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1999 11 02 CCCity Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting November 2, 1999 - 2:00 P.M. CALL TO ORDER a. Pledge of Allegiance b. Roll Call PUBLIC COMMENT Beginning Res. No. 99-142 Ord. No. 337 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 IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. 1. POTENTIAL ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) - (ONE CASE). - 001 4W 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - KSL/C.V. UNIFIED SCHOOL DISTRICT, CASE NO. 798236; CVWD vs. CITY OF LA QUINTA, CASE NO. INCO10827; CITY OF LA QUINTA vs. ART FERNANDEZ, CASE NO. TCO1 1000; HANOVER vs. CITY OF LA QUINTA CASE NO. 085167; PEOPLE OF THE STATE OF CALIFORNIA vs. STEVEN RUMMONDS, CASE NO. INM71412; CITY OF LA QUINTA vs. LUSARDI, CASE NO. 014016; CITY OF LA QUINTA vs. MONTEZUMA OESTE, INC., CASE NO. 014018; CITY OF LA QUINTA vs. MAJESTIC DEVELOPMENT, CASE NO. 014017; CITY OF LA QUINTA vs. LICHLITER, CASE NO. 014014; CITY OF LA QUINTA vs. ACKERMAN, CASE NO. 014010; CITY OF LA QUINTA vs. COLE, CASE NO. 014013; CITY OF LA QUINTA vs. BADEN, CASE NO. 014012; AND PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) THREE POTENTIAL LITIGATION MATTERS. 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 Approval of Minutes of October 19, 1999. ANNOUNCEMENTS PRESENTATIONS PRESENTATION BY RIVERSIDE COUNTY FIRE/UNIT CHIEF JAMES M. WRIGHT REGARDING TREES FOR THE MILLENNIUM GRANT AWARD. WRITTEN CORRESPONDENCE - NONE -2- 002 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 NOVEMBER 2, 1999. 2. APPROVAL OF FISCAL YEAR 1998/99 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 3. APPROVAL TO AWARD A PROFESSIONAL SERVICES CONTRACT TO DAVID EVANS AND ASSOCIATES TO PROVIDE LANDSCAPE DESIGN FOR JEFFERSON STREET MEDIANS, AVENUE 54 TO HIGHWAY 1 1 1. 4. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CVAG FOR REIMBURSEMENT OF CMAQ - TEA21 FUNDS. 5. ADOPTION OF A RESOLUTION DESIGNATING A 35 MPH SPEED LIMIT ON DARBY ROAD. 6. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM SOROPTIMIST INTERNATIONAL. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF A RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION FOR THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 TO HIRE A CULTURAL RESOURCES CONSULTANT TO PREPARE GUIDELINES FOR THE CURATION OF ARCHAEOLOGICAL COLLECTIONS. A) MINUTE ORDER ACTION. 2. CONSIDERATION OF APPROVING THE "ART IN THE GARDEN" EVENT TO BE HELD BY THE LA QUINTA ARTS ASSOCIATION AT 51-351 AVENIDA BERMUDAS ON NOVEMBER 20, 1999. APPLICANT: LA QUINTA ARTS ASSOCIATION A) MINUTE ORDER ACTION. 3. CONSIDERATION OF THE COMMUNITY SERVICES GRANT PROCESS. A) MINUTE ORDER ACTION. 110 003 4. CONSIDERATION OF A REQUEST FROM THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR A CONTRIBUTION OF $5,000 TOWARD A CENSUS 2000 COORDINATOR. A) MINUTE ORDER ACTION. 5. CONSIDERATION OF POTENTIAL PROJECTS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDS THROUGH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC). A) MINUTE ORDER ACTION. STUDY SESSION DISCUSSION REGARDING THE ART IN PUBLIC PLACES ORDINANCE. REPORTS AND INFORMATIONAL ITEMS A. CULTURAL ARTS COMMISSION MEETING MINUTES OF SEPTEMBER 9, 1999 B. CVAG COMMITTEE REPORTS C. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) D. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) E. C.V. MOUNTAINS CONSERVANCY (SNIFF) F. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) G. LEAGUE OF CALIFORNIA CITIES COMMITTEES H. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) I. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) J. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION K. RIVERSIDE COUNTY LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) L. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD M. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) N. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) l DEPARTMENT REPORTS A. CITY MANAGER 1. RESPONSE TO PUBLIC COMMENTS 2. MARKETING PROGRAM STATUS REPORT B. CITY ATTORNEY C. CITY CLERK 1. REPORT ON UP -COMING EVENTS D. BUILDING AND SAFETY DIRECTOR E. COMMUNITY DEVELOPMENT DIRECTOR 1. SUMMARY OF CITY COUNCIL/PLANNING COMMISSION COMMENTS ON THE GENERAL PLAN RECOMMENDED LAND USE MAP. F. COMMUNITY SERVICES DIRECTOR G. FINANCE DIRECTOR H. PUBLIC WORKS DIRECTOR I. POLICE CHIEF 1. MONTHLY REPORT FOR SEPTEMBER 1999 J. BATTALION CHIEF 1. QUARTERLY REPORT MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING 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 -5- PUBLIC HEARINGS PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 99-388, SPECIFIC PLAN 99-038, AND SITE DEVELOPMENT PERMIT 99-658, A REQUEST TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, APPROVE DEVELOPMENT PRINCIPLES AND GUIDELINES FOR A 76,669 SQUARE FOOT MEDICAL CENTER COMPLEX ON SIX ACRES AND APPROVE ARCHITECTURAL AND LANDSCAPING PLANS FOR A TWO STORY HIGH MEDICAL OFFICE BUILDING (PHASE 1) CONSISTING OF 47,890± SQUARE FEET OF FLOOR AREA AT THE NORTHEAST CORNER OF WASHINGTON STREET AND 48TH AVENUE. APPLICANT: EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. A) RESOLUTION ACTION. 2. PUBLIC HEARING ON SPECIFIC PLAN 96-027, AMENDMENT #1, A REQUEST TO ALLOW SPECIAL OUTDOOR EVENTS IN THE HOME DEPOT PARKING LOT (79-900 HIGHWAY 111) FOR 40 DAYS PER YEAR WITH NO SINGLE EVENT LASTING LONGER THAN 10 DAYS UPON APPROVAL OF A TEMPORARY USE PERMIT. APPLICANT: HOME DEPOT A) RESOLUTION ACTION. 3. PUBLIC HEARING ON SPECIFIC PLAN 83-001, AMENDMENT #5 AND SITE DEVELOPMENT PERMIT 99-660 TO MODIFY THE UNIT COUNT, SEPARATE THE SEASONS, ADD A NEW GRADING/UNIT TYPE AND ALLOW A 10-FOOT REAR SETBACK, AND APPROVAL OF DEVELOPMENT PLANS FOR TWO PROTOTYPE RESIDENTIAL UNITS. APPLICANT: CENTURY- CROWELL COMMUNITIES. A) RESOLUTION ACTION. 4. PUBLIC HEARING ON INCREASING LICENSE AND IMPOUND FEES FOR UNALTERED DOGS AND TO ESTABLISH A VOUCHER PROGRAM FOR SPAY AND NEUTER SERVICES. A) RESOLUTION ACTION. 5. PUBLIC HEARING ON CONDITIONAL USE PERMIT AND DETERMINATION OF RECORD OF LIEN FOR PROPERTY LOCATED AT 78-120 CALEO BAY, LA QUINTA, CALIFORNIA. A) RESOLUTION ACTION. ADJOURNMENT go DECLARATION OF POSTING I, Regenia Hensley, Deputy City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of November 2, 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 111, on Friday, October 29, 1999. DATED: October 29, 1999 R ENIA HENSLEY, Deputy Ci y 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. -7- 007 °Z t�l�cu U S OF rN�O COUNCIL/RDA MEETING DATE: NOVEMBER 2, 1999 ITEM TITLE: Demand Register Dated November 2, 1999 RECOMMENDATION: BACKGROUND: Prepaid Warrants: 38850 - 388561 38857 - 388601 38861 - 3886711 38868 - 38874) Wire Transfers', P/R 3857 - 3925) P/R Tax Transfers Payable Warrants: 38875 - 390101 FISCAL IMPLICATIONS: Demand of Cash -City Approve Demand Register Dated November 2, 1999 Joh M. Falconer, Finance Director 6,460.26 56,203.07 45,753.76 154,769.80 192,028.96 84,884.23 24,015.38 348,756.64 $912,872.10 $721,620.68 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR l STUDY SESSION PUBLIC HEARING CITY DEMANDS RDA DEMANDS $721,620.68 191,251.42 $912, 872.10 Mw CITY OF LA QUINTA BANK TRANSACTIONS 10/14/99 - 10/27/99 10/15/99 WIRE TRANSFER - DEFERRED COMP 10/15/99 WIRE TRANSFER - PERS 10/15/99 WIRE TRANSFER - CREDIT UNION 10/21/99 WIRE TRANSFER - RDA ESCROW 10/25/99 WIRE TRANSFER - RDA ESCROW 10/26/99 WIRE TRANSFER - RDA ESCROW 10/27/99 WIRE TRANSFER - RDA ESCROW TOTAL WIRE TRANSFERS OUT $4,933.49 $13,421.15 $5,774.32 $45,000.00 $47,900.00 $50,000.00 $25,000.00 $192,028.96 000 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:18AM 10/26/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 38875 10/26/99 &00913 VELMA GAFFNEY 70.00 38876 10/26/99 &00914 LISA GALVIN 45.00 38877 10/26/99 &00915 MARILYN HAHN 150.00 38878 10/26/99 &00916 TRADITIONAL BUILDING CO 1.28 38879 10/26/99 &00917 JORGE ALVARADO 75.00 38880 10/26/99 &00918 JOE DEMARCO 3.00 38881 10/26/99 &00919 LORI GARTHWAITE 130.00 38882 10/26/99 &u0920 PHYLLIS HUNTER 65.00 38883 10/26/99 &00921 NICKIE JIMENEZ 45.00 38884 10/26/99 &00922 JERRY LIDYARD 65.00 38885 10/26/99 &00923 TARA LOMBARDELLI 65.00 38886 10/26/99 &00924 PATTI MILLER 65.00 38887 10/26/99 &00925 MARCI MROZ 45.00 38888 10/26/99 &00926 JACK OKSNEE 20.00 38889 10/26/99 &00927 CAROL MARQUETTE 60.00 38890 10/26/99 &00928 KANA TAMBLYN• 45.00 38891 10/26/99 &00929 JAN R WANDERSCHED 3.00 38892 10/26/99 &00930 RACHAEL YOUNG 65.00 38893 10/26/99 &00931 JULIE ZWEIFEL 4.00 38894 10/26/99 ALC050 BOB ALCALA 21.00 38895 10/26/99 ALL100 ALLIANCE SERVICE STATION 829.88 38896 10/26/99 AME200 AMERIPRIDE UNIFORM SVCS 96.11 38897 10/26/99 AND050 ANDY'S AUTO REPAIR 7.50 38898 10/26/99 ARRO10 ARROW PRINTING COMPANY 302.24 38899 10/26/99 ATT075 AT&T WIRELESS SERVICES f 23.81 38900 10/26/99 AUT030 AUTOMATED TELECOM 537.84 38901 10/26/99 BEI050 R BEIN, W FROST & ASSOC 49813.60 38902 10/26/99 BER150 BERRYMAN & HENIGAR INC 5904.00 38903 10/26/99 BLU011 BLUEPRINTER 464.76 38904 10/26/99 BOG100 SHARON BOGAN 72.80 38905 10/26/99 BSN050 BSN SPORTS 63.57 38906 10/26/99 CAD010 CADET UNIFORM SUPPLY 260.06 38907 10/26/99 CAL033 CA PLANNING & DEVELOPMENT 217.00 38908 10/26/99 CAL080 CA SOC MUNCIPAL FINANCE 100.00 38909 10/26/99 CAP050 ROSMARY CAPUTO 140.00 38910 10/26/99 CAR300 CARQUEST 167.37 38911 10/26/99 CAT100 CATELLUS RESIDENTIAL 77210.39 38912 10/26/99 CEN010 CENTURY FORMS INC 168.07 38913 10/26/99 COA021 COACHELLA VALLEY ECONOMIC 500.00 38914 10/26/99 COA080 COACHELLA VALLEY WATER 551.59 38915 10/26/99 COM015 COMPUTER U LEARNING CENTR 1143.75 38916 10/26/99 COM040 COMMERCIAL LIGHTING IND 460.64 38917 10/26/99 C00050 J P COOKE CO, THE 251.25 38918 10/26/99 C00075 COOK STREET PRINTING INC 368.36 38919 10/26/99 COO100 COOLEY CONSTRUCTION INC 1666.67 38920 10/26/99 COS050 COSTCO BUSINESS DELIVERY 327.53 38921 10/26/99 DAY010 DAY -TIMER 137.97 010 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:18AM 10/26/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 38922 10/26/99 DES018 DESERT ELECTRIC SUPPLY 226.64 38923 10/26/99 DESO40 DESERT JANITOR SERVICE 4028.50 38924 10/26/99 DES060 DESERT SUN PUBLISHING CO 2849.83 38925 10/26/99 DES065 DESERT TEMPS INC 3316.20 38926 10/26/99 DIS100 DISPLAY TECH EXHIBITS 5828.90 38927 10/26/99 DOU010 DOUBLE PRINTS 1 HR PHOTO 12.70 38928 10/26/99 ECO100 ECONOLITE CONTROL PRODUCT 122.75 38929 10/26/99 EVA050 DAVID EVANS & ASSOC INC 3957.07 38930 10/26/99 FED010 FEDERAL EXPRESS CORP 150.55 38931 10/26/99 FIS050 FISHER BUSINESS SYSTEMS 241.36 38932 10/26/99 FOL100 FOLD -A -GOAL 160.70 38933 10/26/99 GAL100 THE GALLERY COLLECTION 65.99 38934 10/26/99 GOV100 GOVERNMENT FINANCE 150.00 38935 10/26/99 GRA010 GRANITE CONSTRUCTION CO 79.51 38936 10/26/99 GTE010 GTE CALIFORNIA 102.33 38937 10/26/99 GUM050 BRAD GUMMER 913.50 38938 10/26/99 HEG050 JIM HEGGE 400.00 38939 10/26/99 HEN050 TERRY HENDERSON 60.80 38940 10/26/99 HIG010 HIGH TECH IRRIGATION INC 279.94 38941 10/26/99 HIL150 HILTON FARNKOPF & 2466.40 38942 10/26/99 HOA010 HUGH HOARD INC 365.53 38943 10/26/99 HOM030 HOME DEPOT 565.86 38944 10/26/99 ICIO55 ICI DULUX PAINT CENTERS 63.73 38945 10/26/99 IMPO10 IMPERIAL IRRIGATION DIST 18889.13 38946 .10/26/99 INF030 INFORMATION RESOURCES 375.00 38947 10/26/99 INT015 INTERNATIONAL CONFERENCE 14.00 38948 10/26/99 JPRO10 JP REPROGRAPHICS 610.87 38949 10/26/99 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 38950 10/26/99 KEL010 KELLY SERVICES INC 957.95 38951 10/26/99 KRI100 BRUCE KRIBBS CONSTRUCTION 5116.00 38952 10/26/99 LAQ030 LA QUINTA CAR WASH 39.80 38953 10/26/99 LAQ063 LA QUINTA H S SWIM TEAM 500.00 38954 10/26/99 LAQ064 LA QUINTA HIGH INTERACT 500.00 38955 10/26/99 LAQ100 LA QUINTA VOLUNTEER FIRE 363.75 38956 10/26/99 L00010 LOCK SHOP INC 103.44 38957 10/26/99 LOP050 RAY LOPEZ ASSOCIATES 3400.00 38958 10/26/99 LOSO40 LOS ANGELES COUNTY 750.00 38959 10/26/99 LUB050 LUBE SHOP 34.22 38960 10/26/99 LUC080 LUCENT TECHNOLOGIES 22938.99 38961 10/26/99 MAU050 BRIAN MAURER PHOTOGRAPHY 750.00 38962 10/26/99 MCDO10 MC DOWELL AWARDS 21.55 38963 10/26/99 MCK010 McKESSON WATER PRODUCTS 125.96 38964 10/26/99 MUN010 MUNI FINANCIAL SERV INC 1250.00 38965 10/26/99 NAW010 RON NAWROCKI 2400.00 38966 10/26/99 NEX010 NEXTEL COMMUNICATIONS 1931.05 38967 10/26/99 NIC100 NICKERSON, DIERCKS & ASSC 5260.50 38968 10/26/99 PAL090 PALM SPRINGS LIFE 4900.00 38969 10/26/99 PER007 THE PERFECT ANSWER 23.90 38970 10/26/99 PER100 PERSONAL TOUCH MOBILE 60.00 Oil A ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK CHECK NUMBER DATE CHECK REGISTER BANK ID: DEF VENDOR NO. NAME 11:18AM 10/26/99 PAGE 3 PAYMENT AMOUNT 38971 10/26/99 PRI020 THE PRINTING PLACE 819.98 38972 10/26/99 PRY050 FRED PRYOR SEMINARS 195.00 38973 10/26/99 PUB030 PUBLIC KNOWLEDGE INC 4350.00 38974 10/26/99 PUT100 JOE PUTRINO GENERAL CONT 6500.00 38975 10/26/99 RAL050 RALPHS GROCERY CO 26.38 38976 10/26/99 RAN040 RANDAL'S PLUMBING 58.00 38977 10/26/99 RAS020 RASA - ERIC NELSON 2985.00 38978 10/26/99 RIE200 PAT RIENSCHE 1036.00 38979 10/26/99 RIV077 RIVERSIDE COUNTY FLOOD 3176.55 38980 10/26/99 RIV080 RIVERSIDE COUNTY HEALTH 3155.00 38981 10/26/99 RIV100 RIVERSIDE COUNTY SHERIFFS 2097.60 38982 10/26/99 RIV101 RIV COUNTY SHERIFF/INDIO 657.72 38983 10/26/99 ROS010 ROSENOW SPEVACEK GROUP 16213.41 38984 10/26/99 RUT050 RUTAN & TUCKER 11209.17 38985 10/26/99 SAX100 SAXON ENGINEERING SERVICE 3360.00 38986 10/26/99 SEA200 SEAWRIGHT CUSTOM PRECAST 4359.76 38987 10/26/99 SHE100 GERALD SHEA 84.85 38988 10/26/99 SIM025 SIMON MOTORS INC 1172.97 38989 10/26/99 SMA010 SMART & FINAL 217.14 38990 10/26/99 SOF100 SOFTMART INC 178.87 38991 10/26/99 SOU007 SOUTHWEST NETWORKS, INC 6710.67 38992 10/26/99 SOU010 SOUTHERN CALIF GAS CO 36.93 38993 10/26/99 STA020 STANDARD REGISTER 244.77 38994 10/26/99 STA050 STAPLES 1207.81 38995 10/26/99 STA150 STATER BROS 87.31 38996 10/26/99 SUN075 SUNLINE TRANSIT AGENCY 896.25 38997 10/26/99 TAR050 TARGET/DAYTON'S r 171.98 38998 10/26/99 TEL050 TELECOM DISTRIBUTION SVC 128.46 38999 10/26/99 TOP010 TOPS'N BARRICADES INC 52.26 39000 10/26/99 TRIO10 TRI LAKE CONSULTANTS INC 26844.00 39001 10/26/99 TRU010 TRULY NOLEN INC 299.00 39002 10/26/99. UNI200 UNITED RENTALS 3668.91 39003 10/26/99 USO100 US OFFICE PRODUCTS 744.06 39004 10/26/99 UST050 U S TOY CO INC 198.32 39005 10/26/99 VAN020 DENNIS VAN BUSKIRK 252.00 39006 10/26/99 VER010 ROMANO VERLENGIA 107.18 39007 10/26/99 WAL010 WAL MART STORES INC 32.28 39008 10/26/99 WIL050 BRITT W WILSON 282.57 39009 10/26/99 XER010 XEROX CORPORATION 837.04 39010 10/26/99 YOU100 YOUNG ENGINEERING SERVICE 3447.50 CHECK TOTAL 348,756.64 012 R rn rn H • Z m 1 ID 0 O H W W� x U H N O H N O F N O H N O H N N H N N H N N E. N N F N N H N N H N N H N N E. 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[� o z 0 9 0 0 Ri 0 0 a 0 0 w 0 H 0 H 0 H 0 H 0 H 0 H o O -/�) 2 �C U m m m m m m H m H m � m m FC E W H O H a H a H a H a F a H a H a H 24. lD h m 01 O sT H N Nl d' 1p r m m O Z O \ O N h O U Ill Ill Ill Ill I[1 N ill u1 ill ill Ifl Ifl tll i[t vl i[1 I[1 Ill Ill I(t N [-1 N N N N N O N N N N N N N N N N N N N N N N O w ao El El El El H F E E E F F F H F E F F E H E F F 0 O O O O H m m m O1 r H V' ID Ol to h N O m O m O F Z E+ O . O . O . O . m . . . . . . N . lD . d' . rl . r . N . ID . . O . H . O . N . O ul co �'1 N it1 n H cF t'1 ul O r Ol .-�I m N O n N it ` 0 r n 10 tD l0 lD nl �Il N �l1 .� N N N Ol Ol Ul Ol � M W O ID N O m O Ol O l'1 O H VJ Ol m a m N r U O N l0 D 'O h 01 ul N O > 1/3 H � ❑ H � Z a a a a [alP N w a oa oa R E w R � a� a R a % C) a z z z a a a m m m m m m m m m m a a a a o > ff a o U 0 U 0 U 0 U o ❑ a W o A w H w H w H w H w H w H w H w H w H w H w H w H 0 m ❑ o ❑ 0 O O z W z U z D, z H In W H 0 F m H m H w> W D, H> w w w LL a D, as w W w W w w a u, w w w a, w> w In a F W �a7 w H w w o w w w w u m w w w m voi m w ron ai N w z aa, U W l'1 o H V' N d' m H H M Ill N M H H ❑ O >z a W pq w O m I ID o p M d lD ul N N 0 ()I N r o m O Ill N 0 n ' , - , n r o Ill m m - O W oo O Ifl O I m H �m N n w m m tD n O rn m m t . a a .o7 a JN4 t rt v ID H ❑ z w . H H I"l o o o o o O o O o o o O m m ¢ w a 4 w w m o o w oEl , a r r -I -I m o o o o o o o o o O o o o N o o .i w r r r m N o o O O O O o O O o o o O Ol O o pq o ID ID w w O O O O O o o O O O O O O Ill O O m o, m m m H H H I H H - I H H H rn H n �l z o w O lD O o O w N ID O n o n O r O n O r O r O n O n O n o n O n O n ID lD O lD d' w !�l ID O r �-I 7 O O N Ill vl O O N N O Ill Ill ID U U H H H H H H H H H H H H H ¢ o 0 o 0 c 0 0 o 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 o 0 o 0 o 0 o 0 o E H E H F E E E E H H F w H O U U U U U U U U U U U U H H.4 VI W FC Z H Z H Z H Z H V] a ❑ o 0 o ❑ Q ❑ o ❑ 0 ❑ 0 Q 0 ❑ 0 Q 0 0❑ o Q ❑ Q U z COv] o U' z z fa7 a z z z z FC H a w a a a w a a a w a w a w a a a a a w a w a a H [V W a W s p H a z O O O O a u u U u u u U U a a a>>> Z z ❑ 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 m O o a 0 0 0 0 0 0 0 0 0 0 0 0 `n m z o m o m a m a m o m 5 m 0 m 0 m 0 m 0 m 0 n o m a o w ❑ oa °a o029 o 0 >+ u FC U 0000 o a E o a E O a F O arc E O O N z ooOO00000000 O H m O H m O H m O H w O .-+ 9i o H w O H w o .-a m o H Ion O .-i w o .-� o O H ww o Itl o m O N O oo O w o �a7 O o 0 0 0 0 0 0 ] 0 0 0 0 5 0 > > > 3 2a 1D n m O) O .-1 N z OP 0) N m H x 0 O H W U ElN N O N O O O O O N N N 0 v O O d O O o H zW i H z O d Ol I O O V � a m n - o N u O O Fl W 0 o, H E E z N iWi H z H H W t>/1 x w H 7 H H W CL C m M 0 > a B z 0 H o a a a a 8 u p z u z H rC a .a Z w w w w z z H V] W w > H w W a W a,w u> H 0 H 0 H 0 H 0>> W z W p H i a VI U U U U a W W r+) r1 N D\ O 0 o n o ID n H p L n O O hO n O 01 a, a m w a o o W H p'. O O O 0 n w � 0 o 0 0 0 0 0 0 0 0 'o 0 0 'D a o Ww 0 o � tm)r y -+ n ri n o o 0 0 o m 0 0 �n o N N r'1 O M Nl V O O 0 0 O O U U � 0 O O O O O O 0 O W U H a W V) O 0 z 0 0 0 E H H E p0 cC O O O O w a a a a 0 0 0 0" w H 3 3 3 3 0 w 0 a o O O O O w N O+ E F E E X X X X O z a Pz w w r w w w �z o 0 0 0 0 o 0 o 0 0 0 in vi in H H o O o 0 0 0 0 0 0 0 0 0 0 E, u H H H H w W w w w 0 < U 3 3 3 3 X X X >+ s WE 23 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.*** 38868 10/21/99 CAM100 CHARLENE CAMPBELL 38869 10/21/99 DES060 DESERT SUN PUBLISHING CO 38870 10/21/99 EVA050 DAVID EVANS & ASSOC INC 38871 10/21/99 HOR100 DODIE HORVITZ 38872 10/21/99 MOR050 ANTHONY MORENO 38873 10/21/99 SOU035 SOUTHERN CALIF ASSN CODE 38874 10/21/99 STE070 STEWART ESCROW CHECK TOTAL T 4:57PM 10/21/99 PAGE 1 PAYMENT AMOUNT 250.00 1948.80 20500.00 200.00 250.00 200.00 131421.00 154,769.80 031 24 m rn • z 0 O C7 W 4 W W W W W W W W £ PA r v •C a w E F H H F E E 0. H o 0 p E o O n �� c in O m o o O O 0 0 O0 O 0 0 0 O o N m �O N O 01 0) O N p p O m O O O O O O O O 0 O a o m w[aad� o - x o Z O a o U N E4 o W ON U H <F a O oN a °w a m w OHo H F U m w z a w a z U ofo ril o] a E+ offo 14 a o4 OHO Ha o a z ofo > cm7 1 OO u z a m OEO w a u o O H a°n WF >> E On 2 H °o ¢ H H On E g H h o a U z Z r�-77 E W Z a Z H Z z U H E U ca w H w q H R a 0 s ID ca a > 1 > 0Q m m O1 ol Qa H (] H H z ol N y Q P � a a w m o 0 o E' w a o 0 0 0 0 0 0 0 0 w as o o 0 0 0 0 0 0 0 0 0 0 0 0 0 �n z f m m m v m -a in 0 10 r m m m r m 10 m 10 O U O O O N O d' fJ O V' .ti N O O 0 N u'1 m O aD t0 U a O O O O 0 O O O O U O U U w 0 O U H U H H U U z 0 14 a14 H H t po 4 5 ayy O W w N El Wz �w+ O U W H V 7 5 ca 4 a W a N z a za .A in a cn a A z W N zzV W El ' Q a a W. W m W m A H > H 000 ZZ co m W o z G1 Q O H o � 0 In w I 0 to w 0 > o O 0 O 0 O oWW F 032 r.0 U V 0 O W W £ N O 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:29PM 10/19/99 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.*** 38861 10/19/99 CAL040 CALIFORNIA VISION SERVICE 1148.35 38862 10/19/99 CAN050 CANADA LIFE ASSURANCE CO 496.63 38863 10/19/99 CHR100 DEBBIE CHRISTENSEN 173.65 38864 10/19/99 LAQ050 LA QUINTA CITY EMPLOYEES 330.00 38865 10/19/99 PRI050 PRINCIPAL MUTUAL 41352.17 38866 10/19/99 TRA030 TRANSAMERICA INSURANCE 51.38 38867 10/19/99 UNU050 UNUM LIFE INS 2201.58 CHECK TOTAL 45,753.76 f 033 26 m • z° m m 0) E H E F H F H F a m a 0 0 H m m i0 H o m m N V H m O r n o OD 00 m H �D 01 rn O U z m H c N O [� � p.7 ° z w H U rn El 7 O pEp MR a O O z > E.o7 OID W .7 rz Hpo a E m a z O H z a U Fq a F � °H w a m O z � a n Hp� ."4 E " a w 0 a z W a m E O m H H 11 m rn UE .a O pF w E H a O z W o rn .4 H EE up ° a V) O izi z �] Q > •C E rn 0 ElpE a U H ° a A O 14 z w p > 1 w � w H j z L] w o > z a PG z o 0 0 � � m z �+ m z v r 0 a m o H ct n, z It t w w a o0 w E a W p p p O O O O O O o O O o O O O O O O O O 0 O O z m N m N o r N N m N m N m N rn m N �y p O O O O O O N O N O O O O O O P O P O O O 0 O O U U a O H O H O H O H O H O H O H O .--1 o U H a w U) H ul > O U W U z w z z H W W 0 O a W U W z U ca H wW� rC a H O 4 a o zW H O H H RC x W w m a `C H o `� H z w � H z w a m w H a z a U U wp N E H u W O v 0 � O ui o � o o u 0 Ln a a 0 ..n o H a 0 Ln 0 H Cr o m 0 E O in 0 a � 27 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:59PM 10/15/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOU T ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 38857 10/15/99 CIRO10 CIRO'S RESTORANTE 133.87 38858 10/15/99 COA080 COACHELLA VALLEY WATER 1221 .90 38859 10/15/99 HOM031 HOME DEPOT 4345 .00 38860 10/15/99 PET005 CASH/PETTY CASH 39 .30 CHECK TOTAL 56,20 .07 I 35 K N N N N N o .� N rl a u1 1D r m of o � N r1 a u1 �D r m of N .-1 .� rl --I .--1 •-1 •-1 rl '-1 '-1 rn rn z° H m o u E 4 H F F E H H F F F E F F E H H F H E H H E H H E a a m H H n r N vl r 1D o r 1D rn rl o a rl 1D in a 1n m r v o rl o N E-1 m O 1 O N O O: 1� O� �n O N 11 r 1D m m O H N ul r m O O �[1 r m o m m 0 o N 0 r m r N .y r V' o+ x x m x m m m m x m m m x m m m m m m `auk `� auk `� . . `. `. `. `auq . . `. . `au' `. w dapp �a pia pa U E U a w U U U x x F w E w E w H w E w E w H w E w H w E w H w H w E w Q H a H po u1 v� w w m w m OD E+ OD a a a a a a W a a a a a a a a a a a W D H a w z w w w w w w w w �Ol (' W u 3 3 3 3 a a x a x a W w U W a a a a o H z o a a w w as 0 o o w H pG W O O O O N r'1 r'1 ID ul l0 O O O O O O O O O O N m O O O O O O O O N w N rn O O O O O O O O O O O O O O O O O O lD lD ID O O O O O ul O O O O lD N O O O O O O O O 5 Z r n ID ID n O n O O 0 0 O 01 O H O 0 O 111 O 0 O O 0 r 0 O r r r N N r Al 10 1D ID ID iD 1D 0 1D 10 1D r r r r 1D kD.zp iD r r m r lD r kD �D lD 1D 0 1D %D kD iD 1D 1D H 11 V' -d , f+l O O Ill In to u1 to 10 1[1 /'1 1[1 t+1 N O .--I O N O N in d' ul d' O rl ill N m ID O dt O d' r ID Ill a Ill H Ill .0 O N O N U r.� O '-I O '-1 O e-1 O '1 O .� O � O H O r-1 O .� O .1 O .-� O r-1 O .-1 O .1 O .-1 O .-1 O V' O •-I O .y O V' O rl O •-1 O '-I O rl O rl a x x a w w w w o w u >> u u u u u u u u u u u u u u u u u u u u m[yE� a 2 W H a Fa-1 ra-1 a W W 04 � w W W w a4 W W 0 P4 W W W a s a a a a a a a a a N a a a a a N a a N a a a a o m m m m x x m m m m m m x m m m m m m x aoc a a a a m m m m m m m y m m m m m m m m m m a � H o 0 0 0 n I�1 wO [[rr77 u u u u u m v u u u u u u u u u u u u u u u u u u 7. 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I[1 o 0 F I[1 o 0 E 0 0 0 F 0 o 0 E o 0 0 F o 0 0 F o 0 o F o 0 O F I[/ o o H o« 0 o« H o 0 O E o O F o o o F 0 o 0 F o 0 o F 0 0 O H o 0 O F o o RC 0 o IS o* 0« RC o o FC m o 0 o« 0 0« F H >+ z H W W w W W W W W w W * W W W w w w W O O O * O O O w O O W w U w w a a a w aw N nl w* Q. a w w w w a U U U* u o o ao o x a H N H z o 0 n � o p r N c� F ao r rl In .� a o H In v m r io r M o o Io N In r ID F m o v O D\ FC r N /'1 V1 O r d' .-� O Ol N Ifl r ttl N N m O O O Ifl Ifl r r I I x ai U W O X W O O O O O o O O O O O O W O O O o O o O O O O W o a a U 0 O O o W O .-I u W al Ia. a H Rl o W t O U �0 U �0 U W F 4 4 .4 z O O O O O O O O O O O O N M O O O O N IO O O O O * O O O O O O O O O O O O O O O O N I'1 m 0 k I(1 0 O O O O O O r a w o o o o o o n o o ID o o 0 0 0 0 0 0 0 o Io w ID o o o ry W < a N 9 z '-I O N r m w '-I O r I U) w r n lD H " W 01 O ID - N o r t w - O r m o r m z O M r O r r1 O O r r'1 w O r r'1 Q o r n Io O ID Z m H w 2 a H M ID H o N ILl to In Ifl O to Z H W O H H N N N N r H H H N N !+1 «} c} � C O N N O O O o O 0 H o 0 H o o rl In H o o N O N O N o N . N N . N N In 3 f'1 « �+ o o o In In In vi In In u, g « In ep o O to w r to 3 * U H U �--I O �--I O H O H O H '-1 O H O H O H rl H .--I H H --1 rl .i H H H H H .--I .-1 H O U Q' U U O O O O O o O O O O O O O O O O O O O 3' ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:52PM 10/-14'/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.*** 38850 10/14/99 CAL020 CAL DEPT OF CONSERVATION 5227.76 38851 10/14/99 CAL050 STATE OF CALIFORNIA 25.00 38852 10/14/99 INT005 INTERNAL REVENUE SVC-ACS 125.00 38853 10/14/99 LAQ050 LA QUINTA CITY EMPLOYEES 364.00 38854 10/14/99 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 38855 10/14/99 SUP100 SUPPORT PAYMENT CLEARING- 150.00 38856 10/14/99 UNIO05 UNITED WAY OF THE DESERT 142.00 CHECK TOTAL 6,460.26 038 4A iRZC O rn m F z v H E a a a x paq E E Em E El E H £ Z N lfl LLl N 1 H a r) 10 V' 0 O H 0 �o N 0 10 rV d' 1O a io 0 0 0 0 0 0 � O - � � O N - N in F N V1 m �n N 0 a� ❑ i0 ❑ �o N W o 7 to m ni a d' 4 01 rn 0� rn¢ H H aw U a H M aso W W P ova ova pQ w >p N z U w W W w% W O W z : a N O ❑ Z : a m O ❑ z x N O ❑ z 1 o ❑ z N o ❑ z N o ❑ z w w x w a a a a a a o � H ❑ A: a w I ❑ a o z a .c w w m O F rz U w O r O o O O O 0 O O O O O 0 W O •L o H c} M dt e•1 o H N 0 H N 0 rl N 0 ti N 0 H N 0 in N y O p 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 rC O O O O O O O O Z 0 E Z o E (mj wa w N � U H F W 0 a w z z w z a H z o > u1 w a F U F o W H w El o o0 O � a U z H 4F F ❑ z a w O w N w 01 a o w A w Q o w a a zd F z o a H u H F o S w H z p 0 0 0 a pU FC H U N O U N aO a U - O U 0 0 F H O 4 a d O H C. O H m 0 O Z O r 039 32 A/P - AP6002 CHECKS TO BE VOIDED 10:27AM 10/26/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 38218 DEF 08/18/99 603.16 ALL100 ALLIANCE SERVICE STATION GAS PURCHASES TOTAL VOIDED 603.16 V 4-1 31 A/P - AP6002 CHECKS TO BE VOIDED 3:13PM 10/19/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 35655 DEF 01/06/99 330.00 LAQ050 LA QUINTA CITY EMPLOYEES P/R Distr.-L.Q.C.E.A. DUES TOTAL VOIDED 330.00 041 34 A/P - AP6002 CHECKS TO BE VOIDED 09:50AM 10/12/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 38524 DEF 09/20/99 102730.00 STA201 ST CONDEMNATION DEP FUND ROOKFIELD/76927002 JEFFERSON 38529 DEF 09/20/99 33950.00 STA206 ST CONDEMNATION DEP FUND TD DESERT DEV 649100021/09/0 38530 DEF 09/20/99 121600.00 STA207 ST CONDEMNATION DEP FUND BLP DESRT/649100016 JEFFERSO 38533 DEF 09/20/99 192880.00 STA210 ST CONDEMNATION DEP FUND XOCHIMILCO/769230019/023/030 TOTAL VOIDED 451,160.00 r 042 35 Tity/ 4 e(PQ" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of Fiscal Year 1998/99 City of La Quinta Development PUBLIC HEARING: Project Fee Report RECOMMENDATION: Approve the Fiscal Year 1998/99 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. FISCAL IMPLICATIONS: 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. 043 (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 annual filing requirements of Government Code Section 66000 for FY- 1998/99.. hn M. Falcdner, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report 044 110V 1. z ICus c O�O w �zagg t I » G u w� 0 .a� O 3 � •� M I O�� i iss � a»o U f�9 l>L lg f ATTACHMENT: I r I �� �x1 xbxb jxy ��xxjj xbxb xbxb O� m�0�pp p�1�f ON/gNq, pO���j O mw8mf PNla�S9 HASH x S �xa�� �`xxx�p�xxmxxxxx EQ plV pppp�ppO�O p f1OA0 ^n� V8�0000^8H Soda x pQ� tqf 0 O^ iO ^ I N N A O p p� o �N m 1- i W 0 g ow Qo{1f n CC 77 K 045 0 4' c r� cU S 19 C � � C -S�s.�a°fi L) Cy 0 m !o W O LL i Ch cr N N itY1 v in r4 i 40 UZI I{�l € U) V C - CL 9 Q' �AtAm4 ,° wvo f°- �°- 0 LL rn 0 i Oi46 �a W a o" $ r p O N n N A O O m � ca Y mE u m I i g � u'iUO H f LL z E cimO Ymo �inm�m ,y _OWNO��'?�mCoiN $'m g�rvm�b�mm �e U v°i U a YOFmm`� U� — m i I W m�rvnYm�mmmm E E o E E E o E E" e:s:s w 9 .1oo " e oo e ee e sees s0000 888n o000 .eesoe o$So8 8o S �SoSo 888 e =go o ee o e ee e ee DtVVeesGeG '.,Z Uoo I�IV m r- ij 1-: N6888oee m ry Ymm oa mSrn m$e *lL"kk aon noMvv �YOi°Im mmm°rvi°�im mT°rvi°Yim �i°Im°I �i �i �ia °^i °nim m°�iT0O11mmm°m10nIT l =q I j E U mm mi dim rn m mmi m mmmm mmmmm m-mmo r ado ogoeo cz 1e g i�Sm�� O1 vY Eo om o So ^m AOm a a is Y! r E E U ti o How ry ow ro .- LL ry y 1� - zzz i ` I an 'E 'E m.am T Mon EEE m f Ea Y,UE?s UU+cy vu � 1°m rnrnrndEu E as �aaaao5 """ia�," Ec..9590 orvN a.33dr � vmm m`maaE� as tEmvvv Ed000�m c�cc'm mannaa s ems. 15�wooN��_.-gym' rcrcrc�x`aw"3399k6 nn� w -a �i ¢ao o'o'o'$IgI (&44�40" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: Approval to Award a Professional STUDY SESSION: Services Contract to David Evans and Associates to Provide Landscape Design for Jefferson Street PUBLIC HEARING: Medians, Avenue 54 to Highway 1 1 1 Approve a Professional Service Agreement in the amount of $43,130.00 with the firm of David Evans and Associates to prepare plans, specifications, and Engineer's estimate for Jefferson Street Median Island Landscape .Improvements from Avenue 54 to Highway 1 1 1. None with this contract; however, the construction contract will be non -prevailing wage which could result in a lower bid. The project is currently identified within the City's approved Capital Improvement Program (CIP) for Fiscal Year 1999/2000 as part of the Jefferson Street ultimate improvements from State Route 111 to Avenue 54. The following represents the overall project funding: FUNDING SOURCE State Local Partnership Program (SLTPP): City Infrastructure Funds: CVAG Funding: TOTAL: TOTAL FUNDING $1, 299, 992.00 $2,882,008.00 $12, 589, 513.00 $16,771,513.00 The proposed Jefferson Street median island landscape improvements are not eligible to receive funding from either the SLTPP or CVAG funding sources. Subsequently, the entire costs of these improvements will be borne by City Infrastructure Funds. The City has previously committed $1,169,956.00 of the available $2,882,008.00 toward its share of the street improvements. Therefore, an amount of $1,712,052.00 is currently available for landscaping. MV TAP WDEMCOUNCIU1999%991102c.wpd The following preliminary landscape budget is suggested: Engineering: $85,602.00 Construction: $1,236,959.00 Inspection/Testing: $132,684.00 Administration: $85, 602.00 Contingency: $171,205.00 TOTAL: $1,712,052.00 As indicated, adequate funds are available overall to support the recommendation. On June 29, 1999, the City Council awarded a contract in the amount of $6,876,876 to Granite Construction Company for construction of Jefferson Street Improvements from Avenue 54 to Highway 111 with a modern roundabout at Avenue 52, Project No. 99-05. In keeping with the City's General Plan, Jefferson Street is designated as a major arterial, and as such, is considered a primary image corridor. Therefore, it is identified to have raised curb medians that are landscaped and appropriately lighted. It is envisioned that the Jefferson Street corridor shall reflect the same general character and theme as the Washington Street medians. Improvements shall include the installation of a variety of palms and trees, native flowering shrubs, and ground cover integrated with decorative rock, mounding, boulders and "fines". On August 23, 1999, a request for proposal was forwarded to the following consultants to prepare plans, specifications and Engineer's estimate (PS&E), and contract bid documents for the Phase I Jefferson Street Median Island Landscape Improvement project, from Highway 111 to Avenue 52: Ray Lopez and Associates; David Evans and Associates; TKD Associates, Inc.; Ronald Gregory Associates, Inc.; and Community Works Design Group. On September 30, 1999, the City received two proposals in response to the request for proposal. These proposals were received from David Evans and Associates and Community Works Design Group. The Consultant Selection Committee, consisting of Chris Vogt, John Freeland and James Lindsey, evaluated both proposals and unanimously recommend that David 049 T:\P W D EPT\COUNCIL\ 1999\991 102c.wpd Evans and Associates be selected to prepare the PS&E for the Jefferson Street Median Island Improvements (including landscaping the Roundabout). David Evans and Associates (DEA) prepared the original landscape, irrigation and electrical plans for the following projects: Sinaloa Median Landscaping, Calle Tampico Median Landscaping, Avenue 52 Median Landscaping, Avenue 50 Median Landscaping, Washington Street Medians, and both the north and south medians on Eisenhower Drive. This experience combined with the strength of DEA's proposal directly resulted in their selection as "most qualified." Following negotiation, a Professional Services Agreement (Attachment 1) was prepared with a base amount of $43,130.00 for the preparation of plans, specifications and estimates (PS&E) and an optional amount of $18,670.00 for construction observation and the preparation of as -built plans. If the City chooses to implement the optional tasks, then the total contract will be in an amount not to exceed $61,800.00. The alternatives available to the City Council include: 1 . Approve a Professional Service Agreement in the amount of $43,130.00 with the firm of David Evans and Associates to prepare plans, specifications, and Engineer's estimate for Jefferson Street Median Island Landscape Improvements from Avenue 54 to Highway 1 1 1; or 2. Do not approve a Professional Service Agreement in the amount of $43,1 30.00 with the firm of David Evans and Associates to prepare plans, specifications, and Engineer's estimate for Jefferson Street Median Island Landscape Improvements from Avenue 54 to Highway 1 1 1; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Professional Service Agreement 050 003 T:\P WDEPT\COUNCIL\1999\991 102c.wpd ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and DAVID EVANS AND ASSOCIATES (DEA) ("Consultant"). The parties hereto agree as follows: 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to JEFFERSON STREET MEDIAN ISLAND LANDSCAPE DESIGN SERVICES as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 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. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the- City Council. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Median LS\deapsa.wpd 004 Page 1 of051 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed FORTY THREE THOUSAND ONE HUNDRED THIRTY Dollars ($43,130.00) (the "Contract Base Sum") for the preparation of the Plans, Specifications and Estimates (PS&E), and an optional amount of EIGHTEEN THOUSAND SIX HUNDRED SEVENTY Dollars ($18,670) (the "Contract Optional Amount") for Construction Observation and preparation of As -built Plans, except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. • :110Mu:► 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 Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Ma "ieure. The time period specified in the Schedule of Performance 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 Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract 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 or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Median IS\deapsa.wpd Page 2 of 8 005 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Cliff Simental, L.S., Vice President b. Kim Rhodes, L.A., Associate/Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of 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 City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant 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. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Median LS\deapsa.wpd ^` Page 3 of 8 053 0tJV � ► ice.► ►� 11► � •► �►� :�\� 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed. by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be canceled without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those 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 City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent 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. T:\PWDEPT\PROJECTS\99Pdcts\99-05JeffSg54-IndBlvd)\Median LS\deapsa.wpd 007 Page 4 of 8 054 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. eG DIMM 0 1 s ; ••; 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant 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 principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall 055 T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Median LS\deapsa.wpd Page 5 of 8 008 not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 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 Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant 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 non defaulting 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 Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, T:\PWDEPT\PROJECTS\99Prjets\99-05JeffSt(54-IndBlvd)\Median LS\deapsa.wpd Page 6 of 8 (� 009 0r upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.1 Non-Iiaboluty of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant 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 City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly,. interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant 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. Consultant 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. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give 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. T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-hxMlvd)\Median LS\deapsa.wpd Page 7 of 8 (? J �� 10 To City: CITY OF LA QUINTA Attention: Chris A. Vogt 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: DAVID EVANS AND ASSOCIATES Attention: Cliff Simental, L.S. 800 North Haven Avenue, Suite 300 Ontario, California 91764-4915 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect 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. ********************The remainder of this page intentionally left blank************** M T:\PWDEPT\PROJECTS\99Prjcts\99-05JeffSt(54-IndBlvd)\Median LS\deapsa.wpd O i l Page 8 of 8 1 1 1 Section 3: Sco of Work Program Project Kick -Off Meeting DEA project team members shall attend an initial start up meeting with the City staff to determine each person's role and level of responsibility. This meeting shall allow the team to review preliminary / conceptual drawings and discuss the status of the engineering and construction efforts. A review of the status of the project and existing field conditions such as confirming the desired points of connection and sleeving between medians shall also be discussed. We recommend a site visit to discuss opportunities and constraints throughout the project area. This meeting shall provide a thorough review of the scope of services, objectives, design, maintenance, construction schedule and budget. Should "public art" be incorporated throughout the corridor, it may be appropriate to invite a representative from the La Quinta Arts Foundation to the meeting; this may be especially important in the area of the proposed "round -about". Deliverables: One project start-up meeting. Project Scheduling The DEA project manager shall prepare and continually update the project schedule through the use of Microsoft Project. Copies of the approved schedule shall be provided to all key members of the project team. Deliverables: Project schedules, updated as deemed necessary throughout the duration of the project. Project Area Base Maps DEA team members shall prepare project area base maps from information provided by the City. We have thoroughly reviewed the plans prepared by RBF and realize that new formatting would be required in order to prepare a set of drawings at 1" = 20' scale. There will be some "clean up" required on the digital files; however, the use of these base sheets will greatly assist in the development of the bid package. As part of this task, DEA shall provide a physical assessment of the project area to determine placement of elements which may impact the overall design; such as street signs and manhole covers. DEA does not anticipate the need for a complete field survey by our crews; only a field investigation by our landscape architects. Deliverables: 1 " = 20' scale base sheets with two plan view portions on each sheet. One set will be developed and used as an external reference for all planting, irrigation and electrical drawings. Conceptual Plan Review and Approval DEA shall prepare a sample plan view and section for Jefferson Street which indicates the proposed design intent, plant palette, art placement (if applicable), "round -about" design, rock and "fines" placement and proposed berming. Because there has been considerable review of the design intent and plant palette due to the City's Landscape Guidelines, and prior work performed by DEA; we feel that a simple approach will provide an adequate understanding of the proposed design. A colored rendering will be provided for presentation purposes, in addition to a 059 014 1 preliminary cost estimate which shall determine if phasing or value engineering will be necessary. Deliverables: One 30 " x 42 " colored rendering of the proposed design intent, including plant palette and preliminary cost estimate. This sheet shall indicate a representative portion of the plan view and section across the median only. Final Planting Plans DEA landscape architects shall prepare planting plans for the entire project area as described in the request for proposal. Plans shall include plant legend indicating trees, palms, shrubs, and ground covers, in addition to information regarding "fines", decorative rock, and accent lighting. The legend shall indicate the botanical name, common name, quantity, size, remarks (such as variety and staking procedure). The plans shall provide an integrated palette of selected plant material, rock placement, artwork, lighting, and decorative hardscape. Construction details shall be provided as a part of the drawing package. Deliverables: Final planting plans and construction details for Jefferson St, median only. Includes one set of original vellums and two sets of bluelines with each submittal to the city. Final Irrigation Plans The final irrigation plans will provide the necessary information for a complete and fully automatic drip irrigation system for the project area. The plans will indicate point(s) of connection based upon engineering and water district data, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. Construction details and general notes will be incorporated as necessary. The irrigation system shall be designed in accordance with the City landscape guidelines based upon approved plant palettes and level of maintenance desired. DEA shall coordinate with the Coachella Valley Water District (CVWD) to obtain approvals prior to bidding. Our past experience with the District has allowed for a strong working relationship between their staff and our designers and they have come to know our commitment for excellence and level of understanding in the desert environment. Deliverables: Final irrigation plans and construction details for Jefferson St. median only. Includes one set of original vellums and two sets of bluelines with each submittal to the city; in addition to one set of bluelines to CVWD for review. Final Lighting and Electrical Plans Dream Engineering, under the direction of Joe Nolan, E.E., shall provide all necessary electrical engineering for service to the proposed accent lighting fixtures, signage, irrigation controllers and valves. Services include electrical engineering, fixture schedules, calculations, specifications, and coordination with IID and the utility companies to determine location of utility lines and easements, transformer and meter locations. All work shall be performed by a licensed electrical engineer. DEA and Dream Engineering fully understand the frustration and concern for use of appropriate, well -manufactured fixtures backed by the distributor and guaranteed ford `) h 015 a particular delivery date. We will do everything in our power to ensure that the City is completely satisfied by the specified product, the material selection, color, light output, glare issues, location and direction of placement, and any other concerns deemed appropriate to consider upon commencement of the project. Deliverables: Final electrical and lighting plans and construction details for Jefferson St. median only. Includes one set of original vellums and two sets of ' bluelines with each submittal to the city; in addition to one set of bluelines to IID for review. ' Project Specifications DEA shall prepare the project specifications for Sections 1200, 3000, and 4000. These portions shall be provided in the desired format for inclusion into the complete bid by the City. package prepared Deliverables: Two hard copies and one digital file for the above noted specification ' sections. Final Construction Cost Estimate The project team shall prepare a final construction cost estimate in a per unit basis of all proposed improvements once the construction documents have been completed. The format shall directly match the contractor bid schedule for ease of comparison. If it is determined that the project will involve phasing, the cost estimate shall reflect that cost breakdown in addition to an appropriate contingency. The estimate shall be in tabular form for each construction item showing quantity, unit, unit price, and total ' cost. Deliverables: Two hard copies and one digital frle of the final construction cost estimate. Revised Plans, Specifications and Estimates DEA and Dream Engineering shall revise all plans, specifications and estimates ' based upon plan check requirements from the City, CVWD, and IID. Deliverables: One revised set of original vellums (if necessary), and one set of ' bluelines for each of the above noted agencies. DEA requests the City provide one final bid set to DEA for use during bid assistance. ' Agency Coordination The DEA project manager and any other pertinent project team member shall attend scope, scheduling, and progress meetings with the City staff throughout the duration of the project. Specific members of the project team shall be available for meetings, presentations, and public hearings as deemed necessary. This task includes time for the coordination required to obtain approvals from the Coachella Valley Water District, Imperial Irrigation District, and the Cities of Indio and La Quinta. Deliverables: Meetings and agency coordination as noted above. Primarily includes ' up to three meetings with the City of La Quinta, two meetings with the City of Indio, and one each meeting with the utility companies. n 016 Assistance During Bidding The DEA team shall assist the City during the bid process which shall include answering questions from perspective bidders. This task shall also include the attendance at the pre -construction meeting to present information on the construction documents. The pre -construction meeting will include a site visit. Deliverables: Telephone assistance during contractor bidding and attendance at pre - construction meeting. Construction Observation DEA shall provide weekly site visitations by a landscape architect as deemed appropriate during the construction process. We have identified a 16 week construction period and therefore our fees reflect this methodology. DEA will continue to provide telephone support as -needed to City staff, project managers, the general contractor/landscape contractor and city inspector. Should the length of time exceed our expectations, DEA would continue to provide construction observation for the duration of the project on a time and materials basis in accordance with our hourly rates. Weekly observations would include: quality control of installation and location of proposed elements, inspection of installed material quality, inspection of construction conformance to design documents, and construction schedule monitoring. It is our understanding that the city will provide full time inspectors for the project in addition to necessary building inspectors. Deliverables: Weekly construction observation for 16 weeks, as described above. As -Built Plans The DEA project team will prepare and submit 20 scale as -built drawings on vellum after the completion of project construction. The contractor shall be required to provide "red lines" to DEA in order for our technical staff to provide the necessary information. Deliverables: One vellum set of "as -built "plans based on the contractor "red lines ". UGw 017 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under the "Contract Base Amount"shall not exceed FORTY THREE THOUSAND ONE HUNDRED THIRTY Dollars ($43,130.00) or the preparation of the Plans, Specifications and Estimates (PS&E), and an optional amount of EIGHTEEN THOUSAND SIX HUNDRED SEVENTY Dollars ($18,670.00), the "Contract Optional Amount", for Construction Observation and preparation of As -built Plans, except as provided in Section 1.6. The City of La Quinta reserves the right to initiate or not initiate the contract optional tasks. David Evans and Associates Rate Schedule is attached and made a part of this agreement. 0F)3 Ol8 1) 3) LO S) CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENT PROJECT COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Engineering and Design Services for the Jefferson Street Median Island Landscape Improvements and will be used as the basis for negotiating a Professional Services Agree,:=t: Preparation and processing Landscape Architectural Drawings $ 18,310 Preparation and processing Irrigation Drawings $ 7,880 Preparation and processing Electrical Drawings $ 9,360 Preparation of the Specifications, and Estimates $ 2,960 Meeting Attendance and Project Bid Support $ 4,620 Construction Observation, Management, Inspection, As-builts $ zs,67o TOTAL LUMP SUM FIXED FEE: $ 61,800 Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal, (See attachment for reimbursable expenses. ) R'6/ 1 RA-4� Prime Consultant - David Evans and Associates, Inc. September 30, 1999 Date Signed T:\PWDEPT\PROJECfS\99Pgcu\99-05JC fSq54-IndBlvd)\MedianLS\MedISRFP.wpd O O O O O O O O O O O O M O N ClO O LA Lr) Cl M ' Ef! ER EA to EA t!? EA ER fA iA 6% 6% O N n O 00 O O M M O m O O N I- O co OD O O M O m V) O M (0 O t- e— O M 0) O t� 0) .= N d' OD � O N co CN *lir E9 �? 69 fR E9 ER to 6%} EA 69 EA fR Nco N N M 1.,o N N 00 O co • N O to M Ico I-= r N N 00 cq 00 v 0 co co co s • • co co 00 INv O V- (0 00 It 00 v It v co (N c0 w 00 • U) e- ca E w LO N w U Y p a` N N p n `- N L Q p a` CL Q c cccm N c c c) cc a cc a 9 o. c 'E `° a w c wto cc U N <n E 0 0 °tf p :. 0 CL N a v > w O Ccc o o U cm Q LO c m C O c U)O N Q co c Z O c H c 0 CO c cc a = m Q N M It to c0 r co O O V N M V 64 ��IEI7 7 3 N N 'O F >, E O N p N C 0 O O EL O d t— c � c � (D o 'a c 0 3 U p w cLD W c EO 4) E co O m 2 E P 'Ec L 065 6:'0 Exhibit C Schedule of Performance Consultant shall complete all services within TWENTY-SIX CONSECUTIVE WEEKS of the date of this Agreement. David Evans and Associates Project Schedule is attached and made a part of this agreement. 066 1 Section 4: Project Schedule ° ^�9n a DEA understands the need for accelerated schedules. We have a great deal of ' confidence in our ability to meet this proposed schedule and pride ourselves in being accessible and responsible to our clients. This will be demonstrated by our willingness =' •� to contractually obligate DEA to an established schedule. With our moderate workload, tDEA can adhere to the City's schedule. A graphic representation of our schedule may be found on the following page. DEA realizes the ' DEA realizes the importance placed upon our firm to provide a quality product to our importance placed clients, while maintaining open and clear communication, and by providing our services upon Our firm to in a timely manner. "On time" and "on budget" are some of the terms frequently used 'provide a quality by clients, but very few consultants are able to live up to these standards. DEA has an product in a timely excellent reputation for being on time and we have been commended by many of our clients for completing projects ahead of schedule and within budget. ' manner. 11 1 G7 0<;. tv w v O d Nil M N N N NI N N 0,111 OMNI Exhibit D Special Requirements NONE. 069 Titit 4 4 0" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: Authorization for the City Manager to STUDY SESSION: Execute a Memorandum of Understanding with CVAG for Reimbursement of CMAQ - TEA21 Funds PUBLIC HEARING: Authorize the City Manager to Execute the Memorandum of Understanding required by CVAG for reimbursement of CMAQ - TEA21 funds, for PM 10 projects. None. All Federally funded projects require prevailing wages be paid as well as other additional required Federal "paperwork" to be submitted to the administrating agency, which is CALTRANS in this case. Upon approval of the Memorandum of Understanding (MOU), provided as Attachment 1, the City will be eligible to receive a maximum of $318,217 for proposed PM10 improvement project(s). The $318,217 represents 88.53% of the project costs. The City will be required to provide matching funds equal to 1 1.47% of the cost of any one approved project. If the City utilizes all the available funding, the maximum match required shall be $41,228, for a total potential project cost of $359,445. Sufficient funding is available for the City's match requirement in the Infrastructure Fund, Account #225-000-300-290 or within the General Fund Reserve, Account #101-000- 300-290. This will begin phase IV of the Transportation Equity Act for the 21 st Century (TEA21) for Federal Congestion Management and Air Quality (CMAQ) Improvement Program which provides funding for the Coachella Valley's PM 10 requirements. The City will be unable to receive reimbursable expenses related to CMAQ-TEA.21 PM 10 project(s) until an executed MOU is in place and Caltrans gives authorization to proceed. CVAG has already received verbal authorization from Caltrans to begin Clean Streets Management (post -event clean-up and regional street sweeping), and to begin the Preliminary Engineering phase on Chemical Stabilization projects (this authorization is limited to the environmental documentation process and design). 01 TAMDEMCOUNCIL\1999\991 102b.wpd Prior to construction and construction engineering, a Request for Authorization, Right of Way Certification, Design Certification, and a Federal Contract Provisions Checklist as well as other necessary documents and a complete PS&E package must be submitted to CVAG for transmittal to Caltrans for each proposed project. Currently there is $30,000 "earmarked" for post wind event cleanup. The remaining funding is designated for paving and soil stabilization on the shoulder in the area of Adams Street (east side, 630 ft. north of Westward Ho) and Westward Ho (north side, 1,275 ft. east of Adams St), as well as paving the existing unpaved shoulder on the north side of Avenue 54 from Jefferson Street to Madison Street, including some 5,280 feet of wind fencing. These areas have been a chronic shifting sand hazard in the past. The implementation of these project measures will mitigate potentially hazardous driving situations during windy conditions in the future. CVAG's Executive Committee approved the MOU during the meeting of September 7, 1999. The City Attorney has previously reviewed and approved the wording of the MOU. The alternatives available to the City Council include: 1 . Authorize the City Manager to Execute the Memorandum of Understanding required by CVAG for reimbursement of CMAQ - TEA21 funds, for PM 10 projects; or 2. Do not authorize the City Manager to Execute the Memorandum of Understanding required by CVAG for reimbursement of CMAQ - TEA21 funds, for PM 10 projects; 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. Memorandum of Understanding Q 1 1 d TAMDEMCOUNCIL\1 999\991102b.wpd ATTACHMENT 1 REIMBURSEMENT UNDER CMAQ-TEA21 FUNDS MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS UL`l11 THE CITY OF LA QUINTA October 1, 1999 This Memorandum of Understanding (MOU) is made by and between the Coachella Valley Association of Governments referred to as "CVAG", and the City of La Quinta referred to as "AGENCY". The AGENCY is seeking reimbursement for expenses and costs arising from meeting the particulate matter, less than ten microns in diameter (PM10) requirements as outlined in the State Implementation Plan (SIP) and the Attainment Redesignation Request and Maintenance Plan for the Coachella Valley. Services to be performed by the AGENCY are set forth in Exhibit "A" attached hereto and incorporated herein by reference. California Department of Transportation (Caltrans) will be partially funding this project through CVAG using the Congestion Mitigation and Air Quality Improvement (CMAQ) Program under the Transportation Equity Act for the 215t Century (TEA-21). The purpose of the CMAQ program is to provide funds for transportation projects or programs that will contribute to attainment or maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone and carbon monoxide. TEA-21 also allows CMAQ funding to be expended in PM10 non -attainment and maintenance areas. CVAG's obligation will include submitting the AGENCY's reimbursable invoices to Caltrans, as part of a monthly bill for the Regional CMAQ-TEA21 Program. A secondary CVAG obligation is to keep track of each AGENCY's account for the various PM10 control measure project categories (Clean Streets Management, Soil Stabilization, Paving, and Windbreaks). 