements in La Quinta at bulldoLit. Based on this standard, the City should have a police force of 25.5 officers, but is currently underserved. Currently, there are three officers per shift with three staggered shifts per day to serve La Quinta. In addition to patrol, there is also a target team, Community Services Officer, and School Resources Officer assigned to the City (Source: 101-301 Police Services Supporting Information). Fire protection service is provided to the City by Riverside County Fire Department through a contractual arrangement. The Fire Department administers two stations in the City; Station #32 on Frances Hack Lane, west of Washington Street, and Station #70, at the intersection of Madison Street and Avenue 54. The Fire Department is also responsible for building and business inspections, plan review, and construction inspections. Based upon a planning standard of one paid firefighter per 1,000 population, the City is currently underserved (Source: La Quinta MEA). Currently, there are two paid firefighters per shift at each of the two f re stations in La Quinta. Volunteers supplement the paid staff (Source: La Quinta Building & Safety Department). Structural fires and fires from other man-made features are the most significant fire threats to the City. Hillside and brush fires are minimal as the hillside areas are virtually barren and the scattered brush on the valley floor is too sparse to pose a serious fire threat. Both the Desert Sands Unified School District and the Coachella Valley Unified School District serve the City. There are two elementary schools, one middle school, and one high school within the City. Additional public schools are being planned for construction by the State o f California. The City is also within the College of the Desert Community College District (Source: La Quinta MEA, 1992). Library services are provided by the Riverside County Library System with a branch library located in the Village area of the City. The existing facility opened in 1988 and unadopted planning standards of 0.5 square feet per capita and 1.2 volumes per capita to forecast future facility requirements to serve the City. Utilizing this 1992 standard, the City was underserved in space but overserved in terms of volumes (Source: La Quinta MEA). Health care services are provided in the City through JFK Memorial Hospital in Indio, and the Eisenhower Immediate Care Facility in the 111 Center Shopping Center. The Eisenhower Medical Center is located in Rancho Mirage. The Riverside County Health Department administers a variety of health programs for area residents and is located in Indio. Paramedic service is provided to the City by Springs Ambulance Service (Source: La Quinta MEA, 1992). P:AEA98-369Aventine.wpd 034 34 Local Environmental Setting The proposed subdivision is roughly between two City fire stations, one located on Frances Hack Lane, near Avenida Bermudas, and the second station at the corner of 54`h Avenue and Madison Street. Governmental services in La Quinta are provided by City staff at the Civic Center, and by other County, state, and federal agency offices located in the desert area or region. The project site wi 11 be serviced by the Desert Sand Unified School District. A. Would the project have an effect upon, or result in the need for new or altered governmental services in relation to fire protection? Less Than Significant Impact. A response to the proposed multi -family residential development was received from the Fire Marshal on September 22, 1998, and are on file in the Community Development Department. The proposed development will cumulatively increase the need for fire protection services, however, this increase is not anticipated to be significant with the implementation of the fire protection measures stated in the above referenced letter. Conditions to mitigate the project are proposed. No significant impacts were identified with this issue in EA 98-110. B. Would the project have an effect upon, or result in the need for new or altered government services in relation to police protection? Less Than Significant Impact. The Riverside County Sheriff's Department responded on September 18, 1998, that they have no negative comments regarding the multi -family residential development. There will be cumulative impacts on police protection services to the community with the addition of 160 new multi -family residential units. No significant impacts were identified with this issue in EA 98-110. No mitigation is required for this issue. C. Would the project have an effect upon, or result in a need for new or altered government services in relation to school services? Potentially Significant Unless Mitigated. A comment letter, dated September 17, 1998, was received from the Desert Sands Unified School District. The letter indicates that there will be a potential impact on the school system. Mitigation for this impact is the payment of the state mandated school impact fee at the time of issuance of building permits (Source: EA 98-110). D. OVould the project have an effect upon, or result in a need for new or altered government services in relation to the maintenance of public facilities, including roads? Less "Phan Significant Impact. Development of the proposed multi -family residential project will result in the incremental increase in maintenance of public facilities especially local roads due to the increase in traffic (Source: EA 98-110). To mitigate this impact, the 649 035 PAEA9�-369Aventine.wpd applicant shall pay infrastructure fees in accordance with the City's adopted program in effect at the time of issuance of building permits for regional City improvements. E. Would the project have an effect upon, or result in a need for new or altered government services in relation to other governmental services? Less Tban Significant Impact. Development of the proposed multi -family residential project wi11 result in an incremental increase in the demand for other governmental services (Source: EA 98-110). Building and engineering plan checking and inspections, and planning review needed for the project will be partially offset by application, permit and inspection fees charged to the applicant and contractors. 3.12 UTILITIES Regional Environmental Services The City of La Quinta is served by the Imperial Irrigation District (IID) for electrical power supply and The Gas Company (TGC) for natural gas service. Existing power and gas lines and substations are found throughout the City. IID has four substations in La Quinta, with electricity generated by a steam plant in El Centro and hydroelectric power generated by the All American Canal. General Telephone Exchange (GTE) provides telephone services for the City. Media One serves the area for cable television service. The Coachella Valley Water District (CVWD) provides water and sewer service to the City. CVWD obtains its water from underground aquifers and from the Colorado River. CVWD operates a water system with potable water pumped from domestic water wells in the City. The wells range in depth from 500 to 900 feet. Potable water is stored in five reservoirs located i n the City. The Cl tv's stormwater drainage system is administered by the CVWD, which maintains and operates a comprehensive system to collect and transport flows through the City. The City is served by Waste Management of the Desert for solid waste disposal. Nonhazardous, mixed municipal solid waste is taken to three landfills within the Coachella Valley. Local Environmental Setting The site is adjacent to vacant areas on the north and east. There are existing electrical overhead lines, along Adams Street. A. Would the project result in a need for new systems, or substantial alterations to power and gas service? Less Tliau Significant Impact. Electricity for the subdivision is provided by Imperial Irrigation District (IID) (Source: EA 98-110). The system was expanded in the mid-1980's to provide adequate service to the existing and anticipated development within La Quinta. There �Je© will be cumulative impacts upon electrical services by the proposed project. The cumulative P:AEA9�-3G9Aventine. wpd 036 impact o f projects of this size increase the electrical demand on the IID's existing facilities at pe ik loading periods, and result in the need for additional generation, transmission, substation, and distribution facilities. The applicant will be required to coordinate the electrical engineering for the project with IID, prior to on -site construction (Source: III) letter, December 8, 1998). B. Would the project result in a need for new systems, or substantial alteration to communication systems? Less Than Significant Impact. With development will result in an incremental need for additional communication systems for telephone and television cable services (Source: Ea 98- 110). The applicant will have to coordinate with the providers of these services, prior to on - site construction. C. Would the project result in a need for new systems, or substantial alterations to local or regional water treatment or distribution facilities? Less "Phan Significant Impact. The proposed development is anticipated to result in cumulative impacts upon the water treatment and distribution facilities (Source: EA 98-110). The Coachella Valley Water District submitted a comment letter on the project that indicates that the district will furnish domestic water and sanitation service to the area in accordance with the current regulations. The regulations provide for the payment of certain fees and charges by the developer. The applicant will have to coordinate with CVWD for any additional facilities needed for continued development as mitigation for this issue pursuant to their letter of October 1, 1998. D. Would the project result in a need for new systems, or substantial alterations. to sewer services or septic tanks? Less Than Significant Impact. The CVWD comment letter, dated October 1, 1998, indicates that they will provide the proposed development with sanitation services. The applicant will have to coordinate with, and meet any requirements of, CVWD for sewer facilities (Source: EA 98-110). E. Would the project result in a need for new systems, or substantial alteration to storm water drainage? Less 'Phan Significant Impact. The proposed multi -family residential development has been designed to allow storm water drainage to flow into the existing stormwater facilities located within L al:c La Quinta. An update of the hydrology report prepared in 1989 for the Lake La Quinta development was prepared for the proposed multi -family residential development (Source LA 98-110). The new report states that the preliminary grading plan for the project is consistent with the original Hydrology Report, however, slight changes to the drainage plan were made on the south side of the project to accommodate the site plan design changes. 6 J 1 Finished grade elevations along the south side of the development have been lowered by 1 approximately one foot (Source: Mainiero, Smith and Associates, Inc., August 27, 1998). The CVWD comment letter, dated October 1, 1998, does not indicate that there are required alterations, or a need for new systems, to the existing storm water drain system in the vicinity 037 of the p m l cct site. P:AEA95-369Aventinempd F. Would the project result in a need for new systems, or substantial alteration to solid waste disposal? Less 'Phan Significant Impact. The proposed multi -family residential development will require incremental increases in solid waste disposal services from Waste Management of the Desert, the current purveyor of solid waste collection, as new residential units will be added to the City (Source: EA 98-110; TTM 28982). No comment has been received regarding this project, as of October 28, 1998, from Waste Management. G. VN'ould the project result in a need for new systems, or substantial alteration to local or regional water supplies? Less 'fli:in Significant Impact. The proposed multi -family residential development will be served by existing domestic water wells and supplies. The project will have a cumulative impact on the local and regional water supplies, but not a significant effect. CVWD has submitted a "will -serve" letter for this project, dated October 1, 1998. 3.13 AESTHETICS Regional Environmental Setting The City of La Quinta is partially located within a desert valley cove. There are hillsides to the west and south of the City. Views of the desert and surrounding mountains are visible on clear days throughout most of the City. Local Environmental Setting The prof cct site is located in a residential zoned area in the north -central portion of the City. Views from the project site consist of the Santa Rosa and Coral Reef Mountains to the south and southwest, and the open valley floor to the north and east and north. Point Happy, a prominent geological point, is located approximately one mile to the northeast (Source: Site Survcy; La Quinta MEA). A. `,Vould the project affect a scenic vista or scenic highway? Less Than Significant Impact. The project site is located within the Non -Native Vegetation Type as indicated on the La Quinta General Plan Master Environmental Assessment/ Environmental Impact Report Visual Assessment. This designation is defined as having a low sensitivity for visual impacts, having high screening and within urban land. There will be cumulative impacts as the proposed project will add more structures to the urban environment. B. Would the project have a demonstrable negative aesthetic effect? No Impact. The proposed development of the residential buildings, garage, administrative, 659. and recreation buildings will be required to comply with architectural and landscaping policies and ordinances of the High Density Residential (RH) Zoning District standards in 038 P:AEA9S-361)f\ventine.wpd effect at the time of development. The maximum structure height allowed in the RH Zoning District is 40- feet. The proposed residential structures will be 30-feet 10-inches, with 4:12 roof pi tclies. The height of the stand-alone garage structures is anticipated to be between 12- and 14-I'Cct. The height of the proposed administration and recreation building is anticipated to be 22-1cct. The height of all proposed buildings is lower than the 40-foot height maximum allowed by the RH Zoning District Development Standards. The proposed multi -family residential buildings are proposed to be one and two story in height, and the development surrounded by perimeter walls to provide visual distance and screening. There is an additional requirement for a 150-foot setback for two-story structures along Adams Street, per the Zoning Code. Development of the proposed project will result in incremental increases in buildings and landscaping, all subject to review and approval by the City to ensure a pleasing design and compatibility with the styles of desert architecture and landscaping found in La Quinta. A proposed 5-foot masonry block wall to be constructed along the south property lines will serve to physically and visually separate the proposed multi -family residential units from the Lake La Quinta development and other adjacent properties. City staff is recommending a condition of approval that would require the wall to be 6-feet in height, as measured from the project side of the wall. There i s in existing oleander hedge adjacent to the southern property line on the Lake La Quinta side of Dulce Del Mar roadway, that will remain. The hedge is approximately 14-feet tall. Tic proposed landscaping along the western and southern property line will include 10 types o t 24" to 48" box sizes of trees, all of which will be mature upon planting. The trees will be taller than the proposed 5- or 6-foot wall. The trees will provide an added measure of visual screening. Trees proposed within the parking lot areas will be 24-inch box size upon planting. Of the ei]it multi -family residential units proposed along the west boundary of the project, six o f t h c units have been designed so as not to have second story windows or balconies facin west, and will be setback 90 feet from the west property line. This proposed orientation will assist in preserving the visual privacy of the single family homes located west of the project. The two story multi -family residential units located along the southern project boundary are designed with a setback of 75-feet from the southern property line. In addition, Dulce del Mar further separates for a total distance of 150 feet between the multi -family units and the single family units. In summary, there are no balconies or windows oriented to the west or south that would i i ,'ade the privacy of residents in the single family homes. The setlrick requirements for the project provide distance from the existing low density develol)nient in Lake La Quinta. The required RH Zoning District setbacks for the project are 20-Icct along 47"' Avenue, 20-feet along the southern boundary (Dulce Del Mar), 10-feet along tlic west property line, and 15-feet along the east property line. The proposed project 653 is in compliance with these setback standards. The proposed multi -family residential project is not anticipated to have a significant adverse impact to this issue, but rather a cumulative impact as more structures are added to the urban 039 P:AEA9S-,',,),)Aventinempci area as part of the normal, planned development of the community. No significant adverse visual or aesthetic impacts are anticipated for this issue. C. Would the project create light or glare? Potentially Significant Unless Mitigated. The proposed multi -family residential development will potentially create additional light and glare in the community (Source: EA 98-110).1Zesidential and accessory structures will include exterior security and landscaping lighting which will cumulatively contribute to the existing light and glare in the City. The applicant is proposing to use 50 watt high pressure sodium lamps in post -mounted fixtures with reflectors to eliminate spillover light and glare. Elimination of all spill -over light is required by the City's Lighting Ordinance. In addition, wall -mounted and ground -mounted fixtures 'u-c also proposed. All such lighting fixtures shall be required to comply with the lightiu�� requirements in Section 9.60.160 and other policies of the City, in order to reduce anticip-,ucd impacts. 3.14 CULTURAL RESOURCES Regional Environmental Setting A portion of the prehistory of the La Quinta area is known through the archaeological record gained from various archaeological investigations over the past twenty years and from extensive ethnographic information. A discussion of the prehistory and history of La Quinta is provided in the Draft Historic Context Statement of the City of La Quinta. Other discussions are found in the La Quinta General Plan and the Master Environmental Assessment. Local Environmental Setting The project site is located in the north -central portion of the City. There are numerous recorded archaeological sites within a one -mile radius of the project. A. 'Mould the project disturb paleontological resources? No hnl;,;, t. The project area is not within the Lakebed Paleontological area as indicated by the Paleontological Lakebed Determination Map in the Community Development Department. B. Would the project affect archaeological resources? Less Tlian Significant Impact. An archaeological and historical survey of the project site was completed by Bowles and Salpas, in 1979, for Tentative Tract 24230, and again by Bowles in 1981. The project parcel was included in these archaeological surveys. During these surveys, two archaeological sites (RIV-2195 and RIV-2196) were recorded. 6 5 4 Subscqu,2ntly, these site were reevaluated in 1989 by Daniel McCarthy, of the Archaeological Researci i Unit, at the University of California. RIV-2195 was recorded in a location that could be withi n the multi -family project boundaries. However, the site could not be relocated during the 1989 reevaluation effort. Subsequent to 1989, the parcel was graded, removing up to 12- feet of the natural topography and leaving a relatively flat area. In light of this substantial 040 P:AEA98- 09 Aventinempd grading activity, there is no anticipated impact to any remaining archaeological resources (Source: Grading Plan for TT 24230). C. Would the project affect historical resources? No Impact. There were no historic resources identified during the cultural resources survey of the ;)roject site. No mitigation is required for this issue. Grading activities will be monitored I -or archaeological resources, which will provide a mitigation contingency if any historic resources are exposed at that time. D. Would the project have the potential to cause a physical change which would aft'ect unique ethnic values? No Impact. There is no identifiable unique ethnic value to the proposed project area. E. Would the project restrict existing religious or sacred uses within the potential impact area? No Impact. There are no known current religious uses or sacred uses within the project boundaries or adjacent parcels. 3.15 Rh,CREATION Regional Environmental Setting The Cite of La Quinta has an adopted Parks and Recreation Master Plan that assesses the existing resources and facilities and the future needs of the City. The City has approximately 28.7 acres of developed parkland for Quimby Act purposes. The 845 acre regional Lake Cahuill:! Park is not included in this count. There are also unimproved bike and equestrian corridors within the City and designated pedestrian hiking trails. Local El, vironmental Setting The project site is a vacant desert parcel, with no designated or existing recreation facilities or opportunities. A. Would the project increase the demand for neighborhood or regional parks or other recreational facilities? Less Than Significant Impact. The increase in demand for park and recreation facilities resultin- in the need for dedication of parkland is estimated to be 3 acres per 1,000 in population. Based upon that State Department of Finance figure of 2.85 persons per houselioICI, the population of the multi -family residential development could be approximately 456 at hL i Idout, warranting the dedication of 1.36 acres of parkland to the City or payment 6 5 5 of in -lieu Ices. The design of the development wil l include a swimming pool, basketball court, arecre�!! iuii building, and other recreational amenities. Because no public parks are designated in the encral Plan for this site, this project will be required to submit payment of in -lieu parks anu recreation fees. 041 P:AEA98-? OQA ventinempd B. Would the project affect existing recreational opportunities? Less Tlian Significant Impact. The development will contribute additional users to existing recreation facilities located elsewhere within the City, resulting in a cumulative impact. Payment of the in -lieu fees will off -set these impacts by making funds available for construction of additional parks and other recreation facilities. Additionally, the project is designed \vith on -site recreation amenities, which will lessen the impact on off -site recreation facilities. SE_CT1 U N 4.-MANDAT9BY_FINDINGS OF SLGNMCANCE The proposed multi -family residential development will not have significant adverse impacts on the �nviroiunental issues addressed in the checklist and addendum, that can not be mitigate_ J to insignificant levels. The following findings can be made regarding the mandatory findimg� A'significance set forth in Section 15065 of the CEQA Guidelines and based on the results �& tliis environmental assessment: rile proposed Tentative Tract 28982, Tract Map 24230 Amendment #1, and Site Development Permit 98-631 will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. Tlie proposed Tentative Tract 28982, Tract Map 24230 Amendment #1, and Site Development Permit 98-631 will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation (,i, mitigation measures. 'i'lic proposed Tentative Tract 28982, Tract Map 24230 Amendment #I, and Site Development Permit 98-631 will not have impacts which are individually limited but cumulatively considerable when considering planned for proposed development in the immediate vicinity, and the implementation of mitigation iiieasures. i'lie proposed Tentative Tract 28982, Tract Map 24230 Amendment #1, and Site l), velopment permit 98-631 will not have environmental effects that will �,tt versely affect human, either directly or indirectly, with the implementation of ,Mitigation measures. SE_CTlON 5:EARLIERANALYSES A. Farlier Analysis Used. Utilized in the current analysis was the La Quinta Master Environi>>cntal Assessment (MEA), prepared in 1991, in conjunction with the 1992 General Plan Update and related EIR. B. i nmpacts Adequately Addressed. All potential impact/issue areas are considered to be adeq _: ii cly addressed with this environmental assessment. Certification of this EA by the G City Co,.ncil will confirm the adequacy of the environmental assessment. C. litigation Measures. A Mitigation Monitoring Plan is attached to this Envirom»cntal Assessment. The Conditions of Approval also contain many of the required 042 P:AEA98- ,(,,)A ventinempci mitigation measures. References Cited: EA 89-1 10 City of'! Quinta General Plan, 1992. City of ".a Quinta Master Environmental Assessment, 1992. City Of"[ A Quinta Gcneral Plan EIR, 1992. Tentati . � i'ract Map 28982 U.S. C�.::;i�us, 1990. La Qu i i a a Economic Overview, 1996. Geotecluiical Report for TTM 28982, Earth Systems Consultants, July, 1998. Riverside County Comprehensive General Plan. La Quinta USGS 7.5' Quad Map. U.S.D.A. Soil Conservation Service Soil Survey of Riverside County, California - Coachella ' :; I ley Area. Hydrolc,�.�_y Update for Tentative Tract 28982, La Quinta 160. Mainiero, Smith and ;associates, Inc., August 27, 1998. City of _A Quinta, Aerial photograplis. Bruce 1::;_slcr, Mainiero, Smith & Associates, Personal Communication, September 25, 1998. AQMD Draft CEQA Air Quality Handbook, May, 1992. City of I.a Quinta, Water Conservation Ordinance. Coachella Valley Water District letter, October 1, 1998. City of La Quinta, 101-301 Police Services Supporting Information. City of 1.'l Quinta Building & Safety Department. Riversk., County Sheriff's Department letter, September 8, 1998. Riversk. COLInty Fire Marshal letter, September 22, 1998. Desert :.,�,i is Unified School District letter, September 17, 1998. City of ; .,k Quinta Paleonotological Lakebed Determination Map. Noise :'\ . ; : i l ys l s for Tract 24230, City of La Quinta. Mestre Greve Associates, September 8, 11)9S, Report #98-183. Gradin - i' 1 an for Tract Map 2423 0. 657 13 U3 P:AEA98 ,, ')Aventinempd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 28982 TO ALLOW ONE CONDOMINIUM LOT FOR 160-UNITS ON 10.17 ACRES, LOCATED AT THE SOUTHWEST CORNER OF 47T" AVENUE AND ADAMS STREET CASE NO.: TENTATIVE TRACT MAP 28982 APPLICANT: MAINIERO, SMITH AND ASSOC., INC. FOR A. G. SPANOS CORP. WHEREAS, the City Council for the City of La Quinta, California, did on the 151h day of December, 1998, 161h day of February, 1999, 16th day of March, 1999, 20th day of April, 1999, 18' day of May, 1999, 20" day of July, 1999, and 71h day of September, 1999, hold duly noticed Public Hearings to review the request for a one lot (airspace) condominium subdivision for 160 units on 10.17 acres located at the southwest corner of 471h Avenue and Adams Street; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 24th day of November, 1998, and 261h day of January, 1999, hold duly noticed Public Hearings and recommended to the City Council approval of a one lot (airspace) condominium subdivision for 160 units on 10.17 acres located at the southwest corner of 471h Avenue and Adams Street, more particularly described as: Assessor's Parcel Number 643-090-014; Portion of SE 1 /4 of Section 30, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970", as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 98-369) and has determined that although the proposed project could have an adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures are made a part of the Conditions of Approval for Tentative Tract Map 28982, and a Mitigated Negative Declaration of Environmental Impact will be filed. 653 AAResoCCTTMSpanos.wpd (30) 044 Resolution 99- September 7, 1999 WHEREAS, at said Public Hearings, 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 justifying approval of said Tentative Tract Map 28982: A. The proposed map is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance. The property is designated High Density Residential (HDR) by the General Plan Land Use Element (Chapter 2.0) permitting attached single family projects of 12 to 16 units per acre pursuant to Policy 2-1.1.8. The proposed 160 unit multi -family development is consistent with the HDR requirements. Airspace condominium developments are allowed pursuant to Table 401 of the Zoning Ordinance. The RH District (High Density Residential) permits attached single family housing not exceeding three stories in height. Maximum two story buildings are proposed in compliance with City standards. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan. New on -site streets and development improvements for the project conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on -site streets are private and designed in accordance with Chapter 3.0 of the General Plan Circulation Element. C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The vacant, previously disturbed site is suitable for high density residential development based on the recommendations of Environmental Assessment 98- 369. Development will not cause substantial environmental damage, or injury to fish or wildlife, or their habitat provided mitigation measures are met. Urban improvements are adjoining the property making it conducive for residential development. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. 659 A:\ResoCCTTMSpanos.wpd (30) 045 Resolution 99- September 7, 1999 The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. Infrastructure improvements are readily available adjacent to the site. New improvements required for this project will be compatible with the development improvements to the south and west (i.e., Lake La Quinta development). To ensure debris or pollutants do not drain into the existing Lake La Quinta development, oil/water separators shall be installed in the subsurface drainage system. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision. A new median is required on Adams Street for this project. The proposed on - site streets are planned to provide direct access to each residential unit and the accessory parking areas. The project improvements will benefit surrounding properties. The design of Tentative Tract Map 28982 will not conflict with existing public easements, as the project has been designed around, and with consideration for, these easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; and 2. That it does hereby approve Tentative Tract Map 28982 for the reasons set forth in this Resolution and subject to the attached conditions. 660 5I m e A:\ResoCCTTMSpanos.wpd (30) PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 71h day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 661 RESOCC TTM Spanos - 30 047 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 28982 SEPTEMBER 7, 1999 1. Upon City Council approval, a memorandum noting that the City Conditions of Approval for development applications exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. 3. Tentative Tract Map No. 28982 shall comply with the requirements and standards of § §66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. The tentative map shall expire within two years unless an extension of time is applied for and granted by the City Council pursuant to Subdivision Code requirements. 5. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant (subdivider and subdivider's successors in interest in the property) is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB 669 048 A:\CondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. ■ 6. Prior to approval of a final map, the applicant shall acquire or confer all easements and other property rights required of the tentative map or otherwise necessary for construction and use of the proposed development. 7. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures and common areas. 8. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 9. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 10. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 1 1. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 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. 663 949 A:\CondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 12. Improvement plans shall be prepared by or under the direct supervision of qualified engineers, surveyors and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 13. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire the standard materials. 14. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 15. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 664 050 A:\CondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 16. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 17. If improvements are phased with multiple final maps or other administrative approvals (site development permits, conditional use permits, etc.), off -site and perimeter improvements shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 18. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 19. The applicant shall pay cash or provide security for applicant's required share of improvements which -have been or may be constructed by others (participatory improvements). Participatory improvements for this development include: A. Adams Street landscape median - 50% of total cost for the length of the applicant's frontage. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. C 6 5 051 AACondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 20. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 21. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 22. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 23. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 24. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. 25. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for the Lake La Quinta development and as follows: A. The applicant shall install oil/water separators on subsurface storm drain IM exiting the south end of the property. 052 AACondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 B. The applicant shall make provisions for perpetual maintenance of the oil/water separators and of the drainage swale along the west property boundary to ensure free flow of storm runoff and prevent migration of debris and pollutants to the Lake La Quinta development. C. The applicant shall deed or dedicate to the City drainage easements over the drainage swale along the west property boundary and the drainage line from Adams Street to Dulce Del Mar. The easements shall include the right of access through the tentative tract area for maintenance, construction and reconstruction of these facilities. _UTILITIES 26. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 27. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 28. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall, at the City's option, be subject to the program. 29. General access points and turning movements of traffic are limited to the following: A. Avenue 47 - Sixty -foot -wide primary access centered approximately 335 feet west of the centerline of Adams Street. B. Avenue 47 - Alternate access for emergency vehicles only near the west end of this development. 30. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 667 053 AACondCCTT28982Spanos.wpd - 30 Resolution 99- Tentative Tract Map 28982 September 7, 1999 31. The applicant shall design pavement sections using Caltrans' design procedure (20- year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). The minimum structural section for streets and parking areas is 3.0" a.c./4.50" a.b. or equivalent. 32. 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. 33. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 34. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 35. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and comply with plans and specifications. 36. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 37. The applicant shall comply with the terms and requirements of the Infrastructure Fee. program in effect at the time of issuance of building permits. 38. Within 24 hours of approval by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and posting of the Notice of Determination for EA 98-369. 668 054 A:\CondCCTT28982Spanos.wpd Resolution 99- Tentative Tract Map 28982 September 7, 1999 39. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. 40. Prior to final map approval by the City Council, the property owner/developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the Subdivision Ordinance. -_- 41. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: 'V certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 42. Phased improvements shall be approved by the Fire Department. ENV R-0-W/IENTAL 43. Prior to the issuance of a grading permit or building permit, the property owner/developer shall prepare and submit a written report to the Community Development Department demonstrating compliance with those Conditions of Approval and mitigation measures of TTM 28982 and EA 98-369. Mitigation monitoring of the project site during grading is required. MISCEUALIEOUS 44. All agency letters received for this case are made part of the case file documents for plan checking purposes. 45. Prior to final map approval by the City Council, proposed street names shall be submitted to the Community Development Department for review and approval. Three names shall be submitted for each proposed private street. Street signs shall be installed by the developer. 46. Prior to final map approval, the applicant shall submit to the Community Development Department for review a copy of the proposed Covenants, Conditions, and Restrictions (C. C. and R's) for the project. Approval of the C. C. and R's by the City Attorney it G g required. 055 A:\CondCCTT28982Spanos.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL, CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 98-631 FOR THE DEVELOPMENT PLANS FOR A 160 MULTI -FAMILY PROJECT IN A HIGH DENSITY RESIDENTIAL ZONE DISTRICT CASE NO.: SITE DEVELOPMENT PERMIT 98-631 APPLICANT: MAINIERO, SMITH AND ASSOC., INC. FOR A. G. SPANOS CORP. WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of December, 1998, 161h day of February, 1999, 161h day of March, 1999, 20th day of April, 1999, 181h day of May, 1999, 20" day of July, 1999, and 7" day of September, 1999, hold duly noticed Public Hearings to review the building elevations and development plans for a 160-unit project on 10.17 acres located at the southwest corner of Adams Street and 471h Avenue; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of November, 1998, and 26th day of January, 1999, hold duly noticed Public Hearings and recommended to the City Council approval of the building elevations and development plans for a 160-unit multi -family project on 10.17 acres located at the southwest corner of Adams Street and 47th Avenue, more particularly described as: A PORTION OF THE SOUTHEAST ONE QUARTER OF SECTION 30, T5S, R7E SBBM WHEREAS, the City's Architecture and Landscaping Review Committee, did on the 20th day of November, 1998, hold a public meeting and recommended to the Planning Commission and City Council approval of the 160-unit project subject to minor design and landscape changes being made prior to building permit issuance; and WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department has prepared a Mitigated Negative Declaration under Environmental Assessment 98-369 for this project which states the project will not have a significant impact on the environment based on mitigation measures; and Reso CC SDPSpanos- 30 - V 7 0 056 Re$olution 99- September 7, 1999 A.G. Spanos WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of said Site Development Permit 98-631: 1. The proposed multi -family development is consistent with the City's General Plan in that the property is designated High Density Residential. The Land Use Element of the General Plan (Policy 2-1.1.8) allows attached residential houses up to 16 units per acre. A density of 15.7 units/acre is requested. The location is appropriate in that it is in close proximity to Highway 1 1 1, a major transportation corridor with major commercial services and employment opportunities. Therefore, the project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). provided conditions are met. 2. The units are consistent with the goals and objectives of the Zoning Ordinance (RH Zoning District) in that the project is a permitted use and will comply with the development standards and design guidelines provided conditions are met. 3. One- and two -bedroom units are proposed with ancillary parking and open space. The site design of the proposed project is compatible with the high quality of residential development in the immediate area. 4. The existing Oleander hedge on Dulce Del Mar will be retained to screen the two story project from surrounding single story buildings. Common open space has been provided throughout the site, creating internal and external areas for active and passive recreation. Active recreation areas are located at the northeast corner of the project away from existing Lake La Quinta houses to reduce noise impacts. The perimeter landscape design is in conformance with existing Lake La Quinta landscaping. 5. The building materials will be aesthetically pleasing, and provide a blend of varied surfaces and variety of textures, provided conditions are met as recommended by the City's Architecture and Landscaping Review Committee and Planning Commission. The proposed landscape screening, setbacks and building orientations lessen the visual impact of the two story structures, provided conditions are met. Reso CC SDPSpanos- 30 .1 671 057 6. Parking for the project will consist of garages, carports and open parking stalls as required by the Chapter 9.150 of the Zoning Ordinance. Enclosed parking is recommended along the south property boundary to be architecturally compatible with the Lake La Quinta development. Shared parking is proposed and consists of two parking spaces per unit, exceeding a general parking standard of 1 .6 spaces per unit pursuant to Urban Land Institute (ULI) research studies. 7. Exterior project lighting is proposed for common areas and parking as required by Chapter 9.150 (Parking) of the Zoning Ordinance. Light fixtures shall be hooded to eliminate glare. Lighting adjacent to existing residential houses shall be low level not exceed eight feet in height to be consistent with Section 9.60.160 of the Zoning Ordinance. 8. The sign design of the project will provide project identity using common elements of size, color, and materials. 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; and 2. That it does approve Site Development Permit 98-631 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 7th day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California 672 N Reso CC SDPSpanos- 30 RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 98-631 SEPTEMBER 7, 1999 1. Upon City Council approval, a memorandum noting that the City Conditions of Approval for development applications exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The Site Development Permit shall expire within one year from approval, unless building permits are issued pursuant to Section 9.210.010 of the Zoning Ordinance. Time extensions may be granted pursuant to Section 9.200.080. 3. The applicant shall comply with all applicable Conditions of Approval of the underlying tract map (Tract Map 24230). 4. Developer agrees to indemnify, defend and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 5. Prior to the issuance of any grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant/developer is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction G 7 3 permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. Resolution 99- Site Development Permit 98-631 September 7, 1999 6. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures and common areas. 7. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved site plan. 8. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 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. 9. Improvement plans shall be prepared by or under the direct supervision of qualified engineers, surveyors and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 10. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire the standard materials. CondCC SDP Spanos -30 6(4 061, Resolution 99-_ Site Development Permit 98-631 September 7, 1999 1 1 . When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 12. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a building permit. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 13. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. 14. If improvements are phased, off -site and perimeter improvements shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 15. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant 6IJ CondCC SDP Spanos -30 062 Resolution 99-_ Site Development Permit 98-631 September 7, 1999 makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. 16. The applicant shall pay cash or provide security for applicant's required share of improvements which have been or may be constructed by others (participatory improvements). Participatory improvements for this development include: A. Adams Street landscape median - 50% of total cost for the length of the applicant's frontage. The applicant's obligations for all or a portion of the participatory improvements may, at the City's option, be satisfied by participation in a major thoroughfare improvement program if this development becomes subject to such a program. 17. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. 18. The applicant shall endeavor to minimize differences in elevation at abutting properties and within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a project, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 19. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. CondCC SDP Spanos -30 Resolution 99- Site Development Permit 98-631 September 7, 1999 21. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by a civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by building number and shall be listed cumulatively if submitted at different times. 17:7_V►VTt[Cl 22. Stormwater and nuisance water handling shall conform with the approved hydrology and drainage plan for the Lake La Quinta development and as follows: A. The applicant shall install oil/water separators on subsurface storm drain lines exiting the south end of the property. B. The applicant shall make provisions for perpetual maintenance of the oil/water separators and of the drainage swale along the west property boundary to ensure free flow of storm runoff and prevent migration of debris and pollutants to the Lake La Quinta development. C. The applicant shall deed or dedicate to the City drainage easements over the drainage swale along the west property boundary and the drainage line from Adams Street to Dulce Del Mar. The easements shall include the right of access through the site for maintenance, construction and reconstruction of these facilities. 23. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 24. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 25. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall, at the City's option, be subject to the program. 677 CondCC SDP Spanos -30 W Resolution 99- Site Development Permit 98-631 September 7, 1999 26. General access points and turning movements of traffic are limited to the following: A. Avenue 47 - Sixty -foot -wide primary access centered approximately 335 feet west of the centerline of Adams Street. B. Avenue 47 - Alternate access for emergency vehicles only near the west end of this development. 27. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 28. The applicant shall design pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). The minimum structural section for streets and parking areas is 3.0" a.c./4.50" a.b. or equivalent. 29. 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. 30. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. 31. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 32. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and comply with plans and specifications. CondCC SDP Spanos -30 065 Resolution 99- Site Development Permit 98-631 September 7, 1999 33. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 34. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. 35. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $1,250.00 to permit the filing and posting of the Notice of Determination for EA 98-369. 36. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. The school facilities' fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). 37. Prior to the issuance of a grading permit or building permit, the applicant/developer shall prepare and submit a written report to the Community Development Director demonstrating compliance with those Conditions of Approval and mitigation measures of SDP 98-631 and EA 98-369. The Community Development Director may require inspection or other mitigation monitoring measures to assure such compliance. 38. Landscape and irrigation plans shall be prepared by a licensed landscape architect, and approved by the Community Development Department pursuant to Chapter 8.13 of the Municipal Code. Prior to submission of the plans to the City, the developer shall obtain approval by the Coachella Valley Water District and the Riverside County Agricultural Commissioner. The plans are not approved for construction until they have been approved and signed by each approval agency. CondCC SDP Spanos -30 M Resolution 99-_ Site Development Permit 98-631 September 7, 1999 39. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of aboveground utility structures. 40. Date palm trees shall not be installed in close proximity to the common area pool. 41. Mature evergreen trees, measuring 10-feet high (i.e., minimum 2.5" caliper) shall be installed along the west and south property lines to provide privacy screening (i.e., 40' wide spacing). Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting. All trees shall be double staked to prevent damage from seasonal winds. 42. A six-foot high wall or five-foot high wall on a three-foot berm shall be constructed along Dulce Del Mar to the north of the existing Oleander hedge to the satisfaction of the Community Development Department. The height of the six-foot high wall is to be measured from the top of curb height on the project's perimeter street. The wall shall be constructed to match the existing Lake La Quinta perimeter wall. The wall and/or fence along 47`h Avenue shall be six -feet in height. 43. Landscaping shall be added within the terraced planter areas adjacent to the project entry signs. 44. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1500 g.p.m. for a 2-hour duration at 20 p.s.i. Blue dot reflectors shall be mounted in the middle of the streets directly in line with fire hydrants. 45. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrants(s) are either existing or that financial arrangements have been made to provide them. 46. Note on plans: "All buildings, other than Group R, Division 3 occupancies, will be equipped with an automatic fire sprinkler system approved by the Fire Department." Prior to the issuance of building permits, system plans will be submitted for approval. 680 CondCC SDP Spanos -30 067 Resolution 99- Site Development Permit 98-631 September 7, 1999 47. Prior to building permit issuance, applicant/developer will furnish one blueline copy of the water system plans to Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " 48. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on the site. 49. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 50. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key Operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry streets and gates shall be submitted to the Fire Department for review/approval prior to installation. 51. If public use type buildings are to be constructed, additional fire protection may be required. Fire flows and hydrant locations will be stipulated when building plans are reviewed by the Fire Department. 52. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to the driveway shall be located at least 30' from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the public road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 40' turning radius shall be used. 53. The applicant shall make provisions for continuous maintenance of drainage, landscaping and on -site improvements. 11110:11111MIN 54. Lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. Freestanding pole mounted lighting for parking and common areas shall not exceed eight feet in height above finished grade pursuant to Section 9.60.170 of the Zoning Ordinance. 681 CondCC SDP Spanos -30 • R � Resolution 99-_ Site Development Permit 98-631 September 7, 1999 Exterior lighting for the project shall comply with Sections 9.60.160 and 9.100.150 of the Zoning Ordinance. 55. Interior security lighting for carport structures (i.e., recessed flourescent tubes) shall be mounted to the underside of the roof. 56. Prior to issuance of building permits, subject to the Community Development Department approval, the building elevations shall be modified as follows: A. Remove the middle gable eave-end from the garage elevations; B. Modify eave mounted architectural popouts on side building elevations of Buildings 6, 7, 9 and 10 so as to appear functional; C. Install decorative colored concrete (or pavers) for the main entrance (circular turnaround area) and 20-foot wide entrance lanes; D. Submit construction plans for detached garage structures ensuring tile, hip roofs will be used; E. Carport structures located adjacent to Dulce Del Mar shall be enclosed on three sides with parapet walls clad in stucco to match other on -site buildings; and F. The overall height of the recreation building will be reduced to 22-feet to comply with Section 9.50.020 of the Zoning Ordinance. 57. A minimum of one disabled parking space shall be located at the southeast corner of the project to insure proper parking coverage is achieved. 58. Trash enclosures shall be located a minimum distance of 80-feet from west and south property boundaries. 59. All agency letters received for this case are made part of the case file documents for plan checking purposes. 60. A centralized mailbox delivery system shall be used for the project pursuant to any requirements of the U.S. Postal Service. 61. Prior to building permit issuance, trash and recycling areas for the project shall be approved by the Community Development Department pursuant to Section 9.60.220 of the Zoning Ordinance. The plan will be reviewed for acceptability by applicable trash company prior to review by the Community Development Department. CondCC SDP Spanos -30 682 am Resolution 99-_ Site Development Permit 98-631 September 7, 1999 62. Permanent identification signs for the development shall be lit by an indirect source as required by Chapter 9.160 (Signs) of the Zoning Ordinance. Temporary and permanent signs for the development shall be approved by the City prior to installation. 63. A Minor Use Permit is required to establish temporary sales facilities and/or construction trailers for the project (i.e., Section 9.60.250 of the Zoning Ordinance). 64. Each housing unit shall be allocated one garage parking space for vehicle storage measuring 10-feet wide by 20-feet deep inside clear dimension. All carport and open parking spaces shall be unassigned and open for use by residents and guests of the development. Oversized vehicles, recreational vehicles and trailers shall be prohibited. Parking restrictions shall be enforced by the property owner and/or manager. 65. Vertical support poles for carport structures shall be mounted within the first 6' of the front of the stall (including overhang) pursuant to Section 9.150.080 (B5) of the Zoning Code. 66. Prior to building permit issuance, proposed street names shall be submitted to the Community Development Department for review and approval unless a building numbering plan with common address is utilized (e.g., 78-705 47th Avenue, Building #1 (Units 1-8), etc.). Three names shall be submitted for each proposed private street. Street signs shall be installed by the developer. CondCC SDP Spanos -30 G 8 3 070. RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TRACT MAP 24230 (AMENDMENT #1) TO ELIMINATE CONDITION #41 OF RESOLUTION 89-85 REQUIRING AFFORDABLE HOUSING ON 10.17 ACRES, LOCATED AT THE SOUTHWEST CORNER OF 47T" AVENUE AND ADAMS STREET CASE NO.: TRACT MAP 24230, AMENDMENT #1 APPLICANT: MAINIERO, SMITH AND ASSOC., INC. FOR A. G. SPANOS CORP. WHEREAS, the City Council for the City of La Quinta, California, did on the 15th day of December, 1998, 16th day of February, 1999, 161h day of March, 1999, 20th day of April, 1999, 18th day of May, 1999, 20th day of July, 1999, and 71h day of September, 1999, hold duly noticed Public Hearings to review the request to eliminate Condition #41 of Tract Map 24230 requiring affordable housing units to be built on 10.17 acres located at the southwest corner of 471h Avenue and Adams Street; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 24th day of November, 1998, and 261h day of January, 1999, hold duly noticed Public Hearings and recommended to the Council elimination of Condition #41 of Tract Map 24230 requiring affordable housing units to be built on 10.17 acres located at the southwest corner of 471h Avenue and Adams Street, more particularly described as: Assessor's Parcel Number 643-090-014; Portion of SE 1 /4 of Section 30, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California WHEREAS, the City Council of the City of La Quinta, California, did on the 51h day of July, 1989, under Tract Map 24230 require a certain percentage of future houses (5%) to be for low and moderate income families pursuant to draft General Plan Policies; and WHEREAS, the Tract Map 24230 was recorded with the County of Riverside on February 28, 1990; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970", as amended (Resolution 83-63), in that the Community Development Director has conducted an Initial Study (Environmental Assessment 98-369) and has determined that the proposed 160 unit multi -family residential project associated with the Tract could have an adverse impact on the environment; a Mitigated Negative Declaration of Environmental Impact will be filed. - 684 AAResoCCTTM24230Spanos.wpd (30) 071. WHEREAS, at said Public Hearings, 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 justifying approval of said Tract Map 24230 (Amendment #1): A. The proposed map amendment is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance. The property is designated High Density Residential (HDR) by the General Plan Land Use Element (Chapter 2.0) permitting attached single family projects of 12 to 16 units per acre pursuant to Policy 2-1.1.8. The proposed development of 160 multi -family units under Tentative Tract Map 28982 is consistent with the HDR requirements. The Housing Element of the General Plan lists programs available to provide affordable housing. The amendment of Tract 24230 to eliminate Condition #41 should result in no impacts regarding affordable housing in the City as stated in EA 98-369. The RH District (High Density Residential) permits attached single family housing not exceeding three stories in height. Conditions are recommended to insure compliance with City Code requirements. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan. Existing off -site improvements were constructed during construction of the Lake La Quinta development. New on -site streets and development improvements for the project will be completed by Tentative Tract Map 28982, the companion development application. C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The vacant, previously disturbed site is suitable for high density residential development based on the recommendations of Environmental Assessment 98- 369. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. Infrastructure improvements are readily available adjacent to the site and were - 685 072 A:\ResoCCTTM24230Spanos.wpd (30) constructed in the early 1990's. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision. Off -site infrastructure improvements have been constructed as required by Tentative Tract Map 24230. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; and 2. That it does hereby approve Tentative Tract Map 24230 (Amendment #1) for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 7t' day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California LA11111111111*15 SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California •), 686 A:\ResoCCTTM24230Spanos.wpd (30) 073 APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 687 074 AAResoCCTTM24230Spanos.wpd (30) RESOLUTION 99-_ CONDITIONS OF APPROVAL - RECOMMENDED TRACT MAP 24230, AMENDMENT #1 SEPTEMBER 7, 1999 1. Upon City Council approval, a memorandum noting that the City Conditions of Approval for development applications and are available for review at City Hall shall be recorded against the property with Riverside County. 2. Condition #41, requiring affordable housing units, shall be deleted. All other Conditions of Resolution 89-85 are still valid and remain enforceable for Tract 24230. 688 Condcc TTM24230 Spanos -30 075 ATTACHMENT oil Now :00 MN I an ME no w OM ISM -'J - 689 N 077 Attachment 2 �« 8 ^cddon.25R6 S €d �adaaeda"aaaa,4 o ddd 'a a £S £SRX^i^iRRA�R 888 g x� €a dd.. s 66 dd. 6d oe a ... $ 6N g89�-n 8 F BFxRSSiRRS� 8 �g� RSG ! if Lr� i C e� Tjht 4 4 Qum& COUNCIL/RDA MEETING DATE: September 7, 1999 Public Hearing to Certify the Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-383 and approve Specific Plan 99-036 for the Development Standards and Design Guidelines for a 332,400 square foot mixed commercial and business park development on 36 acres, located at the Northeast Corner of Dune Palms Road and Highway 1 1 1. Applicant: TrolI/Woodpark Development/ Mainiero, Smith & Associates RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Negative Declaration of Environmental Impact for Environmental Assessment 99-383; and, Adopt a Resolution of the City Council approving Specific Plan 99-036, subject to findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed Specific Plan establishes the development standards and design guidelines for the development of retail, office and industrial land uses on 36 non- contiguous acres on the north side of Highway 1 1 1. Approximately 13.3 ± acres are located at the northwestern corner of Highway 111 and Dunes Palms Road; the balance of the property, 22.7 ± acres, is located 350 feet east of Adams Street, adjacent to the recently approved Specific Plan 98-033 (Attachment 1). The intervening parcel is not a part of the proposed Specific Plan. Lands surrounding the property on the west, south and east are vacant. The property abuts the Coachella Valley Stormwater Channel along its northern property line. C:\My Documents\WPDOCS\SP99-036 CC Stf Rpt.wpd The Tentative Parcel Map originally proposed as part of this application has been withdrawn by the applicant, who has asked that the map be tabled until such time as redesign is complete. The Historic Preservation Commission reviewed the cultural resources report at their meeting of August 19, 1999 and recommended approval subject to conditions (Attachment 2). Project Request The proposed Specific Plan requests the approval of design guidelines and development standards for a mix of commercial and industrial land uses. In total, the project would allow 91,600 square feet of industrial use in the northern portions of the parcels; 73,500 square feet of retail uses; 119,500 square feet of office uses; a 30,000 square foot fitness center; a self storage and RV storage facility; and a gasoline service station at the corner Dune Palms Road and Highway 1 1 1. The design of the project supports the land use designation for Regional Commercial, insofar as it allows the development of more intense commercial uses along the Highway 1 1 1 Corridor. The Commercial Park area of the Specific Plan allows for a varied mix of quasi -industrial and industrial/office uses, to be designed to City standards. Primary project access will occur at the eastern boundary of the western parcel (any future Specific Plan for the central parcel, currently not a part of this application, would be required to share this main entry drive). In addition, a driveway is proposed about mid -distance on the western parcel, and at the western boundary of the western parcel, to be shared with approved Specific Plan 98-033. Finally, one driveway is proposed for the eastern parcel, about 300 feet west of the Dune Palms Road intersection. Access to the project will also be possible via a driveway on Dune Palms Road, and an industrial road which will extend from Adams Street to Dune Palms Road. The proposed Specific Plan deviates from the Zoning Ordinance in requesting that the two story, 53,000 square foot building to be located in the southwestern corner of the eastern parcel be 50 feet, instead of the required 150 feet from Highway 111. Highway 1 1 1 is a General Plan designated Primary Image Corridor, and represents an important statement of the City's identity to motorists and pedestrians. The implementation of the 150 foot setback requirement is desirable to preserve vistas, the quality of the Corridor, and the image of the City. The project has been conditioned to redesign the two-story portion of the 53,000 square foot office building in Planning Area 4 not to exceed 22-feet in height, and be located at least 150 feet from the property line (Condition #63). Site Development Permits will be required for all land uses within the plan. U C:\My Documents\WPDOCS\SP99-036 CC Stf Rpt.wpd 6 9.2) Public Notice This map application was advertised in the Desert Sun newspaper on August 20,1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. To date, no comments have been received. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission considered this request at its meeting of August 24, 1999, and recommended approval by the City Council of EA 99-383 (Resolution 99-062), and Specific Plan 99-036 (Resolution 99-063), by a vote of 4-0, subject to amended Conditions of Approval (Attachment 3). The Planning Commission recommends a number of amendments to the Conditions of Approval. These are attached to this staff report. Deletions are shown as strike -through text; additions are shown in bold type. Conclusion: This Specific Plan will broaden the land uses occurring within the Highway 111 Corridor. The Specific Plan, as conditioned, is compatible with surrounding development in the immediate area, and in conformance with City requirements. Findings for a recommendation for approval, as noted in the attached Resolutions, can be made. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Certify a Negative Declaration for Environmental Assessment 99-383, and approve Specific Plan 99-036, subject to the attached findings and conditions of approval; or 2. Deny certification of EA 99-383 and approval of SP 99-036. 3. Continue the request and provide staff with direction. 693 00 CAMy Documents\WPDOCS\SP99-036 CC Stf Rpt.wpd Respectfully submitted, Je Herman Co munity Development Director Approved for submission by: � p i Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Historic Preservation Commission Minutes of August 19, 1999 3. Planning Commission Minutes of August 24, 1999. 4. Specific Plan 99-036 Document (large copies for Council only) 694 004 CAMy Documents\WPDOCS\SP99-036 CC Stf Rpt.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 99-383 PREPARED FOR SPECIFIC PLAN 99-036 ENVIRONMENTAL ASSESSMENT 99-383 APPLICANT: TROLLIWOODPARK DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of September, 1999, hold a duly noticed Public Hearing to consider Environmental Assessment 99-383 prepared for Specific Plan 99-036, located at the northwest corner of Dune Palms Road and Highway 111; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of August, 1999 hold a duly -noticed Public Hearing to consider Environmental Assessment 99-383 for Specific Plan 99-036, located at the northwest corner of Dune Palms Road and Highway 111, more particularly described as follows: ASSESSOR'S PARCEL NUMBERS: 649-020-016, 649-020-015, 649-020-030, 649-020-008, 649-020- 011; THE SOUTHERLY PORTION OF THE NORTHWEST QUARTER OF SECTION 29, T5S, R7E, SAN BERNARDINO BASE AND MERIDIAN WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 99-383) and has determined that although the proposed Specific Plan could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the Conditions of Approval for Specific Plan 99-036, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Specific Plan 99-036 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant 9 5 unmitigable impacts were identified by Environmental Assessment 99-383. V Qv5 CAMy Documents\WPDOCS\SP99-036- EA CCReso.wpd Resolution 99- Environmental Assessment 99-383 2. The proposed Specific Plan will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. The proposed Specific Plan does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed Specific Plan will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area are similar to that planned in the proposed subdivision. 5. The proposed Specific Plan will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan, as proposed, does not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 99-383 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 696 006 t�.%RA.. non rA ni+n--- ...-J Resolution 99- Environmental Assessment 99-383 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 697 P AR A.. n__.n IMMl nn%nnnn ^- - nnn___ ..._A 007 Environmental Checklist Form Project Title: La Quinta Corporate Center Specific Plan 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di Iorio 760-777-7125 4. Project Location: Northwest corner of Highway 111 and Dune Palms Road, and the north side of Highway 111, 350 feet east of Adams Street. 5. Project Sponsor's Name and Address: Troll-Woodpark Development Mainiero, Smith and Associates 777 East Tahquitz Canyon Way, Ste. 301 Palm Springs, CA 92262 6. General Plan Designation: Regional Commercial and Commercial Park 7. Zoning: Regional Commercial/Non-Residential Overlay and Commercial Park 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to allow the development of 36 acres of non-contiguous land at the northwest corner of Highway 111 and Dune Palms Road, and on the north side of Highway 111, 350 feet east of Adams Street. The Specific Plan will allow the development of 91,600 square feet of industrial/office space, 79,300 square feet of retail space, 119,500 square feet of office space, a fitness center and a gas station. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. The Coachella Valley Stormwater Channel occurs immediately north. Lands to the west are vacant, but are planned for a hotel and restaurants, pursuant to the approved Specific Plan 98-036. Lands to the south, beyond Highway 111 are vacant, but planned for the approved La Quinta Auto Center. Lands to the east are vacant. An intervening parcel, between the two holdings included in this Specific Plan, is also vacant. 10. Other agencies whose approval is required (e.g., permits, financing approval,. or participation agreement.) Coachella Valley Water District California Department of Transportation (CalTrans) P:\SP 99-036 - EnvCkList.doc 0 V 8 698 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning X Transportation/Circulation Public Services Population and Housing X Biological Resources X Utilities and Service Systems X Geological Problems Energy and Mineral Resources Aesthetics X I Water Hazards Cultural Resources X Air Quality Noise Recreation Mandatory Finds of Significance Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a potentially significant impact or potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date 99 Printed Name P:\SP 99-036 - EnvCkList.doc For f v Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. See the sample question below. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form, and lead agencies are free to use different ones. - 700 010 P:\SP 99-036 - EnvCkList.doc Sample question: I. II. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: Landslides or mudslides? (1,6) (Attached source list explains that 1 is the general plan, and 6 is a USGS topo map. This answer would probably not need further explanation.) LAND USE AND PLANNING. Would the proposal: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact a) Conflict with general plan designation of zoning? (General X Plan Land Use Map) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (General Plan EIR, p. 4-1 ff.) c) Be incompatible with existing land use in the vicinity? (General Plan Land Use Map, Aerial Photograph, Exhibit 2 of Specific Plan) d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (Aerial Photograph, Exhibit 2 of Specific Plan) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (General Plan Master Environmental Assessment, p. 2-32 ff.) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension or major infrastructure)? (General Plan Goal 2-3, c) Displace existing housing, especially affordable housing? (Aerial Photograph, Exhibit 2 of Specific Plan) P:\SP 99-036 - EnvCkList.doc 01 O11 IV. Issues (and Supporting Information Sources): GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact a) Fault rupture? (General Plan EIR, Exhibit 4.2-3, page 4-35) X b) Seismic ground shaking? (General Plan EIR, page 4-30 ff.) c) Seismic ground failure, including liquefaction? (General Plan EIR, Exhibit 4.2-3, page 4-35 and page 4-30 ff.) d) Seiche, tsunami, or volcanic hazard? (General Plan EIR, page 4-30 ff.) e) Landslides or mudflows? (General Plan EIR, page 4-30 ff.) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (General Plan EIR, page 4-41) 0 0�■ g) Subsidence of the land? (General Plan EIR, page 4-43) X h) Expansive soils? (General Plan EIR, page 4-40 to 43) FX 1-7 i) Unique geologic or physical features? (General Plan, page 8-7) X 7 WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns or the rate and X amount of surface runoff? (Specific Plan p. 21 and Exhibit 11) b) Exposure of people or property to water related hazards such as flooding? (General Plan EIR, Exhibit 4.3-1, page 4-53) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Specific Plan document, p. 21; letter from CVWD dated June 3, 1999) /V d) Changes in the amount of surface water in any water body? X (Specific Plan document, p. 21; letter from CVWD dated June 3, 1999) X oz Olti P:\SP 99-036 - EnvCkList.doc V. VI. Issues (and Supporting Information Sources): e) Changes in currents, or the course or direction of water movements? (General Plan EIR, page 4-51 ff.) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? (General Plan EIR, page 4-55 ff.) g) Altered direction or rate of flow of groundwater? (General Plan EIR, page 4-55 ff.) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X h) Impacts to groundwater quality? (General Plan EIR, page 4- X 57 ff.) i) Substantial reduction in the amount of groundwater otherwise X available for public water supplies? (General Plan EIR, page 4- 57 ff.) AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute to an existing or X projected air quality violation? (General Plan EIR, page 4-171 ff.; Endo Engineering, "Air Quality Impact Study, June 2, 1999) b) Expose sensitive receptors to pollutants? (Endo Engineering, X "Air Quality Impact Study," June 2, 1999) c) Alter air movement, moisture, or temperature, or cause any I I I I X change in climate? (General Plan MEA, page 5-33 ff.) d) Create objectionable odors? (Endo Engineering, "Air Quality I I I I X Impact Study", June 2, 1999) TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Endo Engineering, "Traffic Impact Study," May 10, 1999) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Endo Engineering, "Traffic Impact Study," May 10, 1999, Specific Plan Site Plan, Exhibit 5) X 03 P:\SP 99-036 - EnvCkList.doc 013 Issues (and Supporting Information Sources): c) Inadequate emergency access or access to nearby uses? (Specific Plan Site Plan, Exhibit 5) d) Insufficient parking capacity on -site or off -site? (Specific Plan, p. 32) e) Hazards or barriers for pedestrians or bicyclists? (Specific Plan Site Plan, Exhibit 5) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X f) Conflicts with adopted policies supporting alternative X transportation (e.g., bus turnouts, bicycle racks)? (Specific Plan Site Plan, Exhibit 5) g) Rail, waterborne or air traffic impacts? (General Plan MEA) X VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats X (including but not limited to plants, fish, insects, animals, and birds)? (General Plan EIR, Exhibit 4.4-1, page 4-69, and page 4- 71 ff.) b) Locally designated species (e.g., heritage trees)? (James I I I X Cornett, "Giant Sand Treader Cricket Survey and Habitat Analysis," July 15, 1999) c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? (James Cornett, "Giant Sand Treader Cricket Survey and Habitat Analysis," July 15, 1999) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? (General Plan EIR, Exhibit 4.4-1, page 4-69) e) Wildlife dispersal or migration corridors? (General Plan EIR, page 4-71 ff.) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (General Plan MEA, page 5-26 ff.) b) Use non-renewable resources in a wasteful and inefficient manner? (General Plan MEA, page 5-26 ff.) P:\SP 99-036 - EnvCkList.doc 014 I ►`M X. XI. Issues (and Supporting Information Sources): c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? (Specific Plan Project Description) b) Possible interference with an emergency response plan or emergency evacuation plan? (General Plan MEA, page 6-27 ff.) c) The creation of any health hazard or potential health hazard? (Specific Plan Project Description) d) Exposure of people to existing sources of potential health hazards? (Specific Plan Project Description) e) Increased fire hazard in areas with flammable brush, grass, or trees? (Specific Plan Project Description) NOISE. Would the proposal result in: a) Increases in existing noise levels? (Specific Plan Project Description, General Plan MEA, page 6-15 ff., Exhibit 6-4) b) Exposure of people to severe noise levels? (General Plan MEA, page 6-15 ff., Exhibit 6-4) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (General Plan MEA, page 4-3 ff.) b) Police protection? (General Plan MEA, page 4-3 ff.) c) Schools? (General Plan MEA, page 4-9) d) Maintenance of public facilities, including roads? (General Plan MEA, pages 3-3, 4-7) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X P:\SP 99-036 - EnvCkList.doc 015 Issues (and Supporting Information Sources): e) Other governmental services? (General Plan MEA, page 4-14 ff.) XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (General Plan MEA, page 4-26) b) Communications systems? (General Plan MEA, page 4-29) c) Local or regional water treatment or distribution facilities? (General Plan MEA, page 4-20) d) Sewer or septic tanks? (General Plan MEA, page 4-24) e) Storm water drainage? (General Plan MEA, page 4-27) f) Solid waste disposal? (General Plan MEA, page 4-28) g) Local or regional water supplies? (General Plan MEA, page 4-20) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (General Plan Exhibit CIR-5) b) Have a demonstrable negative aesthetic effect? (General Plan EIR, page 5-12 ff.) c) Create light or glare? (Specific Plan Project Description) XIV. CULTURAL RESOURCES. Would the proposal: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X mmmm a) Disturb paleontological resources? (Paleontological Lakebed X Determination Study, Community Development Department) b) Disturb archaeological resources? (CRM Tech, "Archaeological Testing and Site Evaluation at La Quinta Corporate Center," August 2, 1999) 016 P:\SP 99-036 - EnvCkList.doc a) Disturb paleontological resources? (Paleontological Lakebed X Determination Study, Community Development Department) b) Disturb archaeological resources? (CRM Tech, "Archaeological Testing and Site Evaluation at La Quinta Corporate Center," August 2, 1999) 016 P:\SP 99-036 - EnvCkList.doc Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact c) Affect historical resources? (CRM Tech, "Archaeological X Testing and Site Evaluation at La Quinta Corporate Center," August 2, 1999) d) Have the potential to cause a physical change which would X affect unique ethnic cultural values? (CRM Tech, "Archaeological Testing and Site Evaluation at La Quinta Corporate Center," August 2, 1999) e) Restrict existing religious or sacred uses within the potential I I I X impact area? (CRM Tech, "Archaeological Testing and Site Evaluation at La Quinta Corporate Center," August 2, 1999) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or X other recreational facilities? (Specific Plan Project Description) b) Affect existing recreational opportunities? (General Plan, Exhibit PR-1) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare to endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? R. b) Does the project have the potential to achieve short-term, to X the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directory or indirectly? X 7 0 01'7 P:\SP 99-036 - EnvCkList.doc XVII. EARLIER ANALYSIS. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analysis used. Identify earlier analysis and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. r08 P:\SP 99-036 - EnvCkList.doc Addendum to Environmental Checklist, EA 99-383 III.b) & c) The City is located in a seismically active area. The proposed Specific Plan is located in a Zone IV groundshaking zone, adjacent to an inferred and inactive fault. The City has implemented provisions in the Uniform Building Code for seismically active areas. The project will be required to conform to these standards. This mitigation measure will ensure that impact from seismic activity will be reduced to a level of insignificance. III.f) The project falls within an area of soils at risk for erosion. The proposed Specific Plan, in and of itself, will not cause a hazard. However, construction of the project will have the potential to create unstable soil conditions during earth moving activities. At such time as any phase of the project is proposed for development, the project proponent will be required to submit soils analysis to the City Engineer for review and approval. The recommendations contained in this study will reduce the potential impact from erosion of soils to a level of insignificance. All earth moving activities shall be coordinated to ensure that the mitigation measures contained under section XIV (Cultural Resources) of this addendum shall be properly implemented. The protection of the archaeological site found in the western portion of the Specific Plan shall be the primary concern of all grading and compacting efforts. IV.a) The Specific Plan will not change the absorption rates on the site in and of itself. Construction of structures and parking lots, however, will reduce the amount of land available for absorption of water into the ground, and has the potential to increase surface runoff. The Specific Plan proposes to control storm flows by directing them to the Coachella Valley Stormwater Channel, located immediately north of the project site. The conditions of approval proposed for the project require the proponent to meet the requirements of the Coachella Valley Water District (CVWD), which has jurisdiction over the Channel. This will reduce the potential hazard associated with increased runoff to a level of insignificance. IV c) & d) The implementation of the proposed project will result in the discharge of storm flows into the Coachella Valley Stormwater Channel. Such discharge could increase the potential for pollutants entering the Channel. The project will be required to implement NPDES standards for any flows to be discharged, which will lower the risk of pollutants entering the Channel. CVWD has implemented standards for such facilities, which will be applied to this project. The Channel is an intermittent stream, which generally carries water only during storm events. The implementation of the proposed project will not represent a significant increase in water traveling in the Channel, and is not expected to cause a hazard in this regard. The Channel has been designed to accommodate such flows, plus a risk factor, to ensure conservative handling of storm flows. CVWD's requirements to implement the Specific Plan will reduce the �,, potential impacts to surface water to a less than significant level. 709 019 PASP 99-036 - EnvCkList.doc V. a) An air quality analysis was prepared for buildout of the proposed project'. The air quality analysis was performed for both construction (short term) and operational (long term) emissions from the project site. The analysis utilized the threshold criteria established for the Valley by the South Coast Air Quality Management District, as required by the Air Quality Management Plan. Threshold criteria will not be exceeded during the construction of the proposed project. The operation of the project, however, is expected to exceed SCAQMD thresholds for carbon monoxide, reactive organic gases and nitric oxide. The report includes the following mitigation measures, both for construction activities and long term operations, which shall be implemented for the proposed project: 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Construction parking shall be configured to minimize traffic interference. 5. Construction of improvements on Highway 111 or Dune Palms Road shall be scheduled for off-peak traffic hours and shall minimize obstruction of through - traffic lanes. 6. Cut and fill quantities will be balanced on site. 7. The project shall submit a PM10 Plan to the City which includes adequate provisions for fugitive dust and wind erosion control, both during and after grading operations. The PM10 Plan shall be approved by the City prior to the issuance of any grading permit on the site. 8. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 9. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 710 "La Quinta Corporate Centre Air Quality Impact Study," Endo Engineering, June 2, 1999. U210 P:\SP 99-036 - EnvCkList.doc 10. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 11. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 12. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 13. Construction roads other than temporary access roads shall be paved as soon as possible, and once paved shall be cleaned after each work day. All unpaved roads shall be posted with a 15 mile per hour speed limit. 14. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 15. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 16. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 17. Bicycle racks and/or other mandated alternative transportation provisions. shall be included in project design, in conformance with City ordinances in effect at the time of development. 18. Low pressure sodium vapor lights shall be considered to reduce power plant emissions. 19. The project proponent shall comply with all applicable SCAQMD Rules and Regulations. Even with the implementation of these mitigation measures, the impacts to air quality from the proposed project could be significant. Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. The proposed project falls within the anticipated land use studied in the General Plan EIR. The City determined at that time that air quality impacts required a Statement of Overriding Considerations, which determined, as regarded air quality, that the impacts to air quality of development of the Plan would be cumulative only when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. The ' implementation of the proposed project, therefore, is not expected to have a significan711 impact on air quality resources. 021 P:\SP 99-036 - EnvCkList.doc VI. a) A traffic impact analysis was prepared for the proposed Specific Plan'. The analysis included existing conditions analysis, trip generation forecasts, and future traffic volumes. The traffic analysis assumed buildout of the proposed project in the year 2010. The traffic analysis assumed that the now "Not a Part" site which separates the two portions of the Plan was to be included, and therefore analysis a more conservative buildout of the entire site. Impacts from the proposed project are therefore expected to be lower than those described in the traffic impact analysis. The total estimated traffic generation is estimated to be 15,570 daily trips, of which 1,085 are expected during the morning peak hour, and 1,574 during the evening peak hour. The improvements required with or without project implementation include the signalization of Dune Palms Road, the construction of dual southbound left turn lanes at Dune Palms Road and Highway 111 and Adams Street and Highway 111 and dual westbound left turn lanes at the main project site entrance and Highway 111. The type of development proposed in the Specific Plan was also considered during review of the City's General Plan, and traffic generated by the site was incorporated into that analysis. The traffic impact analysis includes the following mitigation measures, which shall be implemented as part of the development of the project site: 1. All internal drives and streets shall be reviewed and approved by the City Engineer during the Design Review process to ensure compliance with City standards. 2. Off-street parking shall be provided in conformance with the requirements of the La Quinta Municipal Code. 3. All internal street shall be fully constructed to their ultimate cross -sections as adjacent on -site development occurs. 4. Sidewalks and streetlights shall be installed on -site in conformance with the Municipal Code. 5. All internal street intersections shall provide clear, unobstructed sight distance. 6. All site driveways exiting the project site shall include a STOP sign and clear unobstructed sight distances. 7. The lane geometrics shown in Figures VI-2 and VI-3 of the traffic impact analysis shall be installed adjacent to the project site. Phasing of the intersection improvements shall be in conformance with the conditions of approval provided by the City Engineer. 8. When warranted, the project proponent shall install a traffic signal at the intersection of the industrial street and Dune Palms Road. 712 2 "La Quinta Corporate Centre Traffic Impact Study," Endo Engineering, May 10, 1999. 0 2 e) PASP 99-036 - EnvCkList.doc 9. The project proponent shall participate in the City's traffic mitigation fee program. With the implementation of these mitigation measures, and the planned improvements associated with the implementation of the City's General Plan, all project related roadways will operate within acceptable levels of service (LOS D or better) at project buildout. The project is therefore not expected to have a significant impact on the circulation system. VII.a) The site occurs within an area designated as potential habitat for the Giant Sand Treader Cricket in the General Plan. A site -specific biological survey for Giant Sand Treader Cricket was performed for the proposed site'. The survey found that the site is not appropriate for cricket habitat. The site is also within the Habitat Conservation Plan fee area for the Coachella Valley Fringe -toed Lizard. The project proponent will be required to pay the mandated $100 fee per acre prior to development at the site. This mitigation measure will reduce impacts to biological resources to a level of insignificance. X.a) The Highway 111 corridor is an impacted noise area. Noise levels along this roadway exceed the City standard of 60 dBA CNEL level currently. All new development of sensitive receptors is required to mitigate to the City's standards for noise, as required in the General Plan (Table EH-1). The Specific Plan does not call out any sensitive receptors as definite land uses for the site. The commercial and industrial land uses proposed will be required to construct to City standards to attenuate interior noise. Should a sensitive receptor be proposed, the following mitigation measure shall be implemented: 1. A use -specific noise study will be required by the City if a sensitive receptor is proposed for location within the Specific Plan project area, and within the 60 dBA CNEL noise contour. The study shall include mitigation measures, as needed, to lower the noise levels to within the City standards in place at the time the use is proposed. This mitigation requirement reduces the impact of noise to a level of insignificance. XIII.a) The proposed project includes a proposal that the City's height and setback standard be modified on Highway 111 for one building. The standard of 150 feet of setback for two-story structures along Primary Image Corridors is proposed to be reduced to 50 feet in the eastern portion of the site. The location of a two-story building adjacent to Highway 111 can impact the aesthetic values of this important corridor, designated as a Primary Image Corridor in the General Plan. The location of a two-story building at a distance of 50 feet from the property line is also not compatible with the Highway 111 713 "Giant Sand Treader Cricket Survey and Habitat Analysis," James Cornett, July 15, 1999. 023 P:\SP 99-036 - EnvCkList.doc theme, which stresses uninterrupted vistas (Architectural Standards, Guideline #3), and "intimate" space (Architectural Standards, Guideline #5). The following mitigation measure shall be implemented to reduce the impact of the structure to an acceptable level: 1. The site plan shall be re -designed to ensure that the proposed two-story portion of the 53,000 s.f. Building located at the southwestern corner of the eastern parcel is a minimum of 150 feet from the property line. XIII.c) No residential land uses occur or are likely to occur adjacent to the project site. The City has implemented, through its Site Development Permit and building permit processes, standards which require lighting to be contained, and at a low level, to preserve the dark night sky. These standards will be implemented for this project, thereby reducing the potential impacts to a less than significant level. XIV.b), c) & d) A site specific cultural resource study has been completed for the proposed project'. The study found two potentially significant sites within the project boundary. Site CA- RIV-6190 was found not to constitute a significant resource, and no further action is required on this site. Site CA-RIV-2936, however, was found to be significant. Two potential mitigation measures were offered: to either fully excavate the site, or to cover the site and protect it from further disturbance. Excavation of the site is the mitigation measure recommended by the Historic Preservation Commission (also see Staff Report and Minutes, Historic Preservation Commission, August 19, 1999). The following mitigation measures shall therefore be implemented: 1. A data recovery plan, which makes provision for adequately recovering the scientifically consequential information from or about the historic resource, shall be prepared and adopted by the Historic Preservation Commission prior to any excavation being undertaken. Such studies shall be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions of Section 7050.5 Health and Safety Code. 2. Archaeological monitoring of the entire site (36 acres) shall occur for all earth moving activities, including grubbing, grading, etc. 3. The final Cultural Resources report shall be submitted and approved prior to occupancy of the first building within the Specific Plan area. 714 "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999. P:\SP 99-036 - EnvCkList.doc 0 '42 4 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 99-036, A PROPOSED COMMERCIAL DEVELOPMENT ON 36± ACRES AT THE NORTHWEST CORNER OF DUNE PALMS ROAD AND HIGHWAY 111. CASE NO.: SPECIFIC PLAN 99-036 APPLICANT: TROLL/WOODPARK DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of September, 1999, hold a duly noticed Public Hearing to consider the request of Troll/Woodpark Development for a Specific Plan to allow mixed regional commercial and industrial development located at the northwest corner of Dune Palms Road and Highway 111, and more particularly described as: Assessor's Parcel Number 649-020-016, 649-020-015, 649- 020-030, 649-020-008, 649-020-011;the southerly portion of the northwest quarter of section 29, T5S, R7E, SBBM, in Riverside County WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of August, 1999, hold a duly noticed Public Hearing for Specific Plan 99- 036, and recommended approval under Resolutions 99-062 and 99-063; and WHEREAS, the project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83- 63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 99-383) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Specific Plan 99-036, and a Mitigated Negative Declaration of Environmental Impact will be filed. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Specific Plan 99- 036: Finding Number 1 - Consistency with General Plan/Zoning Code 1. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports the development of regional commercial and quasi -industrial uses along the Highway 111 corridor, as conditioned. The proposal also furthers the goals and objectives of 71J the Circulation Element, insofar as it makes mandated improvements to Dune Palms Road and Highway 111. Resolution 99-_ Specific Plan 99-036 September 7, 1999 2. The proposed Specific Plan is compatible with the City's zoning ordinance in that it supports the development of commercial uses in the Regional Commercial district, and quasi -industrial uses in the Business Park district. Conditions are recommended to insure compliance with City Code requirements. Finding Number 2 - Compliance with the California Environmental Quality Act A Mitigated Negative Declaration of Environmental Impact has been prepared by the Community Development Department as required by the California Environmental Quality Act statutes. The assessment concludes that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 99-383). In this case, project mitigation includes excavation of a significant archaeological site on the western parcel, improvements to Highway 111, and implementation of air quality mitigation measures to reduce potential long term impacts. Finding Number 3 - Site Design 1. The project is compatible with the City's standards and existing surrounding development. Conditions of approval have been included to ensure compliance with the City's standards. Each of the phases of the proposed Specific Plan will be required to submit Development Review Permit applications prior to development of the site. 2. The proposed Specific Plan mandates the continued development of the Highway 111 Design guidelines, and allows for the parkway landscaping of Dune Palms Road. Finding Number 4 - Site Improvements The proposed Specific Plan requires the improvement, to their respective full half - widths, of Dune Palms Road and Highway 111 along the property boundaries. 2. The extension of all public services, as required, will provide for the logical expansion of development services in the City. 3. All improvements within and adjacent to the proposed project will be constructed to meet City standards and be compatible with surrounding development. 4. The Specific Plan, as conditioned, will not pose a hazard to the public health, welfare or safety. 716 C:\My Documents\W PDOCS\SP99-036-CCReso.wpd 0 rt! 6 Resolution 99-_ Specific Plan 99-036 September 7, 1999 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in EA 99-383. 3. That it does approve Specific Plan 99-036 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 7th of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 717 0 27 C:\My Documents\WPDOCS\SP99-036-CCReso.wpd CONDITIONS OF APPROVAL SPECIFIC PLAN 99-036 - RECOMMENDED LA QUINTA CORPORATE CENTER September 7, 1999 GENERAL 1. Prior to issuance of the first Site Development Permit all necessary amendments to the Specific Plan shall be submitted to the City and these Conditions of Approval shall be appended to the Specific Plan. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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. 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. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. - 718 C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 0 8 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 4. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. PROPERTY RIGHTS 5. Prior to the issuance of a grading, construction or building permit, the applicant shall acquire or confer required or necessary property rights including easements and rights of way. 6. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 7. Rights of way required of this development include: A. Highway 1 1 1 - the remainder of applicant's 70-foot half of a 140-foot right of way plus additional if required by Caltrans or the design of the improvements. .. 0411-41M-- - W..... ... C. Dune Palms Road - the remainder of the applicant's 44-foot half of an 88- foot right of way plus additional width at Highway 1 1 1 to accommodate dual left turn lanes. The additional width section shall be 60-foot half - width from Highway 111 to 300 feet north and taper from that point northerly to 44 feet. D. Industrial Road - 64-foot right of way from Adarns Street to east boundary of hotel site, 74 foot right of way thereafte, to Bune Palms Road western boundary (connecting to industrial road within SP 98-033) to Dune Palms Road. If right of way across the "Not A Part" property is unavailable, the applicant shall, by separate deed, grant temporary right of way for construction of culs de sacs at the road's termini at that property. The temporary grant shall automatically expire when the industrial road is completed and the culs de sacs removed. E. North/South Cul de sac - 64-foot right of way. " I C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 40 ki Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 8. Street right of way geometry for culs de sac, knuckle turns and corner cut- backs shall conform with Riverside County Standard Drawings #800, 801 and #805 respectively unless otherwise approved by the City Engineer. 9. Dedications or grants shall include additional widths as necessary for corner dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. If the City Engineer determines that street rights of way are necessary prior to development of this property, the applicant shall grant the rights of way within 60 days of written request by the City. 11. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if a meandering wall design is used): A. Hwy 1 1 1 - Fifty feet B. Adams Street, Dune Palms Road, Industrial Road, and Cul De Sac - Ten Feet Setback requirements apply to all frontage including sites dedicated or granted for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate or grant blanket easements for those purposes. 12. The applicant shall dedicate or grant easements necessary for placement of and access to utility lines and structures. 13. The applicant shall dedicate or grant abutter's rights of access to public streets from all frontage except access points shown on the approved site plan. 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. 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise 720 CAMy Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 030 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 15. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 16. When final public street plans are approved by the City, the applicant shall furnish accurate Auto cad files of the approved plans on storage media acceptable to the City Engineer. The files shall utilize standard Auto cad menu items so they may be fully retrieved into a basic Auto cad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in Auto cad or a file format which can be converted to Auto cad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 17. Depending on the timing of development of the specific plan area and the status of off -site improvements at that time, the applicant may be required to construct improvements, to reimburse others who construct improvements that are obligations of this development, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to their construction by the applicant, the Applicant shall reimburse the City for the cost of those improvements. 18. Prior to issuance of a permit for on -site grading or building construction, the applicant shall construct improvements and satisfy obligations required by these conditions, Caltrans and/or utility authorities or furnish an executed, secured agreement to do. For secured agreements, security provided, and the release 721 thereof, shall conform with Chapter 13, LQMC. 031 C:\Mv Documents\WPDOCS\SP99036-c.ofa.wodCCwod7.wod Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 19. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. 20. If on -site improvements are phased with multiple administrative approvals (e.g., Site Development Permits or maps), all obligations for public improvements shall be satisfied or secured prior to approval of the first phase unless otherwise approved by the City Engineer. 21. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. GRADING 22. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. 23. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 24. The applicant shall endeavor to minimize differences in elevation at abutting properties. 25. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the City, in an amount sufficient to guarantee compliance with the provisions of the permit. U32 722 C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 26. The applicant shall maintain cleared or graded land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 27. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE 28. The tributary drainage area shall extend to the centerline of adjacent public streets. 29. Storm drainage historically received from adjoining property shall be retained on site or disposed of in the same manner as on -site storm runoff. 30. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 31. If the applicant proposes discharge of stormwater to the Whitewater Drainage Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's effluent 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 issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest of land within the specific plan area excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification and the assignment of responsibility (if any) shall be acceptable to the City Attorney. UTILITIES 32. The applicant shall comply with legally -enforceable requirements of utility authorities. C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 033 '`3 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 33. The applicant shall obtain the approval of the City Engineer for the location of all proposed utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 34. Existing aerial utilities and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 35. 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 trench compaction. STREET AND TRAFFIC IMPROVEMENTS 36. The City is contemplating adoption of a revised infrastructure fee program. Any property within this specific plan which has not received final development approval when the program takes effect may be subject to the program as determined by the City. 37. The applicant is responsible for the following street improvements which shall conform with the General Plan street type noted in parentheses. Dimensions and features shall conform with the City's General Plan in effect at the time of construction if different from those listed. A. Highway 1 1 1 - The north half (58 feet) of a 1 16-foot street improvement including landscape median, fifty percent of the traffic signal modification at the project main entry and an eight -foot sidewalk. .. .. . . ... . ... . . . .. ME 111.1 ... ... WIVIN C. Dune Palms Road - Construct half -width street improvement plus eight - foot sidewalk. Half street shall be 48-feet from the Highway 1 1 1 curb return to a point 285 feet north and from that point taper 55:1 northerly to 32-foot width. The applicant shall re -stripe traffic lanes and modify 774 C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 034 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 the traffic signal at this intersection as required including, but not necessarily limited to, installation, relocation or reconfiguration of poles, arms, heads, and traffic sensor loops. D. Industrial Road - 40-foot travel width (between curb faces) from Adams Street to east boundary of hotel site and 50 feet thereafter plus 5-foot sidewalks. The applicant shall have full responsibility for any required traffic signals or a fair share responsibility if adjacent developments utilize signals for access. If right of way is available across the "Not A Part" property, the applicant may be required to construct that portion of the road subject to reimbursement. If not available, the applicant shall construct cuts de sacs at the industrial road's termini at that property. E. Bike Path - Construct a Class A Bike Path along the south embankment of the Whitewater Storm Channel (within the Channel right of way) from Adams Street to Dune Palms Road along the project property line, subject to CVWD approval. F. Parking Lot - The on -site parking lot shall conform with the provisions of the LQMC, General Plan and Zoning Ordinance unless otherwise specified in the Specific Plan. Bus turnouts, dedicated turn lanes and other features in the approved plans may warrant additional street widths as deemed necessary by the City Engineer. 38. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets and parking areas shall be stamped and signed by qualified engineers. 39. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 40. The applicant may be required to extend improvements beyond development 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). 41. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs, and sidewalks. Mid -block street lighting is not required. 4 7 r 035 C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 42. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be equivalent to the following: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 43. 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. 