1) ' Roles and Responsibilities: 1.1) The AGENCY and CVAG responsibilities with respect to this MOU and the successful completion of the program are described in Exhibit "B" attached hereto and incorporated herein by reference. 1.2) Prior to final payment, the AGENCY shall submit an acceptable report of completion to CVAG. Upon completion of all work specified in the contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of the contract will automatically belong to AGENCY. 072 004 VAR WIN CMA0-TEA21 AGENCY MW 2) Funding Amount: 2.1) CVAG funding for this project is partially reimbursable through CMAQ-TEA21 by Caltrans, after all the necessary documents are in place. Under CMAQ funding protocol these funds are limited to 88.53% of the total cost of the project. AGENCY will be responsible for a 11.47% local match, as stated in Exhibit "C" attached hereto and incorporated herein by reference. CVAG will be reimbursed its allotment of CMAQ-TEA21 funds approved by the CVAG Executive Committee. If this project is terminated or truncated, all payments and interests must be returned to Caltrans' accounting department. 2.2) AGENCY agrees to submit only those costs which are eligible for reimbursement under the policies governing expenditure of CMAQ funds. AGENCY will submit invoices to CVAG after services are provided. CVAG will determine that invoice charges are in reasonable agreement with the project tasks and are eligible for reimbursement according to Caltrans criteria for CMAQ-TEA21 reimbursable expenses. CVAG will then submit the invoices to Caltrans with a recommendation for payment. Caltrans will make payments to CVAG, and CVAG will in turn pay the AGENCY. In no event shall CVAG be obligated to pay to AGENCY any sums in excess of the total amount reimbursed to CVAG by Caltrans on any invoice so submitted. 2.3) AGENCY shall submit a progress report with each billing invoice submitted to CVAG. CVAG shall submit billing invoices no more than once a month to Caltrans. AGENCY shall start billing on the project only after "Authorization to Proceed" from Caltrans. 3) Prevailing Wages: The AGENCY and any other person or entity hired to perform services on the project are subject to the requirements of California Labor Code Sections 1770 et seQ., which would require the payment of prevailing wages where the services or any portion thereof are utilized for a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity providing services for the project. The AGENCY shall defend, indemnify, and hold harmless CVAG and Caltrans, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 4) Term/Notice of Completion: The term of this funding MOU shall be from the date first herein above written until the date the AGENCY provides a written Notice of Completion to CVAG. Or3 2 005 v R ao,roo ctiwa-nmi AGercw ►aou 5) Indemnification: This MOU is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the ownership of the project or to make it as a partner or joint venturer with AGENCY as to the project. AGENCY shall assume the defense of, indemnify and hold harmless CVAG and Caltrans, its officers, employees, and each of them, from and against all actions, damages, claims, losses and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions or inactions of the AGENCY taken in the performance of the MOU or any agreement entered into by AGENCY with reference to the project. CVAG shall assume the defense of, indemnify and hold harmless the AGENCY, its officers, employees, and agents, and each of them, from and against all actions, damages, claims, losses and expenses of every type and descriptions to which they may be subjected or put, by reason of, or resulting from, the actions of CVAG taken in the performance of the MOU. 6) General Insurance: Throughout the term of this MOU, AGENCY shall maintain insurance, including Workers' Compensation as required by law for its personnel, and a One Million Dollar ($1,000,000) comprehensive general liability policy. AGENCY shall include CVAG as additional insured on this comprehensive general liability policy for covered liabilities caused by AGENCY in its performance of services under this contract and shall provide CVAG with a certificate evidencing such coverage. AGENCY agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, AGENCY agrees to provide at least fifteen (15) days prior notice to said expiration date, and a new certificate of insurance evidencing insurance coverage as provided herein for no less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the Coachella Valley Association of Governments. In the event AGENCY fails to keep insurance coverage in effect at all times herein provided, CVAG may terminate this contract in addition to any other remedies it may have. 7) Conflict of Interest: For the term of this MOU, no member, officer or employee of the AGENCY or CVAG, during the term of his or her service with the AGENCY or CVAG, as the case may be, shall have any direct interest in this MOU, or obtain any present or anticipated material benefit arising therefrom. 8) Books and Records: AGENCY and CVAG shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the project or under this MOU. AGENCY 074 3 006 VAR MI/N CMAG-TEA21 AGENCY MW shall make available for examination by the State, Federal Highway Administration (FHWA), or their authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to expenditures and disbursements pursuant to this MOU. Further, AGENCY and CVAG shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the AGENCY for at least three (3) years following termination of this MOU, and they shall have access to such information during the three-year period for the purposes of examination or audit. 9) Disadvantaged Business Enterprise: 9.1) "Policy. It is the policy of CVAG and the Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement." 9.2) "DBE Obligation. The recipient or its contractor agrees to ensure that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts." 10) Conflicting Provisions: In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this MOU, the language, terms and conditions contained in this MOU shall control the actions and obligations of the parties [AGENCY and CVAG] and the interpretation of the parties' understanding concerning the performance of services. 11) Contract Amendment: In the event that the parties determine that the provisions of this MOU should be altered, the parties may execute a contract amendment to add any provision to this MOU, or delete or amend any provision of this MOU. All such contract amendments must be in the form of a written instrument signed by the original signatories to this ; "` J MOU, or their successors or designees. n VAR 9101199 CMAO•TEA21 AGENCY MOU 007 12) Attorneys' Fees: If either party commences an action against the other party arising out of or in connection with this MOU, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 13) Compliance with Laws Rules and Regulations: All services performed pursuant to this MOU shall be performed in accordance and full compliance with all applicable Federal, State or Local statutes, rules and regulations. 14) Notification: All notices hereunder and communications with respect to the MOU shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage prepaid to the persons named below: If to CVAG: Patricia A. Larson Executive Director Coachella Valley Association of Governments 73-710 Fred Waring Dr., Ste. 200 Palm Desert, CA 92260-2516 If to the CITY OF LA QUINTA: If to CALTRANS: John Freeland Senior Engineer City of La Quinta- 78-495 Calle Tampico La Quinta, CA 92253 Ray Meijer, Civil Transportation Engineer Local Assistance Program, District 8 California Department of Transportation 464 West 40' Street, 61h Floor San Bernardino, CA 92401-1400 076 5 VAR a01196 CMA0-TFA21 AGBCY MW 008 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their respective officers hereunto duly authorized on the date written below their signatures. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 0 PATRICIA A. LARSON CVAG Executive Director Date: Approved as to Legal Form: in TONI EGGEBRAATEN Attorney at Law CITY OF LA QUINTA By: TOM GENOVESE City Manager Date: Approved as to Form: By: Attorney at Law 77 A VAR MI/N CMA?TWi AGENCY MCU 909 MOU EXHIBIT "A" DESCRIPTION OF SERVICES CMAQ-TEA21 related services required to implement the State Implementation Plan (SIP) and the Attainment Redesignation Request and Maintenance Plan for PM10 in the Coachella Valley are: 1) AGENCY performs the preliminary engineering, construction engineering and construction phases of all PM10 control measure projects as approved by the South Coast Air Quality Management District (SCAQMD) in concert with Caltrans and the FHWA. These projects must be on the Functional Classification System. 2) AGENCY provides the "Request for Authorization" package that contains the information needed by Caltrans and FHWA to process the request, as stated in the Local Assistance Procedures Manual, Chapter 3, Project Authorization, Page 3-6. "Authorization to Proceed" must be obtained prior to starting an item of work for which AGENCY wishes to be federally reimbursed. Work prior to Authorization is ineligible for reimbursement. 3) AGENCY provides evidence of adoption of a valid Disadvantaged Business Enterprises (DBE) plan, as required annually. 4) AGENCY provides evidence of Quality Assurance Program (QAP). 5) AGENCY participates in field reviews of project sites with CVAG to determine the validity of project preparation, including environmental aspects. 6) AGENCY provides all necessary documentation, including but not limited to: ► plans, specifications and estimates (PS&E) ► staff reports and/or council actions completed CEM 3101 form if materials testing will be requested ► right-of-way (ROW) and engineering certification ► contractor bid documents and bid comparison summaries ► contractor Disadvantaged Business Enterprises (DBE) documentation and/or good -faith statements ► notice of award and notice to proceed documents ► construction contracts and contract change orders ► contract billing invoices and proof of payments ► project completion and acceptance reports U ( 8 7 VAR MI/99 CMAG•TWI AGENCY?AM 610 MOU - EXHIBIT "A" DESCRIPTION OF SERVICES - con't 7) AGENCY shall provide one (1) original, and one (1) copy of all necessary documentation to CVAG, maintaining a second copy in AGENCY project files. 8) AGENCY shall conform to all State statutes, regulations and procedures relating to the Federal -aid Program, all Title 26 Federal requirements, and all applicable Federal laws, .regulations, and policy and procedural or instructional memoranda. AGENCY assures that all project documentation conforms to the various procedures required by Caltrans to process Federal and State funded projects, as found in the three volume set: Local Assistance Program Guidelines, Local Assistance Procedures Manual, and the Local Assistance Environmental Manual. The use of the new procedures and forms found in Caltrans Local Assistance Manuals are mandatory. Caltrans required forms will be signed by the AGENCY's Manager (and Engineer where required) certifying accordance with Caltrans procedures. 9) AGENCY is responsible for accurately billing for reimbursable work upon completion. Amounts claimed must reflect the cost of completed engineering work and/or payments to the contractor. 10) Invoices must be submitted on AGENCY letterhead. The original progress payment invoice and the original final payment invoice must be certified and signed by the appropriate responsible persons in the AGENCY. 11) One copy of backup information shall accompany each invoice submitted. For construction contract progress payments, the backup is the AGENCY's progress payment estimate to the contractor. For final invoices the Report of Expenditures package is the backup. 12) Prior to final payment, AGENCY shall submit an acceptable report of completion to CVAG signed by the AGENCY's Manager (and Engineer where required), certifying the project development and construction procedures are in compliance with the applicable State and Federal laws and regulations (as stated above in item 8). Upon completion of all work specified in the contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of the contract will automatically belong to AGENCY. 13) AGENCY shall maintain written source document records that identify AGENCY costs and support payments made to consultants, vendor and contractors. AGENCY shall make documentation available to CVAG and Caltrans with the final invoice for the project, and documentation shall also be available for inspection by audit when and as requested, for a period of at least three (3) years beyond the final accomplishment of the project. 079 1.1 VAR 9101W CMAC-TEAV AGENCY K10V Oil MOU EXHIBIT "B" RESPONSIBILITIES OF PARTIES CVAG RESPONSIBILITIES 1) CVAG serves as the transportation funding agency for the Coachella Valley subregion and bears the responsibility of oversight and administration of the subregion's proportionate share of CMAQ funds. 2) CVAG bears the responsibility of preparing required documentation for the Coachella Valley subregion as a whole, for funding with CMAQ federal funds and making such documentation audit -ready and audit -compliant according to federal guidelines. 3) CVAG will coordinate the submittal of necessary documentation to Caltrans for the Regional CMAQ-TEA21 Program. 4) CVAG will receive invoices from AGENCY, and determine that invoice charges are in reasonable agreement with the project tasks and are eligible for reimbursement according to Caltrans criteria for CMAQ-TEA21 reimbursable expenses. 5) CVAG will submit invoices not more than once a month to Caltrans with a recommendation for payment, as part of a monthly bill for the Regional CMAQ-TEA21 Program. Caltrans will make payments to CVAG, and CVAG will in turn pay the AGENCY. Reimbursement by Caltrans of participating project costs are routinely processed for payment within twenty-five (25) days from the date Caltrans Local Programs Accounting receives the invoices. 6) Payment to AGENCY is made by CVAG generally within ten (10) days after the payment from Caltrans has been received by CVAG, provided the invoice submitted contains the required information and is accompanied by the required backup. 7) CVAG will keep track of AGENCY account for the various PM10 control measure project categories. 8) CVAG staff will be reimbursed for the time designated to this project out of its allotment of CMAQ-TEA21 federal funds approved by the CVAG Executive Committee. 19:1 9 VAR W01M CWQ-TEA21 AGENCY MW i 1 2 MOU - EXHIBIT "B" RESPONSIBILITIES OF PARTIES - con't AGENCY RESPONSIBILITIES 1) Property Acquisition/Eminent Domain Proceedings. All property shall be acquired in the name of the AGENCY Eminent Domain condemnation procedures, if necessary, shall be initiated by the AGENCY. Nothing herein shall constitute an agreement to initiate any specific condemnation action, it being understood any such action could only be taken after a noticed public hearing. 2) Contract Administration. AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the project. CHANGES IN RESPONSIBILITIES The specific responsibilities of CVAG and AGENCY are subject to change. Any such change must be acknowledged and approved in writing by CVAG and AGENCY. Such written acknowledgment need not be in the form of an executed agreement and may consist of more than one written document. 10 VAR W011M CMAGTEQ1 AGENCY MW 013 MOU EXHIBIT "C11 FUNDING POLICY Under CMAQ-TEA21 FHWA funding, these funds are limited to 88.53% of the total cost. The remaining local match of 11.47% will be paid by AGENCY. The total reimbursable cost of the project cannot exceed amounts allocated by the CVAG Executive Committee and actually received by CVAG from Caltrans. Any extra costs will be the AGENCY's responsibility. CVAG will not be responsible, nor shall any further CMAQ funds be allocated, for any additional costs incurred from the project. If the project is terminated or truncated, all payments and interests will be returned to Caltrans accounting department. "Authorization to Proceed" must be obtained prior to starting an item of work for which an AGENCY wishes to be federally reimbursed. Costs incurred prior to authorization are never eligible for CMAQ-TEA21 FHWA reimbursement. o14 11 VAR WO ISO CM40-TEA21 AGENCY MW T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: Adopt a Resolution Designating a 35 MPH STUDY SESSION: Speed Limit for Darby Road PUBLIC HEARING: Adopt a Resolution of the City Council designating a new speed limit of 35 MPH on Darby Road, as recommended by the "Engineering and Traffic Survey at Darby Road" conducted by the Riverside County Transportation Department. New speed limit signs were provided by Riverside County; the City will provide labor to install the signs and the necessary posts and hardware, estimated to cost under $ 200. None The City of La Quinta has been maintaining the portion of Darby Road within the County's jurisdiction since December 10, 1991. The City assumed the maintenance of Darby Road as part of an annexation agreement entered into with Riverside County. If the new speed limit is approved, City staff will install new speed limit signs that have been provided by Riverside County. The California Vehicle Code (CVC) authorizes local agencies to designate and regulate speed zones within their jurisdiction, based on an engineering and traffic survey. The Municipal Code also requires non -statutory speed limits to be designated on the basis of an engineering and traffic survey. The speed limits become effective when formally adopted by the agency and signs giving notice of the speed limit are posted. 083 TAPWDEMCOUNCIM 9991991102a.WPD The CVC generally defines the maximum speed limit on a two lane roadway such as Darby Road as 55 miles per hour (MPH). Exceptions from this include areas meeting the CVC definition of a residential area or business district. Darby Road has a mix of residential and business driveways, neither of which meet the CVC definition. An engineering and traffic survey may be used to establish the critical speed on the street of interest. Critical speed is defined as the eighty-fifth percentile speed, which is at or below the speed which 85% of the traffic is moving. The posted speed limit is normally established by rounding up or down to the first five mile -per -hour increment above or below the critical speed, with an additional five mile -per -hour deduction allowed for special circumstances. The City Council, at its September 15, 1998 meeting, established a speed limit of 45 MPH on Darby Road based on an engineering and traffic survey conducted by City staff. Since that time, residents in the area have complained that the established speed limit of 45 MPH is too high for the conditions on Darby Road. The Riverside County Transportation Department responded to its constituent residents and conducted a second engineering and traffic survey on May 5, 1999, (Attachment 1). Speed data obtained from the second engineering and traffic survey recorded a lower critical speed on Darby Road of 41.9 MPH, which was rounded down to 40 MPH. Since the area is a mix of commercial and residential driveways having direct access, an additional 5 MPH was deducted by the County, reducing the recommended speed limit to 35 MPH. The County of Riverside Board of Supervisors passed Ordinance No. 452.204 on August 24, 1999, amending the prima facie speed limit on the County's portion of Darby Road to 35 MPH, (Attachment 2). Setting a uniform speed limit throughout Darby Road is reasonable, and meets driver expectations. City staff concurs with the results of the new engineering and traffic survey and recommends the speed limit within the City's jurisdiction be reduced to match the new speed limit within Riverside County's jurisdiction. STREET FROM TO EXISTING CRITICAL PROPOSE SPEED SPEED SPEED LIMIT (85 percentile) LIMIT (mph) (mph) (m h) Darby Road Washington La O.uinta 45 41.9 35 Street City Limit 1M O TAMDEPT\CO U NC IL\1999\991102a. W PD The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council designating a new speed limit of 35 MPH on Darby Road, as recommended by the "Engineering and Traffic Survey at Darby Road" conducted by the Riverside County Transportation Department; or 2. Do not adopt a Resolution of the City Council designating a new speed limit of 35 MPH on Darby Road, and allow the existing speed limit of 45 MPH to remain in force; or 3. Provide staff with alternative direction. Respectfully submitted: //,Y 4� Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Riverside County Transportation Department Engineering and Traffic Survey for Darby Road, dated May 5, 1999 2. Staff Report to the Riverside County Board of Supervisors Amending Ordinance No. 452.204 MM TAMDEPT\COUNCIU1999\991102a.WPD 003 TO VIEW THE TRAFFIC SURVEY, PLEASE SEE LASERFICHE PUBLIC WORKS folder > SPEED LIMIT/TRAFFIC SURVEYS subfolder T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Adoption of a Resolution Accepting a Donation from Soroptimist International of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting the donation from Soroptimists International of La Quinta for twelve birthday cakes to the La Quinta Senior Center. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: ilL= BACKGROUND AND OVERVIEW: Soroptimist International of La Quinta has donated funds to the Von's La Quinta store to sponsor twelve birthday cakes for the seniors monthly birthday party at the La Quinta Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting the donation from Soroptimist International of La Quinta for twelve birthday cakes to the La Quinta Senior Center; or 2. Do not adopt a Resolution accepting the donation; or 3. Provide staff with alternative direction. 094 Ily somitted, 11" Lf l-, Dodie Horvitz, Com - nity Services Director Approved for submission by: Thomas P. Genovese, City Manager 095 S:\Community Services\CCReports\CC.004 002 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on October 15,1999, Soroptimist International of La Quinta generously donated to the La Quinta Senior Center twelve birthday cakes; WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of the twelve birthday cakes. PASSED, APPROVED, and ADOPTED this 19th day of October, 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGINA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California Ami S:\Community Services\CCReports\CC.004 003 T4'y,, 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: STUDY SESSION: Continued Consideration of a Recommendation of the Historic Preservation Commission for the PUBLIC HEARING: Allocation of Funds in an Amount Not to Exceed $10,000 to Hire a Cultural Resources Consultant to Prepare Guidelines for the Curation of Archaeological Collections RECOMMENDATION: Continue this item to the City Council meeting of December 7, 1999. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council at its October 5, 1999, meeting, continued any appropriation of funds from the General Fund Reserve to hire a Cultural Resources Consultant to prepare guidelines for the curation of archaeological collections. This is due to their direction that staff contact the Coachella Valley Native American tribes to meet and discuss any issues they may have with the curation of archaeological resources. Staff has tentatively scheduled convening of the tribes in the City Hall Council Chambers on November 10'h at 10:00 a.m. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Continue this item to the City Council meeting of December 7, 1999; or 2. Provide staff with alternative direction. 097 CCCD.001 Respectfully submitted, Ile- Jer Herman Co munity D velopment Director Approved for submission by, Thomas P. Genovese, City Manager n98 CCCD.001 oat c&t,, 4 4 Q" COUNCIL/RDA MEETING DATE: November 2, 1999 AGENDA CATEGORY: BUSINESS SESSION: 0- CONSENT CALENDAR: ITEM TITLE: Consideration of Approving the "Art in the Garden" STUDY SESSION: Event to be Held by the La Quinta Arts Association PUBLIC HEARING: at 51-351 Avenida Bermudas on November 20, 1999. Applicant: La Quinta Arts Association RECOMMENDATION: Approve the request of the La Quinta Arts Association to hold one event on November 20, 1999, subject to the attached Conditions of Approval and authorize staff to approve any future events- with authorization from the Chamber of Commerce. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This Temporary Use Permit is before to the City Council for approval because the proposed event is located on City -owned property. The La Quinta Arts Association has applied to the City for a Temporary Use Permit to hold a one day art show with associated parking. The applicant has submitted a letter of request describing the proposed event (Attachment 1). The event consists of ten tables with umbrellas in front and on the northerly side of the building with six tents in the back yard. The event will be conducted from 10:00 a.m. to 4:00 p.m. The request also includes the placement of 15 3-feet by 3-feet directional signs to be place throughout the City (Attachment 2). Parking signs will be located at the corner of Avenida Bermudas and Avenida Montezuma showing the parking availability on the City -owned property. Additional parking will be available at T-Bo's Restaurant as they will be selling and serving food for the event. 000 CAMy Documents\WPD0CS\ccjh016.wpd FINDINGS AND ALTERNATIVES: Alternative available to the City Council include: 1. Approve the request of the La Quinta Arts Association to hold one event on November 20, 1999, subject to the attached Conditions of Approval and authorize staff to approve any future events with authorization from the Chamber of Commerce; or 2. Deny the request of the La Quinta Arts Association to hold one event on November 20, 190; or 3. Continue the request or provide staff with alternative direction. Respectfully submitted: -ry Her�lnan mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter of Request 2. Sign location map 1kJ 0 002 C:\My Documents\WPDOCS\ccjh016.wpd ATTACHMENT 1 October 25, 1999 Mr. Jerry Herman, Director Community Development Department City of La Quinta Dear Mr. Herman: The La Quinta Chamber of Commerce gives its permission to the La Quinta Arts Association to hold a one day art show called "Art in the Garden" on the grounds at 51-351 Avenida Bermudas on November 20, 1999. Sincerely, qBe;tt�yHa is, Executive Director La Quinta Chamber of Commerce Za 0dilly Chanrher ��� C:am�srf�lcF 1 n 1 Past Offitr Ai' v 2; Za 01iiiiia, C,4 92253 t 1 n gat , 6 v 4 760-564-3794 �-SFy�-111 %P 6004" Age 6& Gdlav 31-231awwris SOMUA- iil•VV7 October 25, 1999 Mr. Jerry Herman, Director Community Development Department City of La Quinta Dear Mr. Herman: The La Quinta Arts Association requests permission to use the City parking lot on Avenida Bermudas November 20 from 9:00 A.M. until 5:00 P.M. This is the lot at the corner of Avenida Bermudas and Montezuma south of Ace Hardware. We also have permission to park cars at T-Bo's Restaurant parking lot on Novembr 20. The Arts Association would like to use 15 signs, 3'x3' at designated spots shown on the enclosed sheet. The signs will say "Parking" or "Art" with an arrow and our logo. We have also enclosed a map of the property at 51-351 Avenida Bermudas showing the layout of our art show -- "Art in the Garden". We would like to supply music with a cassett tape and amplifier and serve and sell food catered from T-Bo's. Thk out 7-7 r- Elaine Reynolds, President--J 102 City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY Case No. Date Recvd. Fee:_ h I ( Related Apps.: APPLICATION FOR TEMPORARY USE PERMIT APPROVAL TEMPORARY USE PERNDT applications are reviewed and approved by the Community Development Director pursuant to Section 9.210.050, of the Zoning Code. The purpose of the review is to regulate certain temporary land uses and activities and ensure minimum negative or adverse impacts on surrounding areas. T— W. APPLICANT MAILING ADDRESS CITY, STATE, ZIP: PROPERTY OWNER (If differe t): MAELING ADDRESS: CITY, STATE, ZIP: LOCATION OF USE/ACTIVITY: LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): PROPOSED USE AND/OR ACTIVITY:, Fax No. I/ 103 11 104 �)07 ATTACHMENT #2 Ir Ic �i 2 15 0 Tiht 4 4Qui«fw COUNCIL/RDA MEETING DATE: November 2, 1999 AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of the Community Services PUBLIC HEARING: Grant Process RECOMMENDATION: Approve one or more recommendations to be incorporated into the Community Services Grant process. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the October 5, 1999 City Council meeting, a study session was held to discuss the Community Services Grant process. The issues that were considered by the City Council included: the application; the deadline for application submission; the application reviewing body; allocations; and the audit/reconciliation report. The following items were discussed and were subsequently approved without any changes: • No solicitation for the Community Services Grant program • La Quinta-based organizations and those organizations that provide benefit to La Quinta residents will receive priority while Coachella Valley -wide programs will receive second priority for funding • Requests from individuals for sole use are not eligible to apply for funding through the Community Services Grant process. Additionally, the City Council identified several recommendations for improving the Community Services Grant process during the study session as presented in Attachment 1. Outlined in this staff report are the recommendations for City Council consideration, for possible incorporation into the Community Services Grant process. 106 THE APPLICATION Recommendation One: Require organizations requesting a Community Services Grant to provide checking account information and identify at least two individuals as authorized signatures on the organization's checking account. This information can be included on the application, as questions number 15 and 16 on Attachment.2. Recommendation Two: Organizations must provide documented financial solvency. One method, although it does reflect outstanding obligations, is to require the last three months bank statements as listed on question number 17 on Attachment 2. DEADLINE FOR APPLICATION SUBMISSION Recommendation Three: Community Services Grant applications shall be considered by the City Council quarterly. The City Council meeting dates for grant application consideration could include the first meetings in August, November, February and May. APPLICATION REVIEWING BODY Recommendation Four: Staff to review the applications for completeness and ensure the organization has met the funding criteria. The completed application along with a staff report will be submitted for City Council consideration. Recommendation Five: Ineligible for funding through the Community Services Grant program: organizations that receive Community Development Block Grants from the City of La Quinta in the same fiscal year. ALLOCATIONS Recommendation Six: Requests for an amount more than $1,000 require the organization to obtain matching funds from sources other than the City of La Quinta. Recommendation Seven: Provide "seed" money for new organizations with a requirement that the organization secure matching funds from other sources. Two recommendations were offered for consideration that would require City Council direction in establishing parameters: Recommendation Eight: Establish a funding cap for organizations. Recommendation Nine: Establish a policy in which organizations are limited to non- consecutive years of funding by the City of La Quinta. 107 S:\Community Services\CCReports\CC.017.wpd AUDIT/RECONCILIATION REPORT There were no recommended changes presented during the study session by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve one or more recommendations to be incorporated into the Community Services Grant process; or 2. Do not approve one or more recommendations to be incorporated_ into the Community Services Grant process; or 3. Provide staff with alternative direction. .ly jubmitted, Dodie Horvit£K, C�mMunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from the October 5, 1999 City Council Meeting 2. Proposed Community Services Grant Application .08 U 0 3 S:\Community Services\CCReports\CC.017.wpd ATTACHMENT 1 City Council Minutes 23 October 5, 1999 too close to a well site in Rancho La Quinta. CVWD agreed to move th well ite location so that Catellus wouldn't have to redesign the Miraflore�to ct, but i turn they've asked the City to make good on the old agreemen convey lot back to them. Mayor Xena asked if the trade was for like -size well sites Mr. Speer a vised that he wasn't sure, but believed a Fritz Burns Park parcel was smaller d the Washington Street parcel wo larger. In response to CdNipcil Member Sniff, Mr. S eer advised that well site #3 will tie into CVWD's do estic water system nd serve other subdivisions in the area. Council Member Perkins as d if t 6re will be any additional costs to the City for these well sites, to which . Speer responded no. There being no one else shing o speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 90-140 A RESOLUTIO OF THE CITY COUNCIL 0 THE CITY OF LA QUINTA, CALIFORNIA PPROVING AND AUTHORIZING T TRANSFER OF PROPERTY FROM TH LA QUINTA REDEVELOPMENT AGE Y TO THE COACHELLA VALLEY ATER DISTRICT AND MAKING CERTAIN FI INGS IN CONNECTION THEIR ITH. It as moved by Council Members Henderson/Sniff to ado Resolution No. 9-140 as submitted. Motion carried unanimously. STUDY SESSION ............. continued 3. DISCUSSION REGARDING THE COMMUNITY SERVICES GRANT PROCESS. Ms. Horvitz, Community Services Director, advised that various review processes have been utilized since the Community Services Grant Program began in 1987, including review by the Community Services Commission, Screening Committee, Cultural Arts Commission, and most currently, the City Council. The current process has three funding categories: -1) contract i services; 2) Boards, agencies, and governmental agencies; and 3) all other ri organizations. In addition, 58,000 has been set aside for La Quinta Schools. V9 UU5 City Council Minutes 24 October 5, 1999 The issues before the Council at this time are the application process and deadline, reviewing body, allocations, and the audit/reconciliation. Council Member Sniff felt that there is no perfect system, and that the current process is working. He advised that he has a problem limiting organizations from receiving funding every year because some of them need it every year. He preferred dealing with the requests as they are received, and was opposed to turning the review process over to another body. Council Member Henderson advised that she has previously supported utilizing the Commissions to review the applications, but as advisory only. She felt the two major questions are whether or not to require matching funds, perhaps if the request is for $1,000 or more, and whether or not to limit funding to alternate years. She agreed that some organizations need funding every year, but felt perhaps if they couldn't get funding from the City.each year that they would find it elsewhere. Council Member Perkins believed the requests should be looked at on a case -by - case basis. He preferred funding City -based organizations or those that have a direct effect in the City, such as the grant given recently to the Explorers. He supported leaving the process as -is. Council Member Adolph didn't have a problem taking the requests on a case -by - case basis, but stated that he believes charity begins at home, and that La Quinta taxpayers' money should be spent in La Quinta. First priority should be given to La Quinta-based organizations, second to organizations providing partial service to La Quinta, and third to other organizations that benefit the valley as a whole. He supported setting a deadline for applications because he felt it's more professional and it would free up staff from having to deal with it all year long. He was also in favor of establishing a realistic dollar amount for grants, and with continuing the school grants, and wasn't opposed to providing seed money for new organizations. Mayor Pena referred to criteria used by other cities, and suggested providing matching funds for startup organizations, but not providing funds to private individuals, nor organizations that receive CDBG funds in the same year. He liked the idea of organizations having to present potential for attaining and sustaining long-term private investments once City funding has been discontinued, and understood that under 501(c), non-profit organizations have to get 30% of their funds from the community, and can't get total funding from one source. He supported funding community -based organizations, but suggested a certain amount be set aside for valley -based organizations as well. He also supported setting an application deadline, but felt twice a year might be 110 uv0 City Council Minutes 25 October 5, 1999 better, and suggested the possibility of setting asap on the funding amounts. He agreed that some organizations need funding every year, and didn't know how the City could get organizations to not rely on the City every year. He also suggested that Council consider adopting a policy wherein those organizations which have a Council Member sitting on the Board of Directors would not be eligible for City funding. Council Member Henderson felt that that Council Member could always abstain from participating on that particular funding request. Council Member Perkins stated that he could see it perhaps with larger organizations such as the Chamber, but not with small organizations. Mayor Pena suggested limiting it then to organizations with contract for services, such as the Chamber and La Quinta Arts Foundation. Council Member Sniff noted that the Council has tried setting a deadline for applications before, and it hasn't worked. He preferred leaving the process as -is. Council Member Perkins was comfortable with the current process, but liked the idea of having a deadline twice a year. , Council Member Henderson questioned what is meant by "City -based" organizations, pointing out that substantial funding was recently given to the Explorers, which has only three La Quinta participants out of a total of 25. She believed that all of the organizations can provide a direct tie back to the City. Council Member Perkins supported funding organizations that are based in La Quinta or that have a direct effect on the City. Council Member Sniff felt it's hard to set deadlines because some organizations might need the funding before the next deadline period. Council Member Henderson felt the organizations should be notified if a deadline is going to be set, and questioned how that might be accomplished since Council has previously agreed that they do not want to solicit grant requests. Council Member Perkins felt if any organizations have a problem waiting three or four months for funding, they are not designed properly. Mayor Pena suggested a deadline three times a year or quarterly. He also noted that the current application doesn't require organizations to provide checking. City Council Minutes 26 October 5, 1999 account information, therefore, the City doesn't have any way of knowing where those funds are going and that they are safeguarded. Ms. Horvitz advised that that information can be incorporated into the application. Currently, the organizations have to submit a reconciliation report, and non-profit organizations have to provide a 990 Form. Council Member Henderson noted that some cities equire special reporting if the funding received is over a certain amount. Mayor Pena suggested requiring dual signatures. as well. Council Member Sniff advised that he was willing to deal with the applications on a quarterly basis. Council concurred on dealing with the applications on a quarterly basis. REPORTS AND INFORMATIONAL ITEMS Suni Transit Agency/SunLine Services Group — Mayor Pena advised tha unLine is asking he cities to consider adopting a resolution on the Fair Co ptitive and Taxpayers' ving Act Initiative, which is an issue that involv Caltrans. He suggested that i -wight be put on the next agenda. CVAG Executive Committee Mayor Pena reported at CVAG is proposing that each city contribute $5,000 toward ing a part -tin census coordinator for the valley. Council Member Henderson asked abo he status of the Community Census Count Committee that was supposed to b esta shed. Mr. Genovese, City Manag , advised that the unty has already done substantial work on that issue, an at that information will passed on to the Community Services Commissio . Ms. Horvitz, mmunity Services Director, advised that it will Bs,,discussed at the next Commis s meeting. She further advised that the Los Angeles eau of the Census has i icated that they will send people to the City. All other reports were noted and filed. 11 z u ATTACHMENT 2 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 99-00 Name of Organization: Amount Requested: Contact Person: Mailing Address: City: State: Zip Code: Phone No.: 501(c)3 Taxpayer I.D. Number: Date Submitted: U09 APPLICATION 1 . What is the overall purpose or goal of your organization? 2. How long has your organization been in existence? Years Months 3. Describe in general the activities or services of your organization: 4. How many people does your organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your organization employ? Full time employees Part time employees Volunteers 8. Describe how your organization is managed and governed. 114 U10 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your organization operate? 11. Do you charge admission, membership fee, dues, etc.? Yes No If yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Total Needed $ Total Received $ Balance $ 13. Amount of money requested from the City of La Quinta? $ 14. Has your organization been funded by the City of La Quinta previously? Yes No If yes, when Amount received 15. Please provide the name and address of the bank in which the organization's funds are kept: 16. Please provide the name and title of those individuals authorized to sign on the organization's account (must provide at least two individuals): Name: Title: 17. Please provide, as an attachment, copies of the last three months bank statements of the organization's account. 18. Need Statement. Clearly and plainly state the reason or need for the requested funds and how these funds will be used, if awarded. 19. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. 20. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended Community Services grant expenditures. 21. Non-profit organizations must attach a copy of the organization's current IRS Form 990. 117 u COMMUNITY SERVICES GRANT RECONCILIATION REPORT Due Date: 30 days following expenditure of grant funds. Final Date to Submit: May 15" 2000 Organization Name: Name of Person Completing Report: Mailing Address: Phone: Period of Report (Mo/Yr to Mo/Yr): Date Your Organization Received Funds: **Describe Your Expenditure of Grant Funds: Reconciliation: Grant Amount $ Funds Expended $ Balance $ Return unspent funds to "City of La Quinta" by check with this form. ** Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at 777-7090. Mailing Address: City of La Quinta, Community Services Department, P.O. Box 1504, La Quinta, CA 92253. SACommunity Services\Community Service GrantAProposed GRANTAPPFY99-OO.wpd 118 U -L 4 T4tit 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Request from the Coachella Valley Association of Governments PUBLIC HEARING: (CVAG) for a Contribution of $5,000 Toward a Census 2000 Coordinator RECOMMENDATION: Approve a request from the Coachella Valley Association of Governments (CVAG) for a contribution of $5,000 toward a Census 2000 Coordinator. FISCAL IMPLICATIONS: Approval of the request would require an appropriation of $5,000 from the General Fund Reserve (Account #101-000-300-290) or the Special Projects Contingency (Account #101-251-663-000) which has a balance of $20,040. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 8, 1999, the Technical Advisory Committee (TAC) of the Coachella Valley Association of Governments (CVAG) considered a proposal to hire a complete count coordinator for the Census 2000, with the goal of ensuring a "complete count" of residents in all CVAG jurisdictions. The proposal entailed asking CVAG jurisdictions to contribute $5,000 each toward the cost of hiring the Census 2000 Coordinator. The TAC discussed the proposal and forwarded a recommendation of approval to the CVAG Executive Committee. On October 25, 1999, the CVAG Executive Committee considered and approved the proposal to hire the Census 2000 Coordinator. According to CVAG staff, several CVAG jurisdictions have already approved the contribution of $5000, including Cathedral City, Coachella, Indian Wells, Palm Springs, Rancho Mirage, and Riverside County. SunLine Transit, not a CVAG jurisdiction, has also contributed $5,000. The status is unknown for the cities of Blythe and Indio, while it appears that the City of Desert Hot Springs and the tribal groups will not be contributing. 119 The Census 2000 Coordinator will be hired by CVAG on a contract basis, for six to seven months, and will work closely with the Census Bureau, CVAG jurisdictions, the County Executive Office and the complete count coordinator who has already been hired by the Western Riverside Council of Governments (WRCOG). Some of the duties outlined for this. contract position include working with communities and organizations on the following: coordinating Census -promoting activities; organizing community outreach workshops; operating Census 2000 booths; encouraging participation of ethnic communities; and working with the media (a full job description is provided as Attachment 1). Three members of the CVAG Technical Advisory Committee are serving as the Selection Committee for the contract position. They have selected three finalists who will be interviewed on November 1, 1999. The Census 2000 Coordinator will be housed at CVAG, with the office and telephone expenses being donated as CVAG's contribution to the effort. Once the position is filled, City of La Quinta staff will determine how the Census 2000 Coordinator will interface with the efforts of City staff and the City's Complete Count Committee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from the Coachella Valley Association of Governments for a contribution of $5,000 toward a Census 2000 Coordinator from the General Fund Reserve (Account #101-000-300-290); or 2. Approve a request from the Coachella Valley Association of Governments for a contribution of $5,000 toward a Census 2000 Coordinator from the Special Projects Contingency (Account #101-251-663-000); or 3. Do not approve the request from the Coachella Valley Association of Governments for a contribution of $5,000 toward a Census 2000 Coordinator; or 4. Provide staff with alternative direction. Respectfully submitted, 2 --,) IN �ad Casillas, Ma6agement As_s_�Iktant 1210 002 Approved for submission by: r/A VA PRING WA, to, M, Od , VW 4 � p/ =��' Thomas P. Genovese, City Manager Attachment: 1. Job Description for Census 2000 Coordinator 1�1 ATTACHMENT 1 JOB DESCRIPTION CENSUS 2000 COORDINATOR Basic function: To perform outreach to and liaison with communities and organizations in eastern Riverside County to promote interest and participation in Census 2000 and ensure a complete count of residents. Duties: • Coordinate Census -promoting activities with governments and community organizations in eastern Riverside County. • Organize and present community -outreach workshops, speeches and events as needed. • Organize and operate Census 2000 information booths at the Riverside County Fair & National Date Festival and other community events, such as the Tamale Festival, VillageFest and the College of the Desert Street Fair, as appropriate. • Place pro -Census information in as many venues as possible, including, but not limited to bumper stickers on public agency vehicles, articles in church bulletins, employee and other newsletters, business voicemail messages and public service announcements • Promote use of Census Bureau's "Census in the Schools" curriculum package. • Work with businesses and organizations that serve ethnic communities to encourage participation in the Census and create and arrange for airing of promotional and public- service messages by members of ethnic communities. • Arrange for Census information and promotional items to be distributed at all places that serve traditionally under -counted populations, such as homeless shelters and public - assistance offices. • Distribute press kits and pro -Census materials to newspapers, TV and radio stations and other media outlets and arrange media coverage of complete -count efforts in eastern Riverside County. • Promote Census participation by public-service announcements, news articles, videos and editorials. • Perform any additional Census -promoting duties as directed. 122 005 Tity/ 4 stP 4"Arlai COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Consideration of Potential Projects for Transportation Enhancement Activities (TEA) Funds Through the Riverside County Transportation Commission (RCTC) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 15 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Riverside County Transportation Commission (RCTC) is accepting applications for projects eligible to receive Transportation Enhancement Activities (TEA) funds. RCTC has set a minimum total project amount of $250,000, of which at least 11.47 percent must be a local match. The City of La Quinta's exact contribution is unknown at this time and will be determined after the City Council provides staff with direction regarding potential projects. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: The City of La Quinta has received a Call for Projects from RCTC to program Transportation Enhancement Activities (TEA) funds provided through the Transportation Equity Act for the 21 st Century (TEA 21). Attachment 1 is a copy of RCTC's Call for Projects, which includes the eligibility and funding information, the application form, and the State Guidelines prepared by Caltrans. RCTC has an estimated $13.4 million available through FY 2003/04 to fund TEA projects. The Coachella Valley allocation is an estimated $2.68 million; however, 25 percent of the $13.4 million is also available through the RCTC discretionary fund. RCTC will award the money in one Call for Projects instead of calling for projects every year. Cities are allowed to submit one application or multiple applications as long as a priority list is provided. The Transportation Enhancement Activities (TEA) Program provides federal funds for transportation related projects that enhance the quality of life, in or around transportation facilities. Projects must have a direct relationship, by function, proximity or impact, to the surface transportation system. Projects must be over and above normal required mitigation measures. Categories of eligible activities include: facilities for pedestrians and bicycles; landscaping and other scenic beautification; acquisition of scenic easements and scenic or historic sites; historic preservation; archaeological planning and research; and removal of outdoor advertising (a complete list of categories is provided in Attachment 1). Since the receipt of RCTC's Call for Projects, staff has identified and begun work on three separate project applications. Below is a table describing the three projects, including the enhancement activities and the associated advantages and challenges as they relate to the TEA Program criteria: PROJECT ENHANCEMENT ADVANTAGES CHALLENGES ACTIVITIES Avenida La - Water features - Consistent with categories - May not get credit as a Fonda Village - Landscaping of landscaping/beautification regional project Enhancements - Sidewalks and pedestrian facilities (patterned after - Raised median - Project readiness Calle Estado) - Brick pavers - Above and beyond normal - Lighting (along project Bermudas and - Consistent with local and Desert Club) regional plans - Supports livable communities concept Highway 111 - Landscaping - Consistent with categories - City would need to Landscaping - Lighting of landscaping/beautification acquire ROW or obtain (segments from - Sidewalks and pedestrian facilities dedication from property west City limits - Irrigation - Major commercial/regional owners to Adams Street, corridor - Would need to show it is consistent with - Connects various activity above and beyond a Highway 111 centers normal project design guidelines) - Consistent with local and -Impact to water retention regional plans basin on one property unknown - High cost estimate Jefferson - Landscaping - Regional Measure A project - City of Indio and Street Median - Lighting - Consistent with landscaping/ Riverside County have Landscaping — - Irrigation beautification category not yet committed to the North - Project readiness project application (City of La Quinta - Major commercial/regional - Would need to show it is Pallet from Hwy corridor above and beyond a 111 to Indio - Connects various activity normal project Blvd) centers - High cost estimate - Consistent with local and regional plans 144 009 Preliminary cost estimates show that the Avenida La Fonda Village Project may cost approximately $600,000. The Highway 111 Landscaping Project may cost up to $2.24 million ($990,000 for landscaping and $1.25 million for right-of-way acquisition). If the City is able to negotiate with the property owners along Highway 111 for a right-of-way dedication, $1.24 million may be deducted from the total cost of the Highway 111 Landscaping Project. With the Council's concurrence, staff would solicit ROW pledges from affected property owners prior to submission of this project application. The preliminary cost estimate for the Jefferson Street Median Landscaping Project is $1,600,000. The City of La Quinta, City of Indio, Riverside County and the Coachella Valley Association of Governments (CVAG) are presently under a cooperative agreement to construct this road as a six lane major arterial. Design, plans, and specifications are presently being completed under contract. City of La Quinta staff has contacted representatives from the City of Indio and the County of Riverside to determine their interest in a joint application. No responses have been received to date. Staff is seeking direction from the City Council as to which project(s) should be submitted for TEA funding consideration in response to RCTC's Call for Projects. The Council may wish to select one project, more than one project with a priority list, or direct staff to pursue additional projects not mentioned in this staff report. The application deadline is Friday, November 19, 1999 by 5:00 p.m. The City Council would need to consider approval of the final application(s) at the November 16, 1999 City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to prepare an application for Transportation Enhancements Activities funds through the Riverside County Transportation Commission for the Avenida La Fonda Village Project; or 2. Authorize staff to prepare an application for Transportation Enhancements Activities funds through the Riverside County Transportation Commission for the Highway 111 Landscaping Project; or 3. Authorize staff to prepare an application for Transportation Enhancements Activities funds through the Riverside County Transportation Commission for the Jefferson Street Median Landscaping Project; or 4. Authorize staff to prepare applications for the Avenida La Fonda Village Project, the Highway 111 Landscaping Project, and the Jefferson Street 125 Median Landscaping Project, or any two of the above referenced projects and prioritize same; or 003 5. Direct staff to prepare an application(s) for an alternative project(s); or 6. Provide staff with alternative direction. Respectfully submitted, MarriblCasillas, Management A istant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. RCTC's Call for Projects: Transportation Enhancement Activities (TEA) Program 126 NMI ATTACHMENT 1 Riverside County 3560 University Avenue Suite 100 • Riverside, California 92501 Transportation Commission phone: (909)78' 7141 • fax: (909)787-7920 • www.rctc.org DATE: September 25, 1999 TO: All Riverside County Jurisdictions and Interested Parties FROM: Eric A. Haley, Executive Director Riverside County Transportation Commission SUBJECT: Call for Projects: Transportation Enhancement Activities (TEA) Program The Riverside County Transportation Commission (RCTC) is announcing a Call for Projects to program Transportation Enhancement Activities (TEA) funds provided through the Transportation Equity Act for the 21 s' Century (TEA 21). An estimated $13.4 million is available for programming in fiscal years 1999/00 through 2003/04. It should be noted that the amount available is an estimate provided by Caltrans and can be adjusted by Obligational Authority (OA) levels set by Congress. Since these TEA funds are available as part of the State Transportation Improvement Program (STIP), the RCTC intra-county formula split will be applied to these funds. Therefore, the distribution of funds will be as follows: Total Available through FY 2004 (estimate) $13,404,000 Discretionary Pot (24.2%) $ 3,243,768 Available for formula allocation $10,160,232 Western County allocation (72.23%) $ 7,338,736 Coachella Valley allocation (26.39%) $ 2,681,285 Palo Verde Valley allocation (1.38%) $ 140,211 ELIGIBLE PROJECTS/PROGRAMS The Transportation Enhancement Activities Program (TEA) provides federal funds for transportation related projects that enhance quality -of -life, in or around transportation facilities. Projects must be over and above required mitigation and must be directly related to the transportation system. Only those activities listed in U.S. Code 23 Section 101(a)(35) are eligible TEA projects. The twelve categories of eligible activities are: 1. Provision of facilities for pedestrians and bicycles. 