44. General access points, turning movements of traffic and internal circulation are subject to the following: A. Main Project Entry - On Highway 1 1 1 midway between Adams Street and Dune Palms Road and aligning with the Auto Center's main entry on south side of Highway 1 1 1 - Full turning movements allowed with traffic signal installation. B. Secondary Accesses on Highway 111 - As allowed by Caltrans and approved by the City Engineer. Right-in/right-out only. Minimum spacing of 250 feet between curb returns of any adjacent driveways or streets. City staff shall support the applicant's efforts to add a driveway in excess of the CalTrans standard. D. Access Drive on Dune Palms Road - Minimum spacing of 250 feet between the access drive curb return and the Hwy 1 1 1 curb return. E. Access drives from arterial highways (Highway 1 1 1, Adams Street and Dune Palms Road) shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of J@ 82 feet from the 726 C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 036 36 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 curbface of the anerial highways Highway 111, and 50 feet from the curbface of Dune Palms Road. The hotel site is subject to the conditions of Specific Plan 98-033 which, for that parcel, take precedence over these conditions F. Industrial Road - Access locations as depicted in the Specific Plan. Access drive geometries shall comply with current City standards and policies. 45. The applicant shall submit an interior circulation plan for review and approval of the City Engineer. The plan shall be drawn to scale and include dimensions, curve data and corner radii for main interior circulation routes. 46. Prior to approval of any final map that subdivides land, or any lot line adjustment that adjusts the size of existing lots with the Specific Plan area, reciprocal access easements shall be provided as necessary to implement the circulation patterns approved by the Specific Plan. The easterly portion of the Specific Plan area shall provide at least two internal access routes within the parking lots leading to the abutting property located to the west which is not a part of this Specific Plan. If the applicant desires to construct *an access route to the signal on Highway 1 1 1 at La Quinta Drive, the applicant shall obtain an executed reciprocal access easement and agreement. The location and language of the access easement shall meet the approval of the City Engineer and the City Attorney. The easement provision may include a requirement for the abutting property owners to reimburse the applicant a pro-rata share of the commercially reasonable cost of construction and maintenance of the shared access routes (including signal if applicable). Such provisions shall provide for arbitration of disputes regarding the provision of the agreement. LANDSCAPING 47. The applicant shall provide landscaping in required setbacks. 48. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans to the Community Development Department. When plans are approved, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to final signing by the City.1,27 �. C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 037 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 50. he applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 52. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 53. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. 54. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all public improvement plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 55. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, sidewalks, and drainage outfalls. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 56. The applicant shall pay the City's established fees for plan checking construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 03g C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd Conditions of Approval Specific Plan 99-036 - La auinta Corporate Center September 7, 1999 FIRE DEPARTMENT CONDITIONS 57. All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriated sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 58. All roads need to be a minimum of 20 feet unobstructed width for emergency access. 59. Specific access plans shall be submitted for review. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 60. Any Site Development Permit applications submitted to the City for review shall substantially conform to the text and exhibits contained in the Specific Plan. 61. Any land use or combination of land uses proposed for the regional commercial portion of the site shall demonstrate, as part of the Site Development Permit process, that the development standards and square footage for the proposed land use or group of land uses will not exceed the square footage specified on page 3 of the Specific Plan, Section 1.20.2. In addition, any industrial lot developed in Planning Area 1 shall conform to the development standards contained in the Zoning Ordinance. Should a land use or group of land uses exceed the maximum square footage shown on page 3 of the Specific Plan for commercial uses, or in the Zoning Ordinance for industrial uses, a Specific Plan amendment and associated environmental review shall be required. 62. The maximum square footage proposed for the project shall not exceed 0.35 FAR cumulatively. Each proposed land use, or phase of land uses, shall demonstrate their conformance with the FAR requirement as part of the Site Development Permit process. 63. The two-story portion of the 53,000 square foot office building in Planning Area 4 shall be located a minimum of 150 feet from the Highway 1 1 1 property line. The building height may be reduced to a maximum of 22 feet in height, to conform with the standards for primary image corridors. 64. Parking for each proposed phase or building of the proposed project shall conform to the City's Zoning standards in effect at the time of Site Development Permit review. Parking requirements shall be reviewed with each Site Development Permit application. Should shared or reduced parking be requested, calculations for same shall conform to the City's formulas and C:\My Documents\WPDOCS\SP99036-c.ofa.wpdCCwpd7.wpd 7� J 039 Conditions of Approval Specific Plan 99-036 - La Quinta Corporate Center September 7, 1999 standards, as contained in the Zoning Ordinance. In no case shall parking for the regional commercial center be less than a total of 1,366 spaces, as required in the Specific Plan. 65. Each building or buildings proposed for construction shall be required to pay the school mitigation fee in effect at the time of construction, prior to the issuance of a building permit. 66. Prior to the approval of the first Site Development Permit, the project proponent shall establish or cause to be established, a property owner and/or tenant association, which will be responsible for the maintenance of parking areas, interior roadways, sidewalks, landscaping and other common area amenities. 67. Signage shown in the specific Plan for the Hotel 1 1 1 site (approved separately as SP 98-033), located adjacent to Specific Plan 99-036 to the west, at the northeast corner of Adams Street and Highway 1 1 1, shall not be part of this approval. All references to signage on this parcel shall be removed from the text Specific Plan 99-036. 68. The signage program and associated exhibits shall be modified to reflect the following: A. Sign A shall be eliminated unless access at the proposed sign location is granted by CalTrans. B. Sign D shall not exceed 100 s.f. In total area. C. Sign G shall not exceed 100 s.f. In total area. D. Sign F shall not exceed 50 s.f. In total area. E. No additional monument signs shall be permitted. F. All tenants shall be permitted one wall -mounted sign and one under - canopy sign meeting the regulations of Section 9.160 of the Municipal Code. G. Gasoline ID and price signs, meeting the regulations of Section 9.160 of the Municipal Code. All proposed signs shall be made a part of the Site Development Permit under which the sign will be constructed. All Site Development Permit applications involving signage shall submit an analysis which demonstrates consistency with this condition of approval. 69. Any area of the site which is graded but which is not to be developed as part of the phase under construction shall be turfed to limit blowsand hazard and provide an aesthetically pleasing vista. 730 70. The applicant shall comply with the mitigation measures contained in EA 99- 383. non C:\Mv Documents\WPDOCS\SP99036-c.ofa.wodCCwod7.wod 731 31 04� ATTACHMENT #2 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA August 19, 1999 This meeting of the Historic Preservation Commission was cVEd to order by Chairman Robert Wright at 3:35 p.m. who led the flag salzIrwin, 1 call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Bhell, and Chairman RobertWright. Absent: It was movejo5nd seconded by Commissioners Irwin/Mitchell to excuse Commissi rs Vossler and Puente. Unanimously approved. Staff Present: Plannj�fg Manager Christine di Iorio and Principal Planner Stan Sawa. II. PUBLIC COMVENT: None. III. CONFI ION OF THE AGENDA: A. lanning Manager Christine di Iorio asked that an emergency item be added to the agenda. Interim report on the Base Archaeological Test Program for the Whitewater River between Washington Street and Adams Street. B. There being no further changes to the agenda, it was moved and seconded by Commissioners Irwin/Mitchell to approve the agenda as amended. Unanimously approved. IV. CONSENT CALENDAR: of June 17, 1999, as submitted. Unanimously approved. V. BUSINESS ITEMS A. Environmental Assessment 98- 383: Phase II Archaeological Assessment of Specific �s Plan 99-036 located northwest of the intersection of Highway 111 and Dune Palms Road. Applicant: Troll-Woodpark Company. Archaeological Consultant: CRM Tech, Bruce Love. 043 732 CAMy Documents\WPDOCS\HPC8-19-99.wpd -I- Historic Preservation Commission Minutes August 19, 1999 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin asked staff to identify what portion of the sites were the Commission discussing. For instance, where is the floor and chimney site. Staff stated it was on the east side of the project area. Discussion followed regarding the location of the archaeological sites on the map. 3. Mr. Bruce Love explained how the site was found and the methods that were used to determine the sites. He further explained this site was unique as it is in the original context and not one that had been uncovered after years of blowing sand and debris. He explained the deposits that had been found and their significance. In regard to preservation of these important cultural resources, there are two methods to consider: preserve in place under the parking lot, or 100 percent excavation of all the materials. In his recommendation, he suggested recovery. He could argue either side. In speaking with the Native American representatives, however, they all agreed with recovery and he deferred to their recommendation. 4. Mr. Marc Benitiz, 84,245 Indio Springs Drive, stated that in observance of mitigation of the site, they would like to retain what has been found so there is no possibility of losing any of the material. There is always a possibility of losing material in the future when a remodeling or similar change takes place where the owners or staff are unaware of the site. The attitude regarding archaeological finds can change over time and they do not want to take the chance that the artifacts could be lost. 5. Mr. Adrian Duro, 53-771 Monroe Street, Thermal, stated the information that has been found is important to him and his people and he would he would like to have the opportunity to learn from what can be recovered. i 6. Mr. Joe Loya, 63-832 Landon Lane, a member of the Torres Martinez Indian Tribe, thanked the Commission for having an open door policy and the desire to establish communication with the different Tribes in the Valley. The reports speaks of three Tribes not just one. To not be sensitive to these tribes would not be to the benefit of the City or the Tribes. The responsibility of these finds is up to this City and they appreciate the opportunity to speak their mind. 7. Mr. George Auclair, 68-327 Landon Lane, also a member of the Torres Martinez Indian Tribe, stated his concern about the local people finding out about the site and the artifacts are lost. They would like to find out what is there. ! 3 C:\My Documents\WPDOCS\HPC8-19-99.wpd -2- 044 Historic Preservation Commission Minutes August 19, 1999 8. Mr. Gary Resvaloso, 66-750 Martinez Road, spoke about his concern that over time they could lose the artifacts. 9. Mr. Marvin Roos, Mainiero Smith & Associates, introduced Ms. Margo Williams, the project planner for the project. Ms. Williams stated they had been working with the developers and engineers for the project. The preliminary grading would disturb the site. In order to preserve the site it will require five to ten feet of fill thereby raising the site, will raise the site considerably as well as cost to the project. It is their opinion that excavation of the site should be the recommendation. 10. Mr. Scott Gayner, representing the developer, stated they would like to adhere to the recommendation of the Tribes represented. It will benefit them as well as the Tribes. If the developer has to preserve the site, it could jeopardize the escrow and the building of the shopping center as well as the development of the site. Most developers do not want to deal with anything that is historically significant and in the middle of the site. They would therefore, like to subsidize the recovery of the site and once the artifacts have been removed, they would like to construct a monument commemorating what had been found there. 11. Commissioner Irwin stated she was torn between the two methods of mitigation. She would like to learn from the findings as well as preserve the site "in situ". The City has a strong stand for preservation and she could not see anything happening to the site even in the future. To hear the developer state they would be willing to pay the cost for full recovery causes a real dilemna. 12. Commissioner Mitchell stated that he had been in archaeology for 25 years and they have always tried to preserve any sites found. In this instance, he has to agree with Mr. Mark Benitez. It concerns him about capping this site as things do change. Generations change their attitude, or there could be a flood, or anything, and the site is forgotten and destroyed. He does have a concern about the mitigation of the site. Dr. Love states 100 percent. excavation of a 60 meter by 60 meter area that comes out to 2000 one meter square excavation units. General principles of archaeological dictate a sampling. Never is a whole entire archaeological site excavation unless it is a graveyard or something similar. The norm is five percent. In this excavation it would be approximately 100 excavation units which could randomly placed to get what the significance is. With 100 excavation units all the research design questions could be answered. His concern is that 100134 C:\My Documents\WPDOCS\HPC8-19-99.wpd -3- 045 Historic Preservation Commission Minutes August 19, 1999 percent is too much. Five percent would be more than enough to recover the significant areas and if more are found this could be changed. He cannot agree with the 100 units. Any more than five percent is up to the developer and Dr. Love. 13. Chairman Wright stated that not being an expert, he is very concerned about the cultural discovery that may be made at this site. This is not a case where capping will work. He has to agree with the Native American workers, that so much of history has been lost. Because of the shell found, he believes this is not only an archeological excavation but a cultural excavation. He therefore, concurs with Dr. Love and believes the entire site excavated. 14. Commissioner Irwin asked the developer what would happen to the items recovered. Mr. Gaynor stated they follow protocol regarding the items. Dr. Love stated the Cabazon Indian Tribe was in the process of building a museum for items such as these, and he also believes the Torres Martinez Tribe should have some input as to what would happen to the artifacts. 15. Commissioner Irwin asked if the artifacts would be open to the public and not just the local Tribes. Mr. Benitez stated it would be open to the public. Discussion followed as to what was currently done with artifacts. 16. Commissioner Irwin asked if the bones found were exclusively animal. Dr. Love stated they were only animal. 17. Commissioner Mitchell asked for an explanation of what 100 percent recovery would be. Dr. Love stated they would be remove the top meter mechanically to get down to the site and then do a surface scrap. Commissioner Mitchell stated some of the sites were not important for 100 percent recovery. Mr. Gaynor stated they were willing to pay for what was adequate to excavate whatever is significant. Discussion followed as to what is normal in excavating a site. 18. Commissioner Irwin stated she concurred with the excavation. 19. Commissioner Mitchell stated he believed that it was the Commission's obligation to abide by the request of the Native Americans. 20. It was moved and seconded by Commissioners Mitchell/Irwin to adopt Minute Motion 99-021 accepting the Cultural Resources Report as prepared by CRM Tech with the modification to the conditions to require a Data Recovery Plan for adequately recovering the scientifically consequential 3 Jr C:\My Documents\WPDOCS\HPC8-19-99.wpd -4- .046 Historic Preservation Commission Minutes August 19, 1999 information from or about the historic resource, shall be prepared and adopted by the Historic Preservation Commission prior to any excavation undertaken. Such studies shall be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions Section 7050.5 Health and Safety Code. Unanimously approved with Commissioners Puente and Vossler being absent. 21. Mr. Gaynor asked if this meant they could not start the project until this plans approved and the Commission only meets once a month. Chairman Wright stated they can have a special meeting to approve the plan when it is prepared. 22. Planning Manager Christine di Iorio asked if Dr. Love had listed his crew members in the report. Dr. Love stated he would see that they were. 23. Commissioner Irwin asked if the Commission would see the final report of what is found. Planning Manager di Iorio stated yes, this report will give the excavation plan to define the percentages of what they recommend. Usually the Conditions of Approval will require the final report be submitted prior to occupancy of the first building. This could be recommended to the Planning Commission as a condition. 24. Maker and second of the motion amended their motion to include the condition that this report would be submitted and approved prior to occupancy of the first building. Unanimously approved. Redevelopment Agency; located at the southwest corner of Washington Street Miles Avenue. Applicant: City of La Quinta Redevelopme e Archaeological Advisory Group. Consultant James Brock. Principal Planner Stan Sawa presented the staf ort, a copy of which is on file in the Community Development DejjOOMent. 2. Commissioner Irwin asked if es found were animal. Mr. Brock stated there is a potential for h ones, but they did not identify any as such to record this survey. missioner Irwin asked if they were under study at this time. Mr. ck stated that under a Phase I study you do not collect artifacts, should be addressed under Phase II. 3. �nissioner Mitchell stated he concurred with the report as submitted, , 1 C:\My Documents\WPDOCS\HPC8-19-99.WPd -5- 0 4 T ATTACHMENT #3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 24, 1999 I. CALL TO ORDER A. This meeting of the Planning Commissio Chairman Kirk who asked for the roll call. B. Present: Commissioners Jacques Abels, Richard Butler, S Chairman Tom Kirk. Chairman Kirk asked Commissioner A salute. It was moved and seconded by Commissioners Butle Commissioner Tyler. Unanimously approved. C. Staff present: Jerry Herman, Community Development e Honeywell, Planning Manager Christine dig Iorio, S for E contract planner Nicole Criste. II. PUBLIC COMMENT: None. III. CONFIRMATION OF TH IV. CONSENT ITEMS: A. Chairman Kirk ask "site" and V. PUBLIC HEARINGS: 7:00 P.M. by bins,_ and d the flag to excuse , City Attorney Dawn leer Steve Speer, and e ere were any corrections to the Minutes of July 27, 1999. ins asked that Page 9, Item 25 be corrected by deleting the word 11, Items 3 and 4 correct the spelling of Mr. John Shaw. ,d that Item I. B. be corrected to read "Chairman Kirk". There changes, it was moved and seconded by Commissioners rove the minutes as corrected. Unanimously approved. A. Environmental Assessment 99-383 and Specific Plan 99-036; a request of Troll- `mmmft Woodpark Development/Mainiero, Smith & Associates for the Certification of a Negative Declaration of Environmental Impact and approval of specific plan development standards and design guidelines on 36+ acres located northwest of the corner of Dune Palms Road and Highway 111 and the north side of Highway 111, east of Adams Street. Li ~3 7 CAMy Documents\WPDOCS\PC-8-24-99.wpd I Planning Commission Minutes August 24, 1999 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, copies of which are on file in the Community Development Department. Staff stated that an additional condition needed to be added regarding the reciprocal access for all adjacent properties: "Prior to approval of any final map that subdivides land, or any lot line adjustment that adjusts the size of existing lots, within the Specific Plan area, reciprocal access easements shall be provided as necessary to implement the circulation patterns approved by the Specific Plan. The easterly portion of the Specific Plan area shall provide at least two access routes leading to the abutting property located to the west which is not a part of this Specific Plan. If the applicant desires to construct an access route to the signal on Highway 111 at La Quinta Drive, the applicant shall obtain an executed reciprocal access easement and agreement. The location and language of the access easement shall meet the approval of the City Engineer and City Attorney. The easement provisions may include a requirement for the abutting property owners to reimburse the applicant a pro-rata share of the commercially reasonable cost of construction and maintenance of the shared access routes (including signal if applicable). Such provisions shall provide for arbitration of disputes regarding the provisions of the agreement." She then passed out a letter received from Caltrans requiring, a maximum of three access points to this development off Highway 111. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Butler asked if Highway 1 I l was under Caltrans jurisdiction or the Citys'. Senior Engineer Steve Speer stated that Highway 111 is under the jurisdiction of Caltrans. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, representing the applicant, presented their requested changes to the Conditions of Approval: Condition O.B. be deleted. Condition #7.D., amend to read, "the industrial road right of way be 64 feet in width for the entire length.". Condition #37.A., amend the condition to pro-rata their share of the modifications to the traffic signal. Condition #37.B. be deleted. Condition #37.D., amend to read, "the industrial road right of way be 64 feet in width for the entire length." Condition #44.B., requesting the City's assistance and support of their recommended access points along Highway 111. Condition #44.C. be deleted. Condition #44.E., the throats of the driveways along Highway 111 be reduced from 90 feet to 50 feet. Condition #72.A. be deleted. 4. Commissioner Kirk asked who issues encroachment permits along Hi&way 111. Staff stated they are issued by Caltrans. 73 S 049 C:\My Documents\WPDOCS\PC-8-24-99.wpd 2 Planning Commission Minutes August 24, 1999 5. Mr. Scott Gaynor, representing the developer, stated they want to retain all the accesses as shown on their site plan as they believe they are imperative for this development to survive. As a developer they are not requesting any assistance of the City and are looking forward to Council's consideration on September 7, 1999. As it relates to the monument signs, they believe it is imperative to have this exposure for their major tenants. 6. Mr. Marvin Roos, Mainiero, Smith & Associates, further elaborated on the issues regarding signage and their request. He also brought up the issue of Condition #37.E., the bikepath, and the fact that they are required to build the bikepath from Adams Street to Dune Palms Road including the property that is not a part of this development. In addition, he asked for clarification of the condition added by staff regarding the access points on the easterly portion of the specific plan. Senior Engineer Steve Speer addressed the issue of the bike path and the access by stating the bikepath within the CVWD right of way will extend from Adams Street along their frontage and will not include that portion that is "not a part" of their project, and the condition should be clarified to exclude the "not a part In regard to the access points within the project, the applicant should identify those areas and submit them to the City for staffs review. 7. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the issue for Commission discussion. 8. Chairman Kirk asked staff to clarify the issues addressed by the applicant. Senior Engineer Steve Speer went through the issues: Condition 7.B., is acceptable as requested by the applicant. Condition #7.D., is acceptable as requested by the applicant. Condition #37.A., should be modified to reflect that the applicant will be responsible for 50 percent of the signal modification. Conditions #37.B., #37.D., and #44.D. are all acceptable as requested by the applicant. Condition #44.B., staff had no comment. Condition #44.E., staff supports the 82 foot throat on Highway 111 and 50 foot throat on Dune Palms Road. Condition 68.A., staff does not support the applicant's request to keep the sign as it is not in conformance with the Zoning Code. The applicant indicated their concurrence with the changes as made by staff with the exception of Condition 68.A. 9. Commissioner Robbins pointed out that in Conditions #31 and #37.E. it refer to the "Channel" as the Whitewater Channel and should be corrected to read Coachella Valley Storm Water Channel. He further stated that on Page 7 of the Specific Plan the word "levee" should be changed to "Channel'. On Page 21, the reference to the storm water should be changed to Regional because !' -33 050 C:\My Documents\WPDOCS\PC-8-24-99.wpd 3 Planning Commission Minutes August 24, 1999 the City of La Quinta does not have a storm water program. Page 23 the reference to Palm Desert Waste Management should be changed to Waste Management of the Desert. 10. Commissioner Abels stated he approved of the project and looked forward to its development. 11. Commissioner Butler stated his concern with the square footage being requested for the monument signs along Highway Ill as well as the possibility of a four story office building along Highway 111 also, with the potential for a number of signs. 12. Chairman Kirk asked staff whether or not the "not a part" could be made part of the specific plan. The City Attorney indicated it could of been required to be a part. Community Development Director Jerry Herman indicated further that the Mannino family, the property owners, expressed their desire to not be a part because they had a potential large developer. 13. Chairman Kirk indicated that if the additional access is granted by Caltrans, then sign "A" should be allowed to remain. 14. There being _ no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-062 recommending Certification of Environmental Assessment 99-383. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, and Chairman Kirk. NOES: None. ABSENT: Commissioner Tyler. ABSTAIN: None. 15. There being no discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99-063 recommending approval of Specific Plan 99-036, as modified: a. Condition #7.B. be deleted. b. Condition #7.D. amend to read, "the industrial road right of way be 64 feet in width for the entire length.". C. Condition #37.A. amend the condition to prorate their share of the modifications to the traffic signal. d. Condition #37.B. be deleted. e. Condition #37.D. amend to read, "the industrial road right of way be 64 feet in width for the entire length." f. Condition #44.B. requesting the City's assistance and support of their recommended access points along Highway 111. Condition #44.C. be deleted. Condition #44.E. the throats of the driveways along Highway 111 be reduced from 90 feet to 50 feet. Condition #72.A. be deleted. 051 0 �A nn ..._a a !4o Planning Commission Minutes August 24, 1999 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, and Chairman Kirk. NOES: None. ABSENT: Commissioner Tyler. ABSTAIN: None. 99-U15 Amendment #1 and Nlte 1Jev - ; a request of Forrest Haag representing KSL Land Corporation for the a val of a specific plan amendment to reduce dwelling units from 365 to and create development standards and approval of architectural and lan ping plans for clubhouse and golf course maintenance facility located wit ' the Norman Golf Course on the north side of Airport Boulevard between Ma ' n Street and Monroe Street. 1. Chairman Kirk opened the public hearing d asked for the staff report. Planning Manager Christine di Iorio prese ed the information contained in the staff report, copies of which are on f' in the Community Development Department. Staff requested the foil o ng condition changes: a. Condition #22. Delete. b. Condition #24. Chang mergency only to secondary access. C. Condition #43. Elimi to the Architectural and Landscaping Review Committee and PI ng Commissionreview process and change to require Commun' Development and Public Works Department approval. d. Condition #4 Delete. e. Condition # . Eliminate the Architectural and Landscaping Review Committe d Planning Commission review process and change to require ommunity Development and Public Works Department appro f. Con ion #59: Delete. 2`. There b g no questions of staff, Chairman Kirk asked if the applicant would e to address the Commission. Mr. Forrest Haag, representing KSL Lan evelopment, requested a change to Condition #56 to increase the n erof units from 189 to 220. 3. here being no further questions of the applicant, Chairman Kirk asked if «anyone else would like to address the Commission on this project. There being no further public comment, Chairman Kirk closed the public rtici ation ortion of the hearing and opened the issue for Commission discussion. 5. There being no discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 99-064 recommending approval of Specific Plan 99-015 Amendment 42 as modified: 441 C:\My Documents\WPD0CS\PC-8-24-99.wpd 5 V T-dy 4 4Qgutw COUNCIL/RDA MEETING DATE: September 7, 1999 Public Hearing on Specific Plan 90-015, Amendment #2, a Request to Reduce Dwelling Units From 365 to 320 and Create Development Standards, Located on the North Side of Airport Boulevard, Between Madison Street and Monroe Street. Applicant: Forrest Haag for KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 4L- Adopt a Resolution of the City Council approving Specific Plan 90-015, Amendment #2, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project History In December, 1991, the City Council approved Specific Plan 90-015, located on the north side of Airport Boulevard, between Madison Street and Monroe Street (Attachment 1). Amendment #1 was approved by the City Council on December 1, 1998, retaining the 18 hole golf course, reducing the maximum dwelling units from 1,060 to 365, revising the layout and circulation, and amending development standards. Tentative Tract 29136, subdividing the golf course from the residential areas, was approved by the City Council on May 18, 1999. Tentative Tracts 29347, 29348, and 29349 were approved by the City Council on August 3, 1999, permitting 189 residential lots. Currently, the golf course is under construction. i41� P:\STAN\sp 90-015 Amd #2 CC Rpt.wpd Environmental Considerations An Environmental Impact Report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment Addendum to the previously approved Environmental Impact Report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report pursuant to Public Resources Code 21166. Project Request Amendment #2 to the specific plan reduces the number of allowable residential units from the approved 365 to 320 and provides a comprehensive document with development standards for future construction of the project (Attachment 2). The plan includes an 18 hole golf course, clubhouse, maintenance building, several well sites, and 320 residential lots. The plan uses a series of loop streets, with access to Airport Boulevard, Monroe Street, and Madison Street (approved in Amendment #1 as emergency only). The specific plan coincides with Tentative Tracts 29347, 29348, and 29349, approved on August 3, 1999, by the City Council. Issues Statement Standard The specific plan amendment is suitable and appropriate in that the proposed amendment to reduce the number of units creates a low density project similar to the adjacent PGA West Golf Resort community. Because the three approved tract maps for the entire project total 198 units, staff is recommending 100 less units, 220 rather than the 320 requested by the applicant (Condition #54). Public Notice This Tentative Tract Map application was advertised in the Desert Sun newspaper on August 26, 1999. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission reviewed this request at its meeting of August 24, 1999. The Commission unanimously adopted Resolution 99-064, recommending approval of this request, subject to the findings and recommended conditions (Attachment 3). The Commission also approved the site development permit consisting of the development plans for the maintenance and clubhouse buildings. "1 4:� UO2 P:\STAN\sp 90-015 Amd #2 CC Rpt.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 90-015, Amendment #2, subject to the Findings and Conditions of Approval; or 2. Do not approve Specific Plan 90-015, Amendment #2; or 3. Provide staff with alternative direction. Respectfully submitted, Je ft Herman C mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan text (Large for City Council only) 3. Planning Commission minutes for the meeting of August 24, 1999 144 003 P:\STAN\sp 90-015 Amd #2 CC Rpt.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #2 TO A SPECIFIC PLAN ON THE NORTH SIDE OF AIRPORT BOULEVARD, BETWEEN MADISON AVENUE AND MONROE STREET. SPECIFIC PLAN 90-015, AMENDMENT #2 FORREST HAAG FOR KSL LAND CORPORATION WHEREAS, the City Council of the City of La Quinta, California, did on the 7TH day of September, 1999, hold a duly noticed Public Hearing to consider the request of FORREST HAAG for KSL Land Corporation for approval of Amendment #2 to Specific Plan 90-01 5 to allow reduction of the number of dwelling units from 365 to 320 and creation of development standards for land on the north side of Airport Boulevard, between Madison Avenue and Monroe Street, more particularly described as: A portion of Section 15, T6S, R7E, SBBM (Tentative Tract 29136) WHEREAS, the Planning Commission of the City of La Quinta did on the 24th day of August, 1999, hold a duly noticed public hearing to consider the above request to amend the aforementioned Specific Plan and adopted Planning Commission Resolution 99-064, recommending approval; and, WHEREAS, said Specific Plan Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has determined that this project is exempt per Public Resources Code Section 65457 (a). An Environmental Impact Report (EA 90-159 for SP 90-015) was certified on December 3, 1991, by the City Council. An Environmental Assessment addendum to the previously approved environmental impact report was completed for Amendment #1 which was approved by the City Council on December 1, 1998. No changed circumstances or conditions exist which would trigger the preparation of a subsequent environmental impact report pursuant to Public Resources Code 21 166; and, WHEREAS, at said Public Hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of the Specific Plan Amendment: 1. The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the residential and related recreational uses proposed are consistent with use of the site as stipulated in the General Plan. 0745 004 P:\STAN\sp 90-015 am #2 cc res.wpd Resolution 99- Specific Plan 90-015, Amendment #2 September 7, 1999 2. The Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare provided the revisions to the specific plan requested by the Coachella Valley Water District regarding water use and sanitation, and Public Works Department regarding access are implemented. 3. The Specific Plan Amendment will provide land use compatibility with zoning on adjacent properties in that the resulting residential and recreational uses are compatible with the adjacent zoning. 4. The Specific Plan Amendment is suitable and appropriate for the property in that a majority of the surrounding development is also low density with recreational amenities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby confirm the conclusion of the La Quinta Community Development Department that the project needs no further environmental assessment. 3. That it does hereby approve the above -described Amendment request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7tn day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN J. PENA, Mayor City of La Quinta, California N6 005 P:\STAN\sp 90-015 am #2 cc res.wpd Resolution 99- Specific Plan 90-015, Amendment #2 September 7, 1999 SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 47 006 P:\STAN\sp 90-015 am #2 cc res.wpd i43 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 90-015, AMENDMENT #2 SEPTEMBER 7, 1999 GENERAL CONDITIONS 1. The development shall comply with Specific Plan 90-015, Amendment #2, the Final EIR and the following conditions, which shall take precedence in the event of any conflicts with the provisions of the Specific Plan. 2. Exterior lighting for the project shall comply with the "Dark Sky" Lighting Ordinance.. Plans shall be approved by the Community Development Department prior to issuance of a building permit. 3. Prior to issuance of a building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following agencies: - City Fire Marshal - City of La Quinta Public Works Department - Community Development Department - Building and Safety Department - Coachella Valley Water District - Coachella Valley Unified School District - Imperial Irrigation District - Riverside County Road Department of Transportation - California Water Quality Control Board (CWQCB) Evidence of said permits or clearances from the above mentioned agencies shall be presented to the Building and Safety Department at the time of the application for a building permit for the use contemplated herewith. The applicant shall comply with applicable provisions of the City's NPDES Stormwater Discharge Permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 4. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. 14 j, 007 P:\STAN\sp 90-01 5 am #2 cc coa.wpd 1 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 5 . Construction shall comply with all local and State building code requirements as determined by the Building and Safety Director. 6. Prior to any initial final tract map approval, the applicant/developer shall prepare an overall plan or program for the provision of comfort station locations for all maintenance employees. This plan/program shall set forth requirements for on - site maintenance employee restroom facilities and how they will be provided for by the homeowner associations' subcontractors, for all contracted landscaping and other maintenance workers. Said plan/program shall indicate methods of providing such facilities, the parties responsible for so doing, and means for enforcement of procedures set forth in the plan/ program. 7. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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 tentative or final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 8. The applicant/developer shall submit an off -site improvements and on -site buildout phasing schedule and map at time of the first request to approve a final tract or parcel map. This schedule and map shall be subject to review and acceptance by the Public Works Department. ENVIRONMENTAL 9. All adopted mitigation measures, as recommended in the Draft/Final EIR, shall be incorporated into all future project approvals relating to SP 90-015 where applicable and/or feasible. It is understood that certain measures will not be applicable to certain site specific proposals, however, all development within the Specific Plan area shall be verified as in conformance with said Specific Plan and the mitigation adopted within the Draft/Final EIR. The Specific Plan Draft and Final EIR shall be used in the review of all project proposals in the SP 90015 area. Said mitigation measures are hereby incorporated into these conditions by reference. 10. Prior to any site disturbance, the applicant/developer shall initiate a lakebed delineation study, to be based upon the paleontological survey contained in the DEIR as Appendix "G". The study shall determine the extent of the ancient I5V P:\STAN\sp 90-015 am #2 cc coa.wpd 2 008 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 lakebed for purposes of implementing a pre -development data recovery program within the limits of the delineated lakebed. This delineation study shall be submitted to the City for monitoring approved and future area projects. If the developer of this project initiates development activity, then the predevelopment data recovery program shall be undertaken prior to any site disturbance. The applicant/developer may be reimbursed by other area developers within the area defined by the lakebed study. The applicant/developer shall propose a method of reimbursement (such as cost per impacted acre in the lakebed area, etc.) to the City for review/acceptance. Conversely, if other area developer(s) initiate development activity, and are similarly conditioned, this project will be required to reimburse said developers) in accordance with the provisions of a reimbursement program. If the program is undertaken by this project, then paleontological monitoring of grading shall be required for cuts made during construction activity. Full time monitoring shall be required, given the ubiquitous distribution of paleobiological remains on the project site. The mitigating shall be done under the supervision of a qualified vertebrate paleontologist knowledgeable in both paleontological and archaeological sampling techniques. This program shall include a report identifying contact personnel who will be working on -site, the proposed time schedule for grading monitoring, the qualifications of the persons assigned to do such monitoring and the method to be used in reporting on compliance to the City. This report shall be approved by the City prior to the developer authorizing any work on the program itself. 11. Applicant/Developer shall work with Waste Management of the Desert to implement provisions of AB 939 and AB 1462. The applicant/developer is required to work with Waste Management in setting up the following programs for this project: A. Developer shall prepare a plan to provide enlarged trash enclosures for inclusion of separate facilities for storage of recyclables such as glass, plastics, newsprint and aluminum cans. B. Developer shall provide proper on -site storage facilities within the project for green wastes associated with golf course and common area maintenance. Compostable materials shall be stored for pick-up by Waste Management, or an authorized hauler for transport to an appropriate facility. C. Curbside recycling service shall be provided in areas where no centFalized± a trash/recycling bins are provided or utilized. P:\STAN\sp 90-015 am #2 cc coa.wpd 3 009 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 FIRE MARSHAL 12. All water mains and fire hydrants providing the required fire flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 13. All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation. 14. The Homeowner's Association or appropriate community service district shall be responsible for the maintenance of the open space areas. Prior to approval of any development plan for lands adjacent to open space areas, a fire protection/vegetation management plan shall be submitted to the Fire Department for approval. 15. Specific access plans shall be submitted to the Fire Department for approval prior to approval of any development plans. COACHELLA VALLEY WATER DISTRICT 16. Specific Plan 90-015 is within Improvement District No. 1 of the Coachella Valley Water District (CVWD) for irrigation water service. Water from the Coachella Canal is available to the area. The developer shall primarily use this water for golf course and landscape irrigation. 17. Revisions to specific plan text as requested by Coachella Valley Water District in their letter dated August 12, 1999, on file in the Community Development Department, shall be incorporated into the final text. ELECTRIC UTILITIES 18. All existing and proposed electric power lines with 12,500 volts or less, which are adjacent to the proposed site or on -site, shall be installed in underground facilities as required by the City and Imperial Irrigation System. SCHOOLS 19. Impacts shall be mitigated in accordance with the provisions of AB 1,600, � J Section 53080 and 65995 of the Government Code or the then existing legislation and/or local ordinances adopted pursuant thereto or any applicable Mitigation Agreement entered into by the developer and the District. 01.0 P:\STAN\sp 90-015 am #2 cc coa.wpd 4 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 RECREATION 20. Applicant/Developer shall pay a parkland mitigation fee based upon a requirement of 3.10 acres, as determined based upon the La Quinta General Plan standards and the analysis in the staff report for SP 90-015. Determination of this fee shall be accomplished as set forth in Chapter 13.40 of the La Quinta Subdivision Ordinance. TRAFFIC/CIRCULATION IMPROVEMENTS 21. Applicant shall dedicate public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, and as required by the City Engineer, as follows: A. Madison Street - Primary Arterial, 55-foot half width; B. Monroe Street - Primary Arterial, 55-foot half width; C. Airport Boulevard - Primary Arterial, 55-foot half width; The public right of way shall be dedicated by grant deed within 180 days following City Council approval of the Specific Plan. 22. Improved landscaped setback lots of noted width adjacent to the following street right of ways shall be constructed with the adjacent street improvements as follows: A. Madison Street, 20-feet wide; B. Monroe Street, 25-feet wide. C. Airport Boulevard, 20-feet wide. The Madison Street setback lot shall include provision for an equestrian trail. Design of this trail shall be subject to review and acceptance of the Community Development Department and approval of the Architecture and Landscape Review Committee. 23. Vehicle access rights to Madison Street, Airport Boulevard and Monroe Street shall be vacated except for the two residential access streets on the Circulation Plan in the Specific Plan. Any vehicular access on Monroe Street shall be an "secondary only" access. 24. Turning movements of traffic accessing the residential Specific Plan areas frorp,J adjoining public streets shall be as follows: 011 P:\STAN\sp 90-015 am #2 cc coa.wpd 5 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 A. Madison Street 1. Residential Area Main Gate - Full turning movement permitted if the median opening approximately 1,000 feet to the north of this location is closed. B. Airport Boulevard Residential Secondary Gate - Full turning movement permitted. 25. The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land. If the ordinance is adopted, all land division maps prepared pursuant to this Specific Plan shall be subject to payment of fees, or construction of improvements in lieu of, as setforth in the ordinance, provided the ordinance is adopted 60 (days prior to recordation of the map. The fees shall be paid, or agreed to be paid, prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the cost of designing and installing traffic signals on off -site streets shall be as follows: A. Airport Boulevard/Madison Street: 25% fair share responsibility; B. Airport Boulevard/Monroe Street: 25% fair share responsibility; C. Airport Boulevard/Secondary Gate: 100% fair share responsibility; D. Madison Street/Main Gate: 100% responsibility, unless cost is shared with development across the street to the west. 26. The access location into the residential area on Madison Street shall be not less than 1200 feet from the Airport Boulevard centerline and no less than 1200 feet from the centerline of the existing approved northerly entry into PGA West from Madison Street. The access location into the residential secondary gate on Airport Boulevard shall be not less than 1200 feet from the Madison Street centerline. 27. Bus turnouts and bus waiting shelters shall be provided on Madison Street, Monroe Street, and Airport Boulevard as requested by SunLine Transit when street improvements are installed. Street improvement plans shall be reviewed by SunLine Transit Agency prior to final City approval. ! J 012 P:\STAN\sp 90-015 am #2 cc coa.wpd 6 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 28. All street improvements shall be installed in accordance with the General Plan, the La Quinta Municipal Code, adopted Standard Drawings, City Engineer's requirements and shall include all appurtenant components required by same. Miscellaneous incidental improvements and enhancements to existing improvements where joined by the new improvements shall be designed and constructed as required by the City Engineer to assure the new and existing improvements are appropriately integrated to provide a finished product that conforms with City standards and practices. This includes tapered off -site street transitions that extend beyond specific plan area boundaries and join the widened and existing street sections. The on- and off -site street improvements shall be phased as follows: A. East side of Madison Street north of Airport Boulevard and west half of Airport Boulevard - Secure street and perimeter improvements with first development approval or permit (golf, residential or other use) in the western half of the Specific Plan area. Construct prior to the opening of any permanent access drive in the western half of the S.P. area. The developer may seek City Council approval to defer construction of all or a portion of the improvements on either street until the improvements are warranted or until a permanent access drive is constructed on the street, at the City's discretion. B. East half of Airport Boulevard and Monroe Street - Secure street and perimeter improvements with first development approval or permit (golf, residential or other use) in the eastern half of the Specific Plan area. Construct street and perimeter improvements prior to the opening of any permanent non -emergency access drive in the eastern half of the S.P. area or when directed by the City, whichever comes first. The developer may seek City Council approval to defer construction of all or a portion of the improvements on either street until the improvements are warranted or until a permanent access drive is constructed on the street, at the City's discretion. C. Perimeter walls/fences not fronting public streets - Secure each half (west and east) with first development approval or permit (golf, residential or other use) in that half of the specific plan area. Construct with adjacent tracts or as directed by the City, whichever comes first. 29. The following specific street widths shall be constructed to conform with tt J� General Plan street type noted therewith: 013 P:\STAN\sp 90-015 am #2 cc coa.wpd 7 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 A. ON -SITE STREETS The minimum street width shall be 36 feet as measured between curb faces or flow lines except as follows: 1. Single -loaded residential streets - 32-feet minimum. 2. Streets may be constructed to minimum widths of 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, if there is adequate off-street parking for residents and visitors and the applicant provides for enforcement of the restrictions by the homeowners association. 3. Entry streets (divided) - 20-foot width between curb faces or flow lines for each section. B. OFF -SITE STREETS - The City is contemplating adoption of a major thoroughfare improvement ordinance which is intended to distribute the improvement cost of major thoroughfare construction evenly and fairly on undeveloped land at the time the land is subdivided or otherwise developed for beneficial use. If the ordinance is adopted, all land division Maps within this project shall be subject to exaction by said ordinance, provided the ordinance is adopted 60 days prior to recordation of the map. If in the event, the major thoroughfare improvement ordinance is not adopted, the off -site street improvements for this project shall be as follows: 1. Madison Street (portion contiguous to specific plan boundary) - Half - width Primary Arterial street improvements, 1 10-foot option. 2. Monroe Street (portion contiguous to specific plan boundary) - Half width Primary Arterial street improvements, 1 10-foot right of way option. 3. Airport Boulevard (portion contiguous to specific plan boundary) Half - width Primary Arterial street improvements, 1 10-foot right of way option. 30. An encroachment permit for work in any abutting local jurisdiction shall be secured prior to constructing or joining improvements. 014 P:\STAN\sp 90-015 am #2 cc coa.wpd 8 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 31. The applicant shall provide an overall plan illustrating or describing provisions to allow multiple modes of non -motor vehicle travel throughout the entire specific plan area. This plan may utilize combinations of golf cart paths and tunnels, pedestrian walks, bikeways, etc., to achieve this. These systems shall be designed to provide overall project access. This plan shall be submitted at the time of the initial tract map submittal, for review by the Planning Commission. HYDROLOGY/GRADING/DUST CONTROL 32. All project grading shall be done in, a manner that permits storm flow in excess of the retention basin capacity to flow out of the project through designated emergency overflow outlets and into the historic drainage relief route. Similarly, the project shall be graded in a manner that anticipates receiving storm flow from adjoining property at locations that has historically received flow. 33. Storm water run-off produced in 24 hours by a 100-year storm shall be retained on site in landscaped retention basins or other approved retention areas on the golf course. The maximum water depth for any retention area shall not exceed six feet; basin slopes shall not exceed 3:1. The percolation rate shall be considered to be zero inches per hour unless applicant provides site -specific data that indicates otherwise. Other requirements include, but are not limited to permanent irrigation improvements, landscape plants and materials, and appurtenant structural drainage amenities all of which shall be designed and constructed in accordance with requirements deemed necessary by the City Engineer. The tributary drainage area for which the applicant is responsible shall extend to the centerline of any public street contiguous to the site. 34. A thorough preliminary engineering, geological, and soils engineering investigation shall be conducted with a report submitted for review along with any rough grading plan in the specific plan area. The report recommendations shall be incorporated into the grading plan design prior to grading plan approval. The soils engineer and/or the engineering geologist must certify to the adequacy of the grading plan. 35. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. J P:\STAN\sp 90-015 am #2 cc coa.wpd 9 0 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 Prior to occupation of the project site for construction purposes, the Applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. In accordance with said Chapter, the Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 36. Applicant is encouraged to maintain all land within the project boundaries in agricultural status until such land is graded for development, provided that such agricultural production is economically feasible. In the event said undeveloped land is not continued or placed in agricultural production, applicant shall plan and maintain said land in appropriate ground cover to prevent dust and erosion and to provide an aesthetically pleasing environment. QUALITY ASSURANCE 37. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 38. The subdivider shall arrange and bear the cost of measurement, sampling and testing not included in the City's permit inspection program but, which are required by the City to provide evidence that materials and their placement comply with plans and specifications. Testing shall include a retention basin sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 39. The applicant shall employ or retain California registered civil engineers, geotechnical engineers, or surveyors, as appropriate, who will provide, or have their agents provide, sufficient supervision and verification of the construction to be able to furnish and sign accurate record drawings. 40. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet of the drawings shall have the words "Record Drawings," "As -Built" or "As -Constructed" clearly marked on each sheet and be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the plan computer files previously submitted to the City to reflect the as -constructed condition. LAND USE 41. Street dedications, bikeways, easements, improvements, landscaping with permanent irrigation system and screening, etc., to satisfaction of City, shall be provided by applicant/developer for any site(s) where dedication of land for public utilities and/or facilities is required. 1 i P:\STAN\so 90-015 am #2 cc coa.wod 10 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 42. Any proposed entry gates shall be subject to separate reviews to insure adequate stacking/queuing space, fire access, etc. Plans including guard houses or similar structures will also be subject to Community Development Department approval. 43. Building heights for residential uses shall be subject to height limits specified in the Specific Plan, except that no building or structure, regardless of use, exceeding one story (28 feet in height), shall be allowed within 200 feet of any perimeter public street frontage. All building heights shall be measured from finished grade elevation. All other residential structures shall be limited to two stories, not to exceed 28 feet. 44. Perimeter security walls shall be subject to the following standards: A. Setback from right-of-way lines along Madison Street, Monroe Street and Airport Boulevard shall be 20 feet. A meandering wall shall be permitted with Community Development Department approval. B. All wall designs, including location and materials, shall be subject to review by the Community Development Department. Wall design(s) along Madison Street shall include any necessary provisions /allowances for equestrian trail areas as required in Condition #22. C. Perimeter wall designs shall incorporate noise abatement requirements as set forth in the Final EIR for SP 90-015. 45. A six foot wide meandering sidewalk shall be constructed in the northerly, easterly, and westerly parkways and landscape setback lots of Airport Boulevard, Madison Street, and Monroe Street, respectively. Sidewalk design along Madison Street shall take into account the required equestrian trail. 46. Applicant shall provide a blanket easement that covers the entire landscaped setback lots for the purpose of a meandering public sidewalk on all streets and equestrian trail along Madison Street. 47. The text shall be revised to include the water well site and street layout approved with Tentative Tract 29347. LANDSCAPING REQUIREMENTS J� 48. Landscape and irrigation plans shall be prepared by a licensed landscape architect for the landscaped lots. The plans and proposed landscaping 017 P:\STAN\sp 90-015 am #2 cc coa.wod 11 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 improvements shall be in conformance with requirements of the Community Development Director, City Engineer, and Coachella Valley Water District and the plans shall be signed these officials prior to construction. 49. The applicant/developer shall prepare detailed irrigation and landscaping plans for required perimeter landscaped setbacks along arterial roadways. These plans shall be coordinated with the street improvement plans for the corresponding arterials, and shall be subject to review by the Community Development and Public Works Departments. 50. The Potential Plant Material Pallette shall be revised to emphasize those plants . shown on the clubhouse landscape plans. 51. Prior to the approval of building permits, the applicant shall prepare a water conservation plan which shall include consideration of: A. Methods to minimize the consumption of water, including water saving features incorporated into the design of the structures, the use of drought tolerant and low-water usage landscaping materials, and programs to increase the effectiveness of landscape and golf course irrigation, as recommended by Coachella Valley Water District and the State Department of Water Resources. MAINTENANCE 52. Applicant shall provide an Executive Summary Maintenance Booklet for the street, landscape irrigation, perimeter wall, and drainage facilities installed in the Specific Plan area. The booklet should include drawings of the facilities, recommended maintenance procedures and frequency, and a costing algorithm with fixed and variable factors to assist the homeowner's association in planning for routine and long term maintenance. MISCELLANEOUS 53. Five Copies of the final Specific Plan, incorporating all conditions of approval and revisions, as approved by the City Council, shall be submitted to the Community Development Department within 60 days of approval or prior to issuance of building permits for residential units, whichever comes first. 54. The specific plan approved number of dwelling units shall be revised from _32G �, © to 220. 018 P:\STAN\so 90-015 am #2 cc coa.wod 12 Resolution 99- Conditions of Approval - Recommended Specific Plan 90-015, Amendment #2 September 7, 1999 55. The specific plan text shall be revised to include Australian territorial as an acceptable architectural theme for residential development 56. Developer to construct a tunnel underpass for golf carts under either Airport Boulevard or Madison Street, contingent on costs not exceeding $500,000.00 and permission from all property owners and easement owners for access for construction. Completion of tunnel shall be within two years of all required tentative tract map approvals. City shall use best efforts for processing and assisting with road closure during construction. 019 P:\STAN\so 90-015 am #2 cc coa.wod 13 L GASt MAP � ATTACHMENT #3 Planning Commission Minutes August 24, 1999 NOES: None. ABS r y er. STAIN: None. B. Specific Plan 99-015 Amendment #2 and Site Development Permit 99-653 ; a request of Forrest Haag representing KSL Land Corporation for the approval of a specific plan amendment to reduce dwelling units from 365 to 320 and create development standards and approval of architectural and landscaping plans for clubhouse and golf course maintenance facility located within the Norman Golf Course on the north side of Airport Boulevard between Madison Street and Monroe Street. 1. Chairman Kirk opened the public -.hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, copies of which are on file in the Community Development Department. Staff requested the following condition changes: a. Condition #22. Delete. b. Condition #24. Change emergency only to secondary access. C. Condition #43. Eliminate the Architectural and Landscaping Review Committee and Planning Commission review process and change to require Community Development and Public Works Department approval. d. Condition #44. Delete. e. Condition #51. Eliminate the Architectural and Landscaping Review Committee and Planning Commission review process and change to require Community Development and Public Works Department approval. f. Condition #59: Delete. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Land Development, requested a change to Condition #56 to increase the numberof units from 189 to 220. 3. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this project. 4. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the issue for Commission discussion. 5. There being no discussion, it was moved and seconded by Commissioners 163 Robbins/Butler to adopt Planning Commission Resolution 99-064 recommending approval of Specific Plan 99-015 Amendment #2 as modified: C:\My Documents\WPDOCS\PC-8-24-99.wpd Planning Commission Minutes August 24, 1999 a. Condition #22. Delete. b. Condition #24. Change emergency only to secondary access. C. Condition #43. Eliminate the Architectural and Landscaping Review Committee and Planning Commission review process and change to require Community Development and Public Works Department to approval. d. Condition #44. Delete. e. Condition #51. Eliminate the Architectural and Landscaping Review Committee and Planning Commission review process and change to require Community Development and Public Works Department to approval. f. Condition #56. Change the number of units from 189 to 220. g. Condition #59: Delete. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, and Chairman Kirk. NOES: None. ABSENT: Commissioner Tyler. ABSTAIN: None 6. It was moved and seconded by Commissioners Butler/Robbins to adopt Planning Commission Resolution 99-065 approving Site Development Permit 99-653, as recommended. ROLL CALL: AYES: Commissioners Abels,; Butler, Robbins, and Chairman Kirk. NOES: None. ABSENT: Commissioner Tyler. ABSTAIN: None. USINESS ITEMS: A. lan 1212 lcatoff994737, Inc. for the Approval of a deviation to an approved sign program to permit co rate signs and logo located' at 78-630 Highway 111, within the One Elev a Quinta Shopping Center (formerly Albertsons) 1. Chairman Kirk asked for the staff report. Planni anager Christine di Iorio presented the information contained in the s f report, a copy of which is on file in the Community Development 94artment. 2. There being no questions o aff, Chairman Kirk asked if the applicant would like to address the ommission. Mr. Scott Limbacher introduced the members of the dev pment team and asked the Commission to approve the project as sub ed. Mr. Mike Birdsell, Ontario Neon Sign Company, indicated t had installed over 100 signed in stores throughout Southern Califo and the applicant had always used their logo. 3. ere being no further public comment, Chairman Kirk closed the public participation and opened the issue for Commission discussion. C:\My Documents\WPDOCS\PC-8-24-99.wpd 6 0 U � ti OF TNAGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: September 7, 1999 CONSENT CALENDAR: ITEM TITLE: Adoption of Resolutions of Necessity to STUDY SESSION: Acquire Certain Properties Necessary to Construct Jefferson Street Improvements, Phase I from Avenue PUBLIC HEARING: 54 to Highway 1 1 1 Adopt the attached Resolutions of Necessity to authorize acquisition of certain properties and easements necessary to construct Jefferson Street Improvements, Phase I from Avenue 54 to Highway 1 1 1. The projected project budget is $9,424,408.48. In accordance with the proposed "Amendment Number Two to the City of La Quinta - City of Indio - County of Riverside - CVAG Reimbursement Agreement and Memorandum of Understanding," the following represents the estimated funding contributions by each Agency: Agency CVAG (75%) City of La Quinta City of Indio County of Riverside TOTAL: Preliminary Design $450,000.00 $ 90,000.00 $57,000.00 $3,000.00 Final Design/Construction $1 1,296,245.00 $2,472,145.00 $1,293,270.00 $0.00 Total $1 1,746,245.00 $2,562,145.00 $1,350,270.00 $3,000.00 $600,000.00 $15,061,660.00 $15,661,660.00 The following revenue is available in the City's Fiscal Year 1999-2000 Operating Budget to cover the City of La Quinta's funding share: Infrastructure $2,882,008.00 SLTPP $1,299,992.00 766 TOTAL: $4,182,000.00 TAPWDEPT\COUNC L\1999\990907j.wpd The Cities of La Quinta and Indio have obtained State Local Transportation Partnership Program (SLTPP) Cycle 9 funding for these improvements. The City of La Quinta's maximum share of SLTPP funding is $1,299,992.57 for Jefferson Street between Avenue 48 and Avenue 54. The City of Indio's maximum share of SLTPP funding is $298,620.00 for the bridge improvements south of State Route 1 1 1 . None. On May 18, 1999, the City Council adopted a Resolution certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378 relating to the Jefferson Street widening project. Since then, staff has been investigating the potential acquisition of properties needed to accommodate the required right-of-way. Appraisals were secured and offer letters (based upon the property appraisals) were prepared and mailed certified to the respective property owners on August 9, 1999. Notices informing affected property owners of the City's intent to Adopt Resolutions of Necessity were mailed certified on August 18, 1999. The public interest and necessity requires that the Project, identified in the City's General Plan and specifically the Circulation Element, call for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and construct raised landscaped medians. The Project will be constructed in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction. This will improve the levels of service and decrease idling, thereby, decreasing pollutant emissions. With the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected. The intent is to avoid as many impacts as possible to existing residences. rf6 TAMDEMCOU NCIL\ 1999\990907j. wpd The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate the increased street capacity. The offers required by Government Code Section 7267.2 have been made to the owners of record on August 9, 1999 by letters dated August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved by the City Council on May 18, 1999. Staff has reviewed the Negative Declaration and has determined that since the time of its certification, there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken; no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available; and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports. Therefore, staff recommends a finding that no further environmental review attending this proposed acquisition is necessary. The project has been reviewed and approved by the Planning Commission, and conforms to the requirements of the General Plan. The City Council hereby declares its intent to acquire permanent, perpetual easements and temporary construction easements, in the City's name in accordance with the provisions of the laws of the State of California. Alternatives available to the City Council include: 1. Adopt the attached Resolutions of Necessity to authorize acquisition of certain properties and easements necessary to construct Jefferson Street Improvements, Phase I from Avenue 54 to Highway 1 1 1; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vog Public Works Director/City Engineer 767 003 TAMD EMCOUNO L\ 1999\990907j. wpd Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Notices of Intent to Adopt Resolution of Necessity 768 )XII T:\PW DEPT\COUNCIL\ 1999\990907j. wpd RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-480-011, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 769-480-011, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for. the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes 769 005 Resolution 99- Jefferson Street Resolution of Necessity Adopted September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 769-480-011. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 7 i0 T:\PWDEPT\PROJEcr3\99Prjcte\99-05Jeff8t(59-IndBlvd)\ROW\3289797.Wpd 006 06 Resolution 99- Jefferson Street Resolution of Necessity Adopted September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 9,500 square feet of the Property, more specifically described and depicted in Exhibits "13-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "B-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in .terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen 0 4) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement of the work. T:\PWDEPT\PROJECPS\99Prjcte\99-05JeffSt(59-IndBlvd)\ROW\3289797.wpd 007 Resolution 99- Jefferson Street Resolution of Necessity Adopted September 7, 1999 Page 4 Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. 772 Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289797.wpd 0 0 8 Resolution 99- Jefferson Street Resolution of Necessity Adopted September 7, 1999 Page 5 Environmental Impact for Environmental Assessment 99-378,' approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. !!J T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289797.vpd 009 Resolution 99- Jefferson Street Resolution of Necessity Adopted September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City'Attorney City of La Quinta, California irk T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3209797.wpd 010 LEGAL DESCRIPTION RIGHT-OF-WAY (A P N 769-480-011): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF LOT 47 OF TRACT MAP NO. 24889 AS SHOWN BY MAP ON FILE IN BOOK 210, PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, BEING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID LOT 47; THENCE SOUTH 89052'01" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 47, A DISTANCE OF 130.91 FEET TO A POINT OF CUSP WITH A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 186.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 10026'15" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7504523", AN ARC DISTANCE OF 245.93 FEET; THENCE TANGENT TO SAID CURVE NORTH 03048'22" EAST, A DISTANCE OF 20.82 FEET TO A POINT ON THE EAST LINE OF SAID LOT 47; THENCE SOUTH 00011'49" EAST ALONG SAID EAST LINE, A DISTANCE OF 167.97 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 44050'06" WEST, A DISTANCE OF 32.55 FEET TO THE POINT OF BEGINNING. COMPRISING 6,870 SQUARE FEET, MORE OR LESS. LAND SU�� v Vo FRE N0 FA76 n F OF Oil EXHIBIT "A° AREA OF PROPOSED R/W - 6,870 S.F. LOT 47, TR . 