2. Provision of safety and educational activities for pedestrians and bicyclists. 3. Acquisition of scenic easements and scenic or historic sites. 4. Scenic or historic highway programs (including the provision of tourist and welcome center facilities. 5. Landscaping and other scenic beautification. Page 1 1 � 7 006 6. Historic preservation. 7. Rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals). 8. Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). 9. Control and removal of outdoor advertising. 10. Archaeological planning and research. 11. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle -caused wildlife mortality while maintaining habitat connectivity. 12. Establishment of transportation museums. Transportation enhancement activities may not in themselves be routine or customary elements of transportation projects or mitigation for project impacts in compliance with the requirements of environmental, or other federal, state, or local laws. The federal and state TEA guidelines outline very specific rules for use of these funds. Attached for your reference is a copy of the state's interim guidelines for this program. All applicants are strongly encouraged to review the rules relating to this program outlined in the state guidance. Additionally, applicants are encouraged to review the federal guidelines for the TEA program which can be accessed at the Federal Highway Administration's website at www.fhwa.dot.gov/environment/te_intrm.htm_ RCTC TEA PROCESS It must be clarified that with the advent of Senate Bill 45, regional transportation planning agencies, such as RCTC, are given the discretion over allocation of the TEA funds. The regional transportation planning agencies may set specific, more stringent requirements on the use of these funds, as long as the state and federal minimum guidelines are followed. The RCTC has set a minimum total project amount of $250,000. Additionally, the application process differs somewhat from what is noted in the state guidelines (e.g. number of copies required to be submitted, information required). Please read all application submission requirements carefully as outlined in this Call for Projects. RCTC will hold a TEA Workshop for all potential applicants on Thursday, October 7, 1999, from 2:00p.m.- 4:00p.m. at our office located at 3560 University Avenue, Suite 100, Riverside. Marsha Mason, the statewide TEA Coordinator, will be present to go over questions regarding program requirements and other items you may have prior to completing your application. APPLICANT ELIGIBILITY Only those agencies capable of entering into a Local Agency -State Agreement (master agreement) with Caltrans may apply for these funds. This may include federal, state, and local public agencies, public authority, transit operators, etc. The administering agency will have contractual responsibility for carrying out to completion the TEA project in -accordance with federal, state, and local laws and regulations. Administering agencies may have Page 2 1 4 g 007 partners, such as non-profit organizations or public agencies too small to meet the requirements of obtaining a master agreement with Caltrans. MATCH REQUIREMENTS TEA funding is provided on a reimbursement basis. Eligible applicants are expected to finance the project as it proceeds. TEA funds can be used to support up to 88.53 percent of the actual eligible project expenditures. Applicants are required to provide a minimum 11.47 percent local match. Section 23 U.S.C. 323(c) provides for the allowance of credit for donations of funds, materials, land or services toward the local funding share of a project. Donations must be from private ownership to public ownership for project purposes. Land that has been acquired previously and is already intended for use by the public does not qualify for donation credit. If you have a question regarding the eligibility of your proposed local match, you are encouraged to contact Caltrans District 08 Local Assistance Office at (909) 383-4030 to receive clarification. APPLICATION SUBMITTAL REQUIREMENTS All agencies wishing to apply for TEA funds must use the enclosed application format (Attachment A). Additional pages may be added if more space is required. If you would like a copy of the application form e-mailed to you, please call Shirley Gooding at (909) 787-7141. The original application must be signed by an individual authorized to act on behalf of the public agency submitting the application. Additionally, thirty-three (33) copies must be submitted along with the original, for a total requirement for thirty-four (34) documents (we apologize for the large number of copies, however our Technical Advisory Committee has been designated as the Evaluation Committee, thus the large number of copies required). All applications must be received by RCTC at its office located at 3560.University Avenue, Suite 100, Riverside, CA 92501 by 5:00p.m., Friday, November 19, 1999. Postmarks, facsimile or e-mailed applications will not be accepted. Any applications received after 5-00p.m. will NOT be evaluated. If your agency is submitting multiple project applications, please provide a project priority list. PROJECT SELECTION CRITERIA Applications will be evaluated by the RCTC Technical Advisory Committee (TAC) on Monday, December 13, 1999 beginning at 9:00a.m. All applications which pass through the initial project screening will be evaluated using the project selection criteria as shown in Section VI of the application. All applicants are invited to attend the evaluation meeting to answer any questions the TAC may have concerning the project, however, project presentations will not be allowed. Page 3 129 PROGRAMMING PROCESS In order for an eligible project/program to be approved and receive funding, it must go through the following process: 1) Applications are submitted by eligible entities to RCTC by 5-00p.m. on November 19, 1999. 2) Applications will be reviewed and rated based upon established selection criteria. 3) Applications approved for funding by RCTC will be reviewed by Caltrans Headquarters TEA Program staff to confirm eligibility. 4) Eligible projects approved for funding by RCTC will be submitted by RCTC to the Southern California Association of Governments (SCAG) for approval and inclusion in the next update to the RTIP. 5) SCAG RTIP-approved projects are forwarded to Caltrans and the Federal Highway Administration (FHWA) for review, approval and inclusion in the federal TIP (FTIP). 6) Upon federal approval, RCTC will notify local agencies to process required documents through Caltrans District 08 Local Assistance Office. Entities may not incur chargeable project work until receipt of final federal approval for Obligational Authority and Notice to Proceed through the Caltrans District 08 Local Assistance Office. The proposed TEA Program of Projects is scheduled to be considered by RCTC's Budget and Implementation Committee on December27, 1999. The Committee recommendation will be considered by the full RCTC Board at their meeting on January 12, 2000. Should you have any questions regarding this TEA Call for Projects please call Cathy Bechtel at (909)787-7141. Attachments: TEA Application State TEA Guidelines cc: RCTC Commissioners Page 4 130 009 Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 I. APPLICANT INFORMATION Sponsoring Agency: Address: Contact Person: Phone #: Fax #: Title: E-mail: If Joint Project, include partner agency name, contact person, and phone number: II. PROJECT INFORMATION Project Name: Project Description and Scope: (Include information on project location, limits of work, property needing to be purchased, modifications required to complete project, etc). Amount TEA Requested: $ ( %) Non -Federal TEA Match: $ ( %) Total Project Cost: $ ( 100%) Source(s) of Match: WHICH CATEGORY OR CATEGORIES ENCOMPASS YOUR TEA PROJECT? (May be more than one.) List approximate amount of federal TEA funds to be spent in each of the TEA categories: $ 1. Pedestrian or Bike Facilities $ 7. Historic Transportation Rehab $ 2. Safety/Educ. for Peds & Bikes $ 8. Railway Corridor Preservation $ 3. Acquisition of Easement/Sites $ 9. Outdoor Advertising $ 4. Highway Programs $ 10. Archaeological Plan/Research $ 5. Landscaping/Scenic Beautification $ 11. Environmental Mitigation $ 6. Historic Preservation $ 12. Transportation Museums Federal Environmental Approval for TEA Project (check proposed type and status): TYPE: Environmental Assessment Categorical Exclusion EIS Negative Declaration STATUS: Not Started Complete (Date of Completion ) In Progress 1 Riverside County Transportation Commission - �p 131 O11 Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 8) Is the project in compliance with the Americans with Disabilities Act? Yes No N/A 9) For archaeology and historic preservation projects, is the proposal in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation? Yes No N/A IV. SCHEDULE AND BUDGET i TEA $ I (000's) Other $ I (000's) Other $ (000's) Total $ Project (000's) ; Start Date Mo/Yr Project I End Date Mo/Yr Environmental Design & Engineering ROW/Site Acquisition Construction Project Completion f.R,t TOTAL I V. DETAILED COST ESTIMATE ITEM ESTIMATE -CONSTRUCTION CONTRACT ITEMS Item Description Unit Quantity Unit Price - Amount 3 132 Riverside County Transportation Commission O1ti Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 III. PROJECT SCREENING If any of the applicable screening criteria are not met, the proposal will not be ranked or evaluated any further. 1) DIRECT RELATIONSHIP TO TRANSPORTATION SYSTEM: Function Proximity Impact Briefly explain the direct relationship between the proposed TEA Project and the transportation system. How does the proposed project enhance the transportation system? 2) OVER AND ABOVE A NORMAL PROJECT: Yes No A normal transportation project may include mitigation, standard landscaping, etc. as part of the permitting requirements. Briefly explain how the proposed enhancement is over and above a normal transportation project. 3) Is the project consistent with federal, state, regional or local land use and regional transportation plans, goals, and policies? Yes No Describe the plans used in evaluating consistency (e.g. Regional Transportation Plan, Coachella Valley Arterial Program, Comprehensive Transportation Plan): 4) Is the proposed project financially viable? Yes No Describe the financial plan for the project including discussion of project phasing, cash flow and commitment of matching funds. 5) . Is the project well-defined, well -justified, and ready -to -go in the year 'proposed? Yes No Describe evidence supporting this statement. 6) If the project requires on -going maintenance, do you have a maintenance program in place or planned? Yes No N/A If so, please describe program and how it will be funded. 7) Does the proposed project improve air quality or have a neutral air quality impact? Yes No Describe evidence supporting this conclusion. z Riverside County Transportation Commission 133 013 Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 VI. PROJECT SCORING CRITERIA UNDER WHICH DIVISION SHOULD YOUR PROJECT BE SCORED? (Must designate only one.) The Divisions are groupings of the 12 activity categories into four divisions with similar characteristics. The divisions are for ease of scoring only and are not intended to affect the distribution of funds. Division A: Bicycle, Pedestrian, Abandoned Rail Right -of -Way (Categories 1,2,8) Division B: Historic/Archaeological (Categories 3,4,6,7,10, 12) Division C: Transportation Aesthetics and Scenic Values (Categories 3,4,5,9) Division D: Environmental Mitigation (Category 11) ALL APPLICANTS MUST ANSWER QUESTIONS 1-3 1) Describe why the project is beneficial. How does the project improve overall quality -of -life, community and/or environment? Does the project connect transportation modes or does the activity have other multi -modal aspects? Does the project reinforce or complement the regional transportation system or fill a deficiency in the system? (0-6 points) 2) Describe degree of regional and/or community support for the project. (0-3 points) 3) If project has in excess of the required 12% local match describe sources and commitment for the additional matching funds. (0-3 points) Answer the two questions that correspond to the Project Scoring Division designated above, either Division A, B, C, or D. DIVISION A: Bicycle, Pedestrian, Abandoned Rail Right -of -Way Projects 1) What is the need for the proposed facilities or programs? Please specify high, medium or low and explain your answer. For example, is there a shortage of bicycle or pedestrian facilities available? Is there a missing link in connecting the intermodal system; how important is this link? How necessary are new facilities serving the system? (0-3 points) 4 134 Riverside County Transportation Commission 014 Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 2) Describe how the proposed project meets the needs or addresses opportunities for bicycle or pedestrian facilities or programs. (0-3 points) DIVISION B: Historic/Archaeological Projects 1) Specify the current recognition of historical or archaeological significance. Please specify whether the recognition is federal, state, local or some other measure of significance. (0-3 points) National Register of Historic Places (Date: State Historical Landmark (No. ) State Points of Historical Interest (No. California Register of Historical Resources Regional Archaeological Information Ctr (No. Local Landmarks Program 2) How will the project enhance, preserve, or protect a historic or archaeological resource? (0-3 points) DIVISION C: Transportation Aesthetics and Scenic Values Projects 1) How are the scenic or aesthetic resources rare, unique, or significant, or how does the potential exist for landscaping or scenic beautification or improvements? (0-3 points) 2) How does the project preserve, rehabilitate, or develop scenic or aesthetic resources? (0-3 points) DIVISION D: Environmental Mitigation 1) What are the environmental problems caused by the highway runoff to be mitigated? If project is to reduce vehicle -caused wildlife mortality while maintaining habitat connectivity, provide specific data on wildlife mortality, motorist issues, habitat fragmentation, etc. (0-3 points) 5 135 Riverside County Transportation Commission 015 Transportation Enhancement Activities (TEA) Program Call for Projects for Funds Available in FY1998-FY2004 2) How does the proposal solve the problem? (0-3 points) VII. Please attach an 8 1/2 x 11 site map and/or photos of proposed project. VIII. STANDARD ASSURANCES Project Sponsoring Agency possesses legal authority to nominate transportation enhancement activity and to finance, acquire, and construct the proposed project; and by action of an official authorized to submit the project on behalf of the agency, authorizes the nomination of the transportation enhancement activity, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Sponsoring Agency to act in connection with the nomination and to provide such additional information as may be required. Project Sponsoring Agency will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity. With the approval of the California Department of Transportation, the Sponsoring Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. Project Sponsoring Agency will give the California Department of Transportation's representative access to and the right to examine all records, books, papers, or documents related to the transportation enhancement activity. Project Sponsoring Agency will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence. Project Sponsoring Agency will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other federal, state, and/or local laws, rules, and/or regulations. I certify that the information contained in this transportation enhancement activity application, including required attachments, is accurate and that I have read and understand the important information and agree to the assurances on this form. Signed Title Date Printed (Name, 136 Riverside County Transportation Commission 016 Draft Transportation Enhancement Activities Program in the Transportation Equity Act for the Twenty-first Century (1998-2003) Guidelines for Applicants to Regional Transportation Planning Agencies o �- � Sri •. 07 California Department of Transportation www.dot.ca.gov/hq/TransEnhAct/ Adopted by the California Transportation Commission Adopted February 1993 - revised ((DATE)) Draft RTPA TEA Guidelines Page 1 137 13 January 1999 018 Table of Contents Tableof Contents ........................................................................................................... 3 SectionA - About the Program...................................................................................... S AboutThese Guidelines..........................................................................................................5 KeyPoints..............................................................................................................................5 ProgramOverview.................................................................................................................6 Vision.............................................................................................................................................. 6 PublicParticipation.......................................................................................................................... 7 ProgrammingCycles 1998-2003.............................................................................................7 RTPAExchange of TEA Funds........................................................................................................ 8 Remaining Projects from Earlier TEA Cycles................................................................................... 8 ProgramProcedures.......................................................................................................................... 9 NominatingProjects ............... :............................................................................................... 9 SectionB - Eligibiliry...................................................................................................11 AdministeringAgency Eligibility.........................................................................................11 ProjectEligibility..................................................................................................................11 The Twelve Categories of Activities................................................................................................13 EligibleCosts........................................................................................................................13 LocalFunding Share (Match)..........................................................................................................14 Use of State Hiehway Account As Match.........................................................................................15 When Eligible Costs Can Be Incurred/Authorization to Proceed.......................................................15 Preliminary Engineering — What is included' what is excluded.........................................................16 Right of Way (Acquisition) — What is included/ What is excluded...................................................16 Construction — What is included/ What is excluded.........................................................................19 SectionC - Competition and Approval Process............................................................ 21 EligibilityCheck...................................................................................................................21 Approvalat the Federal Level.................:............................................................................21 Section D - Project Administration/Implementation................................................... 23 Implementation— A Phased Process.....................................................................................23 Preliminary Engineering Phase — Environmental Documentation....................................................24 Preliminary. Engineering—...............................................................................................................25 Construction Documents— Design Standards & Reviews.................................................................25 Right of Way (Acquisition) Phase....................................................................................................26 ConstructionPhase..........................................................................................................................26 Agreements...........................................................................................................................26 Under -Expenditures and Over-Expenditures......................................................................27 Auditsand Records Retention..............................................................................................27 Invoicing...............................................................................................................................28 Ribbon-Cutting....................................................................................................................28 Draft RTPA TEA Guidelines Page 3 13 8 13 January 1999 020 Maintenanceand Monitoring...............................................................................................28 Draft RTPA TEA 'Guidelines Page 4 139 13 January 1999 021 Section A - About the Program About These Guidelines These guidelines are intended to assist agencies that will implement projects to apply for transportation enhancement activities (TEA) funds through the Regional Transportation Planning Agencies (RTPAs). They explain how enhancement activities are nominated, funded, and administered. This is not a grant process, it is a competitive process for federal -aid funds. These guidelines are one of four sets of guidelines for TEA funds for the six -year period from 1998 through 2003. Regional Transportation Planning Agencies receive 75 percent of the TEA dollars in California ($270 million). Each Region receives a TEA share by formula. The other 25 percent goes to the state ($92 million). The other three sets of state guidelines are for: 1. Caltrans projects ($40 million), and 2. Conservation Lands [Acquisition] projects (minimum $6 million) selected by Caltrans and the Resources Agency, and 3. State Environmental Enhancement projects (minimum $20 million) (not to be confused with the state -funded Environmental Enhancement and Mitigation Program) selected by the Resources Agency. Key Points + This is a reimbursable program, + A local funding share (match) is required in each phase of the project; administering agencies must commit to cover cost increases if the project turns out to be underfunded; + Organizations may nominate projects, in partnership, through a public agency that is willing and able to take responsibility for carrying out and maintaining the project; + Improvements to private property and commercial facilities are not eligible; + Projects must comply with federal environmental requirements and with other federal regulations, as outlined in the Local Assistance Procedures Manual. Draft RTPA TEA Guidelines 13 January 1999 Page 5 140 022 + Suggested minimum project size is $100,000 in federal funds. making the minimum overall project cost approximately $114,000. Regional agencies may consider stand-alone projects of unusual merit in the $50.000 - $100,000 range, and work of any size that will be added into a federal transportation improvement contract. + Generally, this is a capital improvement program; it is not for planning, maintenance, equipment or operations. Program Overview California will receive approximately $60 million per year for six years ($360 million total) under the Transportation Equity Act for the Twenty-first Century (TEA-21). This represents a 10 percent set -aside of one of the TEA-21 programs, the Surface Transportation Program funds. This money is available only for transportation enhancement activities. Procedures and requirements for developing federal -aid projects are substantially more involved in time and money than the requirements for claiming state funds. Administering agencies must follow the requirements of title 23, United State Code. These are contained in the Local Assistance Procedures Manual, accessible from the internet at: www.dot.ca.gov/hq/LocalPrograms/public.htm. The Manual is also available in hard copy for $32 from the Caltrans Publications Unit, 1900 Royal Oaks Drive, Sacramento, California 95815 (Phone: 916-445-3520). Other manuals that may apply to a specific project are Right of Way: Procedures for Developing Local Federal -Aid Highway Projects, Encroachment Permits, or Environmental Analysis: Procedures for Developing Local Federal -Aid Highway Projects. In addition, training is sometimes available 'to public agencies for federal -aid projects through the California Technical Assistance Program. For details, see the UC Berkeley Institute of Transportation Studies website at: www.its.berkeley.edu/techtransfer/shortcourses.html. For additional information about applying for TEA funds, see the TEA website at www.dot.ca.gov/hq/TransEnhAct/. Vision Transportation enhancement funds are to be used for transportation -related projects that enhance quality -of -life, in or around transportation facilities. Projects must be over and above required mitigation and normal transportation projects, and the project must be directly related to the transportation system. Draft RTPA TEA Guidelines Page 6 141 13 January 1999 023 The program should have a quality -of -life benefit while providing the greatest benefit to the greatest number of people. Transportation enhancement activities are a means to integrate more creatively and sensitively transportation facilities into their surrounding communities. What distinguishes transportation enhancement activities from other worthwhile "quality of life" and environmental activities is their potential to create a transportation experience that is more than merely adequate. At the same time they may protect the environment and provide a more aesthetic, pleasant and.improved interface between the transportation system for the communities and people adjacent to transportation facilities. Doing this will require expanded partnerships on all levels. Public Participation TEA program decisions must be made in an open public decision process, with an opportunity for parties interested in the TEA program to present comments. Interested parties and proponents of transportation enhancement activities are invited to submit project ideas for application through their local public agencies to their respective Regional Transportation Planning Agencies (RTPAs). A list of RTPAs will be included in the TEA website: www.dot.ca.gov/hq/TransEnhAct. Potential opportunities for public comment: + Adoption of the Federal Transportation Improvement Programs (FTIPs) + Comments on Regional Transportation Plans prior to their adoption. + RTPA application -scoring teams, mostly in larger regions. + Comments on environmental document draft. A Transportation Enhancement Activities Advisory Council to Caltrans was established in July 1993 to be an ongoing vehicle of public participation in program implementation. It exists to identify issues and communicate program changes to Council members' respective agencies or organizations. Programming Cycles 1998-2003 Regional TEA projects will now be programmed at the regional level in Local Assistance, rather than at the state level in the State Transportation Improvement Program, as they were in the previous three cycles. Draft RTPA TEA Guidelines Page 7 142 13 January 1999 024 Regional Transportation Planning Agencies (RTPAs, Regions) may program any type of eligible TEA projects on their own choice of time schedule, programming policies, application forms, and number of programming rounds. Most regions will have at least two TEA cycles, one committing one-third to one-half of the regional TEA share by 1999 and a second one by about 2001. Smaller regions with less than $1 million in TEA share may choose to program all in one single round. Each RTPA may choose its own deadline for TEA applications. The Federal Highway Administration and Federal Transit Administration must approve projects in the Federal State Transportation Improvement Program (FSTIP) before they may start. Regions retain and may reprogram TEA shares if new TEA projects in their region subsequently fail. RTPA Ex-chan_ge of TEA Funds Small Regions (up to 200,000 population) that decide not to use their full TEA share may exchange federal TEA funds to the state for state funds on an annual basis (California Transportation Commission action 10/98). These TEA funds will be added into the state TEA share. Other larger Regions that do not have statutory authority for this exchange may trade TEA funds among themselves. Regions are required to inform the Commission and Caltrans'after such trades have been made. Small Regions may only exchange all or a part of their federal fiscal year 1998 and 1999 TEA funds to the state during the period from October 1998 through March 1999. Subsequent exchanges will be done annually, following distribution of annual federal local assistance apportionments. Remainin_a Proiects from Earlier TEA Cycles The Commission and Caltrans will fund all delivered TEA projects from the first three cycles (1996 State Transportation Improvement Program [STIP]). Projects from the 1996 STIP not deliverable (authorized to proceed with construction) or not delivered by September 2000 will be unprogrammed; the funds will be rescinded. The Region retains the programming capacity, and may replace the failed TEA project(s) with new TEA projects, or may exchange or trade TEA funds. Regions may supplement existing (1996 STIP) TEA projects with additional TEA funding, through their TEA programming process. Draft RTPA TEA Guidelines page g 143 13 January 1999 025 Program Procedures Regions must provide Caltrans with certain minimum information relating to all TEA projects: + Two copies of the application for projects to be programmed, so Caltrans, on behalf of Federal. Highway Administration, can review for TEA eligibility before a TEA project is amended into the Federal State Transportation Improvement Program (FSTIP), and can keep program administration files. + The updated regional mailing list, periodically, so Caltrans can keep a current statewide mailing list for guidelines. + The regional schedule for TEA programming cycles at least two months in advance of the due date for applications. Caltrans will post this information on the TEA website. (Any region that has already issued a call for project before the adoption of these guidelines may continue on its present schedule.) + A current contact person responsible for TEA programming. This information can be sent to Marsha Mason, TEA Branch Chief, Caltrans, 1120 N Street, M.S. 28, Sacramento, California 95814 Nominating Proiects Applicants send in the application to the Regional Transportation Planning Agency on the RTPA's application form. Regions may use the model TEA application form and the model TEA scoring criteria at their option. Applicants must request an application from the Regional Transportation Planning Agency. Deadlines and contacts will be published in the Caltrans website at www.dot.ca.gov/hq/TransEnhAct/. Applicants should send four (4) copies of the application to the Regional Transportation Planning Agency. It can take three to six months between the application deadline and when the project can start. Draft RTPA TEA Guidelines Page 9 144 13 January 1999 �026 Section 6 - Eligibility Administerinq A_genc►i Eligibility Projects shall be nominated by the agency that will be administering the project and taking responsibility for maintaining it. In addition, the administering agency must be capable of entering into a master agreement with Caltrans and must be determined to be capable of implementing the project by the Caltrans District Local Assistance Engineer. This may include the Regional Transportation Planning Agencies (RTPAs, Regions) and other federal, state, and local public agencies, i.e. Regents of the University of California, a county, city, city and county, special district, public authority, transit operator, transportation commission, county transportation authority or joint powers authority. A joint powers authority must be able to commit the resources of the member agencies. Administering agencies have contractual responsibility for carrying out to completion the enhancement project in accordance with federal, state, and local laws and regulations. Administering agencies often have partners in bringing forward j enhancement projects. These partners may be non-profit organizations that wish to be a part of implementation or maintenance, public agencies that are too small to meet the requirements of obtaining a master agreement with Caltrans, or agencies that have minimal staff to administer a federal -aid project. Others may be partners in funding only. No matter if partners are involved, the administering agency is the one entity responsible for implementing the project and maintaining it for the life of the project. Federal and state agencies may administer transportation enhancement activities projects. The agency must have statutory authority to charge on a reimbursement basis. Proiect Eligibility All projects selected by the Regions will be reviewed by Caltrans Headquarters TEA Program staff for eligibility. During its review, Caltrans will ask at least the following: NOTE: This section will be completed after Federal Highway Administration issues its guidance on eligibility. Draft RTPA TEA Guidelines 13 January 1999 Page 11 145 028 "What is the direct relationship to the surface transportation system?" Projects must have at least one direct relationship to the surface transportation system. This relationship may be one of function, proximity, or impact. For example, + A bikeway is a functional component of the intermodal transportation system. + Removal of outdoor advertising in the viewshed of a highway is justified in light of its proximity. (Proximity can be confusing because any project appears eligible by virtue of being near a roadway, however, there will be no tenuous or contrived relationships. When the relationship is by proximity, how does the activity significantly enhance the transportation experience?) + Water pollution control alongside an existing highway to protect or improve a drinking water supply would qualify based on the impact of the highway in terms of water pollution. "is this over and above a normal project?" Enhancement activities are over and above normal transportation projects. Typically, a normal transportation project may include mitigation, standard landscaping, other permit requirements and provisions negotiated as a condition of obtaining a permit for a normal [non -enhancement] transportation project. Transportation enhancement activities may not in themselves be routine or customary elements of transportation projects or mitigation for project impacts in compliance with the requirements of environmental, or other federal, state, or local laws, even if those aspects will otherwise constitute specified transportation enhancements. For example, mitigation banking is not eligible. If this proposal is an enhancement to a larger project, check the environmental document for these items — Is the proposed enhancement part of the project description? Is it listed as mitigation? Is it a permit requirement? If so, the activity is not "over and above" a normal project. Perrraitting agencies might include federal agencies such as U.S. Forest Service, Bureau of Land Management, or U.S. Corps of Engineers. State permitting agencies might include State Department of Fish and Game. Regional permitting agencies might include a regional water quality control board. "Which category or categories encompass the transportation enhancement activities?" Draft RTPA TEA Guidelines Page 12 118 13 January 1999 029 Projects must be selected from one or more of the twelve activities categories listed in U.S. Code 23 Section 101(a). If project eligibility in these twelve categories is not clear, the applicant will provide reasoning for including it, and a determination will be made by the RTPA, Caltrans, and Federal Highway Administration. The twelve categories are: 1. Provision of facilities for pedestrians and bicycles 2. Provision of safety and educational activities for pedestrians and bicyclists 3. Acquisition of scenic easements and scenic or historic sites 4. Scenic or historic highway programs (including the provision of tourist and welcome center facilities) 5. Landscaping and other scenic beautification 6. Historic preservation 7. Rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals) 8. Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails) 9. Control and removal of outdoor advertising 10. Archaeological planning and research 11. Mitigation of water pollution due to highway runoff or reduce vehicle - caused wildlife mortality while maintaining habitat connectivity 12. Establishment of transportation museums. Enhancements development must be for capital improvement; it cannot be a maintenance expenditure, project with a life of less than 5 years, or a one-time temporary improvement. The Twelve Categories of Activities NOTE: This section will be completed after Federal Highway Administration issues its guidance on the four new areas of eligibility. Eligible Costs The applicant must prepare an accurate cost estimate for proposed transportation enhancement activities. TEA funds are for capital improvements. Feasibility study projects are ineligible, which of themselves provide no enhancement to the public. If a study shows the project to be feasible and a financial plan shows a credible source of Draft RTPA TEA Guidelines Page 13 13 January 1999 1_ /1 "? 030 operating funds, capital phases may be eligible for enhancement funds. These include: + Preliminary engineering (including environmental studies), + Real property acquisition, and + Construction costs associated with conducting an eligible activity. These funds are not to be used for program planning; however, they may be used for archaeological planning projects and bicycle and pedestrian safety and education activities. Transportation enhancement activities are public funds. They are to be used for facilities that are in public ownership for public use. Improvements to private property and commercial facilities are not eligible, but may include properties for public use, owned by a public not -for -profit corporation. Example: cafe seating, childcare center and offices will in most cases be considered improvements for non-public benefit, and will not be eligible. Activities that are not explicitly on the list of twelve categories might qualify if they are an integral part of a larger qualifying activity. For example, if the rehabilitation of a historic railroad station required the construction of new drainage facilities, the entire project could be considered a transportation enhancement activity. Similarly, environmental analysis, project planning, design, land acquisition, and construction activities incidental and necessary for implementing qualifying transportation enhancement activities are eligible for funding. For example, costs for environmental mitigation required for the J enhancement project itself are reimbursable. Project funding under the TEA program is not available for a non -applicant agency to perform its normal required review and permit functions: Public agency work is eligible for reimbursement, as long as it is only for the project. Convict labor is not a reimbursable cost. Only costs incurred after the project has "Authorization to Proceed" is eligible for reimbursement. Local Funding Share (Match) + Transportation Enhancement Activities are reimbursable projects. Applicants are expected to finance the project as it proceeds. + A match of approximately 12 match dollars to each 88 federal dollars for a total of 100 dollars is required in each enhancement project phase. Match may be local dollars, state dollars [including Environmental Enhancement and Mitigation program], non -transportation federal dollars, or private cash. Draft RTPA TEA Guidelines 13 January 1999 Page 14 g 031 + Up to 88 percent of the actual eligible expenditures — up to the ceiling of the federal funding share — will be reimbursed with each invoice. + Administering agencies may "overmatch" enhancement projects; that is, additional match dollars may be used in the transportation enhancement activity beyond the match requirement. + Because of federal policies and the possibility of cost overruns, administering agencies are encouraged to use the full extent of federal funds in the project. Agencies are discouraged from including more than 49 percent non-federal dollars in the total enhancement project cost. + Administering agencies must commit to cover any cost overruns if project turns out to be underfunded. + Any work not eligible for federal TEA reimbursement must be funded by other means by the project applicant, and cannot count as match. Use of State Highway Account As Match Match may be provided from Caltrans State Highway Account funds for functional transportation projects and projects on the State Highway right of way. State Highway Account match may only be requested during the application process; it may not be requested after a project is programmed. For a project to receive State Highway Account funds, the project must be consistent with Article XIX of the State Constitution. Section 323 of Title 23 allows right of way donations to count towards the local funding share of a project. Donations may be from private ownership to public ownership, or may be a contribution of public land for project purposes. Acquired right of way is not eligible as the match. "Soft match" refers to instances where the value of activities accomplished away from the project are credited toward the non-federal share (match) of the project. An example of this is the toll credit provisions of Section 1044 of the ISTEA. Soft match generally is not eligible under current federal rules. When Eligible Costs Can Be Incurred/Authorization to Proceed Each project has three possible phases: preliminary engineering, right of way [acquisition], and construction. An administering agency may proceed to incur reimbursable costs for a given phase only after it receives "Authorization to Proceed" from the Caltrans District Local Assistance Engineer. This occurs after: Draft RTPA TEA Guidelines Page 15 13 January 1999 03 1) Federal approval of the project in the FSTIP (Federal State Transportation Improvement Program), and 2) Submittal of "Request for Authorization" by administering agency and execution by Caltrans of the Authorization to Proceed. Even though the project may proceed to incur costs, it may not be reimbursed until the agreements between Caltrans and the administering agency, and Caltrans and Federal Highway Administration are executed. Preliminary En_gineerin_g - What is included/ what is excluded The preliminary engineering phase includes preparation of environmental documentation and preparation of construction documents (plans, specifications and cost estimates). Preliminary right of way work to provide data for environmental documentation may also be reimbursed from preliminary engineering phase moneys. See the Local Assistance Procedures Manual. No costs beyond project -related costs are eligible. To be eligible for reimbursement, all project support costs, such as preliminary engineering, must be included in the programmed project cost. Costs can be shifted between phases. Mitigation costs, which arise in the course of the project, are covered up to the limit of the project cost programmed. The administering agency may use its own workforce to do preliminary engineering work. Costs must be specifically and only for the project. It may also retain consultants after satisfying federal and state requirements for selecting consultants. Proposed projects must obtain federal environmental clearance under the National Environmental Policy Act (NEPA) and other federal regulations. This process can be more costly and take longer than state clearance under the California Environmental Quality Act (CEQA). Projects utilizing state funds for match must comply with requirements of both NEPA and CEQA. When reimbursement is requested for preliminary engineering, the administering agency is obligated to begin construction within ten years of the Authorization to Proceed. Regardless of the source of funds used to construct, federal funds used for preliminary engineering must be returned if construction does not start within ten years. Right of Way (Acquisition) - What is included/ What is excluded - - Generally, the right of way phase is included when: utilities will be relocated; a purchase, easement, or lease is involved; an operating railroad facilities will be crossed or modified; an occupant or business will be relocated; Draft RTPA TEA 'Guidelines Page 16 ? O 13 January 1999 033 or an access issue is involved. Refer to the Local Assistance Procedures Manual. Environmental analysis and public hearing requirements must be completed before starting most right of way activities. Acquisition projects often require special environmental studies, even when no development will occur on the site. For example, these might include archaeological resources or endangered species database searches. When federal funds are to be used for reimbursement of right of way costs, federal authorization to begin work must be obtained in advance. All right of way activities must be performed in accordance with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act as amended, and in conformance with Caltrans Right of Way procedures for local federal -aid projects. Funds may be used for costs such as appraisals, surveys, legal matters, purchase, relocation assistance, or utilities relocation. Federal funds may be used only for costs incurred after Caltrans approves the authorization to proceed (FNM76). An offer to acquire property must be written and may be made only after appraisals are approved. Commencement of negotiations with property owners prior to Authorization to Proceed for right of way may jeopardize reimbursement eligibility. Obtaining an option to purchase property is not considered to be an offer to purchase. Therefore, the requirement that no offer be made until after receiving environmental clearance and project approval will not be violated by obtaining an option. Obtaining an appraisal at an early stage, for the purpose of estimating the capital cost of a project, will not bar Federal Highway Administration participation in project costs. Such an appraisal generally serves the same functions as the project estimates Caltrans prepares, providing cost projections used in planning, applying for funding, etc. + However, FHWA will not participate in the cost of an appraisal prepared prior to Authorization to Proceed. + Any appraisal used as the basis for an offer must be current. This means that if the original appraisal used for estimating purposes is so old as to be suspect as to its timeliness, it must be reviewed to determine if it is still current and if not, a new or revised appraisal must be obtained. Draft RTPA TEA Guidelines 13 January 1999 Page 17 t51 034 Private, not -for -profit organizations are not barred from receiving reimbursement of transportation enhancement activities funds for the purpose of acquiring real property rights. In addition, private not -for -profit organizations may take title to real property purchased with transportation enhancement activities funds, providing binding language in an appropriate document: a) requires continued use of the property as was proposed in the approved application; and b) provides for appropriate reversion of the property or repayment of public funds in the event that such use ceases. Property purchased with transportation enhancement activities funds may be vested in an agency of the federal government to accomplish the purpose of the project, and this will not bar FHWA participation. Situations where real property rights are purchased by a private not -for - profit agency first and then re -sold to a public agency with transportation enhancement activities reimbursement do not automatically disqualify the transactions from FHWA participation. There should be some assurance in these cases that the serial transaction format was not undertaken in collusion between the two agencies to circumvent the requirements of the Uniform Act. Short of evidence of collusion or circumvention these transactions will not be barred from FHWA participation. In the event that the private, not -for -profit agency: a) Purchased the property rights prior to the award of enhancement funds, and f b) Seems to be making a financial gain on the property or has been using the property for some period of time in the same use as is proposed in the transportation enhancement activities application, the facts should be reviewed as early as possible with the Caltrans District Local Assistance Engineer and Right of Way Local Assistance Coordinator. Situations where there is a coordinated plan for more than one agency to acquire substantially all of the properties contained in an area should be reviewed as early as possible with the Caltrans District Local Assistance Engineer and Right of Way Local Assistance Coordinator. If the proposed project is for a scenic viewshed or other type of land preservation purpose, the issue of possible dollar savings should be investigated. Sometimes the proposed project can be satisfactorily carried out if a scenic easement is acquired rather than full fee title,. The amount of cost savings should be justified. For example, the continuation of livestock grazing land use may be compatible with the preservation of a scenic viewshed. Thus acquiring development rights from the property owner in the form of restrictive easement deed clauses, while allowing the owner to retain ownership rights with. Draft RTPA TEA'Guidelines Page 18 13 January 1999 035 permitted continuation of the existing limited agricultural usage is a proper application of the scenic easement concept. When development will occur in the project, starting the right of way phase obligates the agency to begin construction within ten years of the federal approval date. Construction - What is included/ What is excluded The construction phase includes advertising the project, awarding the contract and performing construction. See the Local Assistance Procedures Manual. The local agency shall inspect project work to ensure compliance with the contract, and must provide a Resident Engineer who is a full-time public employee. A consultant on retainer as City or County Engineer is considered to be a full-time public employee. Involving other organizations in the construction does not absolve administering agencies from complying with federal regulations such as for sole source contracts, prevailing wage, or disadvantaged business enterprise, as described in the Local Assistance Procedures Manual. For construction, the contractor is to be chosen through a competitive bidding process. Otherwise, the administrating agency must justify using its own workforce or doing the work by "sole source". A comparison must be made between: a) doing work by the agency's own forces [or sole -sourcing the work to the partner], and b) by contracting out. Section 108 (h) and Section 109 (h) of Title 23 encourages states to use youth conservation or service corps to enter into contracts and cooperative agreements to perform "appropriate transportation enhancement projects" as well as the "construction and maintenance of recreational trails." California Conservation Corps districts and Local Certified Conservation Corps are located throughout the state and applicants are encouraged to use them for construction work that does not require heavy equipment. This might include clearing and grubbing, planting and irrigation, and building rock walls. -3 Draft RTPA TEA Guidelines Page 19 13 January 1999 036 Section C - Competition and Approval Process Local projects compete for funding at the regional level (Regional Transportation Planning Agency). Selected projects are programmed into the Local Assistance budget, and subsequently approved by Federal Highway Administration and Federal Transit Administration in the Federal State Transportation Improvement Program (FSTIP). The California State Legislature approves the local assistance budget annually, and the overall funding — but not the project -by -project funding — is allocated by the California Transportation Commission for administration at the project level by Caltrans. Eligibility Check Regional Transportation Planning Agencies must have Caltrans check all projects for eligibility, preferably, before they are programmed into the Transportation Improvement Program. All of the screening requirements must be met, where applicable. If a proposal meets all of the applicable criteria, it is eligible for consideration; if not, it will be dropped at this point. The screening requirements fall into seven groups: 1. Transportation Enhancement (does it meet the three primary requirements?) 2. Consistency with land use and transportation plans 3. Financial viability of the agency and the project 4. Project specific requirements - well-defined scope and schedule 5. Air Quality - no significant unmitigatible impacts 6. Americans with Disabilities Act (ADA) consistency, and 7. Secretary of the Interior's Standards and guidelines for Archeology and Historic Preservation and Secretary of the Interior's Standards for Treatment of Historic Properties. Approval at the Federal Level Each Regional Transportation Planning Agency programs TEA projects into the Regional Transportation Improvement Program (RTIP). The RTIP projects are then approved by the Federal Highway Administration and the Federal Transit Administration in the Federal State Transportation Improvement Programs-- --� (FSTIP). Draft RTPA TEA Guidelines Page 21 1, 4 13 January 1999 038 Section D - Project Administration/ Implementation The Administering Agency implements the transportation enhancement activity project after the date it is approved for inclusion in the Federal State Transportation Improvement Program (FSTIP). The following procedures are a very brief overview of the procedures described in the Caltrans Local Assistance Procedures Manual, available on the internet at www.dot.ca..gov/hq/LocalPrograms/public.htm. It is imperative for applicants to be familiar with these procedures and to be prepared to initiate and complete each project phase in accordance with federal and state laws and regulations, as extensive Caltrans oversight is not available. References are made in the following text to the Manual. Implementation — A Phased Process Administration agencies must receive Authorization to Proceed before reimbursable work can begin in each phase (Chapter 3, "Project Authorization"). Enhancement projects have up to three phases; not all projects include all phases: 1. Preliminary engineering, 2) Right of way [acquisition], and 3) Construction. The administering agency has one primary contact at Caltrans, a Local Assistance Engineer at the district where the project resides. Briefly, the administering agency follows the Local Assistance Procedures Manual and works with the Local Assistance Engineer to fulfill these responsibilities: + Complete field review form, Chapter 7 "Field Review" + Execute agreements with Caltrans, Chapter 4 "Agreement' + Comply with all applicable federal, state, and local laws, rules and regulations, including environmental requirements in executing the project, Chapter 6 "Environmental Procedures", and + Submit final reconciliation invoice and report (Chapter 17 "Project Completion" Draft RTPA TEA Guidelines 13 January 1999 155 Page 23 040 Preliminary En_gineerina Phase - Environmental Documentation TEA projects must meet the requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) and all other relevant federal environmental requirements. The District Local Assistance Engineer will coordinate the administering agency's early and ongoing contact with the Caltrans District Environmental Branch. The administering agency should complete the Preliminary Environmental Study form prior to contacting the. Local Assistance Engineer about environmental documentation (Chapter 6, "Environmental Procedures"). The administering agency must comply with NEPA and other federal environmental requirements for all federal -aid projects. The other requirements include: + Each enhancement project must be evaluated to determine if Section 4(f) applies. Specific documentation and procedural requirements involving FHWA and other federal agencies must be followed. Section 4(f) of the Department of Transportation Act of 1966 applies when a proposed project will result in the use of land in a publicly owned park, recreation area, or wildlife and waterfowl refuge, or any significant historic site. Such a use may not occur unless there is adequate documentation that there is no prudent and feasible alternative to the use of the land in the property, and the action includes all possible planning to minimize harm to the property resulting from such use. + The administering agency will be responsible for assessing the potential for impact. Section 7 of the Endangered Species Act of 1973 requires federal agencies to consult with the U.S. Fish and Wildlife Service (National Marine Fisheries Service, if applicable) if a federally -funded project may affect a listed endangered species or critical habitat of an endangered species. + The administering agency will be responsible for preparing any documentation necessary to fulfill these requirements. Section 106 of the National Historic Act of 1966 provides authority for the protection of historic and cultural properties. Section 106 requires federal agencies to take into account the effects of any federally -funded project on National Register listed or eligible properties and consult with the State Historic Preservation Officer and the Advisory Council on Historic Preservation as appropriate pursuant to Title 36 Code of Federal Regulations 800. The "106" process can be completed in two months to two years or more, depending on the type of project, impact on the historic property and mitigation measures required to protect the historic property. + The administering agency is required to delineate wetlands, identify impacts and evaluate avoidance alternatives in the environmental phase of Draft RTPA TEA Guidelines Page 24 13 January 1999 156' 041 project development. Executive Order 11990, "Protection of Wetlands", May 24, 1977 requires federal agencies to make a wetlands finding which determines whether or not there is a practicable alternative to construction located in wetlands, whether all practicable measures to minimize harm to the wetlands have been included in the federal action, taking into account all economic, environmental, and other pertinent factors that have a bearing on practicability. The administering agency is required to obtain a 404 permit prior to advertisement for construction. This law and the Section 404 permit program of the Clean Water Act of 1977 play an important part in the preliminary engineering phase. Timing of the field review should be arranged usually in late winter, spring, or early summer to identify wetlands plant species. + If a project encroaches into the floodplain, the administering agency is responsible for all studies necessary to support a finding, if necessary. Executive Order 11991, Floodplain Management, May 24, 1977 applies to projects in the floodplain. It requires that FHWA make a "Only Practicable Alternative Finding" if a federally funded project will encroach upon the base (100-year) floodplain. + The administering agency will be required to prepare any other studies necessary to comply with any other federal statutes or executive orders commensurate with the anticipated impacts of the project. Required mitigation and permits will be incorporated into the final construction documents (plans, specifications and estimate). See Chapter 6 "Environmental Procedures". Preliminary En_gineerin_g - Construction Documents - Design Standards & Reviews Instructions for preparing project construction documents are contained in Chapter 12 "Plans, Specifications and Estimates' in the Caltrans Local Assistance Procedures Manual. As a minimum, transportation enhancement activities will use American Association of State Highway and Transportation Officials (AASHTO) standards where applicable, Caltrans standards for bikeways or when an encroachment permit is required on a Caltrans facility, and the California Uniform Building Code whenever it applies. The Caltrans Highway Design Manual, which contains bikeway design standards, is available on the internet at www.dot.ca.gov/hq/oppd/hdm/hdmtoc.htm. Draft RTPA TEA Guidelines Page 25 157 13 January 1999 042 Right of Way (Acquisition) Phase The administering agency should contact Caltrans District Local Assistance prior to any right of way activities. Violation of right of way provisions can jeopardize federal funds for acquisition and construction. Whenever federal funds will be used in any phase of the project, the acquisition of real property is subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, no matter if carried out by private parties or by federal, state or local agencies. When the acquisition of real property qualifies for the voluntary sale provisions of the Act, no relocation assistance payments are to be provided to the grantor(s) being displaced from the property because of the project. Tenants being displaced because of the project are entitled to all relocation assistance benefits under the Act. Grantor(s) being displaced from the property due to the project are entitled to all relocation assistance benefits under the Act, when the acquisition does not meet the requirements for a voluntary sale. Administering agencies should allow three weeks for acquisition checks to be put into escrow. The program supplemental agreement must give Caltrans the authority to pay into escrow, and indicate to whom the check should be made payable. Construction Phase The construction phase steps generally include: + Authorization to Proceed, Chapter 15 "Advertise and Award Project" + Project advertising, Chapter 15 "Advertise and Award Project' + Bid opening, Chapter 15 "Advertise and Award Project' + Award, Chapter 15 "Advertise and Award Project' + Daily reporting, Chapter 16 "Administer Construction Contracts" + Labor compliance, Chapter 16 "Administer Construction Contracts" + Contract change orders, Chapter 16 "Administer Construction Contracts" and + Project completion and final invoicing, Chapter 17 "Project Completion". Agreements Before funds can be reimbursed, the administering agency and Caltrans sign a master agreement and program supplemental agreement. The master agreement is a "blanket agreement" under which program supplemental agreements are executed specifically for each project. See Chapter 4 "Agreements" in the Local Assistance Procedures Manual. 158 Draft RTPA TEA Guidelines 13 January 1999 Page 26 043 The agreements are to ensure compliance with federal and state requirements. The master agreement includes the mechanisms whereby the administering agency refunds federal moneys to the state, should the agency and its consultants and contractors not be in compliance with these federal regulations and maintenance provisions. Under -Expenditures and Over -Expenditures The federal cost programmed into the Local Assistance budget is a fixed amount. In general, cost increases must be covered with local funds. Project cost changes can be expected due to environmental or design decisions, from contractor's bidding, or during construction. If project costs exceed the amount programmed, the administering agency has at least one of the following options: + Fund the additional cost with available local resources, + Change the scope of the project to fit within the funding programmed (subject to the Federal Highway Administration, Regional Transportation Planning Agency and/or Commission and Caltrans approval), + Fund the additional cost in one project phase with identified savings from another project phase, + Re -advertise the project for new contractor bids, + Request additional funding from the Regional Transportation Planning Agency, or + Drop the project as no longer cost effective. Caltrans approves minor changes in project scope or shift of funding between project phases. The Regional Transportation Planning also must approve any additional federal or state funding or substantive change in project scope. The Commission, Caltrans and the Regional Transportation Planning Agencies encourage cost savings on projects to conserve funding so that more future projects can be funded in the program. Savings are retained in the Region in which they occur. Audits and Records Retention The State may perform financial and compliance audits on administering agencies' expenditures. See Chapter 5 "Accounting/Invoices" in the Local Assistance Procedures Manual. Audits can establish that dollars must be.paid back by the administering agency. Draft RTPA TEA Guidelines 13 January 1999 Page 27 I59 4 L Audits are also performed on nonprofit institutions receiving federal funds from an administering agency. Consultants must agree to give access and assistance to state and federal auditors. I n voicing For reimbursement, the administering agency submits monthly progress payment invoices for work completed on its letterhead to Caltrans Headquarters Local Assistance. As an option, the agency may wait and request full payment with a Final Invoice upon notification of project completi;., �. See Chapter 5 "Accounting/Invoices" in the Local Assistance Procedures Manual. Ribbon -Cutting Administering agencies are encouraged to have ribbon -cutting ceremonies with public officials in attendance, to acknowledge funding sources and promote the community benefits of the transportation enhancement project. For more information, contact Marsha Mason, Caltrans TEA, at 916-654-5275. Maintenance and Monitoring Administering agencies are generally responsible for maintaining projects into the future. The agency pays for the maintenance effort unless subsequent agreement specifies otherwise. Maintenance costs are not eligible for enhancement funding. Failure of an administering agency to maintain a project can result in Caltrans withholding approval for other federal -aid projects until the project is put back in proper condition. Draft RTPA TEA 'Guidelines 13 January 1999 Page 28 lAn 045 T-iht 4 4 Qum& COUNCIL/RDA MEETING DATE: November 2, 1999 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion Regarding the Art in Public PUBLIC HEARING: Places Ordinance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: A change in the Art in Public Places Ordinance may necessitate a change in the amount of funds collected through development projects for the Art in Public Places program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 19, 1989 City Council meeting, the concept of an Art in Public Places program was discussed, as provided in Attachment 1. At the June 5, 1990 City Council meeting, the City Council adopted the Art in Public Places Ordinance with an allocation of $50,000 for this program in Fiscal Year 1990/91, as provided in Attachment 2. On March 17, 1992, changes to the Art in Public Places Ordinance were adopted as listed in Attachment 3. On December 5, 1995, the Art in Public Places Committee was changed to the Art in Public Places Commission, as provided in Attachment 4. The Master Art Plan for the City of La Quinta was adopted by the City Council on October 17, 1995, as provided in Attachment 5. The Master Art Plan provides the guidelines for the public art program. On May 5, 1998, the Art in Public Places Commission was merged with the Cultural Commission to form the Cultural Arts Commission, as provided in Attachment 6. 161 Attachment 7 is the financial record of revenue and expenditures of the Art in Public Places Account, from its inception through September 1999. Attachment 8 is a breakdown of the revenue generated by residential and commercial development, through September 1999. The Art in Public Places fees charged to commercial, industrial and non-residential development within the City are equal to the greater of: one-half of one percent of the project cost; or twenty dollars. All residential structures whose project cost is in excess of one hundred thousand dollars are charged a fee equal to the greater of: one fourth of one percent for that portion of the project cost in excess of one hundred thousand dollars; or twenty dollars. Fees are collected at the time of issuance of a building permit, except in the case of residential developments of more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, which ever occurs first. Expenditures of the Art in Public Places funds may include the following: • The cost of the artwork and its installation • The cost of purchase or lease of art sites • Waterworks, landscaping, lighting and other objects which are an integral part of the artwork • Frames, mats, pedestals, and other objects necessary for the proper presentation of the artwork • Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork • Expenditures for maintenance and repair of artwork • Administrative expenses to implement any provision of the Art in Public Places Ordinance, however, administrative expenses may not exceed five percent of the total funds in the account as of July 1 of any year nor twenty five thousand dollars in any fiscal year. The Art in Public Places funds must be committed for a use as specified in the Ordinance within two years of their collection. If the funds are not comm.itted, the fees in the Art in Public Places fund shall be distributed to the person or entity who has paid the fees. As of this date, all funds collected beyond the two year period have been committed to a specific use as permitted. Respectfully submitted, 162 Dodie'Horvitz, Com ni�-<Services Director O S:\Community Services\ eports\CC.018.wpd �" Attachments: 1. 2. 3. 4. 5. 6. 7. 8. Approved for submission by: Thomas P. Genovese, City Manager City Council Minutes from December 19, 1989 City Council Minutes from June 5, 1990 Ordinance 203 Ordinance 277 Master Art Plan Ordinance 317 September 1999 Art in Public Places Financial Report Art in Public Places Collection Record 163 U0 j S:\Community Services\CCReports\CC.018.wpd ATTACHMENT 1 City Council Minutes Page 6 December 19, 1989 BUSINESS SESSION 1. REPORT OF COMMUNITY SERVICES COMMISSION REGARDING LA QUINTA CIVIC ART PURCHASE AWARD PROGRAM. Mrs. Mendoza, Community Services Commissioner, addressed the Council advising that the Commission has recommended that the Council authorize $5,000 for the purchase of art for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of either the City Council or City Staff joining that Committee; and further that, this be an on -going, annual program. Mrs. Mendoza advised that the Commission is discussing an Art in Public Places Program and have formed a sub -committee made of up the two Commissioners assigned to the Fine Arts Committee and two members of the La Quinta Arts Foundation and two staff members. They have been meeting and studying ordinances adopted by other cities to formulate a proposal which can be presented to the City Council for consideration Council Member Bohnenberger supported the recommendation noting that we are an arts -oriented community and we should be purchasing art for display in public places. He hoped that this is the first step in a long range program of establishing developers fees or setting up awards that various developers could support, i.e. "Sunrise Award" or "Landmark Award", which would be on display at City Hall for a certain length of time. He recommended one change to the recommendation, that it be a committee of a representative of the City Council, City Staff, and Community Services Commission to sit on the judging panel with the La Quinta Arts Foundation. MOTION - It was moved by Council Members Bohnenberger/Sniff that the recommendation of the Community Services Commission be approved and that $5,000 be allocated from the Contingency Account for purchase of art at the 1990 Arts Festival for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of the City Council, City Staff and Community Services Commission serving on the committee with the Foundation and that it be an on -going, annual program. Motion carried unanimously. MINUTE ORDER NO. 89-143. 2. R PT OF PETITION TO FORM COMMUNITY FACILITIES RICT NO. 89-4 - AN DEVELOPMENT CO. Mr. Genovese, 't. City Manager, no that the City Council has previously au ized the re ' t of funds for the payment of technical services nec ry the formation of a Mello -Roos Community Facilities Dis on Highway 111. More specifically., this boundary will be om the terly City boundary, to Adams, north of Highwa 11 and south he Whitewater Channel. The petition has b received and he antics ed that within 40 days there wi e a resolution initiating t roceeding with the proses eing concluded in approximately six mont s. 164 W;, -x City Council Minutes Page 2 ATTACHMENT 2 June 5, 1990 In response to Council Member Bohnenberger, Mr. Sawa advised at the City's current ordinance requires irrigation during g ding and then the area not to be developed immedi tely has to be planted with a ground cover following gr ding. They re not generally required to irrigate the groun cover once i 's established. STAN MO ISON, 4860 Irvine Boulevard, Irvine, ngineer for the prof t advised that they agree with all of the co recommended nditions. The Mayor dec red the public hearing OPEN There being no ne wishing to speak, the earing was CLOSED. MOTION - It was owed by Council Me ers Sniff/Bohnenberger to take up Ordinanc No. 172 by tit1 and number only and that further rea -ng be wai ed. Motion carried unanimously. ORDINANCE NO. 172 AN ORDINANCE OF THE CITY CO IL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ICIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PROPERTY EF RED TO IN CHANGE OF ZONE NO. 90-053. It was moved by C ncil Memb s Sniff/Bohnenberger that Ordinance No. 172 be ntroduced on first reading. Motion carried by the foll ing vote: AYES: Council embers Bohnenberger, ushworth, Sniff, Mayor na NOES: None ABSTAIN: None ABSENT: Cou cil Member. Bosworth RESOLUTI OILY NO . 9 0 - 4 2 A RESO TION OF THE CITY COUNCIL OF THE CITY O�,,LAQUINTA, CALIFO IA, ANNOUNCING FINDINGS, CONFIRTHE ENVI NMENTAL ANALYSIS AND GRANTING APPROVAL ATIVE TRA MAP 26016 TO ALLOW A CUSTOM HOME SUBDIVION A 5. ACRE SITE. was moved by Council Members Sniff/Bohnenberger at solution No. 90-42 be adopted. Motion carried unanimous`y. 2. PUBLIC HEARING ON AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65 ADOPTING AN ART IN PUBLIC PLACES PROGRAM AND ADOPTING A DEVELOPER'S FEE AS A FUNDING MECHANISM. Mrs. Juhola advised that the Council discussed this ordinance in Study Session and reviewed the minor changes �� that were made in the ordinance. P)r� City Council Minutes Page 3 June 5, 1990 Ms. Honeywell advised that with regard to insurance, if the art work is on City property, the City would have to determine whether or not to insure it and what kind of coverage. Without having the art work, it's difficult to get a quote from an insurance company as to what the cost would be. If a developer purchases a piece of art and places it in an area visible to the public, then they would have to decide whether or not to insure it. Council Member Bohnenberger stated that the Council had concurred on placing a cap of $50,000 on commercial development. Council concurred. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. In response to Council Member Bohnenberger, Ms. Honeywell advised that she will redefine "low -moderate housing" for the ordinance and insert it. Council Member Bohnenberger suggested budgeting $50,000 in seed money for this program. MOTION - It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be taken up by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be introduced on first reading as amended and allocation of $50,000 for this program in 1990/91. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth WRITTEN COMMUNICATIONS- None _16 6 uu7 ATTACHMENT 3 ORDINANCE 203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE "ART IN PUBLIC PLACES". The City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 2.65.030.F. of the La Quinta Municipal Code is hereby amended to read as follows: F . "Projects" means all construction or rehabilitation in the City covered by a single building permit. " SECTION 2. Section 2.65.030.G. of the La Quinta Municipal Code is amended as follows: G . "Project Costs" means the value of the improvements for a project based upon the building permit valuation submitted. SECTION 3. Section 2.65.060.A. of the La Quinta Municipal Code is hereby amended to read as follows: A. Requirements. The requirement of this Chapter shall apply to all works of construction or rehabilitation for which a building permit As applied for within the City which constitutes or include the following activities and which are not subject to the exceptions set forth in Subsection B of this Section; SECTION 4. Section 2.65.60.A.1 of the La Quinta Municipal Code is hereby amended to read as follows: 1. New commercial and industrial construction. SECTION 5. Section 2.65.090. C . 2. of the La Quinta Municipal Code is hereby amended to read as follows: 2. $20.00. SECTION 6. The effective date this Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. _ ORDDRFT.013 1 1 C UU8 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 17th day of March , 1992, by the following vote: AYES: Council Members Bohnenberaer, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None ATTEST: AUNDRA L. JU A, City Clerk City of La Quinta, California ).w.1 ff "e ( t tf c-Y DAWN HONEYWELL, City Attorney City of La Quinta, California ORDDRFT.013 2 JOHN-lYPERXiffilayor City of La Quinta, California It] M STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 203 which was introduced on the 3rd day of March 1992, and adopted on the 17th day of March 1992, not being less than five days after the introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a re ution of the City Council. f SAUNDRA L. JUH A, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the city of La Quinta, California, do hereby certify that the foregoing Ordinance was I ed on March 25 1992 pursuant to City Council Resolution. ;;��SAUNDRA L. JU OLA, City Clerk City of La Quinta, California ATTACHMENT 4 - ORDINANCE 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE MUNICIPAL CODE -CHAPTER 2.65 "ART IN PUBLIC PLACES" The City Council of the City of La Quinta, California does ordain as follows: SECTION 1. Chapter 2.65 of the La Quinta Municipal Code is hereby amended to read as set forth in Exhibit "A", attached hereto and made part of. SECTION 2.EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 5th day of December, 1995, by the following vote: jP AYES: Council Members Adolph, Perkins, Sniff, Mayor Bangerter (One Vacancy) NOES: None ABSENT: None ABSTAIN: None NDA BANGERTE ayor City of La Quinta, California W SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California ORDDRn.054 _ Ulf Ordinance 277 DAWN HONEYWELL, 6ty Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 277 which was introduced on the 21st day of November, 1995 and was adopted at a regular meeting held on the 5th day of December, 1995 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within,the City of La uinta as specified in a resolution of the City Council. AUNDRA L. JUH LA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 14, 1995 pursuant to City Council SAUNDRA L. JVIOLA, City Clerk City of La Quinta, California ORDDRFr.054 Ord 277 2.65.010 Chapter 2.65 ART IN PUBLIC PLACES Section: 2.65.010 Intent and purpose. 2.65.020 Findings 265.030 Definitions. 2.65.040 Formation and functions of the Art in Public Place Commission 2.65.050 Requirement to provide art work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirements. 2.65.0707 Processing of arts application. 2.65.080 Regulations for art work. 2.65.090 Development fee. 2.65.100 Credits --Agreements as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and administration of this chapter. 2.65.010 Intent and purpose. A. This chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resources Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people's bodies and spirits." Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. C. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. D. Therefore the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require acquisition and installation of public art works as provided in this chapter. (Ord. 173 § 1 (part), 1990) LQ-APP.95 17�' 2.65.010 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of art works through the Art in Public Places Program and the projects on which the fees provided by this chapter shall be imposed because: 1. Art works will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, make the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the developments of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the art works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be a direct and proportionate relationship between the size of the development and the quantity or quality of art work which can b e purchased from the fees generated by the development upon which the fees shall be imposed. (Ord. 173 § 1 (part), 1990) 2.65030 Definitions As used in this chapter: A "Arts application" means the application to be submitted by a project applicant pursuant to Section 2.65.070. B. "Art in Public Places Fund" means the fund established by Section 2.65.110. C. "Art site" means any site, upon which the art work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art work" means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by this chapter. F. "Projects" means all construction or rehabilitation in the City covered by a single building permit. G. "Project costs" means the value of the improvements for a project based upon the building permit valuation submitted. (Ord. 203 §§ 1, 2, 1992; Ord. 173 § 1 (part), 1990) 2.65.040 Formation and functions of the Art in Public Places Commission. A. Commission Composition and Selection. The City Council establishes an Art in Public Places Commission (the "" "Commission") composed of three members of the La Quinta Arts Foundation nominated by the La Quinta Arts Foundation, and four at -large members appointed directly by the City Council from the community. The Commission will be composed of seven LQ-APP.95 4 Ui=I Ord 277 2.65.010 members. The Commission will be confirmed and appointed by the City Council. The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places Program and carry out the other functions described in this chapter. B. Term of Commission. The Commission members will serve for staggered two-year terms beginning on July 1 st of every other year, commencing July 1, 1990. Initially two members will serve two-year terms, one for three years and two for one year. C. Commission Functions. The primary function of the Commission will be to prepare an Art in Public Places Plan for recommendation for adoption by the City Council and the implementation of such plan by the City Council. To the extent possible, the plan shall identify art sites, art work and estimates of cost for the art work and art sites. In implementation of the plan, the Commission shall undertake the following tasks: 1. The Commission will be responsible for selecting art works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080; 2. The Commission will work with City staff to develop a list of possible art sites; 3. The Commission will seek ways of procuring public art other than through fees such as endowments, donations, loan programs, trusts and similar means of support; 4. The Commission will recommend to the City Council agreements for the purchase of commissioning of art works, the purchase or lease of art sits and agreements for the purchase and display of art work or the repair, maintenance or servicing of art work; 5. The Commission will meet monthly and will elect officers at its first meeting in July. Officers of the Commission will consist of chairperson and vice -chairperson. The Commission may adopt bylaws relating to the implementation of their work under this chapter. (Ord. 247 § 1, 1994; Ord. 230 § 1, 1993; Ord. 226 § 1, 1993; Ord. 173 § 1 (part), 1990) If 2.65.050 Requirement to provide art work or pay development fee. When a project is subject to the requirements of this chapter pursuant to Section 2.65.060, the project applicant shall pay a development fee, as described in Subsection A of this section, or shall comply with the provisions of Subsection B of this section. Project applicants shall indicate on their Art in Public Places application whether the project applicant will comply with Subsections A or B of this section. A Development Fees. The project applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the project. B. Provision of Art Work. In -lieu of paying the development fee as required by Subsection A of this section, the project applicant may acquire and install an art work on an art site on or in the vicinity of the project site pursuant to Section 2.65.100 of this chapter. As a guide, the cost or value of such art work should approximate the amount of the fee that would be paid under Subsection A of this section. The project applicant shall receive credit for the fee required by Subsection A of this section only in the actual amount of the cost of value of art work acquired and installed, plus costs of installation. Only project applicants liable for a fee pursuant to Subsection A of this section that is in excess of five thousand dollars shall be permitted to elect to provide an art work pursuant to this LQ-APP.95 174 2.65.010 subsection unless such project applicant proposes to furnish art work in excess of the amount of such fee and in a minimum amount of five thousand dollars. (Ord. 173 § 1 (part), 1990) 2.65.060 Projects subject to Art in Public Places Program requirements. A Requirements. The requirements of this. chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitutes or includes the following activities and which are not subject to the exceptions set forth in Subsection B of this section: a. New commercial and industrial construction; 2. Remodeling, repair or reconstruction of existing commercial or industrial property having project costs which exceed one hundred thousand dollars in expenditures; 3. Residential subdivision or development of two units or more, whether by detached single- family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having project costs exceeding one hundred thousand dollars; 4. Individual residential units (defined as not more than one single-family dwelling which is to be constructed on an individual lot or parcel) having project costs of more than one hundred thousand dollars. B. Exceptions. The requirements of this chapter shall not apply to the following activities: 1. Public projects; 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity; 3. Nonprofit social service or cultural institution projects; J. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. (Ord. 203 §§ 3, 4, 1992; Ord. 173 § 1 (part), 1990) 2.65.070 Processing of arts application. The requirements and procedures for the processing of Art in Public Places application (an arts application) shall be as follows: A Upon submission of a project application for a project subject to the requirements of this chapter, the Community Development Department shall provide to the project applicant a copy of the ordinance codified in this chapter and an arts application form; B. The project applicant shall submit to the Community Development Department a completed arts application form, describing the manner in which the project applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.040(B), a complete description of the art work, the artist creating the art work, a copy of the contract for commissioning or purchasing the art work, if any, the cost or estimated cost of the art work and installation, the agreement or means by which the project applicant will meet the requirements of Section 2.65.100 of this chapter, and a site plan showing the location of the art work, complete with landscaping, lighting and other appropriate accessories to complement and protect the art work; I.Q-"P.95 175 u1G Ord 277 2.65.010 C. The Community Development Department shall, upon receipt of the arts application, submit the arts application to the Commission. D. The Commission shall, within thirty days from the date of submittal of the application by the Community Development Department, submit to the City Council comments and a recommendation on the proposed arts application, based upon the guidelines set forth in Section 2.65.080; E. The arts application shall then be submitted to the City Council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord 173 § 1 (part), 1990) 2.65.080 Regulations for art work. A. Guidelines. Guidelines for the approval of art work shall include, but are not limited to, the following criteria: a. The art work shall be easily visible and accessible to the public 2. The composition of the art work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the art work; 3. The art work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the art site and surrounding environment; 4. The art work, shall be designed and constructed by persons experienced in the production of such art work and recognized by critics and by his or her peers as one who produce works of art; 5. The art work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as art works: 1. Art objects which are mass produced from a standard design; 2. Reproductions of original art works; 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the art work; 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the art work as created by the artist; 5. Services or utilities necessary to operate or maintain the art work. C. Use and Maintenance of Art Work. Art work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such art work at its discretion, subject to any agreement with artists or otherwise relating to any specific art work. The art works acquired and installed by a project applicant for which credit for the fee required by Section 2.65.040 is given pursuant to Section 2.65.100 of this chapter shall be the property of and maintained by the project applicant, except to Section 2.65.100 of this chapter shall be the property of and maintained by the project applicant, except to the extent the City has rights in or to the art work or the display thereof pursuant to the agreement with the project applicant entered into pursuant to Section 2.65100. Alternatively, art work acquired by the project applicant in lieu of the fee may be donated to the City to be maintained by the City. (Ord. 173 § 1 (part), 1990) LQ-APP.95 176 01,4" 2.65.010 2.65.090 Development fee. There will be, and there is hereby established, an Art in Public Places fee ( referred to occasionally in this chapter as the "fee" or "fees") to be collected as follows: A Fees are to be collected with respect to all projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collect on a pro rats basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. The Director of the Community Development Department, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect the fees; B. All residential structures whose project costs is in excess of one hundred thousand dollars will be charged a fee hereunder equal to the greater of: 1. 1/4 of one percent for that portion of project cost in excess of one hundred thousand dollars, or 2. Twenty dollars; C. All commercial developments, industrial developments and nonresidential development within the City will be charged a fee hereunder equal to the greater of: 1. '/2 of one percent of the project costs, or 2. Twenty dollars; D. The fees will be collected prior to the issuance of any building permit commencing on the date the ordinance codified in this chapter becomes effective. (Ord. 203 § 5, 1992; Ord. 173 § 1 (part), 1990) 2.65.100 Credits -Agreements as to particular projects. ' A. A project applicant may apply for a credit against the fee otherwise required to be paid by the project applicant under Section 2.65.050 of this chapter, of one hundred percent of the cost of an art work and costs of installation for including an art work in an art site subject to this chapter, provided that such work shall be approved by the Commission, and the project shall enter into a written agreement with the City providing that the art work shall be installed, maintained and open to public view at reasonable hours for a minimum period of twenty-five years after installation. The written agreement may be extended by the City for ten year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this chapter, in whole or in part, with respect to any project otherwise subject to the provisions of this chapter, provided that the City Council determines that the project applicant has entered into an agreement with the City making provision for the acquisition and installation of art works in connection with the development of the project which addresses the goals and aims of this chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this chapter. (Ord. 173 § 1 (part), 1990) 2.65.110 Art in Public Places Fund. A Accounting. The fees imposed pursuant to Section 2.65.090 of this chapter and any other monies collected in accordance with provisions of this chapter shall be deposited in a separate LQ-APP.95 173�s Ord 277 2.65.010 account, entitled the "Art in Public Place Fund." The City Manager or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other monies of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection B. B. Use of Fund. Expenditures of the fees collected in the Art in Public Places Fund may include the following: 1. The cost of art work and its installation; 2. The cost of purchase or lease or art sites; 3. Water works, landscaping, lighting and other objects which are an integral part of the art work; 4. Frames, mats, pedestals and other objects necessary for the proper presentation of the art work; 5. Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the art work; 6. Expenditures for maintenance and repair of art work; 7. Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1 of any year nor twenty-five thousand dollars in any fiscal year. D. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expended as set forth in subsection B of this section and for art exhibitions or displays as approved by the City Council E. Replacement. For those art works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing art works for replacement art works. Any funds obtained from the sale of art work shall be credited to the Art in Public Places Fund. Art work owned privately and on display by in -lieu agreement may be exchanged with City Council approval or the original fee paid to the Art in Public Places Fund. F. Reimbursement. In the event fees have not been committed for a use as specified in Subsection B within two years of their collection, the fees in the Art in Public Places Fund shall be distributed by the Director of the Community Development Department to the person or entity who has paid the fees or in any other manner permitted by law. (Ord. 173 § 1 (part), 1990) 2.65.120 Implementation and administration of this chapter. The City may enter into agreements, upon recommendation of the Commission or otherwise, for the purchase or commissioning of artworks, the purchase and the lease of art sites, for insuring art works, for the display of art works on art sites not owned by the City, for installation of art work or the repair, maintenance of servicing thereof and for or relating to all other matters necessary or appropriate to implement the Art in Public Places Program. LQ-APP.95 178 v�� 7 ATTACHMENT 5 MASTER ART PLAN A PUBLIC ART PLAN FOR THE CITY OF LA Q UINTA A Project of the Art in Public Places Commission Present Members John Walling, Chairman Nancy Nard Carolyn Lair Rosita Shamis Sharon Kennedy Elaine Reynolds Michelle Klein Past Members Kay Wolff Meg Robertson Kathleen Smith -Schooley Kathryn B. Hull Lia Gilbert Ron Kiedrowski Jerry Herman Under the Direction of the Community Development Department Jerry Herman, Director June, 1993 to June, 1995 ADOPTED BY THE CITY COUNCIL OCTOBER 17, 1995 lid TABLE OF CONTENTS 1.0 Introduction 1.1 Defining Public Art and its Purpose 1.2 History of Public Art in La Quinta 2.0 Guidelines 2.1 Goals of a Public Art Program 2.2 Artists' Rights 2.3 Local Versus Non -Local Artists 2.4 Managing Controversy 3.0 Administering a Public Art Program 3.1 Role of the City Council 3.2 Actualizing Public Art Projects 3.3 Dedication Procedures 3.4 Public Contacts and Involvement 3.5 Education 3.6 Notification and Orientation for Developers 3.7 Staff to Art in Public Places Commission 4.0 Art in Public Places Commission Selection 5.0 Funding a Public Art Program E 1 • 0 • • 1.0 INTRODUCTION The La Quinta Art in Public Places Ordinance (Chapter 2.65) defines "Public Art" as original creations of art which are shared by the people of the community, being easily visible and accessible. The ordinance further states, "This public art can include, but is not limited to sculpture, murals, mosaics, fountains, and paving designs." The stated goal of the Cultural Resources Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompasses those facilities and programs which refresh, enhance or re-create people's bodies and spirits." Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Programs is intended to achieve this purpose by providing visual art throughout the Citv The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, which attract thousands of visitors every year to view and • purchase art and crafts in the City. The public health, morals, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. Public art in La Quinta strives to break the traditional forms (monuments to ego or power, "plop-. art" afterthoughts) and yet not be faddish or transitory. Rather, the goal is to use a collaborative approach, involving the community, artist and developer, to create a "place" where people want to be and where there is an enriching visual experience. Public art is about having something in which to delight or by which to be surprised, something as simple as a creatively graded median, elegantly designed tree grates, or street signs which reflect what lies beyond. Public art also is about collaboration. Although not all projects successfully involve artist, architect, landscape designer, the most successful have done so. Equally invigorating is the collaboration among agencies, the public, and the designers toward a unique product. However, this product is not the result of each party contributing an add -on, but rather the result of a cooperative effort meeting common goals. Public art is also about the immediate. Those who create public art must respond to a unique set of circumstances at a specific time. Public art makes available to La Quinta residents artwork of the highest quality and addresses an audience both broad and heterogeneous, that will in turn, • enhance the quality of life in the City. APPDOC. 003 3 181 U1 -M The purpose of a Public Art Program is to foster change. Probably more important than the • change which comes from enhancing the quality of the environment, is changing human action and perception. As citizens become involved in the processes of public art, they become more responsive to their visual world and begin to accept more responsibility for it. With this responsibility comes a new awareness of what one ought to expect from the City and its planners. When exposed to more public art, the public response becomes more educated and more tolerant. I •� • 0 . K I • r.. There have always been locations in La Quinta which approximate the goals of an Art in Public Places Program. While not created by "artists," these locales achieve the uplifting powers which enhance our lives. Many of these are natural: vistas of our mountains, cove, clear skies, or waterlines which have made our community so attractive to residents and visitors. Others are archaeological: i.e., native American artifacts. Still others are modern constructions which create a unique ambiance, such as the La Quinta Hotel which is notable for its history, charm, and Spanish style architecture. To further enhance the quality of life in La Quinta, the City Council created the Art in Public Places Program. The ordinance was written under the direction of the Community Services Commission which invited representatives from neighboring cities to present the goals of their respective public art programs to the Commissioners. Subsequently, the Art in Public Places Ordinance was written, presented to the City Council and passed into law on June 19, 1990. • The City Council selected five Art in Public Places Commission Members who commenced regular meetings in January, 1991. On January 19, 1993, the Art in Public Places Commission recommended its first commissioned piece to the City Council to be placed in the Civic Center adjacent to the Council Chambers. The abstract sculpture entitled "Sun and Moonbeam" by artist Louis DeMartino, is designed to embody the natural physical beauty and spirit of the community. In 1993, the Commission was increased to seven members. 2.0 GUIDELINES 2.1.1. One goal of the La Quinta Public Art Program is to make available to the residents of La Quinta artwork of the highest quality and create a visual environment which will serve the City by: • Giving it identity by expressing the character and history of the community through the medium of the arts. • Enhancing its civic pride and prestige by developing a creative public environment • resulting from a partnership of architecture, art,. landscape, and nature, thereby creating neighborhood identity and cohesion. 14 APPDOC.003 4 U: 9 • Creating a more visually pleasing and humane environment and setting an example of pleasing, people responsive public spaces, thereby developing a stimulus for thinking and dialogue as a learning process. • Providing a means of cultural expression and cultural diversity expressed through public art, which will promote understanding and awareness of the visual arts and thus expanding the public's experiences with art. 2.1.2 The La Quinta Public Art Program will also serve the local economy by: • Enhancing the economic viability of the community. • Developing attractions for tourism. • Creating more jobs for artists and their suppliers. • Utilizing artists as problem solvers where creative, economical solutions are needed. • Contributing to the "quality of life" package for individuals and businesses contemplating locations. 2.1.3 The La Quinta Public Art Program will activate resources by: • Creating a collaboration between artists, architects, site planners, and citizens which builds bridges of understanding, tolerance, and appreciation. • Involving artists in the activities of the City, and utilizing their unique talents. • Bringing art into the building and planning process. • Discovering resources trade apparent by the arts. 2.2 Artists' Rights General policies regarding artists' rights are addressed in the La Quinta Art in Public Places Ordinance. Specific rights shall be incorporated into contractual agreements for actual artworks for the City, using the contract model in the appendix. Artworks acquired by expenditures from the Art in Public Places fund shall be the property of and maintained by the City. Artworks acquired and installed by the project applicant in lieu of payment of fees shall be the property of the project applicant or may be donated to the City. The following artists' rights shall be guaranteed: 2.2.1 The artists' art concepts and artworks shall not be altered, removed or moved from a location which is integral to the art concept without consultation with the artist. Should the City be unable to contact the artist to obtain such permission, such modifications may proceed with the recommendation. of the Art in Public Places Commission. • 2.2.2 Maintenance of public artworks and art places shall be the responsibility of the 1 8 3 owner, i.e., the City or developer. Maintenance shall be carried out in accordance with the artist's written instructions provided upon completion of the initial project. u,:4 APPDOC.003 5 a 2.2.3 While repairs and restoration shall be the responsibility of the owner, the City shall • contact the artist to ascertain if he/she wishes to collaborate in such work. The City/owner shall have the right to execute minor or emergency repairs without the consent of the artist, according to the artist's instructions. 2.2.4 The City may dispose of artwork subject to prior agreements. 2.2.5 Copyright of public artworks, art places, art concepts shall belong to the creator(s), but the City and/or the owner shall be granted in the contract the right to make two-dimensional reproductions for non-commercial purposes. 2.2.6 The artist shall have the right to supervise the work of a third party contracted for any construction or fabrication related to the artwork or art place. 2.2.7 Artwork installed for a minimum of 25 years may apply for an agreement to extend the contract for ten year increments. (See Art in Public Places Ordinance Chapter 2.65.100(A)) 2.2.8 The City may sell artworks purchased with City monies or donated to the City, with proceeds credited to the Art in Public Places fund. The City may exchange existing artworks for replacement artworks. Private artwork may be exchanged with "Council approval or the original fee paid to the Art in Public Places • Account". (See Art in Public Places Ordinance Chapter 2.65. 1 10(E).) REINIF • \•W • . It is recognized that the La Quinta Public Art Program is intended to benefit living artists and to provide local artists with a means of participating in the cultural life of their city. The program, while intended for local artists, shall not limit the opportunity for artists from other parts of the world to share their unique gifts with La Quinta. In the pursuit of artwork of the highest quality, interaction among artists with different perspectives and the exchange of artistic philosophies among different cities and states shall be encouraged. It is recognized that public art often is a "lightning rod" for controversy and that the Public"Art Program shall establish guidelines which help to manage it. Of greatest importance is having a mechanism for public involvement in public art projects, a means whereby those who live and/or work near the project somehow participate in the project. In order to manage controversy, programs and projects shall be. developed which give communities "territoriality" or ownership of their public art program such as: Community public art activities. • .184 Community representation on public art projects. APPDOC.003 6 U 14 J • Public education programs. • Media programs. • Artists -in -the -neighborhood programs. • Development of sites for community celebrations. • A public education program shall be initiated whereby artists become available to talk with the public, where new forms of art are discussed, the idea of collaboration and integration of the design arts are explored, and media campaigns are built to aid in the demystification of art, especially public art. Those responsible for naming selection panels shall take into consideration the fact that the project is for a public place, not a museum, and the public shall be involved. An open process must be established and maintained so that no surprises occur. The more that is shared about a project the more acceptance it will win. The goal of this plan is not to make the public like or enjoy what has been created, or to make artist selections by public vote, but to assure that all can accept the process of site, artist, and art selection as having been fair and collaborative. 