24889, PER MB 210/38-52, A PORTION OF THE SE 1/4 OF SEC. 5, T.6 S., R.7 E., S.B.M. i o� I 0' 80' 160' 240' 320' i i SCALE i"=80' i I t 769-480-01i ! LOT 47 PTR 2116154 i W. LUSARDI ! N 10.26'15"W _� C/L 10' USA OR 90/285948 I i i i i i PR. 15' — l ESMT. t N 03.48' 22"E 20.82' �� --- u �l�l�Idru�luh�Ip�p�n4�9 R/W PER -� �- 130.91' - MB 210/38-52 S 89.52'018W 52ND AVENUE 0 w cc w Zi O .cc W u- W 7 I 60' w v 30' o ; F� N O Igo my v cn o 0 P.O.B. ho SEC. w5 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-480-011 In the City of La Quinta, County of Riverside, State of California, that portion of Lot 47 of Tract Map No. 24889 as shown by map on file in Book 210, Pages 38 through 52, inclusive, or maps, records of Riverside County, being in the Southeast quarter of the Southeast quarter of Section 5, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the most Southerly Southeast corner of said Lot 47; Thence South 89 °52'01" West along the Southerly line of said Lot 47,130.91 feet to a point of cusp with a non -tangent curve, concave Northwesterly and having a radius of 186.00 feet, a radial line from said point bears North 10°26'15" West, said point being the true point of beginning; thence along said curve northeasterly 245.93 feet through a central angle of 75°45'23'; thence tangent from said curve North 03°48'22" East, 20.82 feet; thence North 00°11'49" West, 301.23 feet; thence South 89°48'11" West,15.00 feet; thence South 00°11'49" East, 301.23 feet; thence South 03°54'44" West, 19.77 feet to a point on a non -tangent curve concave northwesterly and having a radius of 171.00 feet, a radial line of said curve from said point bears North 86°11'38" West; thence along said curve southwesterly 238.54 feet through a central angle of 79°55'38"; 777 013 Legal Description Temporary 15' Construction Easement APN 769-480-011 thence non -tangent from said curve South 00°07'59" East, 12.98 feet; thence North 89°52'01" East, 15.00 feet to the true point of beginning. Containing 8,553 square feet, more or less. H:\GRP70\PDATA\30147AOFFICE\WPWIN\Ugals\769-480-011.wpd August 3, 1999 JN 20-301477 Page 2 of 3 014 EXHIBIT "B"0 0 0' so, 160' 240, 32 SCALE 1' =80' .o LOT 47, TR. 24889, ��� o PER MB 210/38-52, as A PORTION OF THE SE 1 /4 OF SEC. 5, T. 6 S. , R. 7 E, Li S. B. M. Lw ®AREA OF PROPOSED A. P. N. 769-480-01 l L o TCE = 8, 553 S. F. PTR 2116154 o -®- co W. LUSARDI LOT 47 ARC TABLE ------------------------------------- NO. DELTA RADIUS LENGTH o ------------------------------------- o Cl 75°45'23" 186.00' 245.93' C2 79°55'38" 171.00' 238.54' cli Z LINE TABLE C7 NO. BEARING DISTANCE LL o P� LAND ----------------------- --- L� o SOON E sG L1 NO3°48'22"E 20 82' LLJ� ID s�0 9�, L2 N00° 1 1 '49"W 301 .23' < 0 L3 S89'48'11"W 15.00' a No.47 L4 S00°11'49"E 301.23' * Exp. L5 S03054'44"W 19.77' to L6 S00°07'59"E 12.98' L1 L7 N89°52'01"E 15.00' o L5 0 6 D' 3 SHEET 3 OF 3 SHEET �:� 30' ckoberc `ado c Pillism` %g (3 c/Rwoc:isrw )awu. EMIN03 s. rL,�S r Su�rrns �O o a 7+-+10 Maur 111, PALM MSM. MIMMu mw — O (no) ]N-7451 . M OW) 3o.43+e G� Z W v N 10' 26' 15' W G )n O ( ) UO C/L 10' USA aNi r OR 90/28594E z R/W PER L7 130.91 N 89' S2' 01'E o MB 210/38-52 J KT.P.0.8* 52ND AVENUE + P. a. c. b SE COR. SEC, 5 AUGUST 2, 1999 SCALE FIELD BOOK JOB NO. 1"=80' 1 301477 rn rn N O 00 0 0 0 1 0 a7 I rn co u- m of z 0 z / c� / �t O M Q Q 0 a 0 LO a fr c� .. J RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-290-010, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 769-290-010, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes 78 T:\PWDEPT\PROJECTS\99Prjctn\99-05JeffSt(54-IndBlvd)\ROW\3289882.wpd 016 16 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 769-290-010. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 781 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(59-IndBlvd)\ROW\3289882.wpd _ 017 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 14,000 square feet of the Property, more specifically described and depicted in Exhibits "B-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "B-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally 782 T:\PWDSPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289882.wN 018 Resolution 99- Jefferson street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the. greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section : The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, 783 T:\PWDEPT\PROJECTS\99Prjcts\99-OSJeffSt(54-IndBlvd)\ROW\3289882.wpd 0 19 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the. circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1" attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\ 3289882.wpd 0r �d© Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7' day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 785 T:\PWL)EPT\PROJECTS\99Prjcts\99-05JeffSt(54-Ind$lvd)\ROW\3289882.wpd 021 LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-290-010): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF- WAY LINE OF 53RD AVENUE AS DESCRIBED IN DEED RECORDED AUGUST 28, 1950 IN BOOK 1200, PAGE 259, O.R., AND THE EASTERLY RIGHT-OF-WAY LINE OF JEFFERSON STREET AS DESCRIBED IN INSTRUMENT NO. 200785, RECORDED JUNE 14, 1991, O.R.; THENCE NORTH 02012'15" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 24.22 FEET; THENCE SOUTH 4601956" EAST, A DISTANCE OF 34.77 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF 53RD AVENUE; THENCE SOUTH 89032'23",WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 24.22 FEET TO THE POINT OF BEGINNING. COMPRISING 293 SQUARE FEET, MORE OR LESS. LAND SUS` F< ANTHOW D. MADDOX O R. v. � NO. \OF C NL���Q` 780 022 0 0 + m co Q o d N cn 3 •� Q Z to . Z W W"Q 3 in N cu N 1 N N An, P.O.B EXHIBIT " A' , pIANDS�,�G c� Fes. o MANONY MADDOX !,9J 140.5476 c i F OF CAL\�� c i { 769-290-010 v PTR 2098465 u I LICHLITER o m � ' w J { U 1 Cn i i o �-- PR. 15' ESMT. 1 i { AREA OF PROPOSED i R/W m 293 S.F. A PORTION OF THE SW 1/4 OF SW 1/4 OF ' NW 1/4 OF SEC. 9, ' T.6 S., R.7 E., i S.B.M. 1 { S 45019'56"E 34.77' N'LY R/W PER DEED REC/ 8-28-50, IN BK. 1200. PG. 259, O.R. 4.22' S 89' 32' 23"W 53RD AVENUE 78 W 0 H/W EXH. LICHLITER 769-290-010 - 1625 (0, 2301 PF: 1221 8855 23-Jun-99 11:49 AM / 1221- Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 2 EXHIBIT "A Legal Description Temporary 15' Construction Easement APN 769=290-010 In the City of La Quinta, County of Riverside, State of California, that portion of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of the Northerly Right -of -Way line of 53'd Avenue as described in deed recorded August 28,1950 in Book 1200, Page 259, O.R., and the Easterly Right -of -Way line of Jefferson Street as described in Instrument No. 200785, recorded June 14, 1991, O.R.; thence North 02 ° 12'15" West along said Easterly Right -of -Way line, 24.22 feet to the true point of beginning; South 46019'56" East, 34.77 feet; thence North 89°32'23" East, 21.54 feet; thence North 46°19'56" West, 44.15 feet; thence North 02°12'15" West, 400.26 feet; thence South 89035'58" West, 15.01 feet; thence South 02°12'15" East406.81 feet to the true point of beginning. Containing 6,646 square feet, more or less. NIL LAl No.4725 W Exp.1 ,k 0('4 O v u r, W J a U 0 AUGUST 2, 1999 4 EXHIBIT "A" A P❑RTI❑N OF THE SW 1/4 OF SW 1/4 OF NW 1/4 OF SEC, 9, T. 6 S. , R. 7 E. , S. B. M. g AREA OF PROPOSED 2TCE = 6646 S.F. COURSE TABLE --------------------------- NO. BEARING DISTANCE --------------------------- L1 N89'32'23"E 21.54' L2 N46°19'56"W 34.77' L3 S02Al2'15"E 406.81' LJ L4 S89'35'58"W 15.01' L,J L5 NO2`12'15"W 400.26' cl� L6 N46019'56"W 44.15, E M J 0 Ln 769-290-010 J PTR 2098465 0Lri ciLICHLITER M rl M0 rn Z aa� [� s PR. 15' \ (V O wz� ESMT, 1-1 LIJ Y ~ � Z W Li W LI- L,J NIL LAND ❑ o S E'syp�L�< o �� Li60' a a No.4725 N in * * Exp.cu rn 0 N N N \� + o a pF C L�F `/ z z 0 T. P. 0• B. <0 N' LY R/W PER DEED z / <2 REC/ 8-28-50, IN BK 1200, PG. 259, 0. R. p L1 P. ❑. C. o 24. 22 N 89.32'23'E 53RD AVENUE to Q H SHEET 2 OF 2 SHEET o o 'webcxt ql mn cWllham`F vsr c` 62 mocu tes 0 / m ka �ESSIMAL o+c(1�• PLAWM & aRvcroRS 7W10 MIOI�AY 111, ►. <xi►aw5A meo FAX (700) 3N-7MI � FAR (7!0) ]M.L715 (M 1 / SCALE FIELD BOOK JOB NO. 1"=40' 301477 Unr r.J RESOLUTION NO. THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 769-230-019, 769-230-023, 769-230-030,769-240-017, 769-280-027, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel Nos. 769-230-019, 769-230-023, 769-230-030,769-240-017, and 769-280-027, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that n the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes T:TWDEPT\PROJECTS\99Prjcts%99-05JeffSt1541ndBlvdj\iOW\XOCHIMILCO.wpd 026 26 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No.769-230-019, 769-230-023, 769-230-030, 769-240-017, and 769-280-027. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately 119,850 square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. B. A Temporary Construction Easement in and over approximately 86,862 square feet of the Property, more specifically described and depicted in Exhibits "13-1 " and "13-2" hereto. The scope and terms of he Temporary Construction Easement shall consist of the interests described below: 791 T:\PWDEPT\PROJECTS\99Prjcts\88-05JeffSt(54-Ind Blvd)\ROVMOCHIMILCO.wpd 0 1 7 A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "B-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen 0 4) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4:. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve 792 T:TWDEPT\PROJECTS\99Prjcts\88-05JeffSt(541nd81vd)\ROW\XOCHIMILCO.wpd ry the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 199, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as 793 more particularly described in Exhibit "A-1 " attached hereto and a temporary T:\P W DEPT\PROJECTS\SBPrjcts\99-05JeffSt(54-IndlMvd)\RO W\XOCHIMILCO.wpd � to construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. ADOPTED this th day of , 1999. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF LA QUINTA, CALIFORNIA SAUNDRA L. JUHOLA JOHN J. PENA CITY CLERK MAYOR REVIEWED & APPROVED 794 T:IPWDEPT\PROJECTS\99Prjcts\99-05JeffSt154-Ind&vd)\RO WXXOCHIM ILCO.wpd �� J LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-230-019): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 8 AND A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE CENTERLINE OF JEFFERSON STREET AS SHOWN ON PARCEL MAP NO. 8961 ON FILE IN BOOK 44, PAGES 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 02012'15" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 25.04 FEET TO A POINT ON THE NORTH LINE OF PARCEL 1 OF THAT RIGHT- OF-WAY DEDICATION RECORDED APRIL 7, 1999 AS INSTRUMENT NO. 147656 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL 1 THROUGH THE FOLLOWING THREE COURSES: (1) SOUTH 89°52'01" WEST, A DISTANCE OF 55.21 FEET; (2) THENCE SOUTH 49-50-20" EAST, A DISTANCE OF 34.07 FEET; (3) THENCE SOUTH 02012'15" EAST, A DISTANCE OF 158.44 FEET TO A POINT OF CUSP WITH A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 171.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 87°47'45" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 72046'26", AN ARC DISTANCE OF 217.19 FEET; THENCE TANGENT TO SAID CURVE NORTH 74058'41" WEST, A DISTANCE OF 55.08 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'18", AN ARC DISTANCE OF 76.97 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE SOUTH 89052'01" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 155.05 FEET; 795 1 OF 2 031 (APN 769-230-019) (CONTINUED): THENCE NORTH 00007'59" WEST, A DISTANCE OF 22.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE NORTH 89052'01" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 433.07 FEET TO THE POINT OF BEGINNING. COMPRISING 18,429 SQUARE FEET, MORE OR LESS. 196 2OF2 032 U) D r m N rn 0 • � o : z/Y�r O Rl O IU V O � O 10 01 o arc, * ICF�s a � '� FO U � z cm o �Q ' l z O m D Xm o Ljff ru D Lo o N O IN -n o m ,� . InmD (Dm 0 N w CD N O�OVI mmI.-,m • m 0 33 co • C) A --4 -1 O = I v i 60+00 61+00 W A � JEFFERSON STREET WVA�► mon(oLq 14W. 0 rV00W m� r 2 1 aV /r~ it v�r mo A 55.21'v S 89.52' 01 "IV --1 62+00 52 z t0 q LP CA ru Z o r � m A D w < Z v m 30' 55' cn z mm 0 n com / 63+00 `Y/ N O P, N __ (� o r 7 9 V A N � r CTI m LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-280-027): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00011'49" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2587.26 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE NORTH 89045'38" EAST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE SOUTHWEST QUARTER; THENCE SOUTH 00011'49" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2380.45 FEET; THENCE SOUTH 04°40'08" EAST. A DISTANCE OF 19.50 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 171.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73°34'33", AN ARC DISTANCE OF 219.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 78014'41" EAST, A DISTANCE OF 24.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 291.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°58'35", AN ARC DISTANCE OF 60.83 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4; THENCE NORTH 89046'44" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 259.27 FEET; THENCE SOUTH 00013'16" EAST, A DISTANCE OF 22.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4; IOF2 034 (APN 769-280-027) (CONTINUED): THENCE SOUTH 89046'44" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 509.99 FEET TO THE POINT OF BEGINNING. COMPRISING 95,967 SQUARE FEET, MORE OR LESS. N0.5476 qTF �F C 07,6 799 2OF2 035 SW COR: SEC. A w CD w to cc in 0 Z o O �o cn cc L LI I io LL fU LL CD w N '7 0 0 m :c rn •r 0 0 m N 9045 38"E EXHIBIT " A' 0' 80' 160, 240' 320' SCALE i"=80' 1 f f w in c Q. ! Oro co ccn o tV O �l N f I 1 i �-- PR. 15' I ESMT. C/L 10' USA ' OR 90/287667 ,}-- 4' TO CVWD i" f1I/ OR 93/110270 I S 04° 40' 08"E 19.50, L� p S 78014' 41 "E 24.26' ..s e 509.99' S 89046' 44"W * m 769-280-027 PTR 211603 XOCHIMILCO AREA OF PROPOSED R/W = 95.967 S.F. A PORTION OF THE SW 114 OF SEC. 4. T.6 S., R.7 E., S.B.M. C/L 16' IID &-11*58'35" OR 86/285825 R-291.00' S 00013'16"E L-60.B3' 22.00' T-30.52' N 89646'44"E �- 259.27' , 7 TI-P.O.-B." ` OeNU AVLNUL R/W EXH. XOCHIMILCO 769-280-027 - 1625 [0, 2301 PF: 1221 8945 02-Ju1-99 09:16 AM / Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-230-019 In the City of La Quinta, County of Riverside, State of California, that portion of the Northeast Quarter of the Northeast Quarter of Section 8, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Southerly of the North line parallel with and 30.00 feet Westerly of the centerline of Jefferson Street as shown on Parcel Map NO. 8961 on file in Book 44, Pages 67 and 68 of Parcel Maps, Records of Riverside County, California; thence South 02°12'15" East, along said parallel line, 25.04 feet to a point on the North line of Parcel 1 of that right-of-way dedication recorded April 7, 1999 as Instrument No. 147656 of official records of Riverside County, California; thence along the Northerly and Westerly lines of said Parcel 1 through the following three courses: (1) South 89°52'01" West, 55.21 feet; (2) thence South 49°50'20" East, 34.07 feet; (3) thence South 02°12'15" East, 158.44 feet to a point of cusp with a tangent curve, concave Southwesterly and having a radius of 171.00 feet, a radial line from said point bears South 87°47'45" West to said point being the true point of beginning; thence along said curve northerly northwesterly 217.19 feet through a central angle of 72°46'26'; thence tangent from said curve North 74°58'41" West 55.08 feet to the beginning of a tangent curve concave southerly and having a radius of 291.00 feet; thence along said curve westerly 76.97 feet through a central angle of 15°09'18'; 8 037 Legal Description Temporary 15' Construction Easement APN 769-230-019 thence tangent from said curve South 89°52'01" West 155.05 feet; thence North 00"07'59" West, 22.00 feet; thence South 89°52'01" West, 15.00 feet; thence South 00°07'59" East, 37.00 feet; August 9,1999 JN 20-301477 Page 2 of 3 thence North 89°52'01" East,170.05 feet to the beginning of a tangent curve concave southerly and having a radius of 276.00 feet; thence along said curve easterly 73.00 feet through a central angle of 15°09'18'; thence tangent from said curve South 74°58'41" East, 55.08 feet to the beginning of a tangent curve concave southwesterly and having a radius of 156.00 feet; thence along said curve southeasterly southerly 198.14 feet through a central angle of 72°46'26'; thence tangent from said curve South 02°12'15" East, 206.99 feet to a point hereinafter referred to as Point "A ' ; thence continuing South 02°12'15" East, 374.53 feet to a point hereinafter referred to as Point it B". thence continuing South 02°12'15" East, 505.21 feet; thence North 90°00'00" East, 15.01 feet; thence North 02°12'15" West, 1087.32 feet to the true point of beginning. Containing 24,254 square feet, more or less. Hal- LAND � �aN► E. a No.47 5 9 * Exp.9 9 N �r H:\GRP70\PDATA\301477\OFFICE\wpWINUgals\769-230-019.wpd 802 3 ~0 133NJS NDS�13jjY fU (U N O 00+09 0+0 z 00+Z9 00+19 oC 3.10 ,ZS .68 N T.P.O.8. W 12,99 M .02 ,0S .61r N o $m LO '4E M.Si ,21 .20 N , �~w � U bb '8S1 m 1087.32 0 OD U U 0 1 z cWi� b `iv 0 A W o o W n 1A All W w m In N o0 0 F m ti1'�O �• �? 6 ti �� W �rn�- v ? Nro '� o z l7 (U 2 61 y�b'� 7t' c, ^ v O � Qa ? ^ p Q v ^,y, O Q NN Nn N m o Cr z 17 li) N ton w Cu Cu ~ o 0 0` L J L- (U 2 \ I %,O C7 C7 II :t (-) (U Q LI_ W F- W W SS ,06 _ C7 Z 011 lf) 0 Q W �o Z ID 00 (� "' U ED 0 LI J D o 2 nv h z F— � U Z (11 . I �\WL,J = , Cu �® z CL �WL�� �F-Q W t•)°� > th o ¢zoo Q�x W In Oi.0 M^ G 0 Cu rZ /—I 0 a 11 � II z to G 0 z I� LAND 0 sG ~ cu 5`'►E'sy 9G o ~ No.47 u 3 In O w o.¢ dlk m OLn Iri In o So *P• 00 ~m too (U Cu o z cc" z OF CA 0 z m W SHEET 3 OF 3 SHEET o N ul,n Robert Beth, IYtitliam Rost do Assoctotes 9w X 6^ 00•7£ PROFESSIONAL ENGINEERS, PLANNERS L SURVEYORS Ht"vMIA IMI W 2 .69. LO.00N I= 7wu 100. ilSTE 4CM mcaa,. COW 476-@M Fuc CIM 676-7240 1 SCALE FIELD BOOK JOB NO. AUGUST 2, 1999 1"=60' 301477 0 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement Temporary 769-280-027 In the City of La Quinta, County of Riverside, State of California, that portion of the Southwest Quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Northerly of the South line of said Southwest Quarter and a line with and 30.00 feet Easterly of the West line of said Southwest quarter; thence North 00 ° 11'49" West along last said parallel line, 2587.26 feet to a point on the North line os said Southwest quarter of Section 4; thence North 89°45'38" East along said North line 30.00 feet to a point on a line parallel with and 60.00 feet Easterly of said West line of the Southwest quarters, said point being the true point of beginning; thence South 89°5647" East, 15.00 feet; thence South 00°11'49" East, 2379.80 feet; thence South 04°40'08" East, 18.91 feet to the beginning of a tangent curve concave northeasterly and having a radius of 156.00 feet; thence along said curve southeasterly 200.33 feet through a central angle of 73°3433'; thence tangent from said curve South 78°14'41" East, 24.26 feet to a point on a non -tangent curve concave northerly and having a radius of 276.00 feet, a radial line of said curve from said point bears North 11°45'18" East; thence along said curve easterly 57.69 feet through a central angle of 11°58'34"; thence tangent from said curve North 89°46'44" East, 274.27 feet; 804 040 Legal Description August 3, 1999 Temporary 15' Construction Easement JN 20-301477 APN 769-280-027 Page 2 of 3 thence South 00°13'16" East, 37.00 feet; thence South 89°4644" West,15.00 feet; thence North 00°13'16" West, 22.00 feet; thence South 89°46'44" West, 259.27 feet to the beginning of a tangent curve concave northerly and having a radius of 291.00 feet; thence along said curve westerly 60.83 feet through a central angle of 11°58'35'; thence tangent from said curve North 78°14'41" West 24.26 feet to the beginning of a tangent curve concave northeasterly and having a radius of 171.00 feet; thence along said curve northwesterly 219.59 feet through a central angle of 73°3433'; thence tangent from said curve North 04°40'08" West 19.50 feet; thence North 00°11'49" West 2380.45 feet to the true point of beginning. Containing 44,838 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\wPWIMLegals\769-280-027.wpd 041 30. 00' — N 89' 45' 38' T.P.0.B. cu 10 cu I� a SW CDR. - SEC. 4 AUGUST 2, 1999 ~ o LJ + CD LJ Co I- 30' 6' o co z 0 J O �o ry Li %D LL (U m N -i (U O O + _ .o v 0 0 z 0 Ln J 30' O 0 0 L5 NO. LINE, SW 1/4,SEC.4 EXHIBIT " B" ®AREA OF PROPOSED A PORTION OF THE TCE=44, 838 S. F. SW 1 /4 OF SEC. 4, A. P. N. 769-280-027 T. 6 S. , R. 7 E. PTR 2116153 S. B. M. XOCHIMILCO ARC TABLE ------------------------------------- NO. DELTA RADIUS LENGTH Cl-------------------------------------- 11°58'34" 276.00' 57.69' oo C2 73°34'33" 156.00' 200.33' C3 73°34'33" 171.00' 219.59' C4 11°58'34" 291.00' 60.83' COURSE TABLE --------------------------- NO. BEARING DISTANCE ----- --------------------- Ll NOO°13'16'W 15.00' L2 S78°14'41"E 24.26' L3 SO4°40'08"E 18.91, L4 S00°11'49"E 2379.80' L5 S89°56'47"E 15.00' L6 S00011'49"E 2380.45' L7 N04°40'08"W 19.50' L8 N78°14'41"W 24.26' NpL AND 15 ' SS�� E. S sG9 C/L 10' USA OR 90/287667 a N0.47 0 4' TO CVWD * Exp.dz 7k OR 93/110270 .., SHEET 3 OF 3 SHEET cXbbwt ` 3cia,`WlM=cF a d2 c%wocia w H NIMAr 111. PALM CEWf. GY.IrMIA .M (?W) 3W7461 . FAX (M) 349.9313 1 C/L 16' IID OR 86/286826 s V; C I o C4 P. ❑. c. 52ND 4 SCALE FIELD BOOK 1"=80' 46 ' 4,4 "E DN O N 89' 46'-44' 301477 A RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-270-001, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 769-270-001, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes $0 T:\PWOEPT\PROJECTS\99Prjctn\99-05JeffSt(54-IndBlvd)\ROW\ 3289886.wpd 043 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No.769-270-001 The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over -approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 808 T:\PWDEPT\PROJECTS\99Prjcts\99-OSJeffSt(54-IndBlvd)\ROW\3289886.wpd 0 4 4 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 13,200 square feet of the Property, more specifically described and depicted in Exhibits "B-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "13-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally 809 T:\PWDEPT\PROJECTS\99Prjets\99-05JeffSt(54-IndBlvd)\ROW\3289886.wpd 0 4 5 Resolution 99- Jefferson street Resolution of Necessity Adopted.: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section : The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289886.v;N 046 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section : The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "13-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289886. wpd 047 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 811 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289886.wpd RN LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-001): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTH 660 FEET OF THE WEST 660 FEET OF THE WEST THIRD OF THE NORTH HALF OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 89053'58" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 293.11 FEET; THENCE SOUTH 00006'02" WEST, A DISTANCE OF 22.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 89053'58" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 225.00 FEET; THENCE SOUTH 45001'55" WEST. A DISTANCE OF 36.81 FEET TO A POINT ON A LINE PARALLEL WITH AND 72.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF 304.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8053'43", AN ARC DISTANCE OF 47.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, AND HAVING A RADIUS OF 304.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 81008'28" WEST; THENCE SOUTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 8005'44", AN ARC DISTANCE OF 42.95 FEET; THENCE TANGENT TO SAID CURVE SOUTH 00045'48" WEST, A DISTANCE OF 292.17 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 660 FEET OF SAID NORTHWEST QUARTER OF SECTION 33; THENCE NORTH 89053'58" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.64 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; 813 1of2 049 (APN 769-270-001) (CONTINUED): THENCE NORTH 00002'11" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 630.00 FEET TO THE POINT OF BEGINNING. COMPRISING 29,287 SQUARE FEET, MORE OR LESS. r-1 LAND W.5476 �Q PF C 2of2 (*150 rlb NW COR .-` SEC. 4 # �, � � I P.O.B. m* L 50TH o * S 89053 ' 58' E EXHIBIT " A" AVENUE r S 00006' 02' N 22.00' 225.00' # Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-001 In the City of La Quinta, County of Riverside, State of California, that portion of the North 660 feet of the West 660 feet of the West third of the North half of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of the Northwest quarter of said Section 4 and a line parallel with and 30.00 feet Southerly of the North line of said Northwest Quarter of Section 4; Thence South 89°5358" East along last said parallel line 293.11 feet to the true point of beginning; thence South 00°06'02" West, 22.00 feet; thence North 89°53'58" West, 225.00 feet; thence South 45*01'55" West, 36.81 feet; thence South 00'02'11" East, 200.00 feet to the beginning of a tangent curve concave westerly and having a radius of 304.00 feet; thence along said -curve southerly, 47.20 feet through a central angle of 08°53'43" to a point of reverse curvature with a curve concave easterly and having a radius of 304.00 feet, a radial line of said curve from said point bears South 81°08'28" East; thence along said curve southerly, 42.95 feet through central angle of 08°05'44'; thence tangent from said curve South 00°45'48" West, 292.17 feet; thence South 89°53'58" East, 15.00 feet; thence North 00°45'48" East, 291.99 feet to the beginning of a tangent curve concave easterly and having a radius of 289.00 feet; 816 052 Legal Description Temporary 15' Construction Easement APN 769-270-001 August 9, 1999 JN 20-301477 Page 2 of 3 thence along said curve northerly 40.83 feet through a central angle of 08°05'44" to a point of reverse curvature with a curve concave westerly and having a radius of 319.00 feet, a radial line of said curve from said point bears North, 81008'28" West; thence along said curve northerly 49.53 feet through central angle of 08053'43'; thence tangent from said curve North 00°02'11" West, 193.78 feet; thence North 45*01'55" East, 24.37 feet; thence South 89°53'58" East, 233.78 feet; thence North 00°06'02" East, 37.00 feet; thence North 89°53'58" West, 15.00 feet to the true point of beginning. Containing 13,028 square feet, more or less. A:\769-270-OOI.wpd 811 6153 EXHIBIT P. ❑. B. IN50TH AVENUE 0 NW CDR. In N B9' S3' 58' W SEC. 4 (u 293. 11 L7 \\ L5 0 0 + 60' 30' 65'; 0 0 0 M 3 1,1 W U 6 5' 0 Z o 0 ry W L� L�. W o 0 0 VA 0 0 m 0 N 89 63'S9 W I�L1 AUGUST 2, 1999 I SCALE 1"=80' A. P. N. 769-270-001 PTR 2098460 J. & K. COLE A P❑RTI❑N OF THE N 660' OF W 660' OF W 1/3 OF N 1/2 OF SEC. 4, T. 6 S. , R. 7 E. , S. B. M. COURSE TABLE J oQ �o p NO. BEARING DISTANCE a --------------------------- �� L1 N89°53'58"W 15.00' L2 N00'45'48"E 292.17' L3 N00°02'11"W 200.00' Q L4 N45°01'55"E 36.81' o L5 N89'53'58"W 225.00' N L6 N00'06'02"E 22.00' L7 N89°53'58"W 15.00' L8 N00'06'02"E 37.00' L9 N89°53'58"W 233.78' N 81. 08' 28' W L 10 N45 ° 01 ' 55 "E 24.37 ' o (R) L11 N00°02'11"W 193.78' L12 N00°45'48"E 291.99' ARC TABLE ------------------------------------- NO. DELTA RADIUS LENGTH 0 C1 08'05'44" 304.00' 42.95' C2 08°53'43" 304.00' 47.20' C3 08°53'43" 319.00, 49.53' C4 08°05'44" 289.00' 40.83' ®AREA OF PROPOSED PL LAND TICE = 13,028 S. F. e,l SHEET 3 _ SHEET °POM 99cin cWilliamcFiosc 42 clssochwo r7 MWFM1Mb%. EWINMM. RAWVM IIIARVEY06 H 7.-410 1110rT I11. MW emu. G1L170XtlA cm (m) JW741 • FAX (M) ]N.i710 1 8I� FIELD BOOK JOB NO. 301477 rn rn 1-1 0 w 0 C� 3 O SHEET 3 _ SHEET °POM 99cin cWilliamcFiosc 42 clssochwo r7 MWFM1Mb%. EWINMM. RAWVM IIIARVEY06 H 7.-410 1110rT I11. MW emu. G1L170XtlA cm (m) JW741 • FAX (M) ]N.i710 1 8I� FIELD BOOK JOB NO. 301477 rn rn 1-1 0 w 0 C� 3 O RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 769-270-002, 769-280-003 and 769-270-008, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel Nos. 769-270-002, 769-280-003 and 769-270-008, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes 811 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289885.wpd V 5 5 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section : The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel Nos. 769-270-002, 769-280-003 and 769- 270-008. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted ExhibitsA Exhibits "A-1 " and "A-2" attached hereto. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289885.wpd V 5 6 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 30,200 square feet of the Property, more specifically described and depicted in Exhibits "B-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "13-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel The rights granted hereunder shall commence fourteen. (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally 821 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(59-IndBlvd)\ROW\3289885.wpd V 5 7 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section : The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction Ito provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section : The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7 To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, 822 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289885.wN 6- 5 3 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section : The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. 8 2) 3 j T:\PWDEPT\PROJECTS\99Prjcts\99-05Jeff5t(54-IndBlvd)\ROW\3289885.Wpd Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7' day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 8?4 T: \PWDEPT\ PROJECTS\ 99Prjcts\99-05JeffSt (54-IndBlvd) \ROW\ 3289885.wpd �V LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-002): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 4; THENCE NORTI IE OF SAID NORTHWEST QUARTER, A DI; HWEST CORNER OF THE LAND DESCRIBi t'r 3 JSE, ET AL, RECORDED JUNE 3, 1946 IN 10 THENCE NORTH �- 3r) = OF SAID WOODHOUSE LAND, A DISTAN IE PARALLEL WITH AND 30.00 EASTERLY .ST QUARTER, AND THE TRUE POINT OF THENCE NORTH 320.39 FEET TO � DEED TO FRAM HUSBAND AND V1 O.R.; 9---1 - LINE, A DISTANCE OF A 1E LAND DESCRIBED IN CITE CORA HRABETIN, ISTRUMENT NO. 80112, THENCE SOUTH 89053'58" EAST ALONG SAID SOUTHERLY LINE OF THE HRABETIN LAND, A DISTANCE OF 30.64 FEET; THENCE SOUTH 00045'48" WEST, A DISTANCE OF 45.80 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 274.41 FEET TO A POINT ON SAID NORTH LINE OF THE WOODHOUSE LAND; THENCE SOUTH 89045'38" WEST ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. COMPRISING 9,624 SQUARE FEET, MORE OR LESS. \J�,9�F No. s476 o��Q' - - fS 25 pF C A1�F 50TH AVENUE EXHIBIT A�� NW COR. I 769-270-001 SEC. 4 S 89' 53' 58'E 9A RA' W w H cn O I : W '" c N lLL o m LL Z W 0 0 m 0 54 I T.P.0.B. 1; I m , n,Q gin ' AREA OF PROPOSED 7e jo I R/W - 9,624 S. F. c� A PORTION OF THE NW 1/4 OF SEC. 4, T.6 S., R.7 E., S.B.M. , W 769-270-002 m PTR 2098461 •y BROOKFIELD rN cn '• PR. 15' ESMT. LAoor"ND , v � I i Mrs. NO.5476 I FOF CkV 0 6 cu .r 0 v 6 826 G62 R/W EXH. BROOKFIELD 769-270-002 - 1625[0,230]PF: 1221 8930 22-Jun-99 04:41 PM / 1221-i Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 2 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-002 In the City of La Quinta, County of Riverside, State of California, that portion of the Northwest Quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of the said Northwest quarter and the South line of land described in deed to Frank George Hrabetin and Marguerite Cora Hrabetin, Husband and Wife, recorded August 24, 1962 as Instrument No. 80112, O.R.; thence South 89°53'58" East, along said Southerly line of the Hrabetin land, a distance of 30.64 feet to the true point of beginning; thence South 00°45'48" West, 45.80 feet; thence South 00°02'11" East, 274.41 feet; thence North 89°45'38" East, 15.00 feet; thence North 00*02'11" West, 274.25 feet; thence North 00°45'48" East, 45.87 feet; thence North 89°53'58" West, 15.00 feet to the true point of beginning. Containing 4,802 square feet, more or less. PLA S"� ENS s� y d Na 47 * Exp. 3.1 827 H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769-270-002.wpd ' OF C �� Q �63 O N I 0 2 50TH AVENUE NW CDR. SEC. 4 AUGUST 2, 1999 N 89' 53' 58' W 30, 64 n 3 O U � p O to CD vi 0 0 VARIES L,J W I zED 3 W o ~� o oa W o LL O� NO LL- Z o L� H 6 0' 30' 0 �o 0 30. 00 N 89' 45' 38' SCALE 1"=40' EXHIBIT "B" T.P.O.B. A. P. N. 769-270-001 15.00' 89°53'58"W SO. LINE INST.NO.80112,0.R. 00 00' Lo A P❑RTI❑N OF THE o NW 1 /4 OF SEC, 4, z T. 6 S. , R. 7 E. , S. B. M. AREA OF PROPOSED TCE = 4,802 S. F. / E v Lo N t\ N O 11-1 co A. P. N. 769-270-002 O PTR 2098461 BROOKFIELD O 3 N O Lo I N. O O �. N N O C1 z LANp � \D�p� SG E syo 9`c m c No. 47 5 Expfir' 0 1-11 0 OF CA r` O SHEET 2 OF 2 SHEET a ` tbW `Eciv,4ft=9iv c4M r,9ncdminQ r� PRWM(ft%. DO(NM. � . ,.. �. �,►�, .� o IL H��.,..,.... j NO. LINE BK.752,PG.323,0.R. CL 15.00' Of U N89 ° 45 ' 38"E A. P. N. 769-270-003 828 FIELD BOOK JOB NO. 301477 LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-003): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE WEST 660.00 FEET OF THE NORTH 660.00 FEET OF THE SOUTH 1,646.84 FEET OF THE NORTH HALF OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTH LINE OF SAID SOUTH 1,646.84 FEET OF THE NORTH HALF OF SECTION 4; THENCE NORTH 89045'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 378.63 FEET; THENCE SOUTH 45002'11" EAST, A DISTANCE OF 36.77 FEET; THENCE SOUTH 00002'11" EAST, A DISTANCE OF 94.00 FEET; THENCE SOUTH 44057'49" WEST, A DISTANCE OF 36.77 FEET TO A POINT ON LAST SAID PARALLEL LINE; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 135.37 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTH 660.00 FEET OF THE SOUTH 1,646.84 FEET OF SAID NORTH HALF OF SECTION 4; THENCE SOUTH 89045'38" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 00*02'11" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. COMPRISING 22,920 SQUARE FEET, MORE OR LESS. LAND S�0 * fry t :so. NO.5476 aQ' -"-OF CA-0 065 C,L 50TH _AVENUE EXHIBIT "A" NW COR .—/ 0' 60' 120' i90240' SEC. 4 SCALE 1"=60' N 89045'380E 30.00' 769-270-002 P.0 B. A PORTION OF THE W 660' OF N 660' OF SOUTH 1,646.84' OF m N 112 OF SEC. 4, m T.6 S., R.7 E., S.B.M. Wf p o� AREA OF PROPOSED . p o R/W 22,920 S.F. + N of U� 60' 30' S 45.02'ii"E 36.77' I c ui S `F< .� w H o ; wEn x + p .. .ti ORl * .2.36. l Z C 010 p Q' 'f%,q NO.5476 c �, rF ro Z OF C A`\��Q� cr.; w w w w 36.77' 769-270-003 0 + S 44.57' 49"W PTR 2098462 p p BROOKFIELD 60, 30 m_ PR. 15 ' in ESMT . 60 w 'o �O� cu o U' 30 S e 45' 38"W 769-270-008 30.00 G 6 R/W EXH. BROOKFIELD 769-270-003 - 1625 M. 2301 PF: 1221 8935 22-Jun-99 04: 17 PM / 1221-1 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-003 In the City of La Quinta, County of Riverside, State of California, those portions of the West 660.00 feet of the North 660.00 feet of the South 1,646.84 feet of the North half of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of the Northwest quarter of said Section 4 and the North line of said South 1,646.84 feet of the North half of Section 4; thence South 00°02'11" East along last said parallel line, 660.00 feet to a point on the Southerly line of the North 660.00 feet of the South 1,646.84 feet of said North half of Section 4; thence North 89 °45'38" East along said Southerly line, 30.00 feet to the true point of beginning; thence North 00°02'11" West, 135.37 feet; thence North 44°5749" East, 36.77 feet; thence North 00°02'11" West, 94.00 feet; thence North 45°02'11" West, 36.77 feet; thence North 00°02'11" West, 378.63 feet to the said North line of the South 1,646.84 feet of the North half of Section 4; thence North 89°45'38" East, 15.00 feet; thence South 00°02'11" East, 372.47 feet; thence South 45°02'11" East, 36.77 feet; thence South 00°02'11" East,106.43 feet; 33,1 G67 Legal Description Temporary 15' Construction Easement AN 769-270-003 thence South 44°57'49" West, 36.77 feet; thence South 00°02'11" East, 129.11 feet; thence South 89°45'38" West, 15.00 feet to the point of beginning. Containing 10,223 square feet, more or less. A:\769-27-3.WPD April 9, 1999 JN 20-301477 Page 2 of 3 832 0168 C/L 50TH I AVENUE EXHIBIT 55B55 NW COR. ---� 0' 60' 120' ISO, 240' SEC. 4 N 89' 3000'15. 00E N 89'40 38'E . SCALE 1' =60' A. P. N. 769-270-002 wiltel Pill m in n " n N W O n o'') z fU O O a c + O N O y 30' ti OO 9s. O 0�6 LLJ Li F— Jr y O 3 _o = fu NOY O O Z P � a O = Z LLJ P^1 ph�b' LLJ o 0?. .F. h1 NO.LINE OF S'LY 1646.84' OF Nt/2,SEC.4 A PORTION OF THE W 660' OF N 660' OF SOUTH 1, 646. 84' OF N 1 /2 OF SEC. 4, T. 6 S. , R. 7 E. S. B. M. A. P. N. 769-270-003 PTR 2098462 -®- BROOKFIELD ®AREA OF PROPOSED TCE = 10,223 S. F. 60' �30' ^ I U' 60' �O 3 y SO. LINE OF TFE NO.660'OF THE ^ ^ w �t SO. 1646.84' OF N1/2 OF SEC.4 cU O N.O ^ O oz m SHEET 3 OF 3 SHEET ol °% 9tbwt cJ&1Q�]U =9%a d2 g%wodmw r1 PR7"10 0WIL PLANERS ! Oi6 g� III, P" IJA I H b .t0 MOMY 6- ►w w omrc, GR .6313 na (moo) ar-ruI . rn (rw) a.s.uu N '. 38' 3000 15.00' j N89'45'38"E 769-270-008 tl AUGUST Z , 1999 SCALE 1"=60' FIELD BOOK JOB NO. 301477 0 00 N rn rn \ N O 00 O LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-270-008): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER AND THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 00002'11" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 986.84 FEET; THENCE NORTH 89045'38" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 80.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 766.31 FEET; THENCE SOUTH 4205927" EAST, A DISTANCE OF 40.30 FEET; THENCE SOUTH 00002'11" EAST, A DISTANCE OF 90.73 FEET; THENCE SOUTH 42055'06" WEST, A DISTANCE OF 40.30 FEET TO A POINT ON LAST SAID PARALLEL LINE; THENCE SOUTH 00002'11" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 70.81 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 4; THENCE SOUTH 89045'38" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. COMPRISING 32,907 SQUARE FEET, MORE OR LESS. �e, � LAND SUNG Fc �-tNff:M D. HANK .� *1 I: M--aoI* Jl ri�6- �CQ, DF � 4 ll �17 0 50TH AVENUE C/L NW COR. SEC. 4 w w 3c cr_ cu EnO z z O En Cc LL LL w 60' 30' cl 0 L) V cn q L) 60' UJ Lu X U) P. 01. B.j EXHIBIT "A" A PORTION OF THE 769-270-003 NW 114 OF SEC. 4, T.6 S., A.7 E., S.B.M. N 89045'38"E 30.00* iu AREA OF PROPOSED o w (Do 0 /id wl 32,907 S.F. nog Ef) .S 42*59*27"E 40. 30' LAND D. EXP. . .. .. .... . NO. 5476 OF cu Clz:. 1 769-270-008 PTR 2098463 .. ... .. .. . cn HANSCH ET AL . ....... . ... ..... cu ..... ..... . .. 0.30' S 42055'06"W II ........... PR. 15' CONST. Go w .... .. ........ .. . co cu EASEMENT (TYP) 0 Lo 30. 00 S 89*45'38"W L=L? 769-280-027 I I t R/W EXH. H*t4SGH , 769-270-008 — 1625 [0, 2301 PF: 1221 8940 23—Jun-99 08: 55 AM / 122 paim, )/-C-j op 1.,4 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-270-008 In the City of La Quinta, County of Riverside, State of California, that portion of the Northwest quarter of Section 4, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the West line of said Northwest Quarter and the South line of said Northwest quarter of Section 4; Thence North 89°45'38" East along said South line, 30.00 feet to the true point of beginning; thence north 00°02'11" West, 70.81 feet; thence North 42°55'06" East, 40.30 feet; thence North 00°02'11" West, 90.73 feet; thence North 42°59'27" West, 40.30 feet; thence North 00°02'11" West, 766.31 feet; thence North 89°45'38" East, 15.00 feet; thence South 00°02'11" East, 760.46 feet; thence South 42°59'27" East, 40.30 feet; thence South 00°02'11" East, 102.53 feet; thence South 42°55'06" West, 40.30 feet; thence South 00°02'10" East, 64.94 feet; ME U,/ 2 Legal Description Temporary 15" Construction Easement APN 769-270-008 thence North 89°56'47" West, 15.00 feet to the true pont of beginning. Containing 15,127 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769-270-008.wpd August 3, 1999 JN 20-301477 Page 2 of 3 837 073 50TH C/L NW CDR, --' SEC. 4 8- �0 Iu!:l "nIn, 1 1011■ EXHIBIT "A" AVENUE A PORTI❑N OF THE A. P. N. 769-270-003 NW 1 /4 OF SEC. 4, T. 6 S. , R. 7 E. , S. B. M. N89 45 38 E N 89' 45' 38, E 15 . 00 ' W 3 AREA OF PROPOSED TCE = 15,127 S. F. cu N t00 O� O O z H o F� •FO + °, %6 FO s9_ m +�� W a 4- LLJ N (/J o 3 A. P. N. 769-270-008 0 3 PTR 2098463 z ^%N �:vn HANSCH ET AL mo oo 0— O z z N �° oe ao•�h 60' 30' p'L O. Na 47 6 U a w\ w 60, �� 1 3 OF CA 3 N m N O_ p O st r-O N � T. P. B. o 0 V c z oCO SO. LINE,N/W 1/4, z SEC.4 m 30.00 N E gr-45--W15.00' A. P. N. 769-280-027 P. ❑. C. 89°56'47"WSHEET 3 OF 3 SHEET 99diAqrmmTvwa - /"� niis 115 v�ziuw� 000m. rtwaa . sfinoa H 1�.Ir M~ Ill. I{Y aawo. 00 pu) �r-�.. rn f7w1 sr.ou n` AUGUST 2. 1999 SCALE FIELD BOOK JOB NO. Q 1"=40' 301477 V0 ag, ID C4 ,w + LL ° L` w 7 RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 769-290-015 and 769-290- 016, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel Nos. 769-290-015 and 769-290-016, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of 4a Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property .proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd 839' �i 715 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section : The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel Nos. 769-290-015 and 769-290-016. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 840 T:\PWDEPT\PROJECTS\99Prjets\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd 6.7 6 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 20,000 square feet of the Property, more specifically described and depicted in Exhibits "B-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "13-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally 841 T:\PW➢EPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd G- 7 7 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section : The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, T:\PWDSPT\PROJRCTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd !, 7 8 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary ponstruction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of, the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. mom T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd G V 9 Resolution 99- Jefferson Street Resolution of Necessity Adopted: Septenber 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 76' day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 844 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289884.wpd vut� LEGAL DESCRIPTION RIGHT-OF-WAY Ot5 (APN 769-290-946): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 8961 AS SHOWN BY MAP ON FILE IN BOOK 44, PAGES 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 89046'44" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 127.22 FEET TO A POINT OF CUSP WITH A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 171.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 10058'10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°44'22", AN ARC DISTANCE OF 231.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 01021'28" WEST, A DISTANCE OF 21.42 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF THE CENTERLINE OF JEFFERSON STREET AS SHOWN ON SAID PARCEL MAP NO. 8961; THENCE SOUTH 02012'15" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 408.83 FEET TO THE SOUTH LINE OF SAID PARCEL 1; THENCE SOUTH 87047'45" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 02°12'15" WEST ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 570.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID WEST LINE NORTH 43047'14" EAST, A DISTANCE OF 33.08 FEET TO THE POINT OF BEGINNING. COMPRISING 9,194 SQUARE FEET, MORE OR LESS. 845 681 11 I 'q- eft NW COR. SEC. 9 _ P.O.B. n N 89046'44"E a127.22' 0 0 m to EXHIBIT "A" ' S 01°21'28"W 21.42' 769-290-015 o PTR 2098468 0 E J.& A. BADEN PR. 15' a ESMT. cm 1 LAND Sip o z °m°co v * RE � to OF C 60' 0 n { 1 5' 0' 60' 120' i80' 240' SCALE 4"-60' 846 5.00' S 87047'45"W 769-290-00 08 2 R/W EXH. BADEN 769-290-015 - 1525 lo. 23UJ MF: 1ee1 ttd/n ue-uul-wa uc: cc r-n / Im LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-290-016): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 2 OF PARCEL MAP 8961 AS SHOWN BY MAP ON FILE IN BOOK 44, PAGES 67 AND 68 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 5.00 FEET OF SAID PARCEL 2. COMPRISING 3,369 SQUARE FEET, MORE OR LESS. LAND s� NO.5476 F qlF OF � 083 52ND I AVENUE � EXHIBIT )) A)) 0 NW COR. SEC. 9 N 87.47' 45'E 5.00' i � OO �PJ sm O o [�� AREA OF PROPOSED R/W 3,369 S.F. ww w t W'LY 5.00' OF PAR. 2 OF PAR.MAP NO. 8961 PM 44/67-68, BEING IN c THE NW 1/4 OF SEC. 90 n � } T.6 S., R.7 E., S.B.M. ZO z wi Lc) 10 cr — C/L 10' HOOTEN lJ,.l OR 78/97993 L e ° 0 0 ' w Z c 769-290-016 PTR 2098469 i CHARJACC. INC. 60' 55' t PARCEL 2 - i W'LY 5.00' g � PARCEL 2 S�0 SAND 'pG Q PR* 15 ' ESk . w �r RE z s19�, 10.5476 F OF C A1.�F0 148 5.00' 0' 40' 80' 120' i60' S 89040'23■W SCALE V-40' 084 R/W EXH. OF+APAJ" 759-290-015 - 1525 1U, 23UJ Pt-: 1221 Ui JtlU UZ—JU1—VU Ue: --J rM i acci-, Dom_.... Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-290-015 In the City of La Quinta, County of Riverside, State of California, that portion of Parcel 1 of Parcel Map No. 8961 as shown by map on File in Book 44, Pages 67 and 68 of Parcel Maps, Records of Riverside County, being in the Northwest quarter of .the Northwest quarter of Section 9, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the most Northerly Northwest corner of said Parcel 1; thence North 89°46'44" East along the Northerly line of said Parcel 1,127.22 feet to a point of cusp with a non -tangent curve, concave Southeasterly and having a radius of 171.00 feet, a radial line from said point bears South 10°58'10" East, said point being the true point of beginning; thence along said curve southwesterly southerly 231.82 feet through a central angle of 77°40'22'; thence tangent from said curve South 01°21'28" West, 21.42 feet; thence South 02°12'15" East, 408.83 feet; thence North 87°47'45" East,15.00 feet; thence North 02°12'15" West, 408.83 feet; thence North 01°26'20" East 20.49 feet to a point on a non -tangent curve concave southeasterly and having a radius of 156.00 feet, a radial line of said curve from . said point bears South 88°38'32" East; thence along said curve northerly northeasterly 223.82 feet through a central angle of 82012'19'; Legal Description Temporary 15' Construction Easement APN 769-290-015 thence non -tangent from said curve North 00°13'16" West 12.92 feet; thence South 89°4644" West 15.00 feet to the true point of beginning. Containing 9,960 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769-290-015.wpd August 3, 1999 JN 20-301477 Page 2 of 3 850 NW CDR, SEC, 9 P. ❑. C. a L 0 O L'J cu %D �0 .- m �o v� �cn z 55' O 0 + 01' 21' 28' E 21, 42 0 0 0 h o un 0 �D 3 ul N fU O z 60' 5. 00'� S 87.47' 45' W AUGUST 2, 1999 uh T.P.0.B. Ln N 89' 46' 44' E 127. 22 --� 22' Z) EXHIBIT "B" S89°46'44"W 15.00' N00'13'16"W 12.92' N 10' 58' 10- W A PORTION OF PAR, 1 OF PAR. MAP NO, 8961 PM 44/67-68, BEING IN THE NW 1'/4 OF SEC, 9, T. 6 S. , R. 7 E. , S. B. M. ®AREA OF PROPOSED TCE = 91 960 S. F. E 0 N01'26'20"E C' 20.49' rn rn N A, P. N. 769-290-015 0 PTR 2098468 1-1 00 J, & A. BADEN p 15' o 0 O 00 O O � I 3 O rn U) N � I N M W N / z S��NpIL LAIyO sG m FEE s�'p� o < j No.472 c 0 5' mot' n GF CA SO. LINE PCL.1 0 P.M.N0.8961 j /11 P.M.8.44/67-68 < SHEET 3 OF 3 SHEET o `�bert `Bein,`W3lliam�Fnst (� �lssoc�ates j N87 ° 47' 45'1 E 1'1 71-4WsHIMMY III- mIAesI. OEM. Q. M 1i0 Ma1Aa82200 15. 00' (o� CUM M 7481 . FAX (co) 3w.013 �l r ♦ a 1 769-290-016 a 'Vl 1 SCALE FIELD BOOK JOB NO. / 1"=60' 1 1 301477 = 0817 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3,1999 JN 20-301477 Page 1 of 2 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769=290-016 In the City of La Quinta, County of Riverside, State of California, that portion of Parcel 2 of Parcel Map No. 8961 as shown by map on File in Book 44, Pages 67 and 68 of Parcel Maps, Records of Riverside County, being in the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: The Easterly 15.00 feet of the Westerly 20.00 feet of said Parcel 2. Containing 10,113 square feet, more or less. 852 52ND 0 0 0 W LLJ L7 Z p a + Ln un cy- LJ LL- LLLLJ - AVENUE,,,, EXHIBIT " B " NW COR, 0' 40' 80, 120' 160' SEC. 9 SCALE 1' =40' N 87' 47' 45' EI I �715 ' 5"W s. 00 �60' 55' 0 0 N NO.LINE,PCL 2, P.M.NO.8961, P.M.B.44/67-68 o�° 2 pFLPARSMAPFNO�' 896R, (� PM 44/67-68, BEING IN op�e QQ THE NW 1 /4 OF SEC. 9, T. 6 S. , R. 7 E. , S. B. M. " -OAREA OF PROPOSED TCE = 10,113 S. F. 3 N %D = Lr 3 O Z in .. C/L 10' HOOTEN OR 78/97993 cU O O Z 769-290-016 PTR 2098469 CHARJACQ, INC. 5. 00' < S 89. 40' 23' W PARCEL RC EL 2 W' LY 5. 00' PARCEL 2 PR. 15' ESMT. SO.LINE,PCL 2, P.M.NO.8961, P.M.B.44/67-68 SHEET 2 OF 2 SHEET ctbw cBcin,` rlm&m9iw (2c�7"10 H1orr ,n. nA omr. MUMIA sm Rc;IV..rr7 ° 40 ' 23' "E cM,N., ...,� c�.oJ a,..o,s 853 15.01 AUGUST 2, 1999 SCALE FIELD BOOK JUB No. 1"=40' 1 301477 E 0 0) 04 00 O RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-290-009, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 769-290-009, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289883.wpd 854 � 030 Resolution 99- Jef£erson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-3781 approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La. Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 769-290-009. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. T:\PWD&PT\PROJECTS\99Prjcts\99-05JeffSt(54-IndElvd)\ROW\3289883.wpd 855 091 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 3,000 square feet of the Property, more specifically described and depicted in Exhibits "13-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "B-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally 856 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(59-IndBlvd)\ROW\3289883.wpd 092 Resolution 99- Jefferson street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful,in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, 857 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289883.wpd 093 Resolution 99- Jefferson street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "13-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 1 1: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to. them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289883.wpd 094 Resolution 99- Jefferson Street Resolution of Necessity. Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(59-IncMlvd)\ROW\3289883.wpd 095 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 7 EXHIBIT "A-1 " LEGAL DESCRIPTION -- PART TAKEN [INSERT] T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289883.wpd U9P LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-290-009): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTH 2O0.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE CENTERLINE OF JEFFERSON STREET AS SHOWN ON ROAD PLAT NO. 11-AA ON FILE IN THE OFFICE OF THE RIVERSIDE COUNTY SURVEYOR, SAID PARALLEL LINE ALSO BEING THE EASTERLY LINE OF THE STRIP OF LAND DESCRIBED IN QUITCLAIM DEED TO THE COUNTY OF RIVERSIDE RECORDED JANUARY 23, 1968 AS INSTRUMENT NO. 6764, O.R., AND THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9; THENCE NORTH 89035'58" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID CENTERLINE OF JEFFERSON STREET; THENCE SOUTH 02012'15" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 200.10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTH 2O0.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89035'58" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.01 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET EASTERLY OF SAID CENTERLINE OF JEFFERSON STREET; THENCE NORTH 02012'15" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 200.10 FEET TO THE POINT OF BEGINNING. COMPRISING 6,003 SQUARE FEET, MORE OR LESS. LAND *� REG.li 6 P. NO. 5476 9F C N1 \ 097 EXHIBIT "A" 0 60' Ni89935'580E v 30.01' P.0 B. i :AREA OF PROPOSED R/W s 6,003 S.F. A PORTION OF THE c/L 1o' USA N. 200' OF THE y OR 49/3183 $W 114 OF SW 114 OF - NW 1/4 OF SEC. 9. 0 3 T.6 S., R.7 E., W c o o S.B.M. W N Q v a a 4 769-290-009 w ? PTR 2116152 :ACKERMAN ET AL N cu + SAND SUS CU N �S Gi4, 30, 30 ' Z ...' u� V ANDIONY Z i RE . O 60'' �- PR. 15' Jim:ESMT . J'J9l NO.5476cc F W OF C LL C/L 5' QUIGLEY V„{ c OR 59/42833 )sk!;+-:.,;:.!j::::;�: 7 J';!� 30.01' S �89" 35'58"W 60' i W.114 COR. SEC. 9 0' 40' 80' 120' 160' SCALE i"=40' 53RD AVENUE m 86 668 R/W EXH. ACKERMAN 769-290-009 - 1625 [0, 2301 PF: 1221 8985 23-Jun-99 10: 09 AM / 1221-1 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 2 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-290-009 In the City of La Quinta, County of Riverside, State of California, that portion of the North 200.00 feet of the Southwest quarter of the Southwest quarter of the Northwest Quarter of Section 9, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Easterly of the centerline of Jefferson Street as shown on Road Plat No. 11-AA on file in the office of the Riverside County Surveyor, said parallel line also being the Easterly line of the strip of land described in Quitclaim Deed to the County of Riverside recorded January 23, 1968 as Instrument No. 6764, O.R., ,and the North line of said Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9; thence North 89°35'58" East, 30.01 feet to a point on a line parallel with and 60.00 feet Easterly of said centerline of Jefferson Street, said point being the true point of beginning; South 02°12'15" East, 200.10 feet; thence North 89°35'58" East, 15.01 feet; thence North 02°12'15" West, 200.10 feet; thence South 89°35'58" West,15.01 feet to the true point of beginning. Containing 3,002 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769 863 099 0 2 rrm O N O m O v 9 O �t 11 W J Q U N m 0 60' 00 N 89' 35' 58' E + 30. 01 a P. O. C. C/L 1 USA OR 49 3183 C/L 5' UIGLEY OR 59/ 833 0 LJJ O 0 o o LJ N N ^/ LL v � 3 30' z M V LJJ Lam. LL. L,J 0 0 --� + v W. 1/4 CDR. SEC. 9 N N 30' z m 30. O 1 �-- N 89' 35' 58' E 60' EXHIBIT "B" S89'35'58"W ® AREA OF PROPOSED T 15. 01 ' TCE = 3, 002 S. F. NO. LINE,SW1/4,SW1/4,NW1/4,SEC.9 A PORTION OF THE N. 200' OF THE SW 1/4 OF SW 1/4 OF APN 769-290-009 NW 1/4 OF SEC. 9, .PTR 2116152 T. 6 S. R. % E. ACKERMAN ET AL , S. B. M. 0 0 0 0 C5 N 3 � N N N O O z z OI N89°35'58"E y 15.01' SHEET 2 OF 2 SHEET cltbberr cBein,`WlWamcrost 0 c5lssoaaws Prtares I AL EWMIPEEPM. M—MERS k SJWEYM 74 s10 HIM MP 111, PALM EEMT. CAUM01NIA Jm.o (M) M-Ml . rAX (7W) 3w.015 S 53RD AVENUE 86 AUGUST 2, 1999 1;CA4E , FIELD BOOK JUH NU. 301477 ?00 RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 769-300-001 and 769-300- 004, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel Nos. 769-300-001 and 769-300-004, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B,"respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes 865 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncMlvd)\ROW\3289880.wpd 1 .0 1 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel Nos. 769-300-001 and 769-300-004. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted ir6 6 6 Exhibits "A-1 " and "A-2" attached hereto. T:\PWD&PT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289880.wpd (✓ �+ Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 41,200 square feet of the Property, more specifically described and depicted in Exhibits "B-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "B-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally -� 867 T:\MEPT\ PROJECTS\ 99Prjcts\99-05JeffSt (54-IndBlvd) \ROW\ 3289880.wpd 10 3 Resolution 99- Jef£erson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. . Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section : The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndElvd)\ROW\3289880.wpd Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act byway of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "13-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. 863 T:\PW➢EPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\ 3289880_wpd 10 5 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California �- 870 T:\MEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndElvd)\ROW\3289880.wpd 10 6 LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-300-001 & 004): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE CENTER LINE OF JEFFERSON STREET AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED DECEMBER 23, 1952 AS INSTRUMENT NO. 54928, O.R.; THENCE NORTH 02012'15" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2562.71 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID .SOUTHWEST QUARTER OF SECTION 9; THENCE NORTH 89032'23" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 55.82 FEET; THENCE SOUTH 43040'04" WEST, A DISTANCE OF 35.93 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID CENTER LINE OF JEFFERSON STREET; THENCE SOUTH 02012'15" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 1805.03 FEET; THENCE SOUTH 03001'21" EAST. A DISTANCE OF 350.03 FEET TO A POINT ON A LINE PARALLEL WITH AND 65.00 FEET EASTERLY OF SAID CENTER LINE OF JEFFERSON STREET; THENCE SOUTH 02012'15" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 340.18 FEET; THENCE SOUTH 46009'23" EAST, A DISTANCE OF 36.09 FEET TO A POINT ON A LINE PARALLEL WITH AND 47.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE NORTH 89053'29" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 155.00 FEET; THENCE SOUTH 00006'31" EAST, A DISTANCE OF 17.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9; 8!1 1 OF 2 I (APN 769-300-001 & 004) (CONTINUED): THENCE SOUTH 89053'29" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 214.47 FEET TO THE POINT OF BEGINNING. COMPRISING 83,372 SQUARE FEET, MORE OR LESS. LAND NO.5476 \OF C �Q` 872 2OF2 1!)8 fu M 6 v fU 0 co n W J Q U N 6 � EXHIBI 9JF �F. 5C �`47, C"' ;c 769-300-001 o cu PTR 2098470 MAJESTIC DEV. N iw Vl cc in Z O cn cc W I.1.. U- W 7 VAF i E i 769-300-004 i 30' 30' i PTR 2098470 yw MAJESTIC DEV. •tN NN ' O ' f to PR. 15' I ► 6 ' ° i ESMT. f I f i c I S 46009'23°E SW COR. 4 i 35.09' 3 SEC. 9 N 89.53'29°E 155.00' S 00°06'31°E Iwil17.00' _ Q P.o.e. o :. . ............ S e 053 29OW *m 54TH AVE. - - C R/W EXH. MAJESTIC 769-300-001.004 - 1625[0.230]PF: 1221 8990 04-Jun-99 04:44 PM / 1221-1 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporajy 15' Construction Easement APN 769-300-001 & 004 In the City of La Quinta, County of Riverside, State of California, that portion of the Southwest Quarter of Section 9, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection a line parallel with and 30.00 feet Northerly of the South most line of said Southwest quarter and a line parallel with and 30.00 feet Easterly of the center line of Jefferson Street as described in deed to the County of Riverside recorded December 23,1952 as Instrument No. 54928, O.R.; Thence North 02°12'15" West along last said parallel line, 2562.71 feet to a point on a line parallel with and 30.00 feet Southerly of the North line of said Southwest quarter of Section 9; thence North 89°32'23" East along last said parallel line, 55.82 feet to the true point of beginning; South 43°40'04" West, 35.93 feet; thence South 02°12'15" East, 1805.03 feet; thence South 03*01'21" East, 350.03 feet; thence South 02°12'15" East, 340.18 feet; thence South 46°09'23" East, 36.09 feet; thence North 89°5329" East,155.00 feet; thence South 00°06'31" East, 17.00 feet; thence North 89°53'29" East,15.00 feet; 874 110 Legal Description Temporary 15' Construction Easement APN 649-240-001 thence North 00°06'31" West, 32.00 feet; thence South 89°53'29" West, 163.95 feet; thence North 46°09'23" West, 23.98 feet; thence North 02°12'15" West, 334.23 feet; thence North 03°01'21" West, 350.03 feet; thence North 02°12'15" West,1798.57 feet; thence North 43°40'04" East, 44.13 feet; thence South 89°32123" West, 20.90 feet to the true point of beginning. Containing 41,151 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769-300-001.wpd August 3, 1999 JN 20-301477 Page 2 of 3 875 0 !U cn 0 It N W CDR, C. 9 AUGUST 2, 1999 EXHIBIT "B" T.P.o.e.53RD AVE. A PORTION OF THE N 89'3 '23'E SW 1/4 OF SEC. 9, 55. 2' " 16 T. 6 S. , R. 7 E. , S. B. M. AREA OF PROPOSED TICE = 41,151 S. F. 0- 15' 769-300-001 PTR 2098470 .MAJESTIC DEV. 30, COURSE TABLE --------------------------- NO. BEARING DISTANCE N JJ --------------------------- L1 S43°40'04"W 35.93' Li Li LiL2 S02°12'15"E 1805.03' E CII L3 S03'01'21"E 350.03' ° I— L4 S02'12'15"E 340.18' � L5 S46°09'23"E 36.09' r L6 N89°53'29"E 155.00' z L7 S00°06'31"E 17.00' rn ❑ iu� L8 N89°53'29"E 15.00' o L9 N00'06'31"W 32.00' o W o N L10 S89°53'29"W 163.95' 00 LLJ z L11 N46'09'23"W 23.98' o LL- M J L12 NO2''12'15"W 334.23' Li L13 NO3°01'21"W 350.03' 3: L14 NO2'12'15"W 1798.57' C - L15 N43040'04"E 44.13' o VA IE L16 S89032'23"W 20.90' o .. o 0 rn 60' 30' S���P` � 769-300-004 �5 Sy GAG PTR 2096470 0 �� Fo � °o MAJESTIC DEV. a No.47 6 m o a N � % VARIES o SHEET 3 OF 3 SHEET O��bCt ucrq-►►LQ��L'1ai� C Q "M= OWL noloM. FL#mm • a� c as 7MN rM11111. IM. ft01f. G�wow V♦ I>•q ar>.1 • rr ow) $a A L 10 0 S a o L6 ^ J 11A J cD P. O. C. 214. 47 N 89.53'29'E '�� 54TH AVE. 0_ o 87 o -T SCALE FIELD BOOK JOB NO. 1"=80' 301477 112 RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NOS. 649-100-008, 649-100-009 and 649-100-021, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor. Parcel Nos. 649-100-008, 649-100-009 and 649-100-021, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B, "respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests 877 in the Property more particularly described herein (the "Property"), for the purposes T:\PWDSPT\PROJ&CTS\99Prjcts\99-05JeffSt(54-Inalvd)\ROW\3289877.wpd 113 Resolution 99 Jefferson Street Resolution of Necessity Adapted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS', the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 649-100-008. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 8r8 T:\PWDSPT\PROJECTS\99Prjcts\99-05JeffSt(54-InMlvd)\ROW\3289877.wpd S 114 Resolution 99 Jefferson Street Resolution of Necessity Adapted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 53,000 square feet of the Property, more specifically described and depicted in Exhibits "13-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "13-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements. to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally T:\PW➢EPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncSlvd)\ROW\3289877.wpd 115 Resolution 99 Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section : The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel Lanes in each direction Ito provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section 6: The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, $81) T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\R0W\3289877.wN 116 Resolution 99 Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. r T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(59-IndBlvd)\ROW\3289877.wpd 117 7 Resolution 99 Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEY.WELL, City Attorney City of La Quinta, California 882 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289877.wpd 118 LEGAL DESCRIPTION RIGHT-OF-WAY (APN 649-100-008,009,021): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCELS 17, 18 AND 19 OF PARCEL MAP NO. 20469, AS SHOWN BY MAP ON FILE IN BOOK 140, PAGES 95 THROUGH 100, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS, BEING IN THE EAST HALF OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE MOST SOUTHERLY LINE OF THAT PARCEL CONVEYED TO THE CITY OF LA QUINTA BY DEED RECORDED JULY 9, 1997 AS INSTRUMENT NO. 239998, O.R., AND THE MOST EASTERLY LINE OF SAID PARCEL 18, SAID EASTERLY LINE BEING PARALLEL WITH AND 55.00 FEET WESTERLY OF THE EAST LINE OF SAID SECTION 32; THENCE SOUTH 00002'49" EAST ALONG SAID EASTERLY LINE AND THE MOST EASTERLY LINES SAID PARCELS 19 AND 17, A DISTANCE OF 2245.41 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE OF PARCEL 17; THENCE SOUTH 00*02'13" EAST ALONG LAST SAID EASTERLY LINE, A DISTANCE OF 970.58 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 17; THENCE NORTH 89024'21" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 17, A DISTANCE OF 5.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 5.00 FEET WESTERLY OF THE EASTERLY LINES OF SAID PARCELS 17,18 AND 19; THENCE NORTH 00002'13" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 970.60 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 00002'49" WEST AND CONTINUING ALONG SAID PARALLEL LINE, A DISTANCE OF 1821.91 FEET; THENCE NORTH 00051'55" WEST, A DISTANCE OF 350.07 FEET TO A POINT ON A LINE PARALLEL WITH AND 65.00 FEET WESTERLY OF SAID EAST LINE OF SECTION 32; THENCE NORTH 00002'49" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 73.39 FEET TO A POINT ON SAID SOUTHERLY LINE OF THAT PARCEL CONVEYED TO THE CITY OF LA QUINTA BY INTRUMENT NO. 239998; THENCE NORTH 89057'11" EAST, A DISTANCE OF 10.00 FEET TO TH POINT OF BEGINNING. A�o COMPRISING 17,322 SQUARE FEET, MORE OR LESS. FL IMWFJ �� EXHIBIT 0 v N O m 6 N 0 PAR 0 Lo o PA. 15'—�# ESMT. W ' Q cn Q j (11 cv h W 649-100-021 o v PTA 2087279 T.D. DESERT DEV. a ;N AND 649-100-009 !r o 649-100-008 fn AREA OF PROPOSED R/W s 17,322 S.F. A PORTION OF THE E. t/2 OF SEC. 32, T.5 S., R.7 E., S.B.M. 1l * 2.3o•do 5476 OF C N 00002'49'W 1821.91'� Pd RA7 N 00° 02' 13' N 970.60'� S. w cc F— o U) �o (V 1 1"0 0 C� I' L W 7 AVE. NE COR. SEC.32 t I E. 1/ SEC.3 )2'13'E ).58' 5.00' N 89° 24' 21"W 60 J tl M/ n r-Arl. 1 U vCJC111 u-4J-lvv-uvQ, vv , Vcl - loco W, cJv1 rr. lccl ow IV lo-vull-a= Vl: oV rm / 14zCl-1 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporajy 15' Construction Easement APN 649-100-008, 009, 021 In the City of La Quinta, County of Riverside, State of California, those portions of Parcels 17, 18 and 19 of Parcel Map No. 20469, as shown by map on file in Book 140, Pages 95 through 100, inclusive, of Parcel Maps, Riverside County Records, being in the East half of Section 32, Township 5 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the most Southeasterly corner of Parcel 17 of said Parcel Map No. 20469; thence North 89°24'21" West, along the South line of said Parcel 17, 5.00 feet to the true point of beginning; thence North 00°02'13" West, 970.60 feet; North 00°02'49" West 1,821.91 feet; thence North 00°51'55" West, 350.07 feet; thence North 00°02'49" West, 73.39 feet to the Southerly line of that Parcel conveyed to the City of La Quinta by deed recorded July 9, 1997 as Instrument No. 239998, O.R.; thence South 89°57'11" West, 3.00 feet; thence North 00°02'49" West, 285.49 feet to the beginning of a tangent curve concave southwesterly and having a radius of 68.00 feet; thence along said curve northerly northwesterly 105.90 feet through a central angle of 89°13'35'; thence radially from said curve South 00°43'36" West 15.00 feet to a point on a non -tangent curve concave southwesterly and having a radius of 53.00 feet, said curve being concentric with and 15.00 feet southerly of last said curve, a radial line of said concentric curve from said point bears South 00°43'36" West; M Legal Description Temporary 15' Construction Easement APN 649-100-008, 009 021 August 9, 1999 JN 20-301477 Page 2 of 3 thence along said curve southeasterly southerly 82.54 feet through a central angle of 89013'35'; thence_ non -tangent from said curve South 00°02'49" East 300.49 feet; thence North 89°57'11" East, 3.00 feet; thence South 00°02'49" East, 58.50 feet; thence South 00°51'55" East, 350.07 feet; thence South 00°02'49" East, 1,821.80 feet; thence South 00°02'13" East, 970.43 feet thence South 89°24'21" East, 15.00 feet to the true point of beginning. Containing 53,979 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\649-100-021.wpd 122 EXHIBIT "B" A PORTION OF THE E. 112 OF SEC. 32, T. 5 S. , R. 7 E. , S. B. M. ®AREA OF PROPOSED TCE = 53,979 S. F. tv m® wi N d- J SO. LINE INST.NO.23998,0.R. pAf j@ NOO- 02 - 49 58.50' A. P. N, 649-100-021 PTR 2087279 T. D. DESERT DEV. AND 649-100-009 649-100-008 ARC ------------------------------------- TABLE NO. DELTA RADIUS LENGTH w u Cl 89°13'35" 68.00' 105.90, O U' C2 89°13'35" 53.00' 82.54' a0 2 IL a COURSE TABLE m CD--------------------------- NO. BEARING DISTANCE 0- --------------------------- Ll N89°57'11"E 3.00' L2 N00°02'49"W 285.49' L3 NOO'43'36"E 15.00' 15' L4 N00002'49"W 300.49' L5 N89'57'11"E 3.00' 00 uNv �\o`'µ �G E �y�� PQRM � d No. S 00' 02' 49' E * Exp. 0 9 1821, 80' S 00' 02' 13' E (OrI0 P.M. NO.20469� 970, 43' --< SHEET 3 OF 3 SHEET r1 piffssIM& sa mes, s5 &-mm (A5) 5N-7N1 • FAX (M) 549.1315 i SCALE AUGUST 2, 1999 1"=80' n 0 o to rn un un 0 z 15. 00' S 89' 24' 21' E 5. 00' N 89' 24' 21' W FIELD BOOK 48TH AVE, NE CDR. SEC. 32 N 89.57' 1' E /J10.00 / P. 0 , C. I 55' I II I I — 65'--1 o I I 1 00302' 4W I I 11 II N N o I II cu cu I I I z I II I II w I II o I I II o 8 I II z � II •VARIES I I II I II I I II I I II II it N 00' 2' 4 'I W 1 21. 9 1' II � II E. 1 /4 SEC. 32 S 00. 02' 13' E 970. 58' N 00' 02' 13' W — 60' 970. 60' 887 0 c n JOB NO. Q 301477 n rr 3 E O RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-750-007, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET . WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 769-750-007, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described in the legal descriptions attached hereto as Exhibits "A-1 " and "B-1," and depicted in the sketches attached hereto as Exhibits vA-2 and "13-2" which legal descriptions and sketches are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes 881B T:\PWDEPT\PROJECTS\99Prjcts\.99-05JeffSt(54-IncWlvd)\ROW\3289804.wpd 1 to. 4 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section : The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section : The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 769-750-007. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted ing 8 Exhibits "A-1" and "A-2" attached hereto. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289804.wpd 12 5 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section 3: The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section 5: The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section : The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, 890 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289804.wpd - v' Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "B-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. 891 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289804.wpd 1 4210 7 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California g92 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\ROW\3289804.wpd LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-750-007): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN PARCEL 2 DESCRIBED AS NORTH 42020'23" WEST, 31.09 FEET, IN DEED TO THE CITY OF LA QUINTA, RECORDED SEPTEMBER 9, 1986 AS INSTRUMENT NO. 219212, O.R., ALSO BEING A POINT ON A LINE PARALLEL WITH AND 60.00 FEET WESTERLY OF THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 5; THENCE SOUTH 00002'11" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 774.08 FEET; THENCE NORTH 00°51'17" WEST, A DISTANCE OF 350.04 FEET TO A POINT ON A LINE PARALLEL WITH AND 65.00 FEET WESTERLY OF SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 00002'11" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 418.11 FEET; THENCE NORTH 44056'36" WEST. A DISTANCE OF 36.71 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 89051'02" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00008'58" EAST, A DISTANCE OF 2.00 FEET TO A POINT ON THE SOUTHERLY LINE OF AFOREMENTIONED PARCEL 2 DEEDED TO THE CITY OF LA QUINTA, BEING A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY OF SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE SOUTH 89051'02" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 28.98 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF PARCEL 2 SOUTH 44056'36" EAST, A DISTANCE OF 31.06 FEET TO THE POINT OF BEGINNING. COMPRISING 3,292 SQUARE FEET, MORE OR LESS. D. * mt%0ff. w 893 f% NO.5476 q�F 4F C�� 1 t. 9 EXHIBIT "A" r0 Lr) S 82e SECC05 • 98'2■6 a 4 2.00' N 00.08'58'E S 44.56'368E 20.00' 31.06 N 89.51'02'W P.O.B.ci 36.71' N 44.56' 36' W R/W PER OR 0 86/219212 A PORTION OF THE so • 30' NE 1/4 OF NE 1/4 OF FRAC. SEC. 5, 65 7 ' T.6 S., R.7 E., PR. 15 S.B.M. '-� ESMT. 111 o 0 w m 769-750-007 co cc PTR 2116155 n MONTEZUMA co OESTE INC. v w .. Z O AREA OF PROPOSED cc R/W 3,292 S. F. o o W 0 i o LL 0 cu O Z w ., .7 LAND ' . MAPpo 65 --� 0 N0.5476 OF C NO,k N 00051'17•W 350.04' f 0' 60' 120' 180' 240' ME SCALE 1 =60 60 � 1301 R/W EXH. MONTEZUMA 769-750-007 - 1625[0.230]PF: 1221 8960 22-Jun-99 10.41 AM / 1221-1 Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 3, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 769-750-007 In the City of La Quinta, County of Riverside, State of California, that portion of the Northeast quarter of the Northeast quarter of Fractional Section 5, Township 6 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the Southeasterly terminus of that certain course in Parcel 2 described as North 42°20'23" West, 31.09 feet, in deed to the City of La Quinta, recorded September 9,1986 as Instrument No. 219212, O.R., also being a point on a line parallel with and 60.00 feet Westerly of the East line of said Northeast quarter of Section 5; thence North 44°56'36" West, along said Southerly line of Parcel 2, 31.06 feet; thence continuing along said Southerly line, North 89 °51'02" West, 28.98 feet to the true point of beginning; thence South 00°08'58" West, 2.00 feet; thence South 89°51'02" East, 20.00 feet; thence South 44°56'36" East, 36.71 feet; thence South 00°Q2'11" East, 418.11 feet; thence South 00°51'17" East, 350.04 feet; thence South 00°02'11" East, 471.02 feet; thence North 89°54'05" West, 15.00 feet; thence North 00°02'11" West, 470.88 feet; thence North 00°51'17" West, 350.04 feet; 131, Legal Description Temporary 15' Construction Easement APN 769-750-007 thence North 00°02'11" West, 412.02 feet; thence North 44°56'36" West, 24.31 feet; thence North 89°51'02" West, 28.80 feet; thence North 00*08'58" East,17.00 feet; thence South 89°51'02" East, 15.00 feet to the true point of beginning. Containing 19,508 square feet, more or less. August 3, 1999 JN 20-301477 Page 2 of 3 H:\GRP70\PDATA\301477\OFFICE\WPWIN\Legals\769-750-007.wpd 896 132 EXHIBIT "B" A PORTION OF THE NE 1/4 OF NE 1/4 OF FRAC. SEC. 5, T. 6 S. , R. 7 E. , S. B. M. OF PROPOSED ®AREA TCE = 19,508 S. F. A. P. N. 769-750-007 PTR 2116155 MONTEZUMA OESTE INC. 0 0 Cu N 89' 51' 02' W NE COR. tn Ln T.P.0.B. 28. 