3.0 ADMINISTERING A PUBLIC ART PROGRAM The La Quinta City Council shall be responsible for maintaining the Public Art Program as established by the Council. This shall include: • The appointment of citizens to the Art in Public Places Commission. • The appropriation of funds to the Public Art Program for the acquisition and installation of approved artworks, and to the maintenance of these works. • Monitoring and investing of funds designated for the Art in Public Places Program. • The approval of art projects as recommended by the Art in Public Places Commission, including the commissioning of artworks, the purchase or lease of art sites, and agreements for the purchase, display and disposition of artworks, and the repair, maintenance or servicing of artworks. • The issuance of contracts to selected and approved artists. • The expansion of opportunities for the City's citizens to experience public art and other projects resulting from the creative expression of its artists in public places of the City. • The arrangement for, and participation in, a public dedication of any acquired art piece. • The review of the Art in Public Places Program at regular intervals to evaluate its effectiveness. APPDOC.003 7 185 40 3.2 Actualizing Public Art Projects • The Art in Public Places Commission shall: • Determine whether the project is to be an open competition, limited competition, or direct selection. • Identify all participants, i.e.,artist, engineer, architect, consultant, etc. • Develop a project amount for each public art project. • Establish project timeline. • Select a sub -committee (jury) to approve the artist/art selection. A different artist -selection jury shall be impaneled for certain public art projects. The juries shall be given as much latitude as possible, not only in selecting the artist for the project, but also in refining the definition of the site and the parameters of the artist's contribution to the project. For these reasons, the juries shall be named at the earliest possible time after a project has been identified in order to allow for adapting to a design collaboration if it seems preferable and possible even if the project was not originally so identified. Membership of the artist selection jury shall include: • A member of the Art in Public Places Commission who will sit without vote, except in the case of a tie, as chairperson and advisor to each jury. • Three other individuals appointed from a master jurors list. This list shall include, but not be limited to, all potential jurors from La Quinta as well as other areas of the Coachella Valley. In naming jurors to the master jurors list, the Art in Public Places Commission shall be aware of the extent of a juror's knowledge of local, regional, and national artists, the juror's ability to assess the design and problem -solving abilities of an artist, and the juror's sensitivity to the requirements/restrictions imposed by design collaborations. In naming a jury, the Art in Public Places Commission shall create a jury with a positive and protective "personality." Occasionally it will be desirable to include jurors from outside the region with a national perspective on public art. This will be true especially. on large projects where federal or foundation matching funds will be sought. WT 11 Public dedications and receptions shall be identified, organized, and arranged by the Art in Public Places Commission and staff with approval of the City Council. The Commission shall recommend the place, date, and time of the dedication or reception. The Commission shall recommend whether a dedication procedure will take place, for a developer's project or whether this shall be implemented by the developer, and subsequently • funded by the developer. APPDOC'. 0 0 3 8 186 • Staff shall be responsible for: • Preparation and mailing of all invitations. • Arrangements for any refreshments. • Arrangements for entertainment, amplification, staging, and seating. • Invitations for the artist, press, and other appropriate officials. In order to ensure that the combining of art making and the public is a "constructive engagement," it is necessary to implement guidelines for cultivating contacts and actively pursue meaningful community involvement in the process. A variety of special events and programs can contribute to a positive reception of public art. The following strategies are recommended: 3.4.1. Printed Information - The La Quinta Art in Public Places Commission and City staff shall create printed material describing the purpose and goals of the Public Art Plan for La Quinta. This information shall be accessible in terms of language and availability to the general public and provide conceptual guidelines for • developers. 3.4.2. Communication - The Art in Public Places Commission shall develop a comprehensive artists' bank and mailing list of those individuals or agencies that would benefit from receiving information, i.e., requests for proposals, press releases, and general information regarding the La Quinta Art in Public Places Program. n U 3.4.3. A publications program shall be developed and sustained through posters of new artwork, art places, public art exhibits, Chamber of Commerce Newsletter articles for all City art activities with editorials and opinion, and catalogs of public art projects and collections. APPDOC.003 A documentation program shall be maintained in order to have photographs and written materials available for the media and communications program. Local "stakeholders" shall be kept informed about upcoming projects and updated about projects underway through the news media or informational letters.. These stakeholders are members of the community who may be directly affected by the proposed art project. 9 187 3.4.4. Media - Cultivating positive media coverage requires an ongoing effort. • Representatives of the Art in Public Places Program shall make every effort to engage the media at every stage of the public art process by developing press releases and media packages, preparing articles of national significance, and promoting high profile activities in public art. Designated Art in Public Places representatives shall invite media coverage concerning the fabrication and installation of the artwork, as well as the final unveiling. 3.4.5. Public Presentations - On behalf of the City of La Quinta, a designated staff person or members of the Art in Public Places Commission may wish to make public presentations about the La Quinta Art in Public Places Program to local and regional groups and agencies to encourage public awareness and interest. 3.4.6. Community Forums - When beginning any local public art project it is recommended that the Art in Public Places Commission and designated staff hold a public forum/meeting for local residents and identified stakeholders. The meeting shall include a general orientation presentation about the purpose of public art, the goals of La Quinta's Master Art Plan, and details of the specific site identified for a project with opportunity for a question and answer session. In addition to the Art in Public Places Commission, public representation shall be -- included in all phases of public art projects; Community groups and individuals . shall be consulted in determining sites and priorities, and in the artist selection process. Community groups shall be encouraged to co-sponsor creation of art places, e.g., temporary public art, and to o dedications, e.g., Rotary Club, La Quinta Arts Foundation, Soroptimists, etc. -- 3.4.7 Public Lectures, Workshops - When and where it is deemed appropriate, it is recommended that artists and public art managers conduct lectures or workshops for community groups, government agencies, citizen committees, schools, service groups, corporate service groups, and to artists, art organizations, and other design professionals. 3.4.8 Temporary Art Installations - Many communities find than creating opportunities for temporary public art programs has been useful in expanding public perceptions of public art. The temporary nature of the workallows community members to experience the effects of different approaches to public art making it a non- threatening environment. Several artists may simultaneously create work at a public event to stimulate interaction and meaningful dialogue. The Art in Public Places Commission may choose to use some of their funds to cominission temporary work or may ask other local cultural organizations .to consider producing such events. APPDOC.003 10 0 U.:.; • 3.4.9 Public Access to Artmaking - Wherever possible and appropriate it is recommended that temporary and permanent commissioned artwork be fabricated locally in a place where local stakeholders have public access to view the process of the making of the artwork at different intervals of the process. Viewing the process increases the community's sense of ownership of the work and most often contributes to a positive reception to the work when completed. 3.4.10 Displays - The City shall allow the necessary resources to create public displays ofvpublic art competitions and/or select projects. Artists' maquettes may be displayed with interpretative materials at the Civic Center and other appropriate locations where there is public access. An education program shall be established to help educate the public to the diversity of public art, the creative process, the potential for design talents, and the use of the arts and artists for public relations. Some programs and techniques can include: • Design competitions and design awards • Talks by artists and art administrators for the public • Lectures and slide presentations on contemporary art and public art • Tours of places -as -art and other public art • Public art exhibitions • Symposia on subjects related to public art • Artists -in -schools program • Wall mural projects • Community -to -community art and/or artist exchanges • Public collaboration projects among communities, artists, corporations, governments; among different art forms, i.e., written word and visual art, performance art. The process of bridging the gap between how the public envisions art and how artists pursue it shall be a part of every public art project. Creating opportunities for meaningful dialogues among city planners, artists, project planners and the community requires community education about the program and projects. There must be continuous education of the public about public art. Some potential programs to be developed by the Art in Public Places Commission include: • Bus tours of existing public or City -owned art in the 'Coachella Valley. • Walking or driving tours of La Quinta sites identified in the site inventory. • Traveling exhibition of site inventory team recommendations, including maps, photos, drawings, and written work. • Public art presentations at La Quinta schools. APPDOC.003 ii 1189 u3a • Artist -in -residence program and artist -in -community programs. • • Neighborhood involvement in art installations and art site development. • Microcosm site inventory project, i.e., senior centers, elementary schools, schools doing mini -site inventories of their property and exhibits. • Displays of archaeological objects found at sites. L . • •� .�. • -1 161 Any potential developer or builder shall have a briefing from the Art in Public Places Commission on procedure for creating his/her art project prior to approval of the conceptual site plan. A concise brochure shall be presented to each prospective developer who contacts the Community Development Department seeking procedural advice. Such a document shall state the purpose and goals of the City's Art in Public Places Program followed by a synopsis of why such a program is important to a developer, particularly if he/she provides his/her own work. Some of these might include: • General aesthetic enhancement of the community provides a better business climate. • Association with public art improves the developer's image. • Developer participation in the Public Art Program brings him/her closer to the community in terms of understanding its personality. • Political goodwill is created by actively contributing something concrete to the community. • • Art projects associated with certain developments can become City landmarks which become people destinations. In order that the developer fully understands the opportunities to integrate art into his/her project, the Art in Public Places Commission may secure the services of an art consultant. When the City retains an art consultant, his/her relationship with a developer shall convey assistance from the City and not imposition. A list of other successful public art projects completed by developers in the City (and Coachella Valley) shall be presented for the prospective developer to use as references to help him/her understand the process and goals. PW 1 • 4, 1 4.� ' •nip •� The Community Development Department of the City of La Quinta shall serve as staff to the Art in —Public Places Commission. In add-iff6_-n-,—Ti`­s59 records of fees paid, interest earned and expenses incurred will be maintained by the Fiscal Services Department and reported as needed to the Commission and the City Council. APPDOC.003 12 • UX • When appropriate, the Art in Public Places Commission shall recommend to the Council to contract with professional public art consultants to advise it and/or to advise potential developers on ways to implement the Art in Public Places Ordinance. Members of the Art in Public Places Commission represent the public and are citizens of the La Quinta community. The Art in Public Places Commission will be a standing Commission appointed by the City Council. It will be composed of seven (7) members: three (3) members from the La Quinta Arts Foundation, and four (4) members at large. Commission members will serve for staggered two-year terms beginning on July 1 of every other year. The Commission will meet monthly and will elect officers at their first meeting in July. Officers will consist of Chairperson and Vice Chairperson. Fees are required for developments of new, or improvements to existing buildings (see Ordinance 203). Development fees are deposited in the Art in Public Places Fund in the amounts as established by the Ordinance, prior to the issuance of a building permit (see Ordinance for exceptions). In lieu of paying a development fee for public art, an applicant may acquire and install or commission an artwork on the site or in the vicinity of the project site, subject to recommendation of the Commission to the City Council. The Art in Public Places Fund shall be used to provide art sites for, and art work in, public places. APPDOC.003 13 191 U32 1. Art in Public Places Membership (name, dates served) 1. City of La Quinta Civic Center Art Award Purchases (dates, artists, cost) 2. Contract model (not included) 3. Artist Bank Application APPDOC.003 14 192 • • U ATTACHMENT 6 ORDINANCE NO. 317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA CHARTER AND MUNICIPAL CODE, CHAPTER 2.65 (ART IN PUBLIC PLACES), REVOKING CHAPTER 2.85 (CULTURAL COMMISSION), AND ADDING A NEW CHAPTER 2.75 (CULTURAL ARTS COMMISSION) WHEREAS, Section 2.65.040 of Chapter 2.65, and Chapter 2.85 of the La Quinta Municipal Code (the "Code") concern the City of La Quinta's (the "City") Art in Public Places Commission, and Cultural Commission respectively; and WHEREAS, the City finds that there are common duties, objectives, and other factors between these commissions; and WHEREAS, the City has determined that one new Cultural Arts Commission would be best qualified to provide the services heretofore assigned to the Art in Public Places Commission and the Cultural Commission; and WHEREAS, the City has determined that there is no necessity to continue the Art in Public Places Commission, and the Cultural Commission as separate commissions; and 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 2.65, Section 2.65.030 by revising subsections "E", "F", and "G" to be redesignated "F", "G", and "H" respectively and adding a new subsection "E". as follows: E. "Commission" means the Cultural Arts Commission as appointed in Section 2.75.030 of this Charter and Municipal Code. Section 2. Amend Chapter 2.65 by deleting Section 2.65.040 in its entirety. Section 3. Amend Chapter 2.65, Section 2.65.070, "A", "B", "C" and "D" only as follows: A. Upon submission of a project application for a project subject to the requirements of this chapter, the City shall provide to. the project applicant a copy of the ordinance codified in this chapter and an arts application form. 193 U34 Ordinance No. 317 Page 2 B. The project applicant shall submit to the City a completed arts application form, describing the manner in which the project applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.050(B), a complete description of the artwork, if any, the cost or estimated cost of the artwork and installation, the agreement or means by which the project applicant will meet the requirements of Section 2.65.100 of this chapter, and a site plan showing the location of the artwork, complete with landscaping, lighting and other appropriate accessories to complement the artwork. C. The City shall, upon receipt of the arts application, submit the arts application to the Cultural Arts Commission. D. The Cultural Arts Commission shall, within thirty days from the date of submittal of the application by the City, submit to the City Council comments and a recommendation on the proposed arts application, based upon the guidelines set forth in Section 2.65.080. Section 4. Amend Chapter 2.65, section 2.65.080, by deleting Section 2.65.080 B(2)& (4) and amending Section "C" as follows: C. Use and Maintenance of Art Work. Artwork acquired by expenditures from the art in public places fund shall be the property of and maintained by the City. The City may dispose of such artwork at its discretion, subject to any agreement with artists or otherwise relating to any specific artwork. The artworks acquired and installed by a project applicant for which credit for the fee required by Section 2.65.050 is given pursuant to Section 2.65.100 of this chapter shall be the property of and maintained by the project applicant, except to the extent the City has rights in or to the artwork or the display thereof pursuant to the agreement with the project applicant entered into pursuant to Section 2.65.100. Alternatively, artwork acquired by the project applicant in lieu of the fee may be donated to the City to be maintained by the City. Section 5. Amend Chapter 2.65, section 2.65.090, subsection "A" only as follows: A. Fees are to be collected with respect to all projects prior to or at the time . of issuance of a building permit, except in the case of residential development of more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first. The City Manager, or other such person appointed by him/her, is appointed as the authorized individual to collect the fees. 194 US5 Ordinance No. 317 Page 3 Section 6. Amend Chapter 2.65, section 2.65.110, subsection "F" only as follows: F. Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the City to the person or entity who has paid the fees or in any other manner permitted by law. Section 7. Amend Chapter 2.65, section 2.65.120 as follows: 2.65.120 Implementation and administration of this chapter. The City may enter into agreements, upon recommendation of the Cultural Arts commission or otherwise, for the purchase or commissioning of artworks on art sites not owned by the City, for installation of artwork or the repair, maintenance of servicing thereof and for or relating to all other matters necessary or appropriate to implement the art in public places program. Section 8. Revoke Chapter 2.85 in its entirety. Section 9. Add Chapter 2.75 Cultural Arts Commission as follows: Chapter 2.75 CULTURAL ARTS COMMISSION 2.75.010 Created —Defined 2.75.020 Purpose and Objectives 2.75.030 Members —Appointments -Terms 2.75.040 Powers and Duties 2.75.050 Committees 2.75.060 Staffing 2.75.010 Created —Defined The Cultural Arts Commission is created and established. The term "Commission," as used in this chapter, shall refer to the Cultural Arts Commission. 2.75.020 Purpose and Objectives The general purpose of the Commission is to advise the City Council with . respect to the City's development of cultural arts, including cultural- events and activities; promoting the literary, performing, and visual arts. The Commission shall also maintain and implement the Art in Public Places plan subject to approval of the City Council. Objectives of the Commission are as follows: I�5 uJ Ordinance No. 317 Page 4 A. To advise the City Council on matters affecting the cultural art of the City and to advise and assist other City boards, committees and commissions in the field of the arts, and to cooperate and work with cultural art organizations; B. To encourage and facilitate programs in the arts thereby promoting cultural enrichment of the community; C. Cultural Arts as used in this section may involve cultural and arts -related disciplines and activities, including, but not limited to, the following: 1. Performing arts, such as drama, music and dance; 2. Visual arts, such as painting, sculpture, photography, graphics, video art, applied art, and public art; 3. Literary arts, such as literature, poetry and journalism; 4. Communications arts involving film, television, radio, and technology; and 5. Recommending funding opportunities, such as conducting fundraisers, and contacting representatives of public and private funding agencies and art patrons. 2.75.030 Members —Appointments -Terms A. The Commission shall consist of seven (7) members appointed by the City Council. Parties interested in serving on this commission shall exhibit expertise, experience, knowledge, or similar assets that may be useful in serving on this Commission. B. Every effort will be made to ensure that a wide cross-section of community residents, artists, social and cultural interests, and viewpoints, including providers, recipients and professionally -related occupations are represented. Membership may include representation from all organized social, cultural, and similar community organizations of La Quinta, both public and private. C. Member terms shall be for a period of two years. Initial appointments shall be staggered with three members having one (1) year terms, and four members having two (2) year terms. 2.75.040 Powers and Duties The powers and duties of the Cultural Arts Commission shall be advisory to the City Council in the following areas: A. General Duties: 1. Analyze City Cultural Arts programs effectiveness and needs, and recommend to the City Council comprehensive solutions; 2. Make recommendations for research and solicitation of grants and donations; 3. Receive and act on all assignments made by the City Council, and submit. reports and recommendations to the City Council on these assignments; J96 u;�� Ordinance No. 317 Page 5 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 ways to encourage community involvement; 5. Make recommendations to the City Council regarding the funding of community art events and activities, including the search for private and public grants, and regarding the disbursement of revenues consistent with the needs of the community; 6. Work cooperatively with City boards, commissions and committees, and other public and private organizations in promoting art and cultural activities within the City; 7. Encourage public and private partnerships; 8. Encourage art and cultural activities among residents of the City; 9. Implement such art and cultural activities as may be delegated to it from time to time by the City Council, including the selection of artists for art programs and projects, and the award of contracts for art projects and programs; 10. Develop public art awareness through the presentations of speakers, forums, mixers and special events; 11. Maintain and implement the Art in Public Places Plan subject to approval by the City Council. To the extent possible, the plan shall identify art sites, artwork and estimates of cost for the artwork and art Sites; 12. The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program; 13. The Commission will work with City staff to develop a list of possible public art sites; 14. The Commission will seek ways of procuring public art through fees, endowments, donations, loan programs, trusts and similar means of support; and 15. The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 2.75.050 Committees The Commission may, from time to time, establish committees composed of commission members, citizens and/or interested people, charged with the responsibility of implementing certain designated projects subject to Commission and City Council approval. At least one member of the Commission shall also be a member of each committee. 1.9"' U33, Ordinance No. 317 Page 6 2.75.060 Staffing A. All departments of the City, through the office of the City Manager, shall furnish appropriate existing public information, data and records, and provide technical assistance and advice as required, within reason, as an aid to the Commission and its committees in the performance of designated duties. B. The City Manager shall, within reason or budgetary constraints, provide or cause to be provided adequate staff and clerical help, and maintain files and records for the Commission. C. The City Council shall periodically review the progress of the Commission. Section 10. EFFECTIVE DATE: This Ordinance shall be in full force and effect July 1, 1998. Section 11. 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 19th day of May 1998 by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena NOES: Council Member Adolph ABSENT: None ABSTAIN: None JOHN JVPEN& Mayor City of La Quinta, California ATTEST: UNDRA L. JUHOL , City Clerk City of La Quinta, California Ordinance No. 317 Page 7 APPROVED AS TO FORM: ZL'4,- �' z4w-t--.4' #I i � DAWN C. HONEYWE L, City Attorney City of La Quinta, California 199 u 4 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 317 which was introduced on the 5th day of May, 1998 and was adopted at a regular meeting held on the 191h day of May, 1998 not being less than 5 days after date of introduction thereof. I fu er certify that the foregoing ordinance was posted in three (3) places within the City f La Quints s specified in a resolution of the City Council. ;2 �iA/UNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby cer 'fy that the foregoing ordinance was posted on May 22, 1998 pursuant to City C u cil Resolutiionn.. vU4�l .SAUNDRA L. JUHOLA, City Clerk ``City of La Quinta, California 200 U 41 ATTACHMENT 7 August Ending Balance: $286,382.78 City of La Quinta Recap Arts in Public Places Available Funds 09/30/1999 Deposits collected through development Interest earned City Contribution Total Sources Less expenditures: Operating expenses Art purchased Total Uses Equity Available before encumbrances and committments: Add back Accounts Payable Reduction for Interest Receivable Cash Available before encumbrances and committments: Less Encumbrances - 1999/2000 Operating Expenditure Authorization Less Commitments: Balance of De Martino Sculpture for Civic Center Balance of K.Emerson & A.Dematteis - Fritz Burns Park Balance Hwy 111 TDC Shopping Center - Paid Balance Hwy 111 TDC Shopping Center - Credits Balance Hwy 111 TDC Shopping Center - Future Balance Ministrelli TT25429 Deposits committed to Rancho La Quinta - Paid Deposits committed to Rancho La Quinta - Credits Balance of Art Fernandez - Fritz Burns Park Balance Marcia Gibbons-L.Q. Car Wash Balance Eagle Hardware -Credit Balance Washington St. Bridge-Navarrete/Nolmes & Narver Balance Washington St. Bridge-Navarrete/Nolmes & Narver Balance Washington St. Bridge -Artwork Construction Obelisks Pilot Program -City Street Markers Landscaping for Artpiece-Hwy111/Wash. St Civic Center Art Purchase Construction of Base for New Art Piece City Entrance Monuments Obelisks Pilot Program -City Street Markers City Entrance Monument Right -of -Way (#655) Total Commitments Total available funds through 09/30/1999 (13,217.00) (1,260.37) 0.00 (9,418.07) (14,581.93) 0.00 0.00 0.00 0.00 0.00 0.00 (1,284.00) (30,122.00) (12,710.50) (1,684.50) 0.00 (73.00) (2,918.00) (293,113.00) (20,000.00) (15,000.00) $983,530.18 119,364, 27 50,000.00 1,152,894.45 (18,904.50) (438,761.63) (457,666.13) 695,228.32 0.00 0.00 695,228.32 (5,000.00) (415,382.37) $274,845.95 201 File: APP.WK4 4 1-) City of La Quinta Arts in Public Places Recap Expenditures Inception to 09/3011999 J Operating Expenses: Expended Conference - Phoenix 07/24/92 Bank of America 821,66 07/31/92 Meg Robertson 24408 $1. 065, 74 10/15/92 A.E.S. 23.70 01/12/93 Jerry Allan 2,275,00 03/10/93 Regents - University of Calif 105.00 03/31/93 Martin & Chapman 242.05 03/31/94 City of La Qunta Admin Fee 6,000.00 05/10/95 Rositas Shamis - Reimburse for supplies 35.91 06/30/98 Chame Chappie Travel 325.21 06/30/98 Elaine Reynolds Travel 360.61 06/30/98 Rosita Shamis Travel 2.141.01 06/30/98 Susan Benay Travel 1,125.32 06/30/98 Americans For The Arts Registration 150.00 09/30/98 Susan Benay Travel - Reverse (1,125.32) 01/25/99 Art in La Quinta Inserts (Arrow Printing) 1,150.00 05/07/1999 Recreation Brochures 473.50 0529/1999 Summer Brochures (Arrow Printing) 1,239.13 06/30/19N Patrick Welch - Anderson Travel 428.00 06/30/19N Welch/Reynolds - Atlanta Hilton 1,313.28 06/30/1999 Susan Benay - Best Western 245.00 06/30/1999 Ca Assembly of Local Arts 199.00 06/30/1999 Welch/Reynolds - Americans for the Arts Reg. 600.00 06/30/1999 Susan Benay - Travel 272,36 08/19/1999 US Postmaster: 05/19/1999 Appropriation -Summer Brochure 160.00 Total Operating Expenses $18,804.50 Total Balance of Art Purchases: Commitments Expended Commitments 06/09/92 Adamslfruman PTA 846.00 $846.00 0.00 04/14/93 Louis De Martino 73,500,00 60,283.00 13,217 00 06/29/94 K.Emerson & A.Dematteis 51,000.00 49,739,63 1,26037 07/31/92 Hwy 111 TDC - Paid 47,578.99 47,578,99 0 00 07/31/92 Hwy 111 TDC - Credits 10,810.63 1,392.56 9,418.07 07/31/92 Hwy 111 TDC - Future 36,610.38 22.028.45 14.581 93 12/15/1992 Ministrelli TT25429 15,000,00 15,000.00 0 00 06106/1995 Bear Creek Path Art Work 5,000.00 5,000.00 0.00 01/16/1996 Fritz Bums Park 16,786.00 16,786.00 0,00 05/21/19% Rancho La Quinta - Paid 35,000.00 35,000.00 0,00 0521/1996 Rancho La Ouinta - Credit 35,000.00 35.000.00 0.00 12/17/19% Fritz Bums Park - Art Fernandez 37,000.00 37,000.00 0.00 06/17/1997 Marcia Gibbons-L.O: Car Wash 10,000.00 10.000.00 0 00 06/17/1997 Eagle Hardware -Credit 43,000.00 43.000.00 0.00 05/05/1998 Washington St. Bridge-Navarrete/Holmes & Nar 3.000.00 1,716.00 1,284,00 09/15/1998 Washington St. Bridge-Navarrete/Holmes & Nar 39.500.00 9,378.00 30,122.00 1020/1998 Washington St. Bridge -Artwork Construction 21.999.00 9,288.50 12,710.50 07/07/1998 Obelisks Pilot Program -City Street Markers 14,000.00 12,315.50 1,684,50 07/07/1998 Landscaping for Artpiece-Hwy 111 /Wash. St 19,000.00 19,000.00 0.00 03/16/1999 Civic Center Art Purchase 7,500.00 7,427.00 73.00 04/06/1999 Construction of Base for New Art Piece -City Hal 4,000.00 1,082.00 2,918.00 05/18/1999 City Entrance Monuments 293,113.00 0.00 293,113,00 07/01/1999 Obelisks Pilot Program -City Street Markers 20,000.00 0.00 20,000.00 09/07/1999 City Entrance Monument Right -of -Way (#655) 15,000.00 0.00 15,000,00 Total Art Purchases $854.244.00 S438,861.63 S415,382.37 OR JP File: APP.WK4 t r� UJ City of La Quinta Recap Arts in Public Places Interest Earned Annual Interest FY 1990/91 3,525.59 FY 1991 /92 11,646.54 FY 1992/93 12,156.96 FY 1993/94 7,137.38 FY 1994/95 11,444.17 FY 1995/96 14,109.65 FY 1996/97 16,170.79 FY 1997/98 14,845.19 FY 1998/99 28, 328.00 Total Accumulated Interest FY 1999/00 Interest YTD Interest Through 09/30/1999 W OM 119, 364.27 103 File: APP. Vff4 ATTACHMENT 8 Art in Public Places Funds Collected Year Residential Commercial City Contribution Interest Total 1990 $ 32,393.75 $ 50,000.00 $ 3,525.59 $ 85,919.34 1991 $ 55,400.85 $ 11,646.54 $ 67,047.39 1992 $ 20,716.81 $ 12,156.96 $ 32,873.77 1993 $ 64,139.09 $ 7,137.38 $ 71,276.47 1994 $ 56,465.77 $ 11,444.17 $ 67,909.94 1995 $ 103,246.73 $ 14,109.65 $ 117,356.38 1996 $ 73,809.82 $ 31,281.26 $ 16,170.79 $ 121,261.87 1997 $ 66,636.12 $ 29,576.29 $ 14,845.19 $ 111,057.60 1998 $ 209,446.21 $ 12,821.72 $ 28,288.00 $ 250,555.93 1999 $ 185,364.50 $ 42,271.26 $ 227,635.76 Totals $ 867,619.65 $115,950.53 $ 50,000.00 $119,324.27 $1,152,894.45 0 4, V 5) REPORT/INFORMATIONAL ITEM: CULTURAL ARTS COMMISSION MINUTES September 9, 1999 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Hull presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Jan Blakley Commissioner Kathryn Hull (Chairperson) Commissioner Elaine Reynolds Commissioner Rosita Shamis (Vice Chairperson) MEMBERS ABSENT: Commissioner Susan Benay Commissioner Leslie McMillan Commissioner Jackie Rasmussen STAFF PRESENT: Dodie Horvitz, Community Services Director Cristal Spidell, Secretary It was moved by Commissioner Reynolds/Shamis to excuse Commissioner Benay from the meeting due to a death in her family, and Commissioner Rasmussen due to illness. Unanimous. II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of July 8, 1999 Under Commissioner Items the words "Arts Association" was changed to Arts Foundation. B. Art in Public Places Financial Report for July & August 1999 Staff will adjust the balance for Art Fernandez and it will be reflected on the next Financial Report. C. Monthly Department Report for June & July 1999 Received and filed. It was moved by Commissioner Blakley/Reynolds to accept the Consent Calendar as corrected. Unanimous. V. PUBLIC HEARING None G:\MyData\CRISTAL\CAC\CACMIN.9-9.wpd VI. BUSINESS ITEMS A. Calle Estado Mural Project Staff reported that attempts were made to have someone from the Chamber of Commerce attend the meeting and report on the Calle Estado Mural project. Originally, Mr. Dick Jantz met with the Commission and indicated he would solicit funds for the project and he would get the property owners permission. The Commission indicated at that time they would like children to be involved in the project, and they could assist in doing a call for artists if needed. Since no one is available to speak from the Chamber, this item will be continued to next month. B. Civic Center Campus Master Plan Tom Doczi gave the Commission a review of the Campus Master Plan. Mr. Doczi reported that Phase I includes a lake with an island, linking the Senior Center to City Hall by bridges. Also included are garden areas; rest areas; a historical plaza; and pathways with focal points. Mr. Doczi said additional phases could include a library and a children's water fountain. The drawings of the Civic Center Campus are expected to be done by the end of the year. The bid process will run through May 2000, and construction is expected to begin in the fall. Mr. Doczi will incorporate the Commission's comments into the drawings and bring it back to the Commission for review. Once the Commission reviews the drawings the item is expected to go to the City Council for consideration in November. Commissioner Shamis would like Louis De Martino to show the Commission the City's art piece he has in storage so that it can be properly placed. Chairperson Hull reminded the Commission that Mr. De Martino has invited the Commission to his studio to see the art piece at any time. It was suggested that the Historical Society be contacted for input on the Historical Plaza. It was moved by Commissioner Shamis/Reynolds to provide input as to the types and designs of artwork for the Civic Center Campus improvements. Unanimous. C. National Arts and Humanities Month The Commission agreed to participate in National Arts and Humanities Month. Staff will prepare a proclamation and present it to the City Council on October 5, 1999. Commissioner Shamis would like to do Artist Partnership Day again. Commissioner Blakley will contact merchants and the library to do special displays. Chairperson Hull will draft a letter to be sent to various local organizations with a resolution (copy is on file) asking for their support and recognition of National Arts and Humanities Month. Commissioner Reynolds suggested doing a dedication ceremony for the art piece on Washington and Highway 111 in the month of October. Chairperson Hull will contact Louis De Martino about cleaning up his art piece. It was moved by Commissioner Shamis/Blakley to support October 1999 as National Arts and Humanities Month, and requested staff to prepare a proclamation for the City Council. Unanimous. D. Artist Partnership Day Staff will contact the schools for the Artist Participation Day tentatively scheduled for October 27 & 28, 1999. The alternate date is October 20 & 21, 1999. Commissioner Shamis will do a press release and contact the media for coverage. Commissioner Reynolds will help Commissioner Shamis contact artists for the Artist Partnership Day. It was moved by Commissioner Reynolds/Shamis to participate in Artist Partnership Day, October 27 & 28, 1999. Unanimous. G:\MyData\CRISTAL\Cac\CACMIN.9-9.wpd 2 H u 0 '' E. Arts List The Commission reviewed the list. Josephine Lombardo will be moved to "Performing Arts". Chairperson Hull will provide staff with addresses of organizations that would like a copy of the Art List. F. Relocation of Art Piece on Bear Creek Trail Staff gave a history of the Bear Creek Trail art work project to the Commission and explained that due to the size of the new art piece, it needed to be moved from the previous location. The Commission concurred. It was moved by Commissioner Shamis/Reynolds to authorize the relocation of the art piece on the Bear Creek Trail. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None Vill. COMMISSIONER ITEMS Commissioner Reynolds would like to see a water fountain and colorful banners on Calle Estado and passed out pictures of banners she took. Chairperson Hull shared a schedule of the 1999 Fall Concert Series for the City of Palm Springs, The Agua Caliente Band of Cahuilla Indians, & Byway Entertainment. She also presented a letter from Gwen Hughes and Rick Barber Art Studio. Commissioner Reynolds said improvements are coming along at the Chamber of Commerce Office on Calle Estado that the Arts Association is going to be sharing. Grand opening is set for October 1st. Staff asked the Commission to be patient with the improvements on Calle Estado, and assured them the City Council will ask them for their input when the time comes. Staff also noted that the Village Center plans are still being worked on. IX. ADJOURNMENT It was moved by Commissioner Reynolds/Shamis to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:43 p.m.. NEXT MEETING INFORMATION October 14, 1999 7:00 PM La Quinta Civic Center Study Session Room • Calle Estado Mural • Civic Center Campus • Artist Partnership Day Submitted by: Cristal Spidell, Comm sion Secretary 207 G:\MyData\CRISTAL\CAC\CACMIN.9-9.wpd DEPARTMENT REPORT: A, U S cFMOFTN�O TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 2, 1999 RE: Department Report — Response(s) to Public Comment The following is the response to public comments made at the October 19, 1999 City Council meeting: 1. Ms. Audrey Ostrowsky, P.O. Box 351, addressed the City Council regarding date palm tree removal on the private property located at Eisenhower Drive and Calle Tampico. • No response was necessary as the City Council informed Ms. Ostrowsky that the City does not have authority over the removal of trees on private property. 2. Ms. Joyce Sivley, 79-775 Westward Ho Drive, addressed the City Council regarding the status of the Westward Ho area street improvements. • During the City Council Meeting break, staff spoke with Ms. Sivley regarding the progress of the Phase VI improvements in the Westward Ho area. A meeting is in the process of being scheduled for the first week in November with the Westward Ho area residents to update them on the status of the improvements. Ms. Sivley was informed of the meeting, and will be contacted with the exact date once it is finalized. 1' o DEPARTMENT REPORT: -'"2- U S tC w ,y`V cF`y OF tN�O TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Assistant City Manager DATE: November 2, 1999 RE: Department Report - Marketing Program Status Report This report provides an interim status report on the Fiscal Year 1999-2000 Marketing Program. Economic Development Infomercial and Television Commercials Kiner/Goodsell has created an economic development infomercial on La Quinta that will be shown on local, Orange County and Los Angeles County cable systems. A copy of the infomercial is available for viewing in the City Manager's Office. Kiner/Goodsell is in the process of creating one thirty-second and three ten -second economic development television commercials. In addition to being aired locally and regionally, the commercials will be edited into the infomercial. ICSC Trade Show and Economic Development Booth City staff and Kiner/Goodsell staff participated in the International Council of Shopping Centers (ICSC) show social event on Thursday, October 7, with putting games and a display. In addition, City staff manned the new economic development booth at the ICSC trade show on Friday, October 8. The next trade show is the Naftasho, which was rescheduled to February 2000. Village Event An event showcasing the City's plans for and future investment in The Village to local commercial lenders and realtors was held on October 21 at the La Quinta Hotel. 209 Economic Development Ad A new economic development ad was created and run in the Desert Sun millennium edition on Sunday, October 17. This new ad will be modified and run in the Bob Hope Program. Construction Update Kiner/Goodsell designed a construction update ad, which will be updated each month and run in The Gem newsletter, beginning in the November issue. A direct mailer updating the residents on the City's construction projects is in the final design stages, and will be mailed to each resident in early November. Palm Springs Life The City purchased a two -page advertorial with photos in the October issue of Palm Springs Life. This issue focused on the Coachella Valley's cities. Auto Mall Grand Opening Promotion The City will be participating in the Auto Mall grand opening through a City-wide promotion with the retailers and restaurants welcoming the Auto Mall to La Quinta. Parades Kiner/Goodsell is currently designing and creating the float to be used in the Golf Cart Parade on November 7, the Festival of Lights Parade on December 4, and the Date Festival Parade on February 21. Dine/Shop La Quinta Kiner/Goodsell is currently designing the Dine/Shop La Quinta card. The card and letter explaining the program will be mailed to all residents in November. Additional cards will be available at City Hall and the Chamber of Commerce. Television, radio and newspaper will be utilized to advertise the program. Live La Quinta The purpose of the Live La Quinta program is to market new homes in the City. Kiner/Goodsell has scheduled Live La Quinta for the Bob Hope Chrysler Classic weekend, as 80% of those attending the Bob Hope Classic live outside of the Coachella Valley. MEI 002 Public Relations Kiner/Goodsell has sent out press releases and contacted the media regarding the August Y2K Community Conversation, the Department of Justice grant, the Washington Street Bridge construction, and Simon Motors' 25' Anniversary. Upcoming press releases include trees for the millennium grant funding, the plans for The Village area, the Dine/Shop La Quinta program and the November Y2K meeting. Copies of all ads/advertorials are available in the City Manager's Office. 211 DEPARTMENT REPORT: (2-" 1 NOVEMBER2 NOVEMBER2 NOVEMBER 3 NOVEMBER5 NOVEMBER8 NOVEMBER 16 NOVEMBER 17 NOVEMBER 18 DECEMBER3 DECEMBER 7 DECEMBER 21 JANUARY 4 JANUARY 18 JANUARY 19 - 23 CITY COUNCIL'S UP -COMING EVENTS CITY COUNCIL MEETING ELECTION DAY MAYOR'S LUNCH ALUOITZRImil LEAGUE OF CALIFORNIA CITIES DINNER IN CATHEDRAL CITY CITY COUNCIL MEETING LA QUINTA CHAMBER MIXER AT MAYO'S IN PALM DESERT Y2K COMMUNITY CONVERSATION MAINSTREET MARKETPLACE CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC 212 FEBRUARY 1 CITY COUNCIL MEETING FEBRUARY 4 MAINSTREET MARKETPLACE FEBRUARY 15 CITY COUNCIL MEETING MARCH 3 MAINSTREET MARKETPLACE MARCH 7 CITY COUNCIL MEETING MARCH 16 - 19 LA QUINTA ARTS FESTIVAL MARCH 21 CITY COUNCIL MEETING MARCH 31 MAINSTREET MARKETPLACE Updated: October 28, 1999 213' c:mydocumentskcevents November 1999 Monthly Planner 1 2 3 4 5 6 2:00 PM City 12:00 PM Council Meeting Mayor's Lunch Election Day 7 8 9 10 11 12 13 9:30 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- Public Safety- Mosquito Abate. Pena robs- Perkins 12:00 PM CVAG -Perkins 7:00 PM Planning 5:30 PM ment Advisory Veterans Day Transp-Perkins Commission Board (HOLIDAY) 7:00 PM Commu- Meeting nity Services Commission 14 15 16 17 18 19 20 9:00 AM CVB- 12:00 PM CVAG 10:00 AM Henderson Human/Com- Energy/Envi- 2:00 PM City Adolph Sniff Council Meeting 3:30 PM Historic Preservation Commission 7:00 PM Cultural Arts Commission 21 22 23 24 25 26 27 2:30 PM RCTC Budget -Pena 7:00 PM Planning Commission 4:00 PM DRRA Airp-Henderson 4 0 Meeting Thanksgiving Thanksgiving Day (HOLIDAY) (HOLIDAY) 28 29 30 October Decem er S M T W T F S S M T W T F S 1 3 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 1 24 25 26 27 28 29 30 9 20 21 22 23 24 25 31 26 27 28 29 30 31 Creator Plus on 10/28/99 214 Printed by Calendar December 1999 Monthly Planner 1 2 3 4 S ovem er anuary M T W T F S S M T W T F S 1 7 a „ 14 3 5 6 8 9 10 11 12 13 2 3 10 15 16 17 18 19 20 4 5 6 7 89 11 12 13 14 15 21 22 23 24 25 26 27 16 17 23 24 18 19 20 21 22 25 26 27 28 29 �.a 28 29 30 30 31 5 6 7 8 9 10 11 6:00 PM CVAG 2:00 PM City 9:00 AM RCTC- 12:00 PM Energy/ Exec.Com-Pena Council Meeting Pena Envi-Sniff 5:30 PM Invest- 7:00 PM Cultural ment Advisory Arts Commission Board 12 13 14 15 16 17 18 9:30 AM CVAG 7:00 PM C.V. 3:30 PM Historic Public Safety- Mosquito Abate. Preservation Perkins -Perkins Commission 12:00 PM CVAG 7:00 PM Planning Transp-Perkins Commission 7:00 PM Commu- Meeting nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- Henderson 12:00 PM CVAG Human/Com- Christmas Eve Christmas 2:00 PM City Adolph (Holiday) Council Meeting, 4:00 PM DRRA Airp-Henderson 26 27 28 29 30 31 2:30 PM RCTC 7:00 PM Planning New Years Eve Budget -Pena Commission (Holiday) 6:00 PM CVAG Meeting Exec.Com-Pena Printed by Calendar Creator Plus on 10/28/99 215 DEPARTMENT REPORT:Jee � OZ V rs OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERM AN, COMMUNITY DEVELOPMENT DIRE CTOR �V DATE: NOVEMBER 2, 1999 SUBJECT: SUMMARY OF CITY COUNCIL/PLANNING Per Council direction staff is transmitting the following: 1. Summary of City Council and Planning Commission Comments; 2. Proposed changes based on those comments; 3. Land Use Map identifying the proposed changes; and 4. Recommended Time Line. Should the City Council concur that the proposed changes as listed adequately address the concerns raised, staff is requesting we proceed without any further joint sessions in accordance with the recommended Time Line. However, if the City Council wishes to have another joint session with the Planning Commission, staff is recommending this be scheduled for November 9t''. If a joint session is scheduled the recommended Time Line will be moved back one week. Staff will be available to answer any questions regarding the proposed changes. 216 Summary of City Council and Planning Commission comments • Create an Agriculture overlay and add explicit language in the text which supports the existing farmers in the Thermal area. • The Land Use Map needs better color separation between reds (commercial). • Change the map title from Preferred to Recommended. • Tourist Commercial (TC) designation on the Ranch needs careful consideration. TC on Ranch and Club Real should not be assumed. • Lands at Washington and Miles, south of Palm Royale should be considered for commercial opportunities created by the tennis center. • Bureau of Reclamation land in the southwestern corner of the City needs to be identified. • Planning areas should be master planned or left with County equivalent land use, and City should add Agriculture designation to it's General Plan. • Check the TC designation at Madison and Avenue 64- • Provide commercial around Thermal Airport both as an economic development opportunity and as a buffer. Review the Airport Master Plan. • Provide Village Commercial (VC) in the Planning Area. • Identify the planned interchanges on Highway 86. • Describe the annexation process and the potential to change land use designations in the planning areas upon joining the City limits. 217 002 CHANGES TO RECOMMENDED ALTERNATIVE 1. The Ranch: 7 acres Tourist Commercial at the intersection of Jefferson Street and the Canal (NW corner) 144 acres Tourist Commercial in the center of property 400 acres designated as Golf Course 2. Travertine: NW corner of 64t1i Avenue and Madison Street changed fromTourist Commercial to Golf Course 377 acres from LDR to Golf Course 13 acres on west side of Madison Street, north of 62" Avenue from LDR to MHDR 71 acres on west side of Madison Street from LDR to MHDR 2A. Country Club of the Desert: 344 acres from VLDR to LDR 20 acres Tourist Commercial 650 acres from LDR and VLDR to Golf Course 3. Bureau of Reclamation property: LDR to Open Space (acreage not known) 4. 10 acres on east side of Monroe at 57t' Avenue (mid -section) from LDR to Neighborhood Commercial 5. 20 acres on the west side of Harrison at 591 Avenue (mid -section) from LDR to Neighborhood Commercial 6. 10 acres on east side of Harrison, north of 601h Avenue from LDR to Light Industrial 7. All MDR and Community Commercial at the intersection of Airport Boulevard and the Railroad right of way (southwest corner) to Village Commercial 8. 15+ acres at the intersection of 581h Avenue and Railroad right of way (northwest corner) from LDR to Light Industrial 9. All LDR east of Polk Avenue to VLDR (acreage not known) 10. LDR south of Airport Boulevard, east of Railroad right of way to Light Industrial 11. Agricultural overlay over all LDR and VLDR in southeast planing area 12. "P" floating park designator in southeast Planning Area 218 13. Identify schools on map - School sites a b c .� 3 TIME LINE Assuming City Council accepts the recommendation of staff on November 2°d, the following would be the processing schedule: 11/3 - Land Use Map to Geographic Information System consultant 11/12 - Land Use Map to traffic consultant 11 /29 - 12/3 - Review Traffic Analysis Zones and traffic data with traffic consultant 1/3/2000 - Traffic Study completed 2/1 - Team reviews Traffic and Noise Studies 3/1 - Screen check documents - given to staff for review (one week review period) 3/15 - 3/22 - Release Draft EIR 5/9 - First Planning Commission Public Hearing (no Final EIR) 5/23 - Second Planning Commission Public Hearing (with Final EIR) recommendation to City Council 6/20 - First City Council Public Hearing 7/4 - Second City Council Public Hearing - adoption If the City Council determines a joint session with the Planning Commission is needed and schedules a meeting for November 9, 1999, the schedule will be moved back one week; i.e., the first City Council public hearing would be July 4, 2000. If the joint session is on November 16, 1999, the schedule would be pushed back two weeks or the first Council hearing on July 18, 2000. 219 004 Department Report NoS-/ POLICE REPORT Inside this issue: September Significant Ac- tivity Report La Quinta Target Team Sep- tember Report School Resource Officer Reports for September September Crime Statistics Summary The School Resource Offi- cer Guide Statistical Points of Interest: • Reported Vehicle Thefts continue to decline. • Thanks to a very active Traffic Enforcement Team, Traffic Citations are again showing sharp increases. • Misdemeanor Assault reports jumped sharply for the month. • Incidents of Domestic Violence are starting to climb again. SEPTEMBER 1999 September is Back to School for La Quinta Police a La Quinta Youth We started the month out with a very successful Back To School Traffic Safety Program. Between September 7th and Sep- tember 14th, Deputies conducted a traffic safety program focusing on mak- ing the new school year accident free and safe for returning students. The program included radar enforcement of speed laws in school zones, as well as the enforcement of pedes- trian, bicycle and safety restraint laws. Students at both La Quinta High School and La Quinta Middle School were intro- duced to new School Re- source Officers (SROs). With the promotion of Dep- uty Simms, Deputy Randall Wedertz moved from his assignment at the middle school to the high school. Wedertz not only brings La Quinta Police in Partner- ship with the Schools to provide a safe learning environment the experience and train- ing of a veteran SRO, but also a personal acquaint- ance with many of the stu- dents who passed from the middle school to high school. Deputy Stephen Morton was selected to fill the vacated SRO position at La Quinta Middle School. As you know, the SRO program utilizes sworn peace officers and it is e expensive commitment. The program is a workin, partnership between the City, the schools, and lai enforcement. The City e LaQuinta, as the fundin€ entity, should be include in determining the operational parameters the program. I have attached the current Ind Station SRO Guidelines 1 review and comment. It a "living document" in tl• it is always being revises to meet law enforcemen needs in the school environment This document serves a: the governing "umbrella' for the more specific "Duties and Responsibilities" agreement worked out with the individual administrators in each school. Deputy Stephen Morton Selected for SRO Position I have good news and bet- ter news. First, the good news is that the County grant which funds the SRO position for the La Quinta Middle School, will con- tinue at least one more school year. The better news is that Deputy Stephen Morton, a four year veteran with the Sher- iffs Department was se- lected to fill the position. Stephen has lived in the Coachella Valley for over twenty years and is strongly committed tohe ing the youth of this valle In this position, Deputy - Morton not only attends specialized training, but also numerous seminars and workshops devoted SRO responsibilities. The City of La Quinta Monthly Highlights for the Month of September 1999 09/04-09/05 A LQ resident was found unconscience in her residence during a welfare check in the area of 52000 block of Ave. Velasco. A 36 year old LQ man was arrested for possession of methamphetamine during a contact in reference to him watching small children at Francis Hack Park. A 41 year old LQ man was arrested for possession of 12.5 grams of methamphetamine and a dagger. A home intrusion robbery took place in the 52000 block of Ave. Madero. Several gang members from the Indio based "Jackson Terrace or JT Boys" may be involved. One has been identified and the investigation is continuing. A suicidal subject was assisted in the area of 77000 Calle Arroba. The man had taken several pills and was depressed about a failed relationship. 09/06 A domestic violence incident occurred in the 46000 block of Dune Palms. The male suspect fled the scene. 09/08 A minor injury traffic collision occurred at Miles x Adams. Both parties claimed to have green lights. The traffic team observed the intersection for (30) minutes after the T/C and noted no malfunctions or other problems. No major problems were reported on todays first day of school. Traffic control in the school areas were the main focus. 09/11 A 33 year old LQ woman was arrested for an outstanding felony drug warrant. 09/12 A Palm Desert resident was arrested for DUI in the area of Fred Waring x Adams. A methamphetamine lab was discovered in the area of 77000 Calle Ensenada. SIB and CDF responded to handle the clean-up. 09/13 A domestic violence was reported in the 51000 block of Eisenhower Drive. Minor injuries were noted and firearms were removed from the location for safe keeping. 221 09/14 A burglary occurred at Walmart by an unknown male who stacked numerous items near the store exit and then brought his vehicle to the doorway and loaded the items inside. No further leads are available. 09/16 An attempted armed robbery was reported in the Stater Bros. parking lot. The victim refused to give the suspect his money, so the suspect left the area. A non injury traffic collision occurred at Eisenhower x Washington. Vehicle versus a pole. 09/18 A 34 year old Palm Desert man was arrested at Walmart for public intoxication. 09/19 A Rancho Mirage surgeon was arrested breaking out windows at his girlfriends house on Diane Street. The man was intoxicated at the time and was upset that she was cheating on him. 09/20 A domestic violence was reported in the 51000 block of Ave. Obregon. The suspect is on parole and has had similar problems in the past. 09/21 A grand theft occurred at the DSUSD office. An unknown suspect stole a Toshiba laptop computer from the office. A hit-and-run traffic accident was reported at Washington x SR 111. No injuries were noted. A non -injury traffic collision was reported at Ave. 48 x Adams. Caused by a left turn violation. 09/23 A Coachella resident was arrested for possession of burglary tools. A 25 year old man was arrested at Walmart for burglary. An attempted burglary was reported in the 79000 block of Victoria. Two suspects entered an open garage and tried to steal a bicycle. 09/24 A female was arrested for embezzlement near 78870 SR 111. A child custody problem was reported in the area of 51200 Ave. Velasco. 09/25 A 20 year old man was arrested for drug sales in the area 77000 of Calle Ensenada. 222 A 27 year old female was arrested for embezzlement and conspiracy. 09/26 A domestic violence was reported at 53000 block of Ave. Diaz. No visible injuries were noted. A LQ resident was arrested for possession of drug paraphernalia and driving without a license. 09/27 A non injury traffic collision was reported at Ave. 54 x Monroe. The driver at fault was found to be unlicensed. 223 Riverside County Sheriff's Department La Quinta Target Team Monthly Report September 1999 The following is a summary of the Target Team activities for the month of September. 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: 1424 Arrests and Filings: 8 14 40 10 3 0 5 2 65 12 14 7 22 0 4 1 15 21 $0.00 3 3 12 0 60 hours 30 3gms of methamphetamine 5gms of rock cocaine (5) Perris residents arrested for 11550 H&S during DRE sweep. (5) Corona residents arrested for 11550 H&S during DRE sweep. One in possession of rock cocaine. LQ resident arrested for driving on suspended license. Vehicle stored. 224 LQ resident arrested for traffic violation. Palm Desert resident arrested for possession of methamphetamine. LQ resident cited for handicap parking violation. Noteworthy accomplishments: The Target Team and Traffic Team conducted a "Back to School Program" at both the High School and Middle School. The program was successful in reminding the motoring public of the return to school of students and the vehicle laws which pertain to school areas. During this program, the Target Team made use of the La Quinta Police Patrol Bicycles which proved to be very useful in the congested school traffic. The Target Team made an arrest of an individual which lead to the gathering of other individuals involved in the sales of drugs. The investigation continues. The Target Team participated in a 11550 H&S program in the Cities of Perris and Corona. (10) persons were arrested and counted toward DRE certification. The Target Team attended a CVNOA meeting and gathered information and assistance with an ongoing drug sales investigation. The Target Team assisted patrol with several calls for service and traffic problems. The Target Team made use of the La Quinta Patrol Bicycles at the LQHS home football game on 09/24. The bikes enabled the team to move quickly around the campus in order to keep watch of areas away from the crowds where trouble reports were made. Prepared on 10/02/99 by; Dep. E. Price #2273 C Dep. T Brewster #2297 2 20.5 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT SEPTEMBER 1999 LA QUINTA MIDDLE SCHOOL Deputy Stephen Morton (RSO Grant Funded Position) 7 Reports 0 Arrests 0 Citations 3 Pedestrian Checks 1 Traffic Stops HIGHLIGHTS: Conducted student program on California laws pertaining to theft, vandalism, and fighting. I spoke to two classes, eighty-four students. One case filed with the District Attorney's Office for fighting at a bus stop. Attended one -day class on Drugs, Guns, and Gangs in Ca. Schools. Actual reporting period covers September 9, 1999 through September 24, 1999 SROs attend patrol briefings, participate in investigations with juvenile suspects, and attend the numerous school -related committee meetings. Their knowledge of student activities and characteristics is invaluable to police efforts in juvenile crime prevention and apprehension. 226 SRO MONTHLY SUMMARY LA QUINTA HIGH SCHOOL Deputy R. Wedertz 42346 Indio Station 9-7-99 TO 9-24-99 CIATIONS: 1 MISD. RPTS: 8 FEL. RPTS: 1 MISD. ARR: 2 VEH.CHECK:6, 1 VEHICLE SEARCH PED CHECK: 6 FI CARDS: 1 Self -admitted Coachella 52 gang member, entered into CAL Gang system. The above statistics were accumulated during the period between 9-7-99 and 9-24-99, at the La Quinta High School. During this time, I arrested one student for an outstanding misdemeanor warrant(LAR99252007). During the booking process, student was found with a marijuana pipe, additional charge added. Vandalism report taken after school vans vandalized by unknown suspect(s), three tires slashed(LAR99256010). Tactical site survey done for EST -East for La Quinta High School. Three fights on campus, reports taken (LAR99264011, LAR99264012, LAR99267418). Student found in possession of stolen property, drivers license and credit card, case filed with District Attorneys office (LAR99267014). I also Attended a six -hour Law Advisory course in Ontario Ca. Reviewed several security issues with principal, and set up a upcoming R-9 search at the High School. Student found in possession of knife at High School football game, report taken (LAR99263010). Student was suspended from school pending expulsion. Will meet with Assistant principals in the upcoming week for a safety meeting, pertaining to the High School. 227 CITY OF LA QUINTA SEPTEMBER CRIME COMPARISONS CRIME SEPTEMBER 99 SEPTEMBER 98 YTD (99) YTD (98) *HOMICIDE 0 0 1 2 *RAPE 1 0 5 13 SEX CRIMES (FEL) 1 1 17 12 SEX CRIMES (MISD) 1 0 9 14 ROBBERY 2 2 13 9 ASSAULT (FEL) 7 11 77 79 ASSAULT (MISD) 24 18 167 131 BURGLARY 44 46 273 309 *VEHICLE THEFT 9 11 75 69 *THEFT (FEL) 19 11 123 98 THEFT (MISD) 21 31 216 235 VANDALISM (MISD) 31 25 301 210 DOM. VIOLENCE 17 13 94 92 NARCOTICS 12 10 82 45 DUI 9 14 62 87 T/C NON -INJURY 48 41 290 271 T/C INJURY 3 5 35 41 T/C FATAL 0 0 1 0 TRAFFIC CITATIONS 262 255 2258 2156 * STATISTICS INCLUDE ATTEMPTS 229 z W G O W0 a O W C) U W 0 J � w a m Qw F- a w Z U) 0) 00 0) CD F- W W CD CO ■0 0 0 0 0 0 0 0 co LO � M N � W SW 1 m c J a Q W m m U N W 51 ui U O CL 0) cm C CL. 'W V ) Z rO v / 5� i� O U W LLI 1 0 O F- N Of O O O- O O O O O LO O LO O V) O 0 M M N N T- r- rl W H �I J W 13 U_ 2 0 231 2 y ZN LU U J O a.. 3 m Q J n ?0 DCO x 232 0) 00 0) 0) F- W W CD CO ■a It W 0 W Q U W J U_ LIJ J F- O O O U V) E1 Ln o LO o L o N N r- I - 233 z w Q w 0 w U J 0 Q z 0 U U) x O U- U) Q U LL O z O U) CL U rn OC W m 2 ui 1- 'CL uj Vl O 00 0) 0) F_ F_ W W CD U) ■ ❑ O O O O O O O O 00 CO 11' N T- V- c- 234 rn rn W z m w w a � W �W U cL W w �' C) 0 UL LLJ U 0 J z a o Q� a z � j w 0 Q O Q ~ � w N O 00 0 14, N O r- r- 235 F-' z W LL U W 0 LL UJ Z U ° 0 � � O U rn Q0) w Z m w a w Q J 0 0 0 0 0 0 0 LO M N T-- T N z U H z 0 z z 0 U U U. LL 236 CITY OF LA QUINTA DISPATCH INFORMATION / SEPTEMBER 1999 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS CODE 1: ROUTINE 8 860 CODE 3: EMERGENCY 0 0 237 Goal THE SCHOOL RESOURCE OFFICER GUIDE INDIO STATION RIVERSIDE COUNTY SHERIFF'S DEPARTMENT To work in partnership with City Government and the School Districts to provide a safe environment for learning that encourages the development of social responsibility among the students. Objectives • To decrease criminal problems through proactive identification of pending situations. • To provide for the enforcement of all pertinent laws and ordinances on campuses. This is not intended to be interpreted as enforcing school rules or policy. • To increase school staff and student understanding of law enforcement through interaction in informal situations and activities. • To provide informational resource services for students and staff as requested in areas of law enforcement expertise. • To participate actively in school affairs as a member of the school staff. • To provide assistance, as requested, in specific student cases. The School Resource Officer (SRO) does not assume the role of caseworker or counselor. • To provide assistance to students requesting counseling in areas of law enforcement concern. • To identify criminal trends affecting students and/or schools. • To identify habitual crime participants. Primary Activities As a means of achieving the objectives, the following activities may be expected. Take routine reports at assigned schools. Extensive reports such as child abuse, rape or sexual molest will not be routinely handled by the SRO due to time involved. Extensive investigations of burglaries or vandalism to the school may be done because of the likelihood of student involvement and the knowledge that the Resource Officer is likely to have as to possible suspects. Resource Officers will not generally handle calls at schools to which they are not assigned (other school locations). �38 Revised: 07/27/99 Counsel students headed toward crime or who are having problems because of crime somewhere in their lives. The SRO may assist school administrators by talking with certain troubled students who don't fit the normal criteria for law enforcement counseling. These are not students who are having difficulty with school rules, disrespect towards teachers, etc. The Resource Officer function is not to replace the school's disciplinarian or counseling staff. Provide law enforcement at the school site. The Resource Officer will be able to assist the school security staff in dealing with the student who is already a sophisticated criminal personality with manipulative or assaultive traits. This is not a school security role. This function relates primarily to criminal activity and not school rules. There will be some occasions where both issues are involved. The Resource Officer will exercise discretion in this area. Provide information on law enforcement and the criminal justice system to students. This aspect should be planned, either formally or informally. Specific classes should be scheduled. The SRO cannot be a substitute teacher when the regular teacher is not working. Informal discussions can occur as time permits. Resource Officers are available to talk to student clubs and groups that meet during their duty hours. Requests for other than duty hours need to be routed through the supervision sergeant at the Indio Station of the Sheriff's Department. Resource Offices may also assist school groups in obtaining specialized presentations or training such as rape prevention. The SRO function is not intended to proctor difficult classes that are displaying poor attitudes toward school staff. The Resource Officer will work with the school, if requested, to resolve any problems of this nature. The primary handlers will be the school staff in most cases. Identify crime trends affecting students and/or schools. The SRO is in an excellent position to see trends that develop which involve students and schools. Often these trends extend themselves into the community at large. The Resource Officer will work with the school to develop preventative measures where needed. The Resource Officer will also communicate the information to the appropriate units within the Sheriffs Department. Identify habitual crime participants. The SRO is also in an excellent position to identify students who habitually commit crimes or who have committed a specific crime. Students, including the offender, generally talk a lot about the crime(s) to other students. His area of responsibility overlaps many of the other areas and can range from minor 239 2 Revised: 07/27/99 problems such as trespassing on campus to visit friends to major crimes such as robbery or murder. Other activities. There will always be situations occurring that are not covered in the guidelines. The Resource Officer will decide on action based upon the overall intent of the position. For example, checking convenience stores near the school for truants would easily fall within the guidelines, but driving a student home because he became ill at school, or picking up a truant at home to bring to school, would not. Fiscal Considerations: Sworn peace officers are expensive. Some cities provide the SRO to the schools at the city's cost, some school districts fund the officer, and some share in the cost. The entity funding the program will be included in determining the operational parameters of the program. Procedures: The adoption of procedures tailored to the district may assist in limiting the number of conflicts between the operations of the law enforcement agency and the schools. Both groups tend to have limited knowledge of the operating protocol of the other. This is especially true in jurisdictions with multiple schools and Resource Officers. Established procedures can be very helpful. Schedules: SROs will notify the school administration of any time they will not be working as soon as they become aware of the schedule. This includes training, court, days off, etc. Contact by Schools: The SRO will establish a method whereby the school personnel will be able to establish immediate contact during working hours. Methodology includes sign out boards, pagers, security radios, etc. Reports: Reports will not normally be taken at schools to which the SRO is not assigned. If such a school contacts a Resource Officer directly, the SRO will either refer the school to Sheriffs Dispatch or call Dispatch for the school. Doing "favors" and "small reports" 440 Revised: 07/27/99 often results in the schools being confused and not knowing where to call. In the past, it has resulted in crimes not being reported for several days because the school was trying to contact a specific person. Resource Officers will use normal patrol criteria in deciding how or when to write a report. A file number will be pulled even if one was not assigned. Photographing Students: Any photos of students on school grounds will be in conjunction with a criminal investigation. The SRO will document school staff present when the photo is taken. Handling of Students: Resource Officers have the same broad range of options as patrol officers in dealing with offenders. Handling situations on campus will conform to the California Penal Code, Section 4. SROs who believe their initial involvement will be a deterrent to future problems are encouraged to "counsel and release" offenders. This includes those offenders who may be 18 chronologically, but not behaviorally. There is no requirement that offenders be physically arrested or have their cases sent to Juvenile Probation or alternative programs. A juvenile suspect may be arrested and taken to the Indio Station where he/she is counseled and released to a responsible adult without further action on the case. His may be appropriate for fighting or similar cases where a strong message to other students is desired, but where the incident does not warrant full system involvement. When an arrest is made on campus and the arrestee is a juvenile, the school is required to contact the parent. In some cases, the SRO may opt to contact the parent instead of having the school do it. If a parent is not readily available, the same measures will be taken as may be taken in patrol. The SRO is not bound to remain on duty until the parent can come to the station to discuss the case. If a student is removed from campus, the SRO will give school officials the information necessary for the completion of the school's form documenting the removal. If a case results in expulsion for the student involved, and the SRO is the only witness expected to be available for the expulsion hearing, the Resource Officer will complete the school's Declaration of Officer. This may then be used in the expulsion hearing rather than requiring the officer to be present. 241 4 Revised: 07/27/99 Confidentiality: Resource Officers know that the criminal activities or victimization of students is confidential. They will take care that the conversations in which they share the information with appropriate school staff are not likely to be overheard. Liaison with School Staff: Primary liaison will be with the school principal or his/her designee. Depending upon the school, the SRO may seldom see the principal. The same criteria for keeping the Indio Station Commander informed will apply to the school principal. The Resource Officer will let the principal know of situations that could generate calls from the public, press or parents. The SRO will keep documentation of all notifications. Extra Duty: Events occurring during non duty hours will normally require the school to contract for extra duty Deputies. The first slot on extra duty assignments at a school will be reserved for the SRO assigned to that school. If the Resource Officer does not want to work the extra duty it will be made available to other Sheriffs Deputies. The Role of Law Enforcement Administration: In the SRO program, regular liaison must be maintained between the Indio Station administration, the school principals, the school district personnel, and the contracting city government. Resource Officers may be asked by school officials to perform tasks that conflict with district policy, city rules and regulations, or Sheriff's Department policy. Law enforcement administrative involvement when the Resource Officer identifies a problem on campus, may be helpful later if the problem escalates to a public concern. In a program with more than one SRO, the lack of administrative involvement generally results in each school having a completely separate program that may or may not bear any resemblance to other programs. Resource Officers will be rotated every 2 to 3 years to a more traditional law enforcement assignment. This is to preserve their skills and mental focus as a trained and professional peace officer. 242 Revised: 07/27/99 Presented by: DEPARTMENT REPORT:_ City of La vuintaOft Fire Department Quarterly Report Doug McKain Battalion Chief 243 James M. Wright Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Beaumont �s Banning Calimesa Canyon Lake Coachella ro Desert Hot Springs Indian Wells Indio s4 Lake Elsinore La Quinta 4. Moreno Valley .. Palm Desert Perris Rancho Mirage San Jacinto 4+ Temecula Board of supervisors Bob Buster, District 1 John Tavaglione, District 2 Jim Venable, District 3 Roy Wilson, Dist ict 4 Tom Mullen, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (9W) 94D4M • FAX (9W) 940-%10 October 12, 1999 Honorable Mayor Pena and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Quarterly Report of Fire Department statistics for the City of La Quinta for July 1 through September 30, 1999. The report depicts the following highlights: Riverside County Fire Department units responded to a total of Attachments • Medical Aids • False Alarms • Building Fires • Vegetation Fires • Automatic Ringing False Alarm • Other Fires (vehicle, refuse, etc.) • Public Service Assists (non -emergency assistance) • Fire Menace Standby (fuel spill, gas leak etc.) 137 5 26 0 60 26 13 14 Respectfully submitted, James M. Wright Fire Chief /v y: g IcKKamattalChief 244 La Quinta City Fire Department Major Incidents Responses July 08, 1999 Structure Fire — Single family dwelling 76-990 Avenida Fernando MAJOR DAMAGE TO ATTIC AND BEDROOM Value of loss $ 100,000.00 Value of save $ 750,000.00 July 13, 1999 Structure Fire — Single family dwelling 44-850 Calle Placido TOTAL LOSS House, Automobile and contents Value of loss $ 275,000.00 Value of save $ 5,000.00 July 25, 1999 Structure Fire —Single family dwelling 52-310 Avenida Vallejo MINOR DAMAGE Roof, Garage, Automobile and contents Value of loss $ 3,000.00 Value of save $ 60,000.00 August 11, 1999 Structure Fire — Single family dwelling 53-425 Avenida Madero Exposure to second Single family dwelling MAJOR DAMAGE House, Garage and contents Value of loss $ 140,000.00 Value of save $ 150,000.00 August 13, 1999 Medical Response— 80-400 block Ave 52 Man impaled on fence September 01, 1999 Structure Fire — Single family dwelling 53-795 Avenida Cortez MAJOR DAMAGE Kitchen and contents Value of loss $10,000.00 Value of save $100,000.00 September 07, 1999 Structure Fire — Single family dwelling 77-811 Calle Sinaloa MINOR DAMAGE Garage and contents Value of loss $ 1,000.00 Value of save $125,000.00 September 25, 1999 Structure Fire — Single family dwelling 51-573 Avenida Obregon MAJOR DAMAGE Kitchen and contents Value of loss $ 20,000.00 Value of save $ 75,000.00 245 50 40 30 20 10 Fk Q � c a U- � m N U- .9 cn La Quinta City Fire Responses Quarterly Totals to m ll. C € G6 y 2 U- y N ,, C CO Q m � y G a cn �' 0- i- R July-99 ■ August-99 0 September-99 Jul -99 Au ust-99 Se ember-99 Totals Medical Aids 39 42 56 137 False Alarms 0 2 3 b Structure Fire 10 11 5 26 Vegetation Fires 0 0 0 0 Ringing Alarms 29 20 11 60 Other Fires 11 8 7 26 Public Service Assists 4 4 5 13 Fire Menace Standby 5 3 6 14 TOTALS 98 90 93 em 40 35 30 25 W 15 10 5 n La Quinta City Fire Responses Monthly Breakdown Medical Aids ■ False Alarms 0 Structure Fire 0 Other Fires ■ Ringing Alarms ■ Public Service Assists ■ Fire Menace Standby 7/1 /99 Jul -99 Medical Aids 39 False Alarms 0 Structure Fire 10 Other Fires 11 Ringing Alarms 29 Public Service Assists 4 Fire Menace Standby 5 247 45 40 35 30 25 20 15 10 5 0 La Quinta City Fire Responses Monthly Breakdown Medical Aids ■ False Alarms ❑ Structure Fire 13 Other Fires ■ Ringing Alarms ■ Public Service Assists ■ Fire Menace Standby 8/1 /99 Au ust-99 Medical Aids 42 False Alarms 2 Structure Fire 11 Other Fires 8 Ringing Alarms 20 Public Service Assists 4 Fire Menace Standby 3 248 .e 50 40 30 20 &I A La Quinta City Fire Responses Monthly Breakdown Medical Aids ■ False Alarms ❑ Structure Fire 13 Other Fires ■ Ringing Alarms ■ Public Service Assists ■ Fire Menace Standby 9/1 /99 Se tember-99 Medical Aids 56 False Alarms 3 Structure Fire 5 Other Fires 7 Ringing Alarms 11 Public Service Assists 5 Fire Menace Standby 6 qAR La Quinta City Quarterly Report Volunteer Responses Month Responses Non-u Responses ica Costs eep- ver Costs Jul -99 55 31 $274 $30 Au ust-99 51 79 $135 $15 Se tember-99 37 1 13 1 $349 $15 TOTALSI 143 1 123 1 $758 $60 Medical Aid Costs Sleep -Ovens Costs TOTALS COSTS PERCENTAGES e ® July-99 ■ August-99 0 September-99 ® July-99 ■ August-99 0 September-99 • Medical Aid ■ Sleep -Over 250 Board of Supervisors PROCLAMATION HONORING THE MEN AND WOMEN OF THE ASTERN DIVISION RIVERSIDE COUNTY FIRE DEPARTMENT-CALIFORNIA DEPARTMENT OF FORESTRY QW11E1ZEAS, ttdo men andawmm aoocrr77nwtd & awe `�aj&m {�oant� CZ- .YJe/FaW~-t Vao— ..YJe/Ea-C—a q/ am,67iwaUe 6exved awe c.Z.d cc%"'u Zviaorud.�ret iotaaGw vaAw andiweroiem,• ad WHEREAS, twe5� ,4 srz ad vo/ s�teeya o� a% baatez�c .�itiiaion �[c�wsadcde �'oecvrty a,,,. .00axGmea �� �r'faxtinent o�cS�wtect and oe�we awe o/2ianawo C/tige, C-eal. _96m ,, Om". O" .oa 44.4; C nd o; �oac%%lii, andand ,awe wstiotco�farate� ld- /faoonalia9n; anad WHEREAS, awe •16.tarve. A4.m,4 r" a. �yiaxlmext _9 fartment o` aWwbyq'' CZ. Cenatecti. /iaue cued awe !.;,lees v/ awormand y�xs+cdenta and 8aea® . awe 59.." W.&y and WHEREAS, awe Aaatem Jgn A 9oanty enc�e�gtwr�nent- 9-0-ma _00—tmt of C�� and C�rot®rtooe /— a "/"y k,&-y o/ mmmm alwm se1ancdatianda ~4 & m0cmd& any eme7moy oad and NO W, TH E IZE F() R E, .d awe aad..ry vented,4as Gy awe �onotituGan awe Sited cql& and do date oliWomta, a* do ,%re% eamme d de r/F`9�gPexa en�neere, /ia�wmted f d! jg y , t dqf and ld- -baW— �, �dvsxau% �'�° C.wcxe �giaxCmenC- .t��oa�nia .�,��t o� c�t�krxveGr� and cue c�ratectcan� oesyscae aGaae and Geld die oa�o� �vUen. di's soave. o/cV4 1,9.9,9 andex oan ,wanes! atawe 0 -baia. BOB BUSTER V3,NABLE � CHAIRMAN 44 -06t.a 1 TA - r aI 251 James M. Wright Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of. Beaumont G Banning 0 Calimesa 4. Canyon Lake S� Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta n Moreno Valley e• Palm Desert Perris 0 Rancho Mirage San Jacinto 0 Temecula Board of Supervisors Bob Buster, District 1 John Tavagiione, District 2 Jim Venable, District 3 Roy Wilson, District 4 Tom Mullen, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of ForestrY and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 October 12, 1999 Honorable Mayor Pena and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Street Construction Notification The process for notification of new streets is a triple check system: • During the planning process for new construction the Fire Department as well as the local city is part of the approval process. Notification is made to the local fire station, and the Fire Department Emergency Command Center (ECC) by the County Fire Planning and Engineering Department. • The ECC in turn sends a `Street Card' to the fire local station for verification of the street address and cross streets. The fire station then returns the `Street Card' to the ECC for entry into the Computer Aided Dispatch system. • Additionally, due to our close working relationship with La Quinta City Building and Safety Department, notifications are made from the city to the Fire Department Battalion Chief. In addition, the fire department many times receives notifications from contractors and repair crews for temporary road closures and street blockages. The Fire Department utilizes Thomas Brothers Map Company for all fire stations and equipment. Thomas Brothers Co. checks with local cities and counties for approved street construction, to update their maps annually. In La Quinta the Battalion Chief also makes annual notification to Thomas Brothers, and they in turn send advanced copies of future map books for local review. Respectfully submitted, James M. Wright Fire Chief By: g cKain attalion Chief 252 Tit,, 4 4 Qumz COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Public Hearing on Environmental Assessment 99-388, Specific Plan 99-038, and Site Development Permit 99-658, a Request to Certify a Mitigated Negative Declaration of Environmental Impact, Approve Development Principles and Guidelines for a 76,669 Square Foot Medical Center Complex on Six Acres and Approve Architectural and Landscaping Plans for a Two Story High Medical Office Building (Phase 1) Consisting of 47,890± Square Feet of Floor Area at the Northeast Corner of Washington Street and 48tn Avenue. Applicant: Eisenhower Medical Center and La Quinta Medical Development, Inc. RECOMMENDATION: Adopt Resolutions of the City Council: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Certifying a Mitigated Negative Declaration of Environmental Impact, subject to all mitigation measures; Approving Specific Plan 99-038, subject to the Findings and Conditions of Approval; and Approving Site Development Permit 99-658, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. C:\stan\sp 99-038 sdp 99-658 cc rpt.WPD 253 BACKGROUND AND OVERVIEW: Project History The subject property is on the north side of 48" Avenue, between Washington Street and Caleo Bay Drive (Attachment 1) and was created with the subdivision of Lake La Quinta to the east in 1989. In 1990, curb, gutter, sidewalk (adjacent to curb), and perimeter landscaping adjacent to Washington Street and 48t' Avenue, with curb and gutter installed adjacent to Caleo Bay Drive. The applicants received approval of Conditional Use Permit 92-003 in June, 1992, for a three story medical building with 74,500 square feet of floor space and 325 parking spaces on 4.5 acres of this site, adjacent to 48t'' Avenue. The project was intended to be the first phase of the development of 12 acres of land. That approval has since expired with no construction occurring. Parcel Map 27892 was approved in late 1993, and recorded in February, 1994, dividing the original 12 acres into four parcels. The current project is proposed on the southern two parcels. The finish grade of the site contains earth fill and varies from approximately two to four feet above the adjacent streets. The site is vacant except for some scattered desert shrubs. Perimeter landscaping consists primarily of palm trees, canopy trees, and lawn. Most of the lawn area is depressed and designed for storm water retention. Environmental Considerations Environmental Assessment 99-388 was prepared for proposed Specific Plan 99-038 and .Site Development Permit 99-658 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has recommended that a Mitigated Negative Declaration of Environmental Impact (attached to Environmental Assessment Resolution) be certified. Surrounding Zoning and Land Uses North: CR / vacant commercial land South: RL and G/ Golf Course and a residence in Rancho La Quinta Country Club East: RL / residences in Lake La Quinta West: RL / vacant residential land �V; CAstan\sp 99-038 sdp 99-658 cc rpt.WPD Specific Plan Project Request The specific plan provides principals and guidelines for the development of the 76,669 square foot, two building complex. As well as containing proposed plans, the specific plan includes principals, guidelines, and statements for utilities, architecture, landscaping, and operation of the use (Attachment 2). As part of the specific plan, two deviations to Zoning Code requirements are requested. Section 9.90.040, Table 901, requires that within 150 feet of Washington Street, buildings cannot exceed 22 feet in height (see page 12 of specific plan text). The west end of the building is stepped with the two story element of the Phase One building setback 131.6 feet from curb. This 18.4 foot deviation is for the southern half of the building only. The northern half is only 10 inches short of the requirement. The Phase Two building will exceed the 150 foot setback requirement from the curb. The 16 foot high one story portion of the building is approximately 1 17.6 feet from curb. The Zoning Code requires 435 parking spaces for the entire project: 422 spaces are provided, a reduction of 3% from the required number (see page 15 of specific plan text) and 435 spaces can be provided in the plan. The reduction is to provide additional landscaping around the building and walkways between the covered parking aisles. The specific plan has provided standards more restrictive than allowed by the Zoning Code. The building height is restricted to 36 feet within two stories rather than the 50 feet and four stories allowed. Permitted uses are restricted to medical and general office uses, and limited retail uses common to medical offices. Site Development Permit Project Request The initial Phase One construction proposed by the site development permit will be on the southern four acres of the six acre site and consist of a two story structure with 47,894 square feet of floor space and 262 parking spaces. The placement of the long side of the building is on a east -west axis and combination of one and two story elements on the west end of the building is to reduce the visual impact on the residences in Lake La Quinta. Access to the project will be from Caleo Bay Drive (full turns) and 48' Avenue (right in and out only). The rectangular building will be laid out on a east -west axis with minimum setbacks from street curb approximately 118 feet from Washington Street, 182 feet from 48Ih Avenue, and 154 feet from Caleo Bay Drive. iw C:\stan\sp 99-038 sdp 99-658 cc rpt.WPD ' , rR The trash, delivery/loading space, and screened outdoor mechanical area are located on the west end of the building away from the closest residences in Lake La Quinta. The mechanical area is behind a plaster wall and trellis, while the loading and trash area is to the south behind a solid gate. Exterior parking lot lighting is stated in the specific plan to be compatible in design with excessive brightness avoided. The plan proposes a maximum 24 foot high light standard with flush mounted lenses. The plans do not indicate specific pole locations or light specifications. The two story, 33 foot high building will primarily have a mansard roof covered with red blend two piece clay tile. The building walls will be clad with an off-white smooth trowel mission plaster and use bullnosed (rounded) corners. An arched plaster arcade extends along most of the north and south building elevations. A matching false arcade will be provided along portions of the east and west building sides. The windows are steel sash multi -pane and inset 8" from the exterior wall. Stucco surrounds are provided around the windows with the exception of the bottom of the first floor windows which align with the top of a three foot high beige plaster building base. The east and west ends of the building will be stepped with the first story portion having a parapet wall at approximately 16 feet high. There will be some use of trellis' on the first floor roof, although there will be no access for tenants to this area. The main building entries, located in the center of the north and south sides, includes a 35 foot high gable roof tower with two shorter flanking hipped towers. These towers will be approximately 32 feet in height. The entry tower includes the use of a brown wood lintel above the first floor entry and a wood sill on the second floor balcony. Carports will be provided for portions of the parking lot with the design compatible with the building. Materials will consist of steel beam supports with wood covering with colors matching those used in the building. The landscaping proposed utilizes a plant palette consisting of citrus, palm, and canopy trees, bougainvillea vines, and flowering shrubs. The existing perimeter landscaping will be retained and enhanced with new planting. Fifteen foot high date palm trees will be used at the driveways and between the two building, and at the building entries. The specific plan states citrus trees in a grove pattern similar to Rancho La Quinta will be provided on Washington Street. A temporary five foot high hedge will be planted on the north edge of the Phase One construction. The street perimeter will be screened with a 42 inch high plaster wall with a brick cap to match the building. This wall will be accented with bougainvillea. 25$ C:\stan\sp 99-038 sdp 99-658 cc rpt.WPD , .` 1J..*.A� Public Notice The Specific Plan and Site Development Permit applications were advertised in the Desert Sun newspaper on October 11, 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. Architecture and Landscaping Review Committee (ALRC) Action The ALRC reviewed this request at its meeting of October 7, 1999, (Attachment 3) and recommended approval of the Phase One construction proposed by Site Development Permit 99-658, subject to conditions of approval recommended by staff (Condition #54). Additionally, a condition is recommended that the use of Date Palms in pedestrian areas and Ash trees in the parking lot be restudied to insure the trees are appropriate and maintained properly (Condition #27). Planning Commission Review The Planning Commission reviewed this request at its meetings of October 12, 1999 (Attachment #4). The Planning Commission, after discussion of the project, adopted Resolutions 99-071, -072, and -073, recommending approval of the environmental assessment, specific plan, and site development permit, respectively, subject to conditions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Resolutions of the City Council: Certifying a Mitigated Negative Declaration of Environmental Impact, subject to all mitigation measures; Approving Specific Plan 99-038, subject to the Findings and Conditions of Approval; and Approving Site Development Permit 99-658, subject to the Findings and Conditions of Approval; or r7 C:\stan\sp 99-038 sdp 99-658 cc rpt.WPD 2. Do not adopt the resolutions approving Environmental Assessment 99-388, Specific Plan 99-038, and Site Development Permit 99-658; 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. Specific Plan Document ( City Council only) 3. Architecture and Landscaping Review Committee minutes for the meeting of October 7, 1999 4. Planning Commission minutes for the meeting of September 28, 1999 258 CAstan\sp 99-038 sdp 99-658 cc rpt.WPD J RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SPECIFIC PLAN 99-038 AND SITE DEVELOPMENT PERMIT 99-658 ENVIRONMENTAL ASSESSMENT 99-388 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC WHEREAS, the City Council of the City of La Quinta, California, did, on the ,2ND day of November, 1999, hold a duly -noticed Public Hearing as requested by EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. on the environmental analysis for Specific Plan 99-038, and Site Development Permit 99-658, located at the northeast corner of Washington Street and 48th Avenue, more particularly described as: APN 617-200-001 AND 002 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 99-388) and has determined that although the proposed project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures are being made conditions of approval for Environmental Assessment 99-388, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, the La Quinta City Council did find the following facts to justify certification of said Environmental Assessment: 1. The proposed Specific Plan and Site Development Permit will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures. 2. The proposed Specific Plan and Site Development Permit will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the implementation of mitigation measures. 3. The proposed Specific Plan and Site Development Permit will not have impacts which are individually limited but cumulatively considerable when considering planned for proposed development in the immediate vicinity. 259 PAcc res ea 99-388.wpd "� Resolution 99- Environmental Assessment 99-388 4. The proposed Specific Plan and Site Development Permit will not have environmental effects that will adversely affect human health, safety, and welfare, either directly or indirectly, with the implementation of mitigation measures. WHEREAS, the Planning Commission of the City of La Quinta did on the 28th day of September, 1999, hold a duly noticed Public Hearing and adopted Planning Commission Resolution 99-071, recommending certification of a Mitigated Negative Declaration of Environmental Impact; and, 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 99-388 for proposed Specific Plan 99-038 and Site Development Permit 99-658, provided all mitigation measures are complied with, per the attached Initial Study. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2ND day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 260 P:\cc res ea 99-388.WDd Environmental Checklist Form (EA 99-388) 1. Project Title: La Quinta Family Medicine Center Specific Plan (SP 99-038) Site Development Permit 99-658 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Stan Sawa 760-777-7125 4. Project Location: Northeast corner of Washington Street and Avenue 48. 5. Project Sponsor's Name and Address: La Quinta Family Medicine Center c/o Dudek & Associates 73-150 Sheryl Ave., Suite C Palm Desert, CA 92211 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.) 0 10 Specific Plan establishing development standards for a 6f acre site. The first phase of development will include 47,894 square feet of medical office space in one two-story structure. The second phase allows the construction of another two-story building totaling 28,775 square feet. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. The project occurs on the western boundary of the Lake La Quinta Project. Lands to the east have developed as single family residential; lands to the south are developed as golf course and single family residential. Lands to the west and across Washington Street, and to the north are vacant desert. . Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) EA 99-388/Enviromnental Checklist Form.wpd ! a v 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 Aesthetics Water Hazards Cultural Resources X Air uali Noise Recreation Mandato 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. 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 fmd 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 Printed Name Date For 262 EA 99-388/Environmental Checklist Form.wpd 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 XVH, `Earlier Analyzes," may be cross-referenced). 5) Earlier analyzes 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 analyzes 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. EA 99-388/Environmental Checklist Form.wpd 263 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 of zoning? (General Plan Land Use Map) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact b) Conflict with applicable environmental plans or policies adopted by X agencies with jurisdiction over the project? (General Plan EIR, p. 4-1 c) Be incompatible with existing land use in the vicinity? (General Plan X Land Use Map, Figure 4, Existing Site Conditions of Specific Plan) d) Affect agricultural resources or operations (e.g., impacts to soils or X farmlands, or impacts from incompatible land uses)? (General Plan EIR, e) Disrupt or divide the physical arrangement of an established X community (including a low-income or minority community)? (Figure 4, Existing Site Conditions of Specific Plan) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X (General Plan Master Environmental Assessment, p. 2-32 ff.) 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)? (General Plan Goal 2-3, Objective 2-3.1, and policies c) Displace existing housing, especially affordable housing? (Figure 4, X Existing Site Conditions of Specific Plan) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (General Plan EIR, Exhibit 4.2-3, page 4-35) EA 99-388/Environmental Checklist Fonn.wpd X 264 �1� Issues (and Supporting Information Sources): b) Seismic ground shaking? (General Plan EIR, page 4-30 ff.) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact c) Seismic ground failure, including liquefaction? (General Plan EIR, X Exhibit 4.2-3, page 4-35 and page 4-30 ff.) d) Seiche, tsunami, or volcanic hazard? (General Plan EIR, page 4-30 X 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) g) Subsidence of the land? (General Plan EIR, page 4-43) h) Expansive soils? (General Plan EIR, page 4-40 to 43) i) Unique geologic or physical features? (General Plan, page 8-7) IV. WATER. Would the proposal result in: M�= MaM= a) Changes in absorption rates, drainage patterns or the rate and amount X of surface runoff? (Specific Plan p. 16 ff. and Exhibit 10) b) Exposure of people or property to water related hazards such as X flooding? (General Plan EIR, Exhibit 4.3-1, page 4-53) c) Discharge into surface waters or other alteration of surface water X quality (e.g. temperature, dissolved oxygen or turbidity)? (Specific Plan document, p. 16 ff.) d) Changes in the amount of surface water in any water body? (Specific X Plan document, p. 21; letter from CVWD dated June 3, 1999) e) Changes in currents, or the course or direction of water movements? X (General Plan EIR, page 4-51 ff.) EA 99-388/Enviromnental Checklist Form.wpd f 265 t3 13 V. VI. 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? (General Plan EIR, page 4-55 ff.) g) Altered direction or rate of flow of groundwater? (General Plan EIR, I I I X page 4-55 ff.) h) Impacts to groundwater quality? (General Plan EIR, page 4-57 ff.) i) Substantial reduction in the amount of groundwater otherwise 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 projected air quality violation? (General Plan EIR, page 4-171 ff.) b) Expose sensitive receptors to pollutants? (Project Description, Specific Plan document) MMM c) Alter air movement, moisture, or temperature, or cause any change in X climate? (General Plan MEA, page 5-33 ff.) d) Create objectionable odors? (Project Description, Specific Plan document) TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Endo Engineering, "Traffic Impact Study," June, 1999) b) Hazards to safety from design features (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? (Endo Engineering, "Traffic Impact Study," June, 1999) c) Inadequate emergency access or access to nearby uses? (Specific Plan Site Plan) d) Insufficient parking capacity on -site or off -site? (Specific Plan Site Plan) MMME MMMM '�14 266 EA 99-388/Environmental Checklist Form.wpd Issues (and Supporting Information Sources): Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact e) Hazards or barriers for pedestrians or bicyclists? (Specific Plan Site X Plan) f) Conflicts with adopted policies supporting alternative transportation X (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 (including X 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)? (Dudek & X Associates, Black -tailed Gnatcatcher Habitat Assessment, September 1999) c) Locally designated natural communities (e.g., oak forest, coastal X habitat, etc.)? (Dudek & Associates, Black -tailed Gnatcatcher Habitat Assessment, September 1999) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? (General X Plan EIR, Exhibit 4.4-1, page 4-69) e) Wildlife dispersal or migration corridors? (General Plan EIR, page 4- X 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.) MMMP- W-MME 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? EA 99-38nnvironmental Checklist Form.wpd �.: 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)? (Specific Plan Project Description) b) Possible interference with an emergency response plan or emergency X evacuation plan? (General Plan MEA, page 6-27 ff.) c) The creation of any health hazard or potential health hazard? X (Specific Plan Project Description) d) Exposure of people to existing sources of potential health hazards? X (Specific Plan Project Description) e) Increased fire hazard in areas with flammable brush, grass, or trees? X (Specific Plan Project Description) NOISE. Would the proposal result in: a) Increases in existing noise levels? (Endo Engineering, Noise Impact X Study, June 1999) b) Exposure of people to severe noise levels? (General Plan MEA, page X 6-15 ff., Endo Engineering, Noise Impact Study, June 1999) 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) e) Other governmental services? (General Plan MEA, page 4-14 ff.) EA 99-388/Environmental Checklist Form.wpd A 268 Issues (and Supporting Information Sources): 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) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact M�m c) Local or regional water treatment or distribution facilities? (General X 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) D 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: M�m rM M a) Affect a scenic vista or scenic highway? (General Plan Exhibit CIR- X 5) b) Have a demonstrable negative aesthetic effect? (General Plan EIR, X page 5-12 ff.) c) Create light or glare? (Specific Plan Project Description) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Paleontological Lakebed Determination Study, Community Development Department) b) Disturb archaeological resources? (General Plan MEA, Aerial Photograph) M�m U17 EA 99-388/Environmental Checklist Form.wpd ,J 2 Issues (and Supporting Information Sources): Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact c) Affect historical resources? (General Plan MEA, Aerial Photograph) X d) Have the potential to cause a physical change which would affect X unique ethnic cultural values? (General Plan MEA, Aerial Photograph) e) Restrict existing religious or sacred uses within the potential impact X area? (General Plan MEA, Aerial Photograph) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other X recreational facilities? (Specific Plan Project Description) b) Affect existing recreational opportunities? (General Plan, Exhibit X 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? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively 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 directory or indirectly? EA 99-388Bnvironmental Checklist Form.wpd 270 10 XVII. 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 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. uJL44 EA 99-388/Environmental Checklist Form.wpd IF 271 Addendum to Environmental Checklist, EA 99-388 III.a),b) & c) III. g) & h) IV.a),b) & c) IV 01 g) h)&i) The City is located in a seismically active area. The proposed Specific Plan is located in a Zone III groundshaking zone, within one mile of 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 less than significant level. Construction of the proposed 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. The proposed project does not occur in an area susceptible to subsidence or expansive soils. In addition, the provisions of item IHJ), above, will ensure that potential impacts are reduced to a less than significant level. Construction of the proposed project will reduce the amount of land available for absorption of water into the ground, and has the potential to increase surface runoff, as well as degrade the quality of such runoff. Leakage from automobiles onto parking lots can cause surface water pollution. It is not expected that the quantity of leakage at the project site will represent a significant impact. The Specific Plan is part of the Lake La Quinta Master Drainage Plan, previously approved for this area. A storm drainage inlet occurs at the intersection of Caleo Bay and Via Florence. The project site will enter the storm drain system at this location, and flows will be carried to Lake La Quinta. In addition, two dry wells are proposed for the southwest portion of the site, to infiltrate in the retention swales located along Washington Street. The City Engineer shall review all drainage improvements to insure that their capacity is sufficient to accommodate on -site flows during a 24 hour, 100 year storm. In addition, the City maintains standards for the installation of additional devices to reduce the potential impacts of oil or other chemicals which may occur at the site. The project proponent shall secure approval from the City engineer for all drainage facilities prior to the issuance of a grading permit. This will reduce the potential hazard associated with increased runoff to a level of insignificance. The proposed project will construct medical office space, which has a low consumption rate of domestic water. In addition, the impacts of the project were previously analyzed under the 1992 General Plan EIR. Impacts to water resources were determined at that time to be mitigated for the proposed project. The City also implements water conserving and, as discussed above, water protection measures. Such measures shall reduce the potential impacts to groundwater quality and quantity to a less than significant level. v '�'+o EA 99-388/Environmental Checklist Fonn.wpd 12 27? V. a) & b) VI. a) &b) The implementation of commercial land uses on the project site was analyzed under the 1992 General Plan EIR. City-wide, impacts to air quality are expected to continue as buildout occurs. Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or transit route improvements in the future have the potential to reduce impacts. The City determined at the time of certification of the General Plan EIR 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 significant impact on air quality resources. 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 proposed project will not take access from Washington Street, but from Caleo Bay and Avenue 48. The total estimated traffic generation is estimated to be 2,770 daily trips, of which 186 are expected during the morning peak hour, and 280 during the evening peak hour. The improvements required with or without project implementation include the signalization of Caleo Bay and Avenue 48 under year 2020 conditions. The type of development proposed in the Specific Plan was also considered during review of the City's General Plan in 1992, 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. 2. 3. ,I r The proposed internal circulation layout shall be subject to the review and approval of the City Engineer to insure compliance with City minimum access and design standards. Off-street parking shall be provided in conformance with the requirements of the La Quinta Municipal Code. Sidewalks and streetlights shall be installed on -site as specified by the City. A STOP sign will control exiting site traffic and clear unobstructed sight distances shall be provided at both site driveways. "La Quinta Family Medical Center Specific Plan Traffic Impact Study," Endo Engineering, June 23, 1999. EA 99-388/Environmental Checklist Forrn.wpd 13 '0- 273 5. 7. With the construction of Phase I, the project proponent shall provide (at a minimum), the lane geometrics shown in figure VI-2 of the Traffic Impact Study. The project proponent shall contribute his fair share to the installation of a traffic signal, when warranted, at the intersection of Avenue 48 and Caleo Bay. 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) & b) The site occurs within an area designated as potential habitat for the Black -tailed Gnatcatcher. A site -specific biological survey for Black -tailed Gnatcatcher was performed for the proposed site'. The survey found that the site is not appropriate for gnatcatcher habitat. The site is also within the Habitat Conservation Plan fee area for the Coachella Valley Fringe -toed Lizard. The mandated $600 fee per acre (now $100 fee per acre) was paid prior to original grading of the site. This mitigation measure reduced impacts to biological resources to a level of insignificance. X. a) The Washington Street corridor is an impacted noise commercial street. The proposed project is not considered a sensitive receptor, and must meet a exterior noise level of 75 dBA CNEL. A noise analysis was performed for the proposed project'. The study found that noise levels of 72.2 CNEL currently occur at 50 feet from the centerline of Avenue 48 east of Washington Street. Project impacts to noise levels, with proposed mitigation measures, will not, however, represent a significant increase in noise levels. The primary noise impacts will occur due to vehicular traffic. In addition, short-term construction impacts may occur. The study also reviewed the potential impacts to the sensitive receptors located east of the project (residential land uses), and found that the impacts to those receptors will not be significant. "Black -tailed Gnatcatcher Habitat Assessment" Dudek *& Associates, September 27, 1999. .3 "La Quinta Family Medical Center Specific Plan Noise Impact Study." Endo Engineering, June 25, 1999. 