98 SEC. 5 L14 L N 44. 56' 36' W J 31.06 L 12 1� 7 P. 0. C. R/W PER OR 86/219212 o COURSE TABLE (U --------------------------- 91 NO. BEARING DISTANCE L1 S00°08'58"W 2.00' L2 S89°51'02"E 20.00' m L3 S44°56'36"E 36.71' L4 S00°02'11"E 418,11' L5 S00951'17"E 350.04' L6 S00°02'11"E 471.02' L7 N89°54'05"W 15.00' L8 N00'02'11"W 470.88' N L9 N00°51'17"W 350.04' w L10 N00°02'11"W 412.02' -� L11 N44°56'36"W 24.31' L12 N89'51'02"W 28.80' �' L13 N00°08'58"E 17.00' L14 S89°51'02"E 15.00' �11 15' 0 7 c n 3 60' 6 5' 6 5' 0 a 30' 7 ~ 0 LJ W L7 Z a L7 L,J 0 LL- + LL- lu W 0 0 N rn OF J4(0 —i SHEET 3 OF 3 SHEET ` tpw`9ein`Wluiam`Fi Adl c5bsocWw-J r'1 °° rr(�Es0 HIM o+e)rm(s. p.�ERs C SIA 2Z as J ��-aio Miwur Ill, rKr amrr. exnow�u sago H (ro) 346-7481 • rNt (AO) 346.0% 60' i L7 SCALEJOB NO. AUGUST 2, 1999 1"=60, FIELD BOOK 301477 4 133 RESOLUTION NO. 99- THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 649-100-016, FOR THE PURPOSES OF WIDENING AND IMPROVING JEFFERSON STREET WHEREAS, the City of La Quinta has been investigating the acquisition of various interests in property, including a permanent, perpetual easement in property located in the City of La Quinta and identified as Assessor Parcel No. 649-100-016, for the purposes of widening and improving the roadway on Jefferson Street from Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the Jefferson Street Widening Project; and WHEREAS, on September 7, 1999, after no less than 15 days written notice to the record owner of the property referenced above and more specifically described and depicted in the legal description and sketch attached hereto as Exhibits "A" and "B, "respectively, which legal description and sketch are incorporated herein by reference, the City Council of the City of La Quinta held a hearing for the purpose of allowing the record owner of the property a reasonable opportunity to appear and be heard on the following matters: A. Whether the public interest and necessity require the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; and D. Whether the offer required by Government Code Section 7267.2 had been given; and whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein (the "Property"), for the purposes T:\PWDEPT\PROJECTS\99Prjcts\99-OSJeffSt(54-IndBlvd)\ROW\3289828.wpd 899 134 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 2 of widening and improving Jefferson Street including, but not limited to, the addition of up to two through travel lanes in each direction (to provide a maximum six -lane facility) and the construction of raised landscaped medians; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1995 in which the City determined that, after the implementation of identified mitigation measures, the Project created no significant environmental impacts; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code § § 37350.5 and 40404; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: Section 1: The Project for which acquisition of the Property is required consists of the widening and improving of Jefferson Street between Avenue 54 and Highway 111, including installation of raised landscaped medians. Section 2: The property to be acquired is located within the City of La Quinta, County of Riverside, State of California, and is located on Jefferson Street, and otherwise identified as Assessor's Parcel No. 649-100-016. The portions of Property the City seeks to acquire, and the Property interests sought, consist of the following: A. A perpetual, exclusive easement for public right of way and roadway purposes, including all use of the Condemnation Parcel for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and above -ground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, over approximately * square feet of the Property more specifically described and depicted in Exhibits "A-1 " and "A-2" attached hereto. 899 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncMlvd)\ROW\3289828_%Vd 135 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 3 B. A Temporary Construction Easement in and over approximately 27,500 square feet of the Property, more specifically described and depicted in Exhibits "13-1 " and "B-2" hereto. The scope and terms of the Temporary Construction Easement shall consist of the interests described below: A nonexclusive easement which permits the City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, more specifically described in the legal description attached as Exhibit "13-1 " ("Easement Area") as deemed reasonably necessary for all purposes incidental to reconstructing and widening Jefferson Street in accordance with the approved street construction (the "Project"). The temporary construction easement shall include the right to perform any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment and material for all such necessary activities which are reasonably incidental to the work being performed on said property in connection with the Project. Such incidental activities shall include, but not be limited to, adjusting grade differentials between the planned street and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on -site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and connection of public right of way improvements to the larger parcel. The rights granted hereunder shall commence fourteen (14) days after written notification to the property owner, and shall continue in full force and effect until twelve (12) months after notice. Upon termination of the temporary construction easement, the Easement Area shall be restored to a condition that is functionally '11 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncMlvd)\ROW\3289828.wpd 136 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 4 equivalent as is practicable to its condition prior to the commencement of the work. Section : The public interest and necessity require the Project, in that the City's General Plan, specifically the Circulation Element, calls for the widening and improvement of Jefferson Street in the manner contemplated by the Project. In addition, the Jefferson Street roadway widening is designed to widen the roadway with the addition of up to two through travel lanes in each direction (to provide for a maximum six -lane facility) and the construction of raised landscaped medians. Section 4: The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to improve the continuity of the alignment of the road to improve the traffic flow capacity along this segment of Jefferson Street. The project is designed in a manner compatible with the greatest public good, in that the Project will involve roadway widening and improvements which will allow for the addition of up to two through travel lanes in each direction which will improve the levels of service and associated idling, thereby, decreasing pollutant emissions and, with the improvements in place, public services will be enhanced by improved police and fire response times. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to existing residences. Section : The Property to be acquired is necessary for the Project, in that the contemplated roadway widening and improvement must occur on property immediately adjacent to the existing roadway to insure the continuity of the roadway alignment to accommodate increased traffic handling capacity of the roadway. Section : The offer required by Government Code Section 7267.2 has been made to the record owner on August 5, 1999. The City's acquisition agent has attempted to negotiate with the record owner subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 7: To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, 901 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncMlvd)\ROW\3289828.wpd 7 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 Page 5 or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure § § 1240.510 and 1240.610. Section 8: The Project has been reviewed and approved under the California Environmental Quality Act by way of approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-378, approved May 18, 1999, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9: The Project has been reviewed by the Planning Commission for conformity with the City's General Plan as required by Government Code § 65402. The Planning Commission has found that the Project conforms with the City's General Plan. Section 10: The City Council hereby declares it is its intent to acquire a permanent, perpetual easement in a portion of the above -referenced Property, as more particularly described in Exhibit "A-1 " attached hereto and a temporary construction easement in a portion of the above -referenced Property, as more particularly described in Exhibit "13-1 " attached hereto, in the City's name in accordance with the provisions of the laws of the State of California. Section 11: The law firm of Rutan & Tucker, LLP, City Attorney for the City of La Quinta ("City Attorney") is hereby authorized and directed to prepare and prosecute in the name of the City such proceedings in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property described herein, and to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. 902 T:\PWDEPT\PROJECTS\99Pijcts\99-05Je£fSt(54-IndBlvd)\ROW\3289828.wpd 138 Resolution 99- Jefferson Street Resolution of Necessity Adopted: September 7, 1999 .Page 6 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71 day of September, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California 903 T:\PWDSPT\PROJECTS\99Prjcts\99-05JeffSt(54-IncM1vd)\R0W\3289828.wpd 139 LEGAL DESCRIPTION RIGHT-OF-WAY (APN 649-100-016): IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE EAST HALF OF THE SOUTH 5/8THS OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE EAST LINE OF SAID SOUTHEAST QUARTER AND A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 32; THENCE NORTH 89051'02" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 293.16 FEET; THENCE NORTH 00008'58" EAST, A DISTANCE OF 22.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 52.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89051'02" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 225.00 FEET; THENCE NORTH 45003'23" EAST. A DISTANCE OF 36.83 FEET TO A POINT ON A LINE PARALLEL WITH AND 72.00 FEET WESTERLY OF SAID EAST LINE OF THE SOUTHEAST QUARTER; THENCE NORTH 00002'13" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, AND HAVING A RADIUS OF 304.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°53'43", AN ARC DISTANCE OF 47.20 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, AND HAVING A RADIUS OF 304.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 81 °08'30" WEST; THENCE NORTHERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 8°05'44", AN ARC DISTANCE OF 42.95 FEET; THENCE TANGENT TO SAID CURVE NORTH 00045'46" EAST, A DISTANCE OF 337.96 FEET TO A POINT ON A LINE PARALLEL WITH AND 60.00 FEET WESTERLY OF SAID EAST LINE OF THE SOUTHEAST QUARTER; THENCE NORTH 00°02'13" WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 911.85 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SOUTH 5/8THS OF THE SOUTHEAST QUARTER OF SECTION 32: mm 1of2 140 (APN 649-100-016) (CONTINUED): THENCE NORTH 89024"21" EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET WESTERLY OF SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE SOUTH 00002'13" EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 1587.44 FEET TO THE POINT OF BEGINNING. COMPRISING 58,030 SQUARE FEET, MORE OR LESS. LAND NO. 5476 Of C Nk\ 905 2of2 141 EXHIBIT "A" LAND N 89024'2i"E 30.00' * REg 3aDli * N 00002' 13"NI - 911.85' o f�91 NO.5476 N OF CAL\ ._.................. ' m LUG + I - - I w o ., :m ID r Q en cu LLI a �� vn i V E ' U om , Z v7 649-100-016 Z PTR 2087284 0 m BLP DESERT W I o nee° 05' 44" T R=304.00' W L=42.95' T=21.51' nr8053' 43" r o R=304.00' L=47.20' T=23.65' m AREA OF PROPOSED PR. 15 '---- °. cn R/W s 58,030 S.F. ESMT . a m o A PORTION OF THE74 E 1/2 OF S 5/8 OF o Q N SE 1/4 OF SEC. 320 T.5 S., R.7 E., S.B.M. Z 65' ! 130' C/L 16' IID N 45°03'23"E 30' ESMT. PER OR 36.83' 86/286824 o N 00 08 58 E S 89° 51 02 E ., 22.00' _ P RM I.................. 225 OOT `_ L "' c * 293.16' ---" m N 89051'02"W P•O•B• m SE COR . to 9 0 rpm SEC.32 O /W cvu 01 13 nCCCQT RdO_ A AA_n 1 R - 1 R9c', to 9']A1 DC- 1771 ROAR ;) I —. Ii in-99 04' 25 PM / 122- - Robert Bein, William Frost and Associates 74-410 Highway 111 Palm Desert, CA 92260 August 9, 1999 JN 20-301477 Page 1 of 3 EXHIBIT "A" Legal Description Temporary 15' Construction Easement APN 649-100-016 In the City of La Quinta, County of Riverside, State of California, that portion of the East half of the South 5/8ths of the Southeast Quarter of Section 32, Township 5 South, Range 7 East, S.B.M., more particularly described as follows: Commencing at the point of intersection of a line parallel with and 30.00 feet Westerly of the East line of said Southeast Quarter and a line parallel with and 30.00 feet Northerly of the South line o said Southeast Quarter of Section 32; thence North 89°51'02" West, along last said parallel line, 293.16 feet to the true point of beginning; North 00°08'58" East, 22.00 feet; thence South 89°51'02" East, 225.00 feet; thence North 45°03'23" East, 36.83 feet; thence North 00°02'13" West, 200.00 feet to the beginning of a tangent curve concave easterly and having a radius of 304.00 feet; thence along said curve northerly 47.20 feet through a central angle of 08°53'43" to a point of reverse curvature with a curve concave westerly and having a radius of 304.00 feet, a radial line of said curve from said point bears North 81°08'30" West; thence along said curve northerly 42.95 feet through central angle of 08°05'44'; thence tangent from said curve North 00°45'46" East, 337.96 feet; 907 143 Legal Description August 9,1999 Temporary 15' Construction Easement JN 20-301477 APN 649-100-016 Page 2 of 3 thence North 00°02'13" West, 911.85 feet; thence. North 89°24'21" West,15.00 feet; thence South 00°02'13" East, 911.91 feet; thence South 00°45'46" West, 337.86 feet to the beginning of a tangent curve concave westerly and having a radius of 289.00 feet; thence along said curve southerly 40.83 feet through a central angle of 08°05'44" to a point of reverse curvature with a curve concave easterly and having a radius of 319.00 feet, a radial line of said curve from said point bears South 81°08'30" East; thence along said curve southerly 49.53 feet through central angle of 08°53'43'; thence non -tangent from said curve South 00°02'13" East, 193.77 feet; thence South 45°03'23" West, 24.37 feet; thence North 89°51'02" West, 233.77 feet; thence South 00°08'58" West, 37.00 feet; thence South 89°51'02" East, 15.00 feet to the point of beginning. Containing 27,395 square feet, more or less. H:\GRP70\PDATA\301477\OFFICE\WPWINUgals\649-100-016.wpd 908 ME EXHIBIT "B" A P❑RTI❑N OF THE E 1/2 OF S 5/8 OF SE 1 /4 OF SEC. 32, T. 5 S. , R. 7 E. S. B, M. ® AREA OF PROPOSE ® TCE = 27,395 S. I� Im NO. LINES 5/8, SE 1/4,SEC. 32 J J A. P. N. 649-100-016 PTR 2087284 BLP DESERT I WIVE TABLE NO. DELTA RADIUS LENGTH C7�06'53'43' 304.00' 47.20 �— C2 08'05:44: 3D4.00' 42.95' I C3 08'0544289.00' 40.83' I 04 08'53'43' 319.00 49.53' I p COURSE TABLE I I II NO. BEARING DISTANCE crl I L1 N00'06'56'E 22.00' .-+ L2 S89'51'02'E 225.00' L3 N45'03'23'E 35.83' LLI L4 N00'02'13-r 20000: J L5 NOD 45'WE 337:96 I Q L6 NOD 02'13'r VIM' I V L7 N09.24'2IN 15.00' LB N00'02'13'E 911.91' I 1 L9 NOD '02'13'r 193.77' LID S45.03'23'r 2437' U1 N09'51'02'r 233:77' L12 N00'06'58'E 37.00' 15 L13 NB9'51'02'M 15.00' L14 N00'45'46-E 337.86' I I• i o C/L 16' IID ESMT. PER OR 86/286824 - - - - - - - - - - - - -J L13 T.P.0.8. . • O ilE R `I�ibat Bein,c iamF ost (� �ssoGieOea o /�• 6 PROFESSIONAL EN9IlEERS. FLAMERS k SJWEYOM H 74-410 NIOMV 111. PATH DOW. CALIFMIA SM (NO) 3W?MI • FAK (M) 3N.8316 j N 89j24' 21' E 7' 3 . 00' Li LLJ o o cu [ES Z 0 O Ld rvLL- LLJ I MEM i 30' i 30' I 721 I o I o I + � I i I I I I I P. ❑. c. o * SE C❑R. 5 b SEC. 32 SHEET 3 OF 3 SHEET AUGUST 2, 1999 SCALE FIELD BOOK JOB NO. � j U 1"=80301477 E 0 rn rn 11-1 11-1 00 O 145 ATTACHMENT 1 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-290-009 TO: Richard W. Ackerman Bruce H. Throckmorton and Marilyn M. Throckmorton Donald D. Allen and Sally C. Allen Arthur J. Alper and Ann Alper 16 Mount Holyoke Drive Rancho Mirage, CA 92270-3666 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 769-290-009. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further 910 780/015610-0008/3286681. a08/17/99 147 y - � information regarding the Project, please contact Mr. John Freeland at (760) 777-7045. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUNTA -, B' y; ; ohn Freelan 911 780/015610-0008/3286681. a08/17/99 148 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 649-100-016 TO: BLP Desert 16400 Pacific Coast Highway, #207 Huntington Beach, CA 92649 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 649-100-016. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B . The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information. and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland at ' (760) 777-7045 . si4W 780/015610-0008/3286620. a08/17/99 149 Please be advised that you are entitled to appear and be heard on any of the matters encompassed wiLhin Lhe resuluLiun, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUINTR n By: !hn Freeland 913 780/015610-0008/3286620. a08/17/99 1 5 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NOs. 769-290-015 and 769-290-016 TO: Julian F. Baden Anna M. Baden 78670 U.S. Highway 111, #178 La Quinta, CA 92253-2048 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel Nos. 769-290-015 and 769-290-016. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further 914 780/015610-0008/3286682. a08/17/99 J information regarding the Project, please contact Mr. John Freeland at (760) 777-7045. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUINTA By: ?c�, Pree1and 780/015610-0008/3286682. a08/17/99 15 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-270-002, 769-280-0003 and 769-270-008 TO: Brookfield California Land Holdings, Inc. 3 Imperial Promenade, #850 Santa Ana, CA 92707-5903 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La, Quinta and identified as Assessor's Parcel No. 769-270-002, 769-270-003 and 769-270-008. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of 'the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City' s initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland at (760) 777-7045. 780/015610-0008/3286685. a08/17/99 916 1533 .4 .T Please be advised that you are entitled to appear and be heard on any of the matters enc;umpassed wiLhin Lhe Lu8uluLiun, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comment to contact Mr. John Freeland cooperation in this matter. s or questions, please do not hesitate at (760) 777-7045. thank you for your Very truly yours, CI' By 91-t 780/015610-0008/3286685. a08/17/99 f 54 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-270-001 TO: Jeffrey A. Cole Kathleen A. Cole 80041 Avenue 50 La Quinta, CA 92253 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 769-270-001. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B . The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. -The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City' s initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland i at (760) 777-7045. 91 3 780/015610-0008/3286688. a08/17/99 .4:a %. Please be advised that you are entitled to appear and be heard on any of the matters encumpassed within Lhe LesuluLiun, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA Q INT� By ' hn Freeland 913 780/015610-0008/3286688. a08/17/99 1 v NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-290-010 TO: Larry E. Lichliter 80138 Hermitage La Quinta, CA 92253-5047 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 769-290-010. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland .at (760) 777-7045.� 780/015610-0008/3286678. a08/17/99 157 4 Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to' file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUI By:IV ohn reeland 780/015610-0008/3286678. a08/17/99 1.15,8 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 763-480-011 TO: Warner C. Lusardi 1570 Linda Vista Sam Marcos, CA 92069-3808 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 763-480-011. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City' s initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland at (760) 777-7045.�,� 780/015610-0008/3286608. a08/17/99 159 Please be advised that you are entitled to appear and be heard on any of the matters encompassed within Lhe resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUINT By: .,rl GAUL\ JJohn Freela 9of-' 780/015610-0008/3286608. a08/17/99 16 f1 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-300-001 and 769-300-004 TO: Majestic Development 8570 Cedar Drive Fresno, CA 93725 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 769-300-001 and 769-300-004. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland ��� at (760) 777-7045. 780/015610-0008/3284928. a08/17/99 " on] Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an. eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUI ' BY . j J hn Free .a 3 780/015610-0008/3284928. a08/17/99 162 we NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 769-750-007 TO: Montezuma Oeste, Inc. 73550 Alessandro Dr., #200 Palm Desert, CA 92260 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 769-750-007. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland at (760) 777-7045. 780/015610-0008/3286616. a08/17/99 163 Please be advised that you are entitled to appear and be heard on any of the matters encompassed wiLhin Lhe resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUINTA By. ,hn Free and 947 780/015610-0008/3286616. a08/17/99 164 or — c NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 649-100-008, 649-100-009 and 649-100-021 TO: TD Desert Development P. O. Box 10246 Birmingham, AL 35202-0246 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel No. 649-100-008, 649-100-009 and 649-100-021. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland098 at (760) 777-7045. 780/015610-0008/3286621. a08/17/99 16 5 r- 4 r Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra'Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUINTA/ By:" -*,-.John Freeland o?g 780/015610-0008/3286621. a08/17/99 A C) r, NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF THAT CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NOs. 769-230-007, 769-230-019, 769-230-020, 769-230-023, 769-230-024, 769-230-025, 736-230-026, 769-230-027, 769-230-029, 769-230-030, 769-240-001, 769-240-002, 769-240-003, 769-240-005, 769-240-016, 769-240-017, 769-280-027, 769-280-028, 769-280-029, 769-280-030 and 769-280-031 TO: Xochimilco Properties, Inc. 56-140 PGA Blvd. La Quinta, CA 92253-4600 This Notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This Notice concerns a portion of that certain real property located in the City of La Quinta and identified as Assessor's Parcel Nos. 769-230-007, 769-230-019, 769-230-020, 769-230-023, 769-230-024, 769-230-025, 736-230-026, 769-230-027, 769-230-029, 769-230-030, 769-240-001, 769-240-002, 769-240-003, 769-240-005, 769-240-016, 769-240-017, 769-280-027, 769-280-028, 769-280-029, 769-280-030 and 769-280-031. The City of La Quinta ("City") has been investigating the acquisition of this property for the accommodation of a roadway widening project ("Project"). The record owner was previously contacted by an appraiser, retained by the City, and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property of a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B . The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property sought to be acquired is necessary for the Project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of La Quinta will be asked to decide if the above conditions are met concerning the City's acquisition of the above -referenced property as described above, and whether the City has complied with all other requirements and procedures necessary to acquire the property by eminent domain. This meeting will be held at or about 7:00 p.m. on September 7, 1999 in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California 92253. If these conditions 780/015610-0008/3286603. a08/17/99 �� 9319 167 r are met, the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. For your information and convenience, a description of the property is attached to this Notice. If you would like further information regarding the Project, please contact Mr. John Freeland at (760) 777-7045. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard, please file a written request to appear with Sandra Juhola, City Clerk, at City Hall for the City of La Quinta, at the above address, before September 7, 1999. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the findings or matters including within it, or any of actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. John Freeland at (760) 777-7045. thank you for your cooperation in this matter. Very truly yours, CITY OF LA QUJNTPr gy. John Freeland 780/015610-0008/3286603. a08/17/99 i 6 R Tdf 4.4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 25-, 1999 CONSENT CALENDAR: ITEM TITLE: Consideration of a Resolution to Vacate STUDY SESSION: a Portion of the Avenida Alvarado Right -of -Way, at the Intersection of Avenida Montezuma, Street PUBLIC HEARING: Vacation Case No. 99-038 Adopt a Resolution of the City Council approving Street Vacation 99-038, vacating a portion of the Avenida Alvarado right-of-way , at the intersection of Avenida Montezuma. None. None. Mr. D. McHattie is the applicant for the proposed street vacation and will be the benefitting landowner if approved. All of the documents describing the proposed street vacation have been prepared by a licenced professional, retained at Mr. McHattie's expense. The specific portion of Avenida Alvarado proposed for vacation is located near the intersection of Avenida Montezuma as generally indicated on Attachment 1 and more specifically indicated on Exhibits "A" and "B," attached to the Resolution. This portion of the Avenida Alvarado Right -of -Way is not needed by other property owners for access or improved accessibility to residential properties. The roadway configuration is shown in Attachment 2. There are no street improvements within this proposed vacation area. The surrounding street improvements were installed as part of the Cove Improvement Program, in which the City realigned the connection of Avenida Alvarado to Avenida Montezuma in an effort to improve traffic safety and neighborhood cohesiveness. The subject location is a result of that activity. 93 T:\PW DEPT\CO U NC IL\ 1999\990907d. wpd On July 8, 1999, City staff mailed notices to all public agencies, informing them of the proposed vacation. The City has not received any comments opposing the vacation. There are no in -place public utilities within the proposed vacation parcel. However, in their letter dated August 19, 1999, the Coachella Valley Water District (CVWD) had originally requested that the City reserve an easement over the entire vacation parcel for possible future public water and sewer facilities (see Attachment 3). CVWD staff has since reconsidered their original request and verbally agreed that no easement reservation is required at this location. A letter confirming this is forthcoming from CVWD. The application was considered by the La Quinta Planning Commission on July 13, 1999. The Planning Commission found the proposed street vacation to be consistent with the City of La Quinta General Plan and Circulation Element. On August 3, 1999, the City Council adopted Resolution 99-97, declaring intention to schedule a Public Hearing on September 7, 1999. Public hearing notices were posted on the property to be vacated and published in the newspaper, in accordance with the Streets and Highways Code. The Planning Commission reviewed the proposed street vacation at its July 13, 1999 meeting and determined it is consistent with the General Plan. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Street Vacation 99-038, vacating a portion of the Avenida Alvarado right-of-way at the intersection of Avenida Montezuma; or 2. Do not adopt a Resolution of the City Council approving Street Vacation 99- 038, vacating a portion of the Avenida Alvarado right-of-way at the intersection of Avenida Montezuma; or 3. Provide staff with alternative direction. Chris A. Vogt Public Works Director/City Engineer 7-missi by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Roadway Configuration 3. CVWD Response Letter dated August 19, 1999 9.33 002 TAMDEPT\COU NC IL\ 1999\99O9O7d. wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A PORTION OF THE AVENIDA ALVARADO STREET RIGHT OF WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 2. STREET VACATION CASE NO. 99-038 WHEREAS, the City Council of the City of La Quinta did adopt Resolution 99- 97, declaring its intention to vacate a portion of Avenida Alvarado, and setting the date of September 7, 1999, at the hour of 7:00 P.M., in the La Quinta Civic Center Council Chambers as the date, time, and place for the hearing of all persons interested in presenting their views and testimony in regard to the proposed street vacation; and, WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law, and, WHEREAS, following its discussion of the street vacation application on July 13, 1999, the Planning Commission of the City of La Quinta has determined that the vacation of said street portions is not in conflict with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said public street vacation, as follows: 1. Vacation of the subject portions of the public street right-of-way of Avenida Alvarado will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected portions of the Avenida Alvarado street right-of-way are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 3. No local public agency has submitted objections to the proposed street vacation, based on the City's request for comments issued July 7, 1999. 4. Approval and adoption of the proposed public street vacation will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the public street easement will restore possession of the vacated right-of-way to the vested owner of the abutting parcel of real 934, Oil T:\PW DEPT\COUNCIL\ 1999\990907d. wpd property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portions of the public streets known as Avenida Alvarado, generally located near the intersection of Avenida Montezuma, and more specifically described in the legal descriptions and plats, labeled Exhibits "A" and "B," attached hereto and incorporated herein, are unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of the portions of the public streets described in Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein. SECTION 3: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder, that from and after the date of such recordation said portions of the public street vacated no longer constitute a public street or highway. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of September 1999, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEI A, Mayor City of La Quinta, California .935 004 T AMDEMCOU NCI L\ 1999\990907d. wpd STREET VACATION CASE NO. 99-038 EXHIBIT "A" Being that portion of the right of way for Avenida Alvarado as shown by the Map of the Santa Carmelita at Vale La Quinta, Unit No. 2 in the City of La Quinta recorded in Book 18 of Maps, pages 55 and 56, Official Records of Riverside County, California, being more particularly described as follows: Beginning at the Southwesterly Corner of Lot 15, Block 21 of said Map; thence along the Westerly prolongation of the Southerly line of said Lot 15, South 89' 53'37" West 3.55 feet to a non -tangent curve concave to the Southwest having a radius of 80.00 feet and a radial which bears S72° 45' 10" W; thence northwesterly along said curve through a central angle of 16' 14' 49" an arc length of 22.68 feet; thence N 33' 29'39"W, 7.98 feet; thence North 10' 11'57" East, 17.96 feet; to the beginning of a non tangent curve concave to the Northwest, having a radius of 930.00 feet and a radial which bears N 36106'28" W, thence northeasterly along said curve through a central angle of 01' 42' 19" an arc length of 27.68 feet to a point in the northwesterly line of said Lot 15, said point being at the point of reverse curve with said 930.00 radius and a curve concave southeast having a radius of 20.00 feet and a radial which bears N 370 48'47"W, thence along the westerly line of said Lot 15 and southwesterly along said 20.00 foot radius curve through a central angle of 52' 17' 36", an arc length of 18.25 feet; thence South 00' 06'23" East, 45.56 feet along the westerly line of said Lot 15, to the point of beginning. Containing 634 sq. ft. Prepared by Bolton Engineering Corporation Ross N. Bolton R.C.E. 26120 July 07, 1999 93f3 006 STREET VACATION CASE NO. 99-038 EXHIBIT "B" CURVE DATA TABLE DELTA RAID. TAN. LEN. 10 07"35'34" R = 930.00' T = 61.71' L = 123.24' O2 52"17'36" R = 20.00' T = 9.82' L = 18.25' 03 01 "42'19" R = 930.00' T = 13.84' L = 27.68' ® 16"14'49" R = 80.00' T = 11.42' L = 22.68' LINE DATA TABLE BEARING LEN. 1❑ S10-11-57"W 17.96' 20 S33`29-39"E 7.98' 3 S89°5337W 3.55' 0 X s` F EOFCI t BOLTON ENGINEERING CORPORATION 707 Silver Spur Road, Ste. 201 Rolling Hills Estates, Ca. 90275 Ph. (310)544-6010 Fax. (310)544-0458 �/ ?-S--t9 Ross N. Bolton R.C.E. 26120 EXP. 3-31-02 Date 15 POINT OF BEGINNING 100.00, AW9 18/1 BLOC 4-- o' SCALE 1 "=40' 12.00' CITY OF LA QUINTA RIGHT OF WAY VACATION PLAT 3"S A6 21 2 )- -%Iq y No.26120 Exp. 3-31-02 OU7 VICINITY MAP ATTACHMENT 1 \ Iw y =y t 1 n v 3W r'4t tit I/ ' LA QUINTA _ No pLF ESTATES t + '4 ay.� LA QUINTA r' z 1 AVE MONTEAO r 4, c $AN TIMOTEO yW = 2 CALLE REMO r,. A E.., 3 VIA d. 3 CALLE HUERTO " yj u VISTA i A ME 4 VIA POMPA ,• Cl o� ! t2i LA,O A D VIA SONATA a RT. CLOD 'ate �A A ' RUSH AVE �COufSB CL B yt=' BOTTLE BRUSH DR EA A CIA c : v CALLES �\ PEOUENA : CALIF LA QUINTA Gp H * CAL FELIPE CLUB SCHOOLS (PARK! I CULO A a' MANOR _ AV 50 Z. TE . P w OVE �r LAQ NfA Iflo r �, CDUIIB S OU 3VEq�ES G1 X R '�"� '•� p Cli� li RT d--CLUB, F I'fu CLUK ' D VIEWR :1 wz c ' BI N F�/�I AIQI#.A�S'E EOI�flAtl"1i>.w a., i X, EM CH ER FALL E P TED C � O ° ((FUTURE MAFLNW j R COvE CT T U IS OF LA OU/NTA THE VILLA E LA ARTS P4, AT LA OU A FOU ON STREET l "r�rQaix BER.oF S INc_4M - ', ." SIfiSERM MERCE® '� VE A N A T PICO x VACATION 99-038 y Cp\lE UCAI CA a AVE AFONDA IA7 0' {f_ T R r ,. 1 ♦ s w J¢ Q�-.i, „\e, o x cn ~ a a a CA A O I l x a AV 52 �DESE B DR" LA`OUINTA VILLAGE Q < J SHOPPfIy� ,,ENTER > r C LL SIN l0 s FIRE TATISENIOR CEO E R IG h W J 'a '"'"". PRANCES HACK LN ,' • " F%' 1 _ FRITZ B..BURNS ph" a a a a a PARK �r ICA LE ON RA a r $ .y ARTS FESTIVAL � GROUNDS n C R IE 1 I1/ TLNT7lIN x` + ICA LE I NSf JAIT BASIN � � V L �yx.t ,y fti { i I LEA Y.. cc W 3i v� a CA LE HILAI UA I.. 11CAIJI-E ON ERI Nk^y �Y AlR A u z T- a o A E HI N' < a Q N � r` ,"�M�'i�� it' .. �• j- 4'�`' a E AD ID ytc�.. �U, C 3 d �nSli A E M U a riZt 1 a ¢ �.�, r '' '• '14�$ ' x / 4 .. ca.> Vr i x I' Tp r a a a a A E a �\ `^ ' � ✓q5.-,0�?r�;7��ew- J tFR�t A E C E a a a a a � •x e n k r Ct 111i7'EA'T'1(l:\ Ii.•ltil;\' j s �• e w i iowl LA OUINTA STORMWATER J PROTECTION PROJECT `;~ -, -V STREET VACATION 99-038 ATTACHMENT 2 941, z ATTACHMENT 3 ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRIM 2 41999 POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 PUBLIC W01.- DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E. LEVY, GENERAL MANAGER -CHIEF ENGINEER RUSSELL KITAHARA, VICE PRESIDENT BERNARDINE SUTTON, SECRETARY JOHN W. McFADDEN August 19, 1999 OWEN MICOOK, ASSISTANT GENERAL MANAGER R DWINE AND SH RRILL, ATTORNEYS JOHN P. POWELLOWELL, Jr. DOROTHY M. NICHOLS Romano Verlengia City of La Quinta Post Office Box 1504 La Quinta, California 92253 Dear Mr. Verlengia: File: 0652.21 Subject: Vacation 99-038, Portion of Avenida Alvarado at Avenida Montezuma This district has no objections to Vacation 99-038. However, we request that the vacation resolution provide for reservation of public water and sewer facilities as provided in Section 8340 of the Streets and Highways Code. Please provide us with a copy of the vacation resolution for our files. If you have any questions please call Ruth Dearden, right-of-way division, extension 280. RD:md\eng\rw\aug\vilengra Yours very truly, Tom Levy General Manager -Chief Engineer TRUE CONSERVATION 9 4 Z. USE WATER WISELY O i l CITY ATTORNEY'S REPORT OF CLOSED SESSION ACTIONS COUNCIL MEETING DATE SUBJECTCSu-- GOV'T. CODE SECTION 9P7Sj ACTION TAKEN VOTE: AYES: Ado enderso erk' , Sn' Mayor �Pe'nq NOES: Adolph, Henderson, Perkins, niff, Mayo ria ABSTAIN: Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: Adolph, Henderson, Perkins, Sniff, Mayor Pena Signed Dawn C. Honeywell, City Attorney 94