27 EA 99-388/Environmental Checklist Form.wpd 14 The following mitigation measures included in the noise impact study will be implemented as part of this project: XI. XH. XIV. During construction activities, the following mitigation measures shall be implemented: 1. 2. 0 4. Construction activities shall be limited to the hours of 6 a.m. To 7 p.m. (Monday through Friday) and 8 a.m. to 5 p.m. On Saturdays. Construction shall not be allowed on Sundays and holidays. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. Every effort shall be made to keep the greatest distance possible between sensitive noise receptors and construction activities. During operation of the proposed project, the following mitigation measure shall be implemented: 1. Refuse receptacle locations and enclosures and air conditioning units shall be carefully located to minimize potential impacts to sensitive receptors. All public services were analyzed for potential impacts during the review of the 1992 General Plan. Impacts of the proposed project were included in this review. No significant impact to public services is expected from the proposed project. All utilities were analyzed for potential impacts during the review of the 1992 General Plan. Impacts of the proposed project were included in this review. No significant impact to utilities is expected from the proposed project. The proposed project occurs along the Washington Street corridor, designated a Primary Image Corridor in the General Plan. The City has established standards for structural setbacks within such corridors, which will be met by the proposed project. No significant impacts are expected to result from the project to the aesthetic environment. The proposed project site has previously been graded and capped, and is severely impacted. No significant cultural or historic resources are expected to occur on the site. In addition, the site occurs outside the traditional boundary of Ancient Lake Cahuilla, as delineated on the maps available at the Community Development Department. Impacts to cultural resources are expected to be less than significant. EA 99-388/Environmental Checklist Form.wpd 15 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC 'PLAN DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A 76,669 ± SQUARE FOOT MEDICAL COMPLEX CASE NO.: SPECIFIC PLAN 99-038 APPLICANT: EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC WHEREAS, the City Council of the City of La Quinta did on the 2ND day of November, 1999, hold a duly noticed public hearing to consider the request of Eisenhower Medical Center and La Quinta Medical Development, Inc., for approval of development principals and guidelines for a 76,669 ± square foot medical complex for a Specific Plan, located at the northeast corner of Washington Street and 48th Avenue, more particularly described as: APN 617-200-001 AND 002 WHEREAS, the Planning Commission of the City of La Quinta did on the 281h day of September, 1999, hold a duly noticed Public Hearing and adopted Planning Commission Resolution 99-072, recommending approval of Specific Plan 99-038, subject to conditions; and, WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 99-388), and determined that the proposed Specific Plan will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; 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 the 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 mixed regional commercial uses, including medical and professional offices, and is under the floor area ratio maximum of .35. P:\STAN\sp 99-038 cc res .wpd Resolution 99- Specific Plan 99-038 2. The Specific Plan, subject to conditions will not create conditions materially detrimental to the public health, safety, and general welfare in that development allowed under the Specific Plan is compatible with existing uses and development standards contained in the Specific Plan will ensure high quality development. Adequate parking, even with a 3 + % reduction, will be provided as well as additional landscaping around the Phase One construction. 3. The Specific Plan will provide land use compatibility with zoning on adjacent properties in that the project principles and guidelines ensure that the proposed adjacent residential uses will not be negatively impacted and may service those uses. 4. The Specific Plan project is suitable and appropriate for the project in that it easily assessable to surrounding neighborhoods, is adjacent to two arterial streets, and is designed in a compatible manner. 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 approve the above -described 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 2ND day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 277 �tiJ Resolution 99- Specific Plan 99-038 ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California n.N n� Ann__ nn n110 .... --- ...._J RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 GENERAL 1. 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. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. 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 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. P:\STAN\sp 99-038 cc coa.wpd t) 2- 7 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 3. Up to four additional parking spaces may be removed, if needed for access to the delivery/loading*space. 4. Prior to issuance of first grading permit or building permit, whichever comes first, the specific plan shall be revised to incorporate all conditions of approval. Conditions shall be placed in applicable section of the text and not just listed. Five copies of the approved revised plan shall be submitted to the Community Development Department. 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. 5. 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 (and Parking Areas) & 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. 6. 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. 7. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans for public improvements 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 of2SO improvements, the applicant shall update the files to reflect as -constructed conditions. ..� 3 P:\STAN\sp 99-038 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 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. IMPROVEMENT AGREEMENT 8. Depending on the timing of development of the lots or parcels and the status of off -site improvements at that time, 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 their construction by the applicant, the applicant shall reimburse the City for the cost of those improvements prior to issuance of a grading or construction permit. 9. 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. 10. 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 security provided for those improvements. GRADING 11. 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. 12. Slopes shall not exceed 5:1 within public rights -of -way and 3:1 in landscape 281 areas outside the right of way unless otherwise approved by the City Engineer. P:\STAN\sa 99-038 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 13. The applicant shall endeavor to minimize differences in elevation at abutting properties. Building pad elevations on contiguous lots shall not differ by more than three 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. 14. 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. 15. 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. 16. 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 17. Stormwater handling shall conform with the approved hydrology and drainage plan for Tentative Tract 24230 (Lake La Quinta). 18. Nuisance water shall be disposed of on -site in facilities designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. UTILITIES 19. 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. 28" U0 P:\STAN\sD 99-038 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 20. 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. STREET AND TRAFFIC IMPROVEMENTS 21. 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.) a. Traffic Signals - Participate in the cost of traffic signals at the Caleo Bay intersections with Avenue 47 and Avenue 48 proportionate to this property's share of the Regional Commercial -zoned property abutting Caleo Bay. 22. General access points and turning movements of traffic are limited to the following: a. Caleo Bay - One 26-foot drive located approximately 325 feet north of the north curbline of Avenue 48 - full turn access allowed. b. Avenue 48 - One 28-foot right -turn -only drive centered approximately 318 feet east of the east curbline of Washington Street. 23. 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). 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" 24. 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 2s recent (less than six months old at the time of construction) aggregate gradation P:\STAN\so 99-038 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. LANDSCAPING 25. The applicant shall provide landscaping in required setbacks, retention basins, and common areas. 26. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 27. 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. PUBLIC SERVICES 28. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 29. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 30. 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. 284 P:\STAN\sp 99-038 cc coa.wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 31. 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. 32. 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. MAINTENANCE 33. 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. FEES AND DEPOSITS 34. 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. 35. Prior to issuance of building permit, the required school mitigation fee shall be paid. 36. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. ENVIRONMENTAL 37. All mitigation measures of EA 99-388, on file in the Community Development Department, shall be complied with as required. FIRE DEPARTMENT 38. Provide or show there exists a water system capable of delivering 3000 gpm for a 4 hour duration at 20 psi residual operating pressure which must be 285 available before any combustible material is placed on the job site. 1 r1 p:\stan\sp 99-038 pc coa.wpd 1 01 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA O.UINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 39. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2-1 /2" x 2-1 /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. 40. 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. 41. Prior to the issuance of a building permit, if any, 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". 42. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 43. 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. Scaled drawings shall be submitted fro review and approval by the Fire Department. 44. Install a complete fire sprinkler system per NFPA 13. 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. 45. 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 and Engineering Office for submittal requirements. 46. Install hood/duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department, for review. p:\stan\sp 99-038 pc coa.wpd v Us RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-038 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 47. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. 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. 48. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Contact certified extinguisher company for proper placement of equipment. 49. Final conditions will be addressed when the building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. 50. Install a supervised water flow fire system as required by the UBC/Riverside County Fire Department and National Fire Protection Standard 72. LIGHTING: 51. Within 100 feet of the Caleo Bay Drive curb (west side of the street), all light standards shall not exceed 18 feet in total height. All lights fixtures shall be recessed into or be flush with the fixture and be shielded as required by the Community Development Department. p:\stan\sp 99-038 pc coa.wpd i7 03 .- t;o; t 07 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A TWO STORY HIGH MEDICAL OFFICE BUILDING (PHASE 1) CONSISTING OF 47,890 ± SQUARE FEET OF FLOOR AREA CASE NO.: SITE DEVELOPMENT PERMIT 99-658 APPLICANT•: EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC WHEREAS, the City Council of the City of La Quinta did on the 2ND day of November, 1999, hold a duly noticed public hearing to consider the request of Eisenhower Medical Center and La Quinta Medical Development, Inc., for approval of construction plans for a two story high medical office building (Phase One) consisting of 47,890 ± square feet of floor area in the CR zone, located at the northeast corner of Washington Street and 481h Avenue, more particularly described as: A Portion of APN 617-200-001 AND 002 WHEREAS, the Planning Commission of the City of La Quinta did on the 28th day of September, 1999, hold a duly noticed Public Hearing and adopted Planning Commission Resolution 99-073, recommending approval of Site Development Permit 99-658, subject to conditions; 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 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 99-388), and determined that the proposed Specific Plan will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; 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 Planning Commission did find the following facts and reasons to justify the approval of the Specific Plan: 1 . The project is consistent with the General Plan and Zoning Code in that the use is permitted in the CR District and has been designed to comply with the applicable specific plan, CR District and development standards. 288 P:\STAN\sdp 99-658 cc res .wpd RESOLUTION 99- SITE DEVELOPMENT PERMIT 99-658 2. Environmental Assessment 99-388 for proposed Site Development Permit 99- 658 has been prepared in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has recommended that a Mitigated Negative Declaration of Environmental Impact be certified. 3. With the recommended conditions of approval, the architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the city in that the proposed construction is Spanish in nature which is compatible with the surrounding residential design, materials and colors, subject to conditions of approval. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city in that design elements have been conditioned and coordinated to ensure compatibility between surrounding residences, proposed buildings and pedestrian elements. This includes placement of the long side of the building on a east -west axis to reduce visual impact on residential uses to the east. 5. With the recommended conditions of approval, project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, will provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence, to enhance the visual continuity of the project in that proposed landscaping has been designed to complement surrounding planting while enhancing the project area and ensuring low maintenance and water use. 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 approve the above -described request for the reasons set forth in this Resolution, subject to the attached conditions. 28 Lj 31; P:\STAN\sdp 99-658 cc res .wpd RESOLUTION 99- SITE DEVELOPMENT PERMIT 99-658 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2ND day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 200 038 P:\STAN\sdp 99-658 cc res .wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 99-658, unless otherwise amended by the following conditions. 2. The approved Site Development Permit shall be used within one year of the date of approval, otherwise, it shall become null and void and of no effect whatsoever. A time extension may be granted pursuant to Zoning Code requirements. 3. 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. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. 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 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 Z� P:\STAN\sdp 99-658 cc coa.wpd 039 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 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. 5. The Phase two building shall be reviewed and approved by the Planning Commission as an amendment to this Site Development Permit prior to issuance of a building permit for the Phase Two building. 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. 6. 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 (and Parking Areas) & 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. 7. 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. 8. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans for public improvements 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. ,) RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 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. IMPROVEMENT AGREEMENT 9. Depending on the timing of development of the lots or parcels and the status of off -site improvements at that time, 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 their construction by the applicant, the applicant shall reimburse the City for the cost of those improvements prior to issuance of a grading or construction permit: 10. 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. 11. 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 security provided for those improvements. GRADING 12. 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. 13. Slopes shall not exceed 5:1 within public rights -of -way and 3:1 in landscape 293 areas outside the right of way unless otherwise approved by the City Engineer. 041. RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 14. The applicant shall endeavor to minimize differences in elevation at abutting properties. Building pad elevations on contiguous lots shall not differ by more than three 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. 15. 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. 16. 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. 17. 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 18. Stormwater handling shall conform with the approved hydrology and drainage plan for Tentative Tract 24230 (Lake La Quinta). 19. Nuisance water shall be disposed of on -site in facilities designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. UTILITIES 20. 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. 29 P:\STAN\sdp 99-658 cc coa.wpd 042 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 21. 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. STREET AND TRAFFIC IMPROVEMENTS 22. 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.) a. Traffic Signals - Participate in the cost of traffic signals at the Caleo Bay intersections with Avenue 47 and Avenue 48 proportionate to this property's share of the Regional Commercial -zoned property abutting Caleo Bay Drive. 23. General access points and turning movements of traffic are limited to the following: a. Caleo Bay Drive- One 26-foot drive located approximately 325 feet north of the north curbline of Avenue 48 - full turn access allowed. b. Avenue 48 - One 28-foot right -turn -only drive centered approximately 318 feet east of the east curbline of Washington Street. 24. 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). 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" 25. 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 gradation29 7 P:\STAN\sdp 99-658 cc coa.wpd 1,43 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. LANDSCAPING 26. The applicant shall provide landscaping in required setbacks, retention basins, and common areas. 27. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. Preliminary landscaping and final landscaping, hardscape, and irrigation plans, substantially conforming to this approval shall be submitted to the Community Development Department for approval prior to submission of plans to the Building and Safety Department and Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. The use of Date Palm Trees around pedestrians areas shall be studied due to crown drop potential, and the use of Ash Trees in the parking lot shall be studied due to invasive root growth. 28. 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. PUBLIC SERVICES 29. The applicant shall provide public transit improvements as required by Sunline Transit and/or the City. QUALITY ASSURANCE 30. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 31. 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. 2 96 (144 P:\STAN\sdp 99-658 cc coa.wpd RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 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 methods comply with plans, specifications and applicable regulations. 33. 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. MAINTENANCE 34. 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 ribsponsibility by the appropriate public agency. FEES AND DEPOSITS 35. 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. 36. Prior to issuance of building permit, the required school mitigation fee shall be paid. 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 ENVIRONMENTAL 38. All mitigation measures of EA 99-388, on file in the Community Development Department, shall be complied with as required. FIRE DEPARTMENT 39. Provide or show there exists a water system capable of delivering 3000 gpm for a 4 hour duration at 20 psi residual operating pressure which must be 29 available before any combustible material is placed on the job site. P:\STAN\sdD 99-658 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 40. A combination of on -site and off -site Super fire hydrants, on a looped system (6" x 4" x 2-1 /2" x 2-1 /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. 41. 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. 42. Prior to the issuance of a building permit, if any, 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". 43. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 44. 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. Scaled drawings shall be submitted fro review and approval by the Fire Department. 45. Install a complete fire sprinkler system per NFPA 13. 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. 46. 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 and Engineering Office for submittal requirements. 47. Install hood/duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department, for review. 298 48. Install Knox Key Lock boxes, Models 4400, 3200 or 1300, mounted per recommended standard of the Knox Company. 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. ,l 4 c� P:\STAN\sdp 99-658 cc coa.wod RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-658 EISENHOWER MEDICAL CENTER AND LA QUINTA MEDICAL DEVELOPMENT, INC. NOVEMBER 2, 1999 49. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1 OBC in rating. Contact certified extinguisher company for proper placement of equipment. 50. Final conditions will be addressed when the building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. 51. Install a supervised water flow fire system as required by the UBC/Riverside County Fire Department and National Fire Protection Standard 72. LIGHTING 52. Within 100 feet of the Caleo Bay Drive curb (west side of the street), all light poles shall not exceed 18 feet in total height. Other light poles shall not exceed 24 feet in total height. All lights fixtures shall be recessed into or be flush with the fixture and be shielded as required. A photometrics parking lot lighting plan shall be approved by the Community Development Department prior to issuance of building permit for Phase One construction. ARCHITECTURAL 53. Final architectural working drawings for all structures, substantially conforming to this approval, including all revisions required by the permit shall be submitted to the Community Development Department for approval prior to submission of plans to the Building and Safety Department. 54. Prior to issuance of a building permit, the following revisions shall be made to the building elevations, subject to the approval of the Community Development Director: a. The roof overhang shall be extended down over the hipped roof elements on the flanking towers on the north and south sides of the building with the tile eyebrow awning element removed. b. Variation in window sizes, shapes, and placement shall be provided. Wood lintels shall be incorporated above some windows. 299 C. The south facing parapet wall at the east and west ends shall be provided with character defining features to provide articulation and architectural interest. 047 P:\STAN\sdD 99-658 cc coa.wod f UASt MAtj IV. ATTACHMENT #3 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78495 Calle Tampico, La Quinta, CA BUSINESS IT1IS: A: ,�i#-Development Permit 98-658; a request of Eisenhower Medical Center and La +uinta Medical Group for approval of architectural and landscaping plans for a two story medical office building (Phase 1). 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 301 CAMy Documents\WPDOCS\ALRC10-7-99.wpd 1 05 0 Architectural & Landscape Review Committee September 15, 1999 2. Committee Member Cunningham stated the building is too plain. He concurs with staff that the front elevation needs more articulation to bring some interest. This size of the building makes a statement and it should have more detail. He asked if the overhang would have exposed rafters. Staff stated it would. Committee Member Cunningham stated the four by four rafters need some beefing up. 6. Mr. Jim Cioffi, architect for the project, stated the windows would be recessed and staff recommendations will be taken into consideration. The design was to let the masses and forms play off themselves. In regard to the roof, it is his impression that it does have a lot of variation and he passed out a rendering showing the details of the roof. They could articulate the tower, but the suggestion regarding changing the hip will not gain anything. It is a two piece tile roof. Planning Manager Christine di Iorio asked Mr. Cioffi to explain his comment in regard to the hip roof. Mr. Cioffi stated he understood staff wanted the hip raised, but as shown in the rendering, the roof did have variations. Staff explained the desire was to raise the roof line with a parapet design. With regards to the hip roof staff is recommending extending the roof overhang to eliminate the tile roof awning. Mr. Cioffi stated they had lowered the roof line and would be using six-inch by six-inch rafters for extra emphasis. They would however, introduce some articulation to the ends of the buildings and they will be using a steel sash, recessed windows. Their concern is that they do not want to put residential detail on 302 a commercial building. 051 C:\Mv Documents\WPDOCS\ALRC10-7-99.wod 2 Architectural & Landscape Review Committee September 15, 1999 7. Committee Member Cunningham stated the roof design as shown by the rendering looks nice. 8. Mr. Cioffi stated they would review the trash element and if staff would give them some leverage with the parking they will see what can be done to remove parking that may be in the way. However, the adjoining residents were adamant about not having to hear the trucks coming and, going. 9. Committee Member Cunningham asked if they concurred with staffs recommendation. Mr. Cioffi stated yes, but he was-quItestioning the window treatment. Staff stated that what was wanted was a variety of size and shapes to bring interest to the building. 10. Committee Member Bobbitt asked what the response was from the Lake La Quints residents. Staff stated one property owner had been in to see the project and they were not overly concerned with the project. Mr. Cioffi stated they had met with the Homeowners' .Association (HOA) who were pleased with the design, and will meet with the HOA for Rancho La Quinta. 11. K Committee Member rendering and belie, church and the shop 1 they would look at the use of lintels, as well as the roof line, as and shapes. ;er ChristineAi Iorio stated the only change to the conditions recommendation for a parapet roof. The plant palette is fine use of Date Palm and Ash trees. Discussion followed the trees. he look as displayed in the along with the look of the being no further discussion, it was moved and seconded by Committee fibers Cunningham/Bobbitt to adopt Minute Motion 99-018 nmending approval of Site Development Permit 98-658, subject to itions as recommended. Unanimously approved. --��� r�,., :r oo_�SS• a request of First School of the Desert for approval tectural and landscaping plans for a preschool facility located at the northeast dams Street and Miles Avenue. Associate er Leslie Mouriquand presented the information contained in the staff repo a copy of which is on file in the Community Development Department. 303 Mr. Mark Hastings, rep. would. be the same as C:\My Documents\WPDOCS\ALRC10-7-99.wpd ting the School, stated the architectural elements os ontained in the pictures submitted of their 3 052. ATTACHMENT #4 Planning Commission Minutes September 28, 1999 16. X There being no further discussion, it was moved and seconded by ommissioners Tyler/Robbins to adopt Planning Commission Resolution 99- approving Specific Plan 83-001, Amendment #5, subject to the Findings and4Conditions of Approval as amended. a. NS ndition #3: CVWD approval shall be required for any drainage the Evacuation Channel. b. Con 'tion#9: The total unit count at buildout shall not exceed 184 reside ial units, with 40 units permitted on Lots 1 and 2 of Parcel Map 19 0. ROLL CALL: AYES: Conkssioners Robbins, Tyler, and Chairman Kirk. NOES: None. ABS IN: None. ABSENT: Commissioners Abels and Butler. 17. It was moved and seconde y Commissioners Robbins to adopt Planning Commission Resolution 99-0 approving Site Development Permit 99-660, subject to the Findings and Co 'tions of Approval as amended. a. Condition #5: "....and with :1 slope ratio or less, shall construct a two foot high retaining wall/p ter wall across the width of the patio slab at the rear or at the edge okhe slab." ev>~c• rn—mi--gioners Robbins, Tj er, and Chairman Kirk. NOES: None. ABSTAIN: None. Commissioners Abels and Butler. Commissioners Abels and Butler rejoined the Commission. OF C. Environmental Assessment 98-388 Specific Plan 99-038 and Site Development Permit 99-658; a request of Eisenhower Medical Center/La Quints Medical Development, Inc. for review of the development principles and guidelines for a six acre medical office complex (two buildings) and architectural and landscaping plans for a two story high medical office building (Phase 1) consisting of 47,890+ square feet of floor area to be located at the northeast corner of Washington Street and 48t' Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principol Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 304 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to expand on the issue raised by the Architectural and Landscaping Review Committee's (ALRC) concern regarding the use of Date t,53 CAMy Documents\WPD0CS\PC10-12-99.wpd 5 Planning Commission Minutes September 28, 1999 Palm and Ash trees. Staff stated the ALRC concern was that the Date Palm crown has been known to fall off and this project is proposing to use a large number of the Date Palms in the pedestrian area. The ALRC thought they should not be used in a high pedestrian area. In regard to the Ash trees proposed to be in the parking lot, the ALRC concerned was that they have a root system which can break up the parking lot. Commissioner Robbins asked why was the condition required the applicant to only study them and not replace them. Staff stated the condition could be either. Commissioner Robbins asked if the Ash Tree was water efficient. Staff stated they are appropriate. Commissioner Robbins stated he had a problem granting the setback deviation within 150 feet of Washington Street. 3. Commissioner Tyler asked what the lighting was for the proposed parking areas. Staff stated it would be 18-feet high within 100 feet of Caleo Bay adjacent to Lake La Quinta and 24 feet high within the remainder of the parking lot. Commissioner Tyler asked if the poles should be lowered and required to be shielded with shoe -box lighting for the entire site. Staff stated the condition is worded so that all the lighting is shoe -box and shielded. Commissioner Tyler asked why staff was requiring this developer to pay fees for a signal a block away. Senior Engineer Steve Speer stated the people coming to this site will be using this signal. The condition is written that the cost of the signal would be prorated depending upon the land mass. Commissioner Tyler asked that Condition #5 of the Site Development Permit be reworded. Staff suggested it read "...building shall be submitted to the Planning Commission for review and approval." 4. Mr. James Cioffi, architect for the project, stated the project development team had met with the Lake La Quinta homeowners and showed them their plan and how they would mitigate any of their concerns, and in particular their view to the west. In regard to the tree issues raised by the ALRC, they had checked with their landscape architect and found that with the use of transplanted, older Date Palm trees there is a potential problem of crowns dropping. They are proposing to use all new, young trees that are not known to have the problem as well as being smaller. The issue of the root system of the Ash tree will be solved by a single piece root barrier with a deep water system. The Ash tree is one of the few trees that will allow them to meet the City requirement for shade within five years. In regard to the intrusion into the setback with the building, the intrusion affects only about half of the building. If it is a major concern to the Commission they could push the building back. With regard to paying their fair share of the signal cost, it is their belief it should be based on land mass. It would be better for them if the cost was based on the traffic use as they believe their traffic will be minimal. He went on to review the grading plan. 305 CAMy Documents\WPDOCS\PC10-12-99.wpd 6 Planning Commission Minutes September 28, 1999 5. Commissioner Tyler asked if the facility would be open till 10:00 p.m. Mr. Cioffi stated it would depend on the doctors who would be using the building. There would be no emergency room. 6. Commissioner Butler asked if they would be closing their facility on Highway 111. Mr. Cioffi stated not to his knowledge, as it is a different type of facility. 7. Chairman Kirk asked if the buildings were originally oriented this way. Mr. Cioffi stated it had always been their intention to orientate the building as they are proposed to minimize the affect on the Lake La Quinta homeowners. They also stepped both ends of the building down to one story. Chairman Kirk asked if a view analysis was done on both orientations. Mr. Cioffi stated they were asking for the variance on the setback from Washington Street to create less of a visual impact by moving the buildings back from Caleo Bay. 8. Commissioner Tyler asked if the applicant had any concerns with the architectural changes being recommended by staff. Mr. Cioffi stated they had no objections. 9. Mr. David Notrica, 47-905 Via Finenze, stated his concerns were that the lights be turned off by 9:00 p.m., how the hazardous waste would be handled, and if the fence could be five feet or six feet in height around the entire site. The grading is three to four feet above the street, so the building is 36 feet plus the extra 5-6 feet. As their properties are significantly lower, he is concerned about the drainage. Staff stated that in regard to the hazardous waste material they will have to meet any health department requirements that are imposed on them. It is therefore not an issue addressed by land uses. 10. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 11. Commissioner Abels stated he had no issues or concerns. 12. Commissioner Robbins stated that due to the extreme setback from the property line to the buildings, he is confident that if a single family home were built behind Lake La Quinta it would impact the view of the homeowners more than this building with its setback. Relative to the concern raised regarding the parking lot lights, he can empathize, however, there are some health and safety issues to be concerned with for those using the facility therefore he agrees with the 10:00 p.m. The applicant has addressed the concern regarding the trees so that is no longer an issue. He would like to 3 0 G hear from the other commissioners as to whether or not to deviate on the setback. J .. �rn nn�n 1•1 AA ...�,7 7 Planning Commission Minutes September 28, 1999 13. Commissioner Butler stated he thought the setback was to. accommodate the residential concerns and even though they are going against what is in required by the Code, due to the accommodations the applicant is putting in place, he supports the project. 14. Commissioner Tyler stated he too agrees with the changes proposed and moving the building as far away as possible does benefit the homeowners. 15. Chairman Kirk asked if Washington Street and 48' Avenue were both view corridors. Staff stated they were. Chairman Kirk stated that in his opinion the applicant has gone a long way to accommodate. local concerns whether or not he is considerate to City concerns by locating a loading zone in view from Washington Street as well as deviating from the required setback. This was done to be considerate to the residents and he congratulated the applicant on the design and the efforts to favor the local concerns, but he is concerned about the view impact from Washington Street. 16. Commissioner Abels stated that in regard to streetscapes, the design at the corner will be very adequate to address those concerns. 17. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99- 071 recommending certification of a Mitigated Negative Declaration (Environmental Assessment 99-388) for Specific Plan 99-038 and Site Development Permit 99-658, subject to all mitigation measures. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 18. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 99-072 approving Specific Plan 99-038, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 19. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 99-073 approving Site Development Permit 99-658, subject to the Findings and Conditions of Approval as amended. a. Condition #5: add the words "reviewed and approved". 307 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 0,kT^ CAMy Documents\WPDOCS\PC 10- 1 2-99.wpd 8 T4'1t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 2, 1999 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Specific Plan 96-027 (Amendment #1), a Request to Allow up to 40 Days of Special PUBLIC HEARING: Outdoor Events per Year in the Home Depot Parking Lot (79-900 Highway 1 1 1) with No Single Event Lasting Longer than 10 Days Upon Approval of a Temporary Use Permit. Applicant: Home Depot Adopt a Resolution of the City Council approving Specific Plan 96-027 (Amendment #1), subject to findings and Conditions of Approval as attached. M W 4 MAN I Is] None. None. The Jefferson Plaza Specific Plan (SP 96-027) permits approximately 218,300 square feet of office/retail development on 20 + acres at the northwest corner of Highway 1 1 1 and Jefferson Street under City Council Resolution 96-72 (Attachment 1). Home Depot, approximately 129,802 square feet, was built in 1997. The IHOP Restaurant, with 4,700 square feet, was completed this year. Project Request The applicant requests an amendment to Section 3.20.1 (Outdoor Sales) of their Specific Plan to allow up to 40 days of special outdoor sales events per year in the SR CC SP27XhOME -37 30S existing Home Depot parking lot, with 10 days maximum per event. Events held would not utilize searchlights or inflatable balloons, but could include the use of laser displays and other similar technologies (Attachment 2). Planning Commission Action The Planning Commission considered this amendment request at its meeting of October 12, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-068, subject to Findings and Conditions of Approval (Attachment 3). Public Notice This amendment request was advertised in the Desert Sun newspaper on October 21, 1999, and mailed to all property owners within 500 feet of the site. No written correspondence has been received. Any comments received will be handed out at the meeting. Findings necessary to approve the request, per Chapter 9.240 (Specific Plans) of the Zoning Ordinance can be made and are contained in the attached Resolution with the exception of the following Finding: 1 . Public Welfare - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment request would allow up to 40 days per year with 10 maximum days per event instead of a maximum of four consecutive days and no more than once every four months for special events per Section 9.100.130 (Sidewalk Sales and Commercial Events) of the Zoning Ordinance. The applicant has stated to staff that they require more days per year to accommodate merchandising shows hosted by the various Home Depot departments (i.e., Garden Center, Tools, etc.). Each special event will require approval by the Community Development Department under a Temporary Use Permit application to insure that there are no negative impacts to the surrounding properties. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 96-027 (Amendment #1), subject to findings and Conditions of Approval as attached; or 309 SR CC SP27XhOME -37 002 2. Do not adopt a Resolution of the City Council approving the amendment request; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, JWfy4fe-rman, Chmmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. SP 96-027 Exhibit (Reduced) 2. SP 96-027, Amendment Request 3. Planning Commission Minutes of October 12, 1999 SR CC SP27XhOME -37 310 003 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING SPECIFIC PLAN 96-027, AMENDMENT #1 CASE NO.: SPECIFIC PLAN 96-027, AMENDMENT #1 APPLICANT: HOME DEPOT WHEREAS, the City Council of the City of La Quinta, California did on the 2nd day of November, 1999, hold a duly noticed Public Hearing to consider an amendment to Specific Plan 96-027 allowing special events in the Home Depot parking lot up to 40 days per year, located on the northwest corner of Highway 111 and Jefferson Street; and WHEREAS, the Planning Commission of the City of La Quinta, California did on the 12th day of October, 1999, hold a duly noticed Public Hearing to consider an amendment to Specific Plan 96-027 allowing special events in the Home Depot parking lot up to 40 days per year, located on the northwest corner of Highway 111 and Jefferson Street, and more particularly described as: Assessor's Parcel Numbers: 649-020-032 and -033 WHEREAS, the City Council of the City of La Quinta, California did on the 17th day of September, 1996, approve Specific Plan 96-027 allowing office/retail development of approximately 218,300 square feet on 20+ acres, located on the northwest corner of Highway 111 and Jefferson Street; and WHEREAS, a Mitigated Negative Declaration (Environmental Assessment 96-325) for SP 96-027 was certified by the City Council on September 17, 1996. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent Environmental Assessment. 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 this Specific Plan Amendment: That the proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Mixed/Regional Commercial which permits the temporary uses proposed for the property and is consistent with the goals, policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. That the proposed Specific Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare in that the special events ResoCC SP 27X - 37 311 ion proposed for the site will require separate approval by the Community Development . Department under a Temporary Use Permit application, subject to the rules and regulations of Section 9.100.130 of the Zoning Ordinance. 3. The Specific Plan Amendment is compatible with the zoning of adjacent properties in that the site is primarily bounded by compatible mixed/regional (commercially zoned) designated properties in the City of La Quinta. 4. Mitigation measures were required for Specific Plan 96-027 in 1996 to reduce environmental impacts associated with development of the commercial shopping center. 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 constitute the findings of the City Council in this case; 2. That it does hereby recommend approval of the above -described Specific Plan Amendment request for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: GINA HENSLEY, Deputy City Clerk City of La Quinta, California 312 ResoCC SP 27X - 37 005 City Council Resolution 99- Specific Plan 96-027, Amendment #1 Home Depot November 2, 1999 APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 313 ResoCC SP 27X - 37 CITY COUNCIL RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 96-027, AMENDMENT #1 HOME DEPOT NOVEMBER 2, 1999 Prior to issuance of a Temporary Use Permit, the Specific Plan document shall be revised as follows: Section 3.20.1 - Add Item #3 stating: "Special events in the Home Depot parking lot shall be limited to no more than 40 days per year with no single event lasting longer than 10 days. Events may not utilize searchlights or inflatable balloons, but may apply for laser displays and other similar devices upon approval of a Temporary Use Permit application. Outdoor lighting devices used to promote a special event shall not be used after 10:00 p.m." 314 A:IC0ACCSP9&0ZMwpd - 37 007 2 0 s u JMENEM 1 Ewl < •. I ass A IR •. zi room \TAMINU; INNSOM WallI Attachment 1 t33Nlf 1 NOfN3"w � I �u I i =I w {wa = f $ s u � r Q► j � I o -�� A_ ^� i Attachment 2 3.20.1 (3) The Home Depot operation will include regularly scheduled special events designed to increase the flow of traffic into the Home Depot. These special events shall be limited to no more than 40 total days per year for the Home Depot with no single event lasting more than 10 days. These special events may not utilize searchlights or inflatable balloons. However, laser displays and other similar technologies or techniques may be used upon approval of the individual Temporary Use Permit. In no case shall any such lighting activity continue after 10.00P.M. or after business hours. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. 316 010 Attachment 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 12, 1999 I. CALL TO ORDER A. This meetigM the Planning Commission was called ChairmaudWwho asked Commissioner Robbins to lei 7:00 P.M. der at 7:00 P.M. by flag salute. ;*Honeywell, Pr ommissioners Jacques Abels, Richard teve Robbins, Robert Tyler, airman Tom Kirk. Unanimously appr affpresent: Jerry Herman, Commuru opment Director, City Attorney Dawn Planning Manager C di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, an utive Secretary Betty Sawyer. PUBLIC COMMENT:.None. CONFIRMATION OF THF.AWNDA: Confirmed. IV. CONSENT ITEMS: A. Casked if there were any corrections to the M' September 28, 1sioner Tyler asked that the Minutes be ame Page 1 to note that 4V7ieairman Robbins opened the meeting and or the approval of the missioner Robbins asked staff to v o seconded the motion to ourn. There being no further changes as moved and seconded by Commissioners Abels/Robbins to approve utes as corrected. Unanimously approved. B. Department Report: None. A. Specific Plan 99-067. Amendment 41; a request of Home Depot for a recommendation of approval to amend the specific plan to allow 40 days of special outdoor sales events per year at the northwest corner of Highway 111 and Jefferson 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 report, a copy of which is on file in the Community Developrn917 Department. CAMy Documents\WPD0CS\PC10-12-99.wpd 1 O ^ l Planning Commission Minutes September 28, 1999 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked why this project was not restricted from using a public address system like the Auto Mall. His concern was the use of music and the hours of operation. Staff stated they would add a condition restricting the use of public address systems. 3. Commissioner Tyler asked staff to define "special devices". Staff stated it was the use of laser lights. Commissioner Tyler asked if the permit would require them to submit a site plan. Staff stated they would be required to submit a site plan prior to each event. 4. Commissioner Butler stated he too had a concern about the use of laser lights and similar technology in that the City was allowing a light that would violate the City's Dark Sky Ordinance. Staff stated the Dark Sky Ordinance was changed to allow search light use. Commissioner Butler asked if lasers had been used before. Staff stated no, but the Auto Dealers were required to use lasers instead of searchlights. Commissioner Butler asked if the laser lights became offensive could they be restricted. Staff stated they could. 5. Commissioner Robbins stated he had no objection to the use of a music during the daytime, but would not want them at night. Second, he questioned the use of ten consecutive days and the use of Christmas tree lots. Community Development Director Jerry Herman stated the Christmas tree lots were covered under a different Code section. 6. Commissioner Abels stated he did not see any problem with the request and supported the it. 7. Chairman Kirk asked how much land area would be involved. Staff stated about three or four rows of the parking lot. 8. Chairman Kirk asked if there was any public comment. There being none, he closed the public participation portion of the hearing and opened the issue for Commission discussion. 9. There being no further discussion, it was moved and seconded by. Commissioners Abels/Robbins to adopt Planning Commission Resolution 99-068 approving Specific Plan 99-027, Amendment #1, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 318 CAMy Documents\WPDOCS\PC10-12-99.wpd 2 012 Tity/ 4 etP Q" COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Public Hearing on Specific'Plan 83-001 Amendment #5 to Modify the Unit Count, Separate The Seasons, Add a New Grading/Unit Type, and Allow a 10-foot Rear Setback; and Site Development Permit 99-660 for Approval of Development Plans for Two Prototype Residential Units. Applicant: Century - Crowell Communities RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 83-001, Amendment 5, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 99-660, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project location is within Planning Areas II and III of the Duna La Quinta community, which is bounded on the east by Washington Street, on the north by 501" Avenue, and on the south by the La Quinta Evacuation Channel (Attachment 1). Duna La Quinta is a part of Specific Plan 83-001. To date, Duna La Quinta has been developed with a golf course, 103 condominium units built in 1984/85, and 14 condominium units under construction on the north side of Calle Norte approved under SDP 99-642, by Resolution 99-046. A total number of 187 residential units are permitted in Duna La Quinta. The General Plan Land Use designation for the vacant project site is Medium Density Residential (MDR), and the. Zoning District is Medium Density Residential (RM). North and west of the project site is the Duna La Quinta Golf Course and existing residential PALESLIE\ccrptSP 83-001#5 SDP 99-660-Century.wpd 319 units. To the south, the La Quinta Evacuation Channel (golf course) and vacant land; and to the east, across Washington Street, are parcels designated as Office, Watercourse/Flood Control, Medium Density Residential, and Golf Course Open Space. In 1994, Specific Plan 94-024 was created from a portion of land (Parcel 1 of Parcel Map 19730) within Specific Plan 83-001 for The Seasons development, which is located south of the applicants' project area. Specific Plan 94-024 consists of The Seasons Senior Apartments and The Seasons Villas single family subdivision. Proposed Planning Area II, where a portion of the proposed condominiums will be located has been graded to accommodate previously approved split-level types of units. To the west of the project site are existing attached duplex and fourplex split- level units along the north side of the channel. Current residential development standards for Specific Plan 83-001 require minimum rear setbacks of 15 feet. The Community Development Department has determined that the request has been previously assessed in conjunction with Environmental Impact Report (EIR) (State Clearinghouse # 83-061305, Specific Plan 83-001) certified on May 15, 1984. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21166. Existing Housing Unit Description for Duna La Quinta The existing residential development within Duna La Quinta includes one story and split-level condominium units, in duplex and fourplex buildings. Within the tract, of which this project is located, are five existing duplexes consisting of one-story units with hipped roofs and flat roofs. The remaining vacant pad sites within Duna La Quinta were graded in the past in anticipation of similar residential development, including grading for split-level units along the channel berm. Three new California/Mediterranean style residential plans were approved under Site Development Permit 99-642 consisting of two facade alternatives for each plan, varying from 1,802 to 2,418 square feet. Houses are situated on existing (Calle Norte and Avenida Las Verdes) or future private streets on lots backing onto golf course fairways. Project Requests Specific Plan 83-001 Amendment #5 The applicant has submitted a request for approval of Amendment #5 to Specific Plan 83-001 (Attachment 2). The project locations related to this request are vacant parcels, one section north of the golf course (Planning Area II) which is in the flood channel, and the second area (Planning Area III) south of the golf course, and north of a detention basin and The Seasons developments. 3 oil 0 0., PALESLIE\ccrptSP 83-001#5 SDP 99-660-Century.wpd The amendment requests consist of modifying the total unit count in the Specific Plan by increasing the number of permitted units to 40 in Planning Area III, as shown in Exhibit A of Attachment 2. This area is currently approved for 25 units, but was approved for 40 units with the original Duna La Quinta Specific Plan. The addition of 15 units would result in the applicant's project total of 81 units. As proposed, the applicant's request would result in a total Duna La Quinta build -out of 184 units. The second request is to separate The Seasons project from the Duna La Quinta Specific Plan, as The Seasons is subject to the development standards of Specific Plan 94-024. The third request is to add a new detached split-level single family unit/grading type along the south side of Calle Norte. The last request is to reduce minimum rear yard setbacks to 10 feet for those proposed units on the south side of Calle Norte (Units 1-5 and 19 & 20), as shown in Exhibit B of Attachment 2. Site Development Permit 99-660 In addition, the applicant has submitted a request for approval of Site Development Permit 99-660, for two detached split-level prototypes (Attachment 3), each with two facade alternatives. The unit design is tailored to the existing project site grading. The project, utilizes exterior plaster walls and concrete flat and S-tile roofing with color flashing. Roof styles are a mix of front facing gable and hip. Desert color tones (e.g., various shades of cream, tan, sand, etc.) are proposed for the exterior building surfaces. The material sample board will be available at the meeting. Plan 2 features an arched entryway at the top of the stairs. Facades feature glass block insets, decorative vent trims, decorative windows, and various trims. The typical front yard landscaping plan previously approved under SDP 99-642, is proposed for these units. Public Notice: These cases were advertised in the Desert Sun newspaper on October 1 and 13, 1999, as well as mailed to all property owners within 500 feet of the site. No comments have been received. Any comments received will be handed'out at the meeting. Public Agency Review: The applicant's request was sent to responsible agencies on September 16 , 1999, and any applicable comments received have been incorporated into the Conditions of Approval. 321. PALESLIE\ccrptSP 83-001#5 SDP 99-660-Century.wpd ALRC Action The City's Architecture and Landscaping Committee reviewed the proposed new unit prototypes on October 7, 1999 (Attachment 4). The Committee adopted Minute Motion 99-020 recommending to the Planning Commission approval of Site Development Permit 99-660, subject to the Conditions of Approval. Planning Commission Action The Planning Commission considered both requests on October 12, 1999 (Attachment 5). The Commission adopted Planning Commission Resolutions 99-069 and 99-070 recommending to the City Council approval of Specific Plan 83-001 Amendment 5 and Site Development Permit 99-660, subject to the recommended Conditions of Approval. FINDINGS AND ALTERNATIVES: The Specific Plan findings, per Section 9.240.010 of the Zoning Code, to approve this request can be made and are contained in the attached Resolution. The Site Development Permit findings, per Section 9.60.300 of the Zoning Code, to approve this request can be made and are contained in the attached Resolution, except for the following: 1. Architectural Design. The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the City. The proposed detached split-level single-family prototype plans are compatible with existing dwellings in the project in that the roof materials and lines, stucco plaster finish, exterior colors, window treatment and garage door style, lot area, and building mass and scale are similar to that found in the existing homes in Duna La Quinta. However, to soften the blank wall staff recommends that the facades be revised on Plans 1 A-S and 2B-S to include a pot shelf or decorative lighting at the left edge of the garage (SDP Condition No. 4). 2. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. The Coachella Valley Water District (CVWD) requires a 50-foot elevation along the top of the storm water channel/golf course berm. The proposed residential pad elevations will be between 50 feet and 46.7 feet, requiring only minimal retention walls along the south elevation to ensure adequate drainage and to soften the slope for safety 322 PALESLIE\ccrptSP 83-001#5 SDP 99-660-Century.wpd concerns with no loss of integrity to the berm. The• elevational differences can be addressed by Site Development Permit Condition No. 5 that requires lots with less than 15 feet of rear setback area, more than a 3 foot difference between the 50-foot top of berm elevation and the unit pad elevation, and with a 3:1 slope or less, to construct a 2-foot high retaining wall/planter wall across the width of the patio slab at the rear and property line, or at the edge of the slab. The alternatives available to the City Council include: Adopt a Resolution of the City Council approving Specific Plan 83-001, Amendment 5, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 99-660, subject to the attached Findings and Conditions of Approval; or 2. Do not adopt Resolutions approving Specific Plan 83-001, Amendment #5 or Site Development Permit 99-660; or 3. Provide staff with alternative direction. Respectfully submitted: ry Herm�n rtmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . General Location Map 2. Specific Plan 83-001 Amendment #5 Exhibits 3. Site Development Permit 99-660 Exhibits 4. ALRC Minutes - October 7, 1999 5. Planning Commission Minutes - October 12, 1999 323 005 PALESLIE\ccrptSP 83-001#5 SDP 99-660-Century.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT #5 TO SPECIFIC PLAN 83-001 AT DUNA LA QUINTA CASE NO.: SPECIFIC PLAN 83-001 AMENDMENT NO. 5 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of November, 1999, hold a duly noticed Public Hearing to consider the request of Century -Crowell Communities for approval of a modification to the specific plan unit count to permit the construction of 40 single family condominium units, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte to 10-feet, and add a new split-level grading/unit type requirement along the north side 50-foot elevation of the channel berm, south of 50th Avenue, west of Washington Street, southwest and southeast of Avenida Las Verdes; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12th day of October, 1999, hold a duly noticed Public Hearing to consider the request of Century -Crowell Communities for approval of a modification to the specific plan unit count to permit the construction of 40 single family condominium units, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte to 10-feet, and add a new split-level grading/unit type requirement along the north side 50-foot elevation of the channel berm, south of 50th Avenue, west of Washington Street, southwest and southeast of Avenida Las Verdes, more particularly described as: that area bounded by Avenue 50 on the north, Washington Street on the east, the retention basin located between Specific Plan 94-024 and Parcels 1 & 2 of Parcel Map 19730 to the south, and Avenida Bermudas on the west WHEREAS, said Specific Plan Amendment has been determined to have been previously assessed in conjunction with the Environmental Impact Report (State Clearinghouse #83-061305) prepared for Specific Plan 83-001, and certified on May 15, 1984, and no changed circumstances or conditions are proposed which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said 324 PALESLIE\ccresSP83-001Amd5Dunampd 01 U Resolution 99- Specific Plan 83-001 Amendment No. 5 Century -Crowell Communities November 2, 1999 City Council did find the following facts and reasons to justify recommending approval of said Specific Plan 83-001 Amendment No. 5: 1 . Consistency with Genera/ Plan: With the recommended Conditions of Approval, the proposed amendment to modify the unit count to 184 total residential units is consistent with the goals, objectives, and policies of the La Quinta General Plan, in that the General Plan density range for the Medium Density Residential land use is 4 to 8 dwelling units per acre, and the request for an additional 15 residential units on Parcels 1 and 2 of Parcel Map 19730 will not cumulatively exceed the specific plan maximum of 187 residential units or the density allowed under the General Plan designation. 2. Public Welfare: With the recommended conditions of approval, the proposed specific plan amendments will not create conditions materially detrimental to the public health, safety, and welfare of the public, in that these issues have been considered in the Environmental Impact Report. 3. Land Use Compatibility: With the recommended conditions of approval, the proposed amendment to modify the unit count, separate the Seasons from Specific Plan 83-001, modify the rear setback requirement along the south side of Calle Norte, and add the new grading/unit requirement within Specific Plan 83-001 is compatible with Zoning designations on adjacent properties as the number of units proposed by the applicant will not exceed the total number of units originally permitted by the specific plan, and that the proposed development consists of detached single family condominium residential units, similar to existing residential development within Duna La Quinta, including split-level units. 4. Property Suitability: With the recommended conditions of approval, the proposed specific plan amendment to modify the unit count, separate the Seasons from Specific Plan 83-001, and add the new grading/unit requirement within Specific Plan 83-001 is suitable and appropriate for the subject property located in Planning Areas II and III of Duna La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 325 P:\LESLIE\ccresSP83-001Amd5Duna.wpd J Resolution 99- Specific Plan 83-001 Amendment No. 5 Century -Crowell Communities November 2, 1999 2. That it does hereby approve Specific Plan 83-001 Amendment No. 5 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2nd day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 324C P:\LESLIE\ccresSP83-001Amd5Duna.wpd Li J RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-001 AMENDMENT 5 CENTURY-CROWELL COMMUNITIES NOVEMBER 2, 1999 CONDITIONS OF APPROVAL GENERAL 1. 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 amendment. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. 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 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 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. DRAINAGE 3. If the applicant proposes discharge of stormwater directly or indirectly to the La Quinta Evacuation Channel or the Whitewater Drainage Channel, the applicant, 327 and subsequently, the Homeowners' Association shall be responsible for any sampling and testing of the development's effluent which may be required under PAcccoaSP83-00I Amd5Nov2,99.wpd `J Resolution 99- Conditions of Approval - Recommended Specific Plan 83-001, Amendment #5 November 2, 1999 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. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. Any drainage into the Evacuation Channel shall require CVWD approval. TRAFFIC AND CIRCULATION 4. The applicant or developer shall comply with the following requirements of the City Engineer: a. The applicant shall complete improvements to Calle Norte (in Planning Area 2) and shall construct all street improvements in Planning Area No. 3. Homes shall not be approved for occupancy until they are served by fully - improved streets. b. Low -volume private residential streets shall have a 36-foot travel width (between curb faces or gutter flow lines). This width may be reduced to 32 feet with parking restricted to one side and to 28 feet if no on -street parking is allowed provided there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. SCHOOLS 5. The applicant shall pay a per -unit school development fee as determined by the Desert Sands Unified School District in accordance with the school mitigation agreements as approved by the La Quinta City Council and in effect at the time of the issuance of building permits. DEVELOPMENT STANDARDS 6. Prior to final building inspection of the final units constructed within Tract 20158, the applicant shall install necessary perimeter walls including that along the retention basin at the south boundary of Parcels 1 and 2 of Parcel Map 19730. 7. Prior to issuance of a building permit, the applicant shall design the units along the south side of Calle Norte, east of Avenida Los Verdes, to be split level, with below grade garages and 20 foot long driveways for those units requiring higher than a four foot retaining wall. 8. For units along the south side of Calle Norte as 10-foot minimum rear setbacl328 and 20-foot minimum front setback to main structure/garage are required. pJ 10 P AcccoaSP83-001 Amd5Nov2,99.wpd Resolution 99- Conditions of Approval - Recommended Specific Plan 83-001 , Amendment #5 November 2, 1999 9. The total unit count at build -out shall not exceed 184 residential units, with 40 units permitted on Lots 1 and 2 of Parcel Map 19730. 10. Prior to issuance of building permits, the applicant shall submit a revised Specific Plan document/map with the area of Specific Plan 94-024- The Seasons removed and the above conditions incorporated. 329 Oil P:\cccoaSP83-001 Amd5Nov2,99.wpd RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR TWO SPLIT-LEVEL PROTOTYPE UNITS IN A PORTION OF TRACT 20158 ALONG THE SOUTH SIDE OF CALLE NORTE, IN DUNA LA QUINTA CASE NO.: SITE DEVELOPMENT PERMIT 99-660 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of November, 1999, hold a duly noticed Public Hearing at the request of Century -Crowell Communities, Inc. to consider for approval of architectural plan for two new split-level prototype residential units to be constructed south of 50th Avenue, west of Washington Street, along Calle Norte, east of Avenida Las Verdes; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12th day of October, 1999, hold a duly noticed Public Hearing at the request of Century -Crowell Communities, Inc. to consider a recommendation for approval of architectural plans for two new split-level prototype residential units to be constructed, south of 50th Avenue, west of Washington Street, along Calle Norte, east of Avenida Las Verdes, more particularly described as: Lots 2 & 3 of Tract 20158 WHEREAS, the Architecture and Landscaping Review Committee of the City of La Quinta, California, did on the 7th day of October, 1999, hold a duly -noticed public meeting to consider approval of architectural plans for two new split-level prototype residential units along Calle Norte, east of Avenida Los Verdes, and did, by Minute Motion 99-020, recommend approval of the request subject to conditions; and, WHEREAS, said Site Development Permit has been determined to have been previously assessed in conjunction with the Environmental Impact Report (State Clearinghouse #83-061305) prepared for Specific Plan 83-001, and certified on May 15, 1984, and no changed circumstances or conditions are proposed which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify recommending approval of said Site Development Permit: 330 1. With the recommended conditions of approval, the proposed units are of a compatible architectural design, colors, and materials to the existing units in the PAccresSDP99-660DunaSp1its11-2-99.wpd Page 1 of 3 014 Resolution 99- Site Development Permit 99-660 Century -Crowell Communities, Inc. November 2, 1999 tract. The units utilize similar architectural features such as tile roofs, exterior plaster, recessed windows, popout window and door surrounds, and wood fascias. The plans are compatible with the surrounding neighborhood. 2. Landscaping shall be provided pursuant to the plan approved under SDP 99- 642. 3. No two story residences are proposed adjacent to, or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision. 4. Masonry walls and. sideyard gates are proposed between units and will be compatible with existing walls and sideyard gates in the tract. 5. The size range of the existing residences is 1,375 to 2,160 square feet. The proposed units are 1,803 square feet and 2,107 square feet of liveable space. This request is in compliance with compatibility review requirements. 6. The final precise plot plan will ensure compliance with the requirement that identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Site Development Permit 99-660 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 2nd day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 33 013 P:\ccresSDP99-660DunaSplits11-2-99.wpd Page 2 of 3 Resolution 99- Site Development Permit 99-660 Century -Crowell Communities, Inc. November 2, 1999 JOHN J. PENA, Mayor City of La Quinta, California M11*15 REGENIA HENSLEY, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 33^ P:\ccresSDP99-660DunaSplitsl1-2-99.wpd Page 3 of 3 014 RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 99-660 CENTURY-CROWELL COMMUNITIES NOVEMBER 2, 1999 GENERAL CONDITIONS 1. This approval is for two residential prototypes containing 1,803 and 2,107 square feet in habitable floor space. 2. Final front yard landscaping plans shall be submitted for review by the Community Development Department prior to issuance of the first building permit for these units. The plans shall provide for and indicate 24-inch box, minimum 10-foot tall tree sizes (1.5-inch to 2-inch caliper measured 6-inches above ground level)'as per Section 9.60.300 of the Zoning Ordinance. 3. Garage doors shall be constructed of metal, wood, or composite materials and be sectional roll -up style pursuant to the requirements of Specific Plan 83-001 Amendment 5. Lites are optional. 4. Prior to issuance of building permits, the facades shall be revised on Plans 1 A-S and 213-S to include pot shelf inserts or decorative lighting at the left edge of garage. 5. Units with less than 15-feet of rear setback, and with more than a 3-foot difference between the 50-foot top of berm elevation and the unit pad elevation, and with a 3:1 slope ratio or less, shall construct a two foot high retaining wall/planter wall across the width of the patio slab at the rear and property line or at the edge of the slab. 6. Prior to issuance of a building permit, the applicant shall submit a revised Specific Plan document with the area of Specific Plan 94-024 - The Seasons removed and the above conditions incorporated. P AcccoaS DP99-660Duna 11-2-99.wpd 333 IJ 15 • ATTACHMENT 1 z 1338iS NOIJNIHSVM cJ� cntu � x J wno s w' Q w f o > j o u� w ( C7 z Ln bw 4 _ 1 -CASE NO. g3-t'°JD co co 0 C7 I co co N U) co z ~ z 337Z z � Z w D m O U ¢ Z m F J � 0 a 00 < i x 0 w a: O a ATTACHMENT #I#2 EXHIBIT B SPECIFIC PLAN AMENDMENT DEVELOPMENT STANDARDS (DUNA LA QUINTA) CITY OF LA QUINTA PROJECT LOCATION: SOUTH WEST CORNER OF 50TH AVENUE AND WASHINGTON STREET GENERAL PLAN DESIGNATION: RESIDENTIAL MEDIUM DENSITY, 4 TO 8 DU'S PER ACRE EXISTING ZONING: MEDIUM DENSITY RESIDENTIAL DISTRICT (RM) NUMBER OF UNITS: 81 CONDOMINIUM UNITS ACRES: 12.16 ACRES PROPOSED DEVELOPMENT (82.38 ACRES TOTAL INCLUDING GOLF HOLES) SURROUNDING LAND USES: RESIDENTIAL AND GOLF COURSE MINIMUM LOT SIZE: 5000 SF (NA WITH CONDOMINIUMS) MINIMUM LOT FRONTAGE: 50 FEET (NA WITH CONDOMINIUMS) MAXIMUM STRUCTURE HEIGHT: 28 FEET MAXIMUM STORIES: 2 MINIMUM FRONT SETBACK TO MAIN STRUCTURE: 20 FEET MINIMUM FRONT SETBACK TO GARAGE: 25 FEET (20 FEET SO. SIDE OF CALLE NORTE) MINIMUM FRONT SETBACK TO GARAGE W/ROLL-UP: 20 FEET REQUIRED FRONT VARIATION: 20 TO 25 FEET (NO REQUIREMENT FOR UNITS ON SOUTHSIDE OF CALLE NORTE) MINIMUM SIDE YARD SETBACK: 5 FEET WITH ONE ADDITIONAL FOOT FOR EVERY FOOT IN EXCESS OF 17 FEET IN HEIGHT, UP TO A MAXIMUM OF 10 FEET. MINIMUM REAR YARD SETBACK: 15 FEET (10 FEET FOR LOTS ON SOUTHSIDE OF CALLE NORTE) MAXIMUM LOT COVERAGE: 60% (NA FOR CONDOMINIUMS) MINIMUM FLOOR AREA: 1400 SF PR I VATE DOCS\KE NT\D U NALQ F 335 o1s SPECIFIC PLAN 83-001- CHANGES REQUESTED BY STAFF PLANNING AREA II There are currently 10 existing units within Planning Area II. 41 additional units are proposed as shown in attached Exhibit A. The units along the north side of Calle Norte shall be constructed as approved under Site Development Permit 99-642. The split level unit type shall be added to SP 83-001 as a required unit /grading type for that area along the south side of Calle Norte. These units shall be constructed as approved under Site Development Permit 99-660. Change the development standards to require a 10-foot minimum rear setback and 20-foot minimum front setback to main structure/garage for units along the south side of Calle Norte. PLANNING AREA III The latest Specific Plan Amendment #4 currently stipulates a maximum of 25 dwelling units for Area III. An additional amendment is hereby requested that will allow 40 condominium units as shown in Exhibit A. Originally, the 82.38 acre portion of Specific Plan 83-001 located southwest of the intersection of Washington Street and 50"h Avenue, was approved for the construction of 187 units. Based on the fact that 103 units have been constructed to date (Exhibit A) the addition of 81 units as proposed for both Areas II & III would result in a total build -out of 184 units, or 3 units less than originally approved. In addition, under the provisions of the RM Development Standards that currently govern Area III, this proposed total build -out of 184 units is below the allowed 8 dwelling units per gross acre (82.38 Acres X 8 DU's per Acre = 659 units). ALL Remove the portion of land that is within Specific Plan 94-024- The Seasons, as this area is no longer a part of Duna Fairways. P:\LESLIEVSP83-001 # 5recommendedchanges I 0-12-99. wpd 33G 019 M M_ N c 4 C Q,I 337 Z rJ C) O \ U w 10--0- 32'-W ---� C7 > ? O p. a aga ¢ \ GREAT niches d o ROOM g OFFICE/DEN fireplace is/cl q• RCN, BEDROOM 2 visirn DINING I ROOM !� HALL -- LAUPL- MASTER a BEDROOM W.LC. - AS. ' �� BATH BATH GARAGE GOLF CART STORAGE ------------------ ,: PLAN lA-S 1774 SQ. FT. DUNA FAIRWAYS AT { LA QUINTA RESORT 8z CLUB 98067 CENTURY CROVWELL CaNdMUMErMS 9108/99 LA QZJIN'I'ACAI..I1'ORNlA 338 KN TE & ASSO ATES ARCHTECTME AND PLAMW. I RIGHT REAR II � LEFT eol �w f-alawfa RESORT & CLUB PLAN 2-A-S DUNA FAIRWAYS AT LA QUINTA RESORT 8z CLUB ED 98057 CENTURY CaCY ELL CO S 10/01/98 11/18/98 T _s QUINTA. CALIFORN=A 1/25/99 KN TE a 3 q A ASSO ATES V V ARCHTECTUPE AM PLAN IM RIGHT `p \ CD > �bga CL it o REAR I LEFT RESORT & CLUB PLAN 1 A—S DUNA FAIRWAYS AT ID LA QUINTA RESORT 8z CLUB ID 98057 CENTURY CROWELL 4C0lVlZVfEJW19=S 09/08/99 LA QLJINTA, CALIF012NZA 340 KN TE 8 ASSO .TES AACHTECTUE AND PLAMNG 10'-0• I 36'-0• A/0, DINING ROOM GREAT A/C! ROOM DEN OPT. BDROOM 2 y GUEST SUITE / — OPT. BDROOM f- _=- SITTING MASTER SUITE MASTER] =— BATH t PLAN 2A-S 2088 SQ. FT. DUNA FAIRWAYS AT LA QUINTE8i A RSORT CLUB ID ID 98057 CEN'I'CTRY CROWELL CO S 9/08/99 LA QLTINTA, CALIFORNZA �(�(/1/J((J����'�..� & 341 KNI�TE ASSOCIATES A"TECTURE AND PLAW C ATTACHMENT #4 Architectural & Landscape Review Committee September 15, 1999 hIL-Mark Hastings, representing the School, stated the architectural elements would be the same as t ose co ed of it Cathedral City and Palm Springs Schools. Discussion followed regar ' g the different architectural and landscaping elements on the different s ools. 3. Committee Member Cunningham stated he thought the us f the property is excellent and very attractive. 4. Committee Member Bobbitt agreed. 5. Committee Member Reynolds aske/to erty would drain. Ms. Margo Williams, with Mainiero Smits, stated it would drain down Ladera Street into the existingst. 6. Committee Member Bobbittas d if the City intended to install any left turn lanes at the signal at this inte ection. Mr. Hastings explained their drop off procedure. The children 1 be taken to the classroom and dropped off with the teacher and all the ay areas are in the rear of the property. 7. Committee Mem r Cunningham asked the hours of operation. Mr. Hastings stated 7.00 a. to 6:30 p.m. five days a week When they started their Cathedral ty they were in an existing residential area and they had to address ' ues regarding circulation and traffic. 8. Co ittee Member Bobbitt asked how many students. Mr. Hastings stated 8 students. There being no further discussion, it was moved and seconded by Committee Mem ing Site Development Permit 99-655 as recommended. Unanimously approved. C. Site Development Permit 99-660; a request of Century -Crowell Communities for approval of architectural and landscaping plans for two new prototype residential condominium units within Tract 20158, along the south side of Calle Norte, east of Avenida Las Verdes, within Duna La Quinta. 1. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the correction in square footage for the units. 2. Committee Member Bobbitt asked if this site was currently being graded. Mr. Armstrong stated yes and the differential is nine feet causing the split level unit design. 42 C:\My Documents\WPDOCS\ALRCIO-7-99.wpd 4 Architectural & Landscape Review Committee September 15, 1999 3. Committee Member Cunningham stated the design appearance is good and he has no objection. 4. Committee Member Bobbitt stated the split level units are a nice look and offers a variation in the floor plan. 5. Committee Member Bobbitt asked if there would be any drainage problems with the split level units for the area behind the garage. Mr. Armstrong stated no, they would be using a sealant as well as drainage systems to assure there were none. 6. Committee Member Reynolds stated he too agreed the design and layout were attractive. 7. Planning Manager Christine di Iorio asked if flat tile or "S" the was proposed to be used. Mr. Armstrong stated the units would have a mix of flat and "S" tile with two to three colors. 8. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 99-020 approving Site Development Permit 99-660 as recommended. Unanimously approved. VI. C—'QRRESPONDENCE AND WRITTEN MATERIAL: None V. COMMI'T-TEE MEMBER ITEMS: None VI. ADJO There being no further busine it was moved and seconded by Committee Members Cunninghaln/Bobbitt to adjourn this re ar meeting of the Architectural and Landscaping Review Committee to the next regular meeting to b eld on November 3, 1999. This meeting was adjourned at 11:18 a.m. on October 7, 1999. Respectfully submitted, BETTY J. SAWYER, Executive Secretary City of La Quinta, California 343 C:\My Documents\WPDOCS\ALRC10-7-99.wpd 5 6W ATTACHMENT #5 Planning Commission Minutes October 12, 1999 B. Specific Plan 83-001, Amendment #5 and Site Development Permit 99-660; a -7 request of Century -Crowell Communities for a recommendation of approval to increase the unit count, separate "the Seasons" from Specific Plan 83-001, add a new grading/unit type along the south side of Calle Norte, allow a 10-foot rear setback, and approval of development plans for two prototype residential condominium units for construction in Tract 20158 located along the south side of Calle Norte, east of Avenida Las Verdes, within Duna La Quinta. 1. Commissioners Abels and Butler excused themselves due to a possible conflict of interest. 2. 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, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked on which lots on the south side of Calle Norte would they be allowed to construct the split level units. Staff noted they would all be split level homes (Lots 1-26). Commissioner Tyler asked if the top level of the home would be at the top of the berm. Staff stated yes. Commissioner Tyler stated the previous homes were constructed in a way that allowed a view between the homes. 4. Chairman Kirk stated the prior condition did not require the entire project to be split level. Mr. Kent Armstrong, representing Century -Crowell Communities stated they designed two different styles of split level units. The units at the west end will be at grade and as you transition to the east there is a nine foot differential. One or two units will have a two foot retaining wall across from the community pool area. The remainder of the units will have a differential of zero to three feet. 5. Commissioner Tyler asked about the requirement for a perimeter wall on the east side of the project where the City is required to build the wall as part of the bridge construction. Staff noted this was a requirement of the City and not the applicant. 6. Commissioner Tyler stated that Condition 49 of the Specific Plan needs to specify the total count. Condition #5 of the Site Development Permit needs to have the word "rear" added. 7. Commissioner Robbins asked if the west end of the street elevation J44 relatively close to 50 feet. His concern is that the minimum pad elevation for the garage should be at least one foot above the top of the curb. There are C:\My Documents\WPDOCS\PC10-12-99.wpd 3 0 2) 7 Planning Commission Minutes October 12, 1999 eight steps going up with a minimum of 4-5 feet plus the other foot resulting in at least six feet above the berm. This will raise the unit up higher than the other units. Mr. Armstrong stated the elevations start at grade and transition down. 8. Chairman Kirk asked staff to explain Condition #5 in regard to where it would apply. Senior Engineer Steve Speer stated that ,it will occur as you move increasingly to the east. The upper portion of the it will have a four foot differential between the patio and berm and to keep the slope at a 3:1 maximum, staff is requesting a retaining wall. 9. Chairman Kirk stated the lots appear to have more than a 15-foot setback. Mr. Armstrong stated the lots on the east end will be the worst and they can transition up. 10. Chairman Kirk asked if staff felt comfortable with the elevation variations given the number of units and the linear nature of the road. Will this create a repetitive look? Staff stated the Architecture and Landscaping Review Committee had no objections. 11. Commission Tyler asked if all the lots will be required to have a 10 foot setback. Staff stated yes. 12. Mr. Ken Armstrong questioned the condition requiring the retaining wall to be constructed at the end of the slab. His complaint was that this would restrict him from placing the retaining wall at the property line. Senior Engineer Steve Speer stated there was no reason it couldn't be at the property line. If it gets to be too much of a differential, they will be required to install handrails and the applicant does not want to do this, so it is in his best interest to reach the differential required by the City. 13. Commissioner Robbins asked if the applicant could slope two feet and use a two foot retaining wall at the property line. Staff would not have any objection. Condition 45 would be amended to allow either application. 14. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 15. Commissioner Robbins questioned Condition #3 of the Specific Plan and that it be amended to require the applicant obtain CVWD approval for any drainage prior to installation. ,345 028 C:\My Documents\WPD0CS\PC10-12-99.wpd 4 Planning Commission Minutes October 12, 1999 16. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99- 069 approving Specific Plan 83-001, Amendment #5, subject to the Findings and Conditions of Approval as amended. a. Condition #3: CVWD approval shall be required for any drainage into the Evacuation Channel. b. Condition#9: The total unit count at buildout shall not exceed 184 residential units, with 40 units permitted on Lots 1 and 2 of Parcel Map 19730. ROLL CALL: AYES: Commissioners Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioners Abels and Butler. 17. It was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 99-070 approving Site Development Permit 99-660, subject to the Findings and Conditions of Approval as amended. a. Condition #5: "....and with a 3:1 slope ratio or less, shall construct a two foot high retaining wall/planter wall across the width of the patio slab at the rear or at the edge of the slab." ROLL CALL: AYES: Commissioners Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioners Abels and Butler. Abels and Butler rejoined the Commission. C. onmental Assessment 98-388 Specific Plan 99-038 and Site Develol2ment Permit -658; a request of Eisenhower Medical Center/La Quinta Medical Developmen , c. for review of the development principles and guidelines for a six acre medical offs omplex (two buildings) and architectural and landscaping plans for a two story high m 'cal office building (Phase 1) consisting of 47,890+ square feet of floor area to be loca at the northeast corner of Washington Street and 48t'' Avenue. 1. Chairman Kirk opened the publl earing and asked for the staff report. Principal Planner Stan Sawa pres nteU L information contained in the staff report, a copy of which is on file in e Community Development Department. 346 2. Chairman Kirk asked if there were any questions of sta . Commissioner Robbins asked staff to expand on the issue raised by the Arc ctural and v " CAMy Documents\WPDOCS\PC10-12-99.wpd 5 1W T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Public Hearing on Increasing License and Impound Fees for Unaltered Dogs and Establishing a Voucher Program for Spay and Neuter Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council increasing the licensing and impound fees for unaltered dogs and establishing a voucher program which will encourage dog owners to spay or neuter their pets. An increase in animal license fee revenue may be realized if owners choose to pay the increased fee rather than alter their pets. Costs for printing vouchers and administering the voucher program will be covered by the increase in the impound fees for unaltered dogs. Possible long term financial benefits to the City include lower shelter and euthanasia costs which currently cost the City approximately $24,000 annually. CHARTER CITY IMPLICATIONS: None a I 10DMAILI• • Every year in the Coachella Valley, hundreds of unwanted animals are euthanized. By increasing the number of animals that are spayed or neutered, this figure could be reduced. Following are three proposed measures which are designed to encourage dog owners to alter their pets. These three measures are included in the attached Resolution which is before the City Council for consideration. Increase of Impound Fees Effective January 1, 2000, Section 30804.7 of the State Food and Agriculture Code (Attachment 1) provides that cities may charge an increased impound fee to owners 347 of unaltered dogs. This fee is in addition to any fines or impound fees currently levied by the jurisdiction. The proposed Resolution contains a separate impound fee schedule for unaltered animals which is significantly higher than the schedule for altered dogs. Increase of License Fees The proposed Resolution calls for the increase of license fees for an unaltered dog from $25 a year to $75 a year. This increase is in recognition of the fact that unaltered dogs are more likely to have a negative financial impact on animal control operations via their offspring. It is also generally true that unaltered dogs have a greater tendency to roam and to act in a more aggressive manner than their altered counterparts, thus placing more of a demand on animal control operations. The fee increase is not intended to generate increased revenues but merely to help offset the additional expenditures to the City associated with unaltered dogs. Establish a Voucher Program The Resolution also provides that a program be established whereby dog owners can purchase a voucher (Attachment 2) from the City which would be redeemable at several local veterinarians as payment in full for a spay or neutering procedure and a rabies vaccination. If an unlicensed, unaltered dog is picked up at large by the City, the owner, in addition to being subject to the applicable impound fees, would have to exercise one of the following two options before reclaiming the dog: 1) The first would be to purchase an unaltered one year dog license for seventy five dollars. The owner would also have to provide proof of a rabies vaccination. 2) The second option would be to purchase a voucher from the City for $75 which would be redeemable at several local veterinarians for a spay or neutering procedure and a rabies vaccination. The dog owner would have a 45 day time period in which to have the procedure completed and to provide documentation to the City in order to obtain a license at the altered animal rate ($8 per year, $3 for seniors). The dog owner could also use the voucher at their own veterinarian but would be responsible for any costs in excess of $75. The veterinarian who performed the procedure would send the voucher to the City for payment. 3 45 013w 1 ' 1 I I' i 1' The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council increasing the licensing and impound fees for unaltered dogs and establishing a voucher program which will encourage dog owners to spay or neuter their pets; or 2. Do not adopt a Resolution which would increase the licensing and impound fees for unaltered dogs and would establish a voucher program; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director o Building and Safety A rov d for subm' i Thomas P. Genovese, City Manager Attachments: 1. Excerpt from State Food and Agricultural Code 2. Sample Voucher 349 "'1313 RESOLUTION 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 96-96, ESTABLISHING FEES FOR DOG LICENSES AND ANIMAL IMPOUND FEES WHEREAS, Chapter 10.08 and Chapter 10.08 and Chapter 10.20 of the La Quinta Municipal Code and Charter provides for the establishment of dog license fees and animal impound fees, by resolution of the City Council; and WHEREAS, this action is exempt under California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273 (a) "Rates, Tolls, Fares, and Charges."; and WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Section 66016, Local agency fees; new fees and increases; WHEREAS, Unaltered dogs have the potential to create a greater burden on Animal Control staff and resources through their offspring, and through their increased tendency towards aggressive behavior, than altered dogs; WHEREAS, as of January 1, 2000, State law will allow a jurisdiction to impose higher impound fees for unaltered dogs than for those that are altered; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does hereby resolve to amend and revise Resolution 96-96 as follows: Establishment of impound fees for dogs as follows: 1 st impound in 12 month period ..................................... $10.00 2"d impound in 12 month period .................................... $50.00 3rd impound in 12 month period .................................... $100.00 41r, impound in 12 month period .................................... $150.00 i s jjjj.►► ��: . ...::rm:€:::::::::::::€.nt:>: e::.:.:::d.:::::::::::::.:::::.::::::::::::::::::::::::::::.: r�.�:.::.::. R.:..:.......:......:.......:.....::...:.....:..:....R.. . 350 Increase in dog license fees as follows: 1 Year 2 Year 3 Year Unaltered Dog {625}- t9�s6i '1 # �(s 5 . . Altered Dog $8.00 $12.00 $16.00 Altered Dog (Senior owner) $3.00 $ 5.00 $7.00 Late fee $20.00 Replacement Tag 50% of license fee NOW THEREFORE BE IT FURTHER RESOLVED, that the City shall establish a program whereby dog owners may purchase from the City, a voucher which is redeemable at local veterinary offices for spay and neutering procedures. The purchase of the voucher will allow the owner of an unaltered dog 45 days in which to have the animal altered and to thereby take advantage of the reduced license fees contained herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of November, 1999, with an effective date of January 1, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN John J. Pena, Mayor City of La Quinta, California ATTEST: Regina Hensley, Deputy City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell, City Attorney City of La Quinta, California 351 4b-04-99 12:46pm a From-RUTAN d TUCKER CN, �"""^^^. *-ftl+ n no) In') C_'Joe ,. XR 1' . &V fAlrirMeMTUM COVE „� at- fiftunuu ATTACHMENT 1 $MI. Provisions for issuance; mature of licenses; duration penalty of not less a) -A board of supervisors may provide for the issuance of seru+lly numbered metallic dog licenses :less than one h , want to this section. The dog licenses shall be: ` Stamped with the name of the county and the year of issue. h Uttlesa the beard of supervisors designates the animal control department to issue the licensee, 4AW *W X., by the county e* directly ar through Judges-of.?ts +- 3nu *U* cmwfs. or the superior court in a .. ...--- ...►::' in wbich there is no municipal eourt, to owners of dogs that matte applicadon. iperaan doeais gat; ): i;�nsos ah�ll:be ies ie4tntapOW 4f r4 tQ g*p90 q :•. :,: , �p , • • �1.: f r ►.� -ded in zubdivislams= (a)-and-(b):.41license.mayrbe• issued, as Kc)" ad&46 '%"thlie` ai'i bdrIiWool ': � bYA dogs that . .z._ _ %" , iris iu F Jrq,r r�c,r y r�svemtlon o erue y vs itlained ?h@.11,3.ip9Ebsc,! ;older, and who'hat tieen*vacanated against rabiesi= The person whomSlre poems 1a+-1wU4Wdt8 M=t to tbte subdivision may ebol>iler4ftu . WQ gas established t ate45y the board ors of supervisof up to one, two, or three years. However, when issuing a license pursuant ins =der ilia chapter f .this subdivision, the license period shall not extend beyond the remaining period of validity for the rexe$titut.of rrztolty urent rabies vaodnatioa, :. . Werilization fees cn. Atnendod by 1;tajs.19K a 664, f 1; Ststs.1987, c. 1184, 1 1; Stats1998, c. 931 (S.B2139), $ 166, el1[, sit required under this rr Law Revision Commission Comments ii�aal aiiitrol agency o; .. .. - 1898 Amucdaumt -' ` ,` 'r . .� ;lielter,' or rescue group im-W of Section wu5 - - - • . - _-• �"-- - Seed= awl is amaa>dsd to ace=mOdate uac6aatcon of elicniaacaoa of the *t* CMt. Cal. egnat om 'VI.1, M). . muai sad superror axuta in a ceunry. Cal. Cones.i38 Ca1.L.ii4v.Comla ,i(apq�ctq bl.(1898)] arc- Vl. G(e). The aeecian is also amended to r4M 30804.7, NonspaM or unmeatened doss; fines ' e animal control agency Opemffi* Jars. 11 P00a ziety shelter, or rescue (a) The owner of a sonspayed or unneutered dog that is impounded once by a city or county animal control agency or she uw, society for the prevention of cruelty to submal,, or humane society, shall be fined thirty-five dollars *5) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars (*100) for the third or subsequent' Qcaurre ics. - Thm. flivs -are for unneutered impoaaded animals only, and are not in lieu of st,y lines or impound ilea imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. a issued for one-half or terioaxun that the dog (b) An animal control off cer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provkW in subdivision (a). The fines shall be paid to the local tmimieipaliW or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane `society shelter. Any funds collected under this section shall be expanded for the purpose of humane education, programs for low cost spaying and neutering of dogs, and any additional costa incurred by the public animal control agency or shelter, society for the prevention of cruehy to animal$ shelter, humane Society le is repealed, unless a shelter, or rescue group in the administration of the requirements of this division: x datq. (c) This section applies to each county and cities vithia mach county, regardless of population. (d) No city or county, society for the prevention of cruelty to animals, or humane society is suldect to arty civil action by the owner of a dog that is spayed or neutered in accordance with this section. (e) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, deletes or extends that date. , (Added by Stata.1908, c. 747 (A.B.19M), $ 4, operative Jan. 1, W.) neutered dogs; fines. Repeal This waion is wXalsd by ire otan tams on .Tan. 1, 006. fit" R x : Addhions or shames lndkated by underline; deletions by asterisks * * * 3 tJ 7 w 109 ATTACHMENT 2 q-1/�,�/' 1�1/ NOT Tf�A�S)'FR.46LF. ANIMAL CONTROL DIVISION ^� of Spay/Neuter/Vaccination Voucher The person named herein, having paid to the City of La Quinta all fees required, hereby is granted this voucher, which is redeemable within the next 45 days, at the designated veterinarian office for the purpose of spaying or neutering and a rabies vaccination, for the following dog: Name: Breed: Sex: Age: Color: Dog Owner: Address: Issued By: Date: Control No. O O 0 O 1 isA(K stray' 353 TWit 4 4 Q" COUNCIL/RDA MEETING DATE: November 2, 1999 ITEM TITLE: Public Hearing on Conditional Use Permit and determination of record of Lien for Property located at 78-120 Caleo Bay, La Quinta, CA RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J As of October 14, 1999, the amount of delinquent taxes, penalties and interest total $5,676.16. The taxes were collected from patrons and have not been remitted to the City. Since the September 7, 1999 Council meeting, the City has received $2,000 payment toward the amount owed. 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 1). On July 7, 1999, a follow-up to the Notice of Assessment of Delinquent Transient Occupancy Tax Penalties and Interest letter (Attachment 2) 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 as to why their license should not be suspended and a lien placed on their property (Attachment 3). On July 26, 1999, Mr. and Mrs. Harris outlined the steps they were going to take to pay the amount owed (Attachment 4) which they anticipated occurring by the end of August. 354 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 (Attachments 5 and 6). On September 7, 1999, the City Council met and set forth two public hearings for November 2, 1999 to discuss placing a lien on the property and revocation of the conditional use permit. On October 14, 1999, a Notice of Public Hearing was sent notifying Mr. & Mrs. Harris of the November 2, 1999 Public Hearing (Attachment 7). On October 22, 1999, the City received a Notice of Default from Valley Independent Bank dated September 21, 1999. 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. Order a lien to be placed on the Two Angels Inn property at 78-120 Caleo Bay, La Quinta, CA and/or consider suspension of the conditional use permit; or 2. Order a lien to be placed on the Two Angels Inn property at 78-120 Caleo Bay, La Quinta, CA and/or consider revocation of the conditional use permit; or 3. Determine not to schedule a public hearing at this time; or 4. Provide Staff with alternative direction. Res ctfully sub itt , ohn M. Falconer ax Administrator/Finance Director Approved for submission by: Thomas P. Genovese, City Manager 351 Attachments: 1. 2. 3. 4. 5. 6. 7. Listing of Delinquent Taxes, Penalties and Interest Letter dated May 26, 1999 to Mr. and Mrs. Harris Letter dated July 7, 1999 to Mr. and Mrs. Harris Letter dated July 25, 1999 from Mr. and Mrs. Harris Letter dated August 23, 1999 to Mr. and Mrs. Harris Conditional Use Permit 95-020 Notice of Public Hearing RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, SUSPENDING CONDITIONAL USE PERMIT NO. 95-020 FOR THE PROPERTY LOCATED AT 78-120 CALEO BAY, LA QUINTA, CALIFORNIA WHEREAS, the Planning Commission of the City of La Quinta, California, issued Conditional Use Permit No. 95-020 for the Harris' Two Angels Inn project located at 78-120 Caleo Bay, La Quinta, on or about July 25, 1995; WHEREAS, Mr. and Mrs. Harris ("the Operators") of the Two Angels Inn have failed to remit to the City the transient occupancy tax ("TOT") collected from guests, and have failed to pay the penalties and interest thereon; WHEREAS, the Operators have been assessed with and owe the following taxes, penalties and interest: WHEREAS, as of October 14, 1999, the amount of delinquent taxes, penalties and interest total $5,676.16. WHEREAS, the Operators have accepted the assessment, have promised to pay the amounts assessed, and said amounts have become final; WHEREAS, despite the finality of the assessment, the Operators still have not paid the assessment; WHEREAS, on November 2, 1999, the City Council held a public hearing to take evidence regarding whether, pursuant to La Quinta Municipal Code sections 1.01.250, 3.24.160, 9.200.130, and 9.210.020, Conditional Use Permit No. 95-020 shall be revoked or suspended; WHEREAS, on October 14, 1999, the Operators and the owners within 500 feet of the subject property were duly notified of the public hearing pursuant to sections 9.200.110 and 9.200.130 of the La Quinta Municipal Code; WHEREAS, on October 18, 1999, the Desert Sun published notice of the public hearing; WHEREAS, the Operators and members of the public were given an opportunity to submit written evidence and oral testimony to the City Council; M WHEREAS, the Operators were advised of their right to be represented by legal counsel during the hearing; WHEREAS, the City Council has considered the evidence submitted to it by the City staff, the Operators, and the members of the public; WHEREAS, pursuant to La Quinta Municipal Code section 1.01.250, the Operators failure to comply with the regulations governing the remittance of TOT constitutes a "a public nuisance" under the City's Code; WHEREAS, pursuant to La Quinta Municipal Code section 3.24.160, the City is authorized to suspend or revoke the Operators permits for their noncompliance with Chapter 3.24 of the Code, upon notice and following a pubic hearing; 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. 2. That the Operators are in violation of Chapter 3.24 of the La Quinta Municipal Code for failing to remit the TOT when due, and for failing to pay the penalties and interest on the unremitted TOT. 3. Pursuant to section 9.200.130.A.2 of the La Quinta Municipal Code, the City finds that there has been a change in conditions following the grant of Conditional Use Permit No. 95-020, namely, that the Operators have failed to remit TOT which they have collected on behalf of the City, and that such failure is detrimental to the general welfare of the City of La Quinta and its residents. 4. Pursuant to section 9.200.130.A.5 of the La Quinta Municipal Code, a Conditional Use Permit may be revoke or suspended on the basis of grounds set forth elsewhere in the Municipal Code, including, but not limited to, Chapter 3.24, specifically, section 3.24.160. The City finds that such grounds exist. 5. Pursuant to section 9.210.020.J. of the La Quinta Municipal Code, the City Council finds that the conditions under which the bed and breakfast is being operated are detrimental to the public welfare, and that the property is being maintained as a public nuisance as defined in section 1.01.250 of the Municipal Code. 6. Conditional Use Permit No. 95-020 is hereby suspended and shall remain in suspension until the assessed TOT, interest, and penalties are paid in full. The City Council hereby authorizes the City Tax Administrator to issue a termination of this suspension if and when he determines that the Operators, or their successors or assigns, have paid the assessed amounts in full. The issuance of the termination of the suspension by the City Tax Administrator shall fully revive Conditional Use Per No. 95-020. PASSED, APPROVED and ADOPTED this 2nd day of November, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 359 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, ASSESSING A LIEN UPON THE PROPERTY LOCATED AT 78-120 CALEO BAY, LA QUINTA, CALIFORNIA, APN 643-200-008-5, AND PROVIDING FOR COLLECTION ON THE TAX ROLLS FOR NONPAYMENT OF TRANSIENT OCCUPANCY TAX, PENALTIES AND INTEREST WHEREAS, Harold C. Harris, Jr. and Harriet S. Harris ("the Operators"), the owners and operators of the Two Angels Inn located at 78-120 Caleo Bay, La Quinta, Assessor's Parcel Number 643-200-008-5, have failed to remit to the City Tax Administrator the transient occupancy tax ("TOT") collected from guests, and have further failed to pay the penalties and interest thereon; WHEREAS, the Operators have been assessed with and owe the following taxes, penalties and interest: WHEREAS, as of October 14, 1999, the amount of delinquent taxes, penalties and interest total $5,676.16; WHEREAS, the Operators did not appeal the assessment, and instead have accepted the assessment, have promised to pay the amounts assessed, and said amounts have become final, but are still unpaid; WHEREAS, on November 2, 1999, the City Council held a public hearing to take evidence regarding whether, pursuant to La Quinta Municipal Code section 3.24.180, the City should file for recording in the office of the county recorder, a certificate specifying the amount of tax, penalties and interest due, and the fact that the tax administrator has complied with all provisions of chapter 3.24 of the Municipal Code in the determination of the amount to be remitted and paid; WHEREAS, on October 14, 1999, the Operators were duly notified of the public hearing; WHEREAS, on October 18, 1999, the Desert Sun published notice of the public hearing; WHEREAS, the Operators were given an opportunity to submit written evidence and oral testimony to the City Council; P•j J WHEREAS, the Operators were advised of their right to be represented by legal counsel during the hearing; WHEREAS, the City Council has considered the evidence submitted to it during the public hearing; 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. 2. That the Operators are in violation of Chapter 3.24 of the La Quinta Municipal Code for failing to remit the TOT when due, and for failing to pay the penalties and interest on the unremitted TOT, and that the amount due and owing is as follows: As of October 14, 1999, the amount of delinquent taxes, penalties and interest total $5,676.16. 3. Pursuant to section 3.24.180 of the La Quinta Municipal Code, the City Tax Administrator is hereby authorized to file for recording in the office of the county recorder, a certificate specifying the amount of tax, penalties and interest due, and the fact that the Tax Administrator has complied with all provisions of chapter 3.24 of the Municipal Code in the determination of the amount to be remitted and paid. 4. The City Tax Administrator 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 the above assessment herein at the time and in the manner of ordinary property taxes. 5. Pursuant to section 3.24.180 of the La Quinta Municipal Code, from the time of the filing of the certificate, the amount required to be remitted, together with penalties and interests, shall constitute a lien upon all real property in the county owned by the Operators or afterwards and before the lien expires acquired by them. The lien shall have the force, effect and priority of a judgment lien, and shall continue for ten years from the time of filing the certificate unless sooner released or otherwise discharged. 5. The City Attorney is hereby authorized to take any additional steps necessary to accomplish the recording of the lien provided for herein. 361. PASSED, APPROVED and ADOPTED this 2nd day of November, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: REGENIA HENSLEY, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California "FOP ATTACHMENT NO. 1 d c C• C a Q) 0) 0) - 0 0 0 00 0 0 0- 0�� IV mM 0 jCD N N N �OOCCOOCCNMCD(Ocp r L C Y C O r M 0) M m S Q Q Q Q Q Q Q Q Q w^ q o 0 0 O1� C e ZZZZZZZZZ60LD66 40 r- co O fA F- L L Y Y OO O Q CD 0 - y d2, ZZZZZZZZZ-N�- O O ( L Ul fA 4% 49 40 H T N N ryy w 0) O N O y QQQQQQQQQe-mmQQ ql� Z Z Z Z Z r; Z Z Z Z 4 o w Z Z ''Y^^ V/ N N C O) (Q co l0 0Y U 0) W)00000 C C C ' O O O O O O O O 1 L i WOO O (� M 0 0 0 0 0 0 0 0 w w E r-000000c000 ��� f` 0) m �J OD Nm� OiLO C1QOO�044O) tf°0O'��E m ur_(0�IVo�v�Mo-rnc � a NN�At)t�� N—aOQ N i I p `" c 0 c 0N0)0�NNM nOVMn —O MODO)coMLn n� 152 M66Y)tn0040 O0 DC14 MLnMUY N 0 ` �QNN �U&Lo mONe-hm C 0) LL vi tH ff! V! to iA � 6s ua fH MtH 69l fA lA o l0 �NO)oNNMOM V N 'a OODD 000 OI 17-0)OLo�MODOr-ht0000 O— �� NNa� Vo' �cn 0�CM7N���� M OD00o0ooMo000Ln 0 OD o x NO)O—NN OH p wo 0 �F- to )CooLo0o0NOD V00,r-M0 M M �H6N9�49�V:A�(NOD 64�69E9� 69 cm o_ v O400000000000v�o 0OD 0 f0 �rno�)NMc+��c�miv�r.v ao No y x G1 Clio 00o00gwPtc MLggm ~ F-� u7� NN d9�Q�NO- V) Ong NOD OD 7 �E9tHf9to 49690690gg � fH c E c (A OD OD OD S .� L O) • Q � 0 � C o OD 0) 0) � J C M a O coo) D O O �M o �Q E m aDGooco w E °1 E E W m rno�orn ol to UF-cAa Q���<0)oZ0nLL <mn0- 1 ATTACHMENT NO. 2 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 CITY OF LA QUINTA -By: John M. Falconer Tax Administrator 40.: MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 'Id % E m a'O A a2 C � E0 m n. 0 m y � tp O E ~ U d m E �o a co 0) 0 0) 0) rno)a0) 0 rnao�o) 0 qr cm � m c�\--r C\o at r0o0 0 CD OD aD w w w w w o 0 0 0 0) 0 0) 0)Of0000)gee �+)00 m00) r O r r O r \ \ \ \ \ \ \ 1y \ \ \ \ \ 1 Ncp r`OrnorcVr chv�(Q n 00I 0C08gVD�NNV-mNN�0 V N c�Of CoNmCONCmOCVCV NNN I� cp tO et IC) W Q O EO N �O r- 0 r r r A 0 O 0 0 r N N N N Ci C- C N 7 %d ti C,: C.: w w w w w w w w to w w w w w w w 0000000080000000 oc00000CaN on:Coo wwwwwww00w e�iwr-www of w www w o °)Ma°o'rnirG�N4c�cC cn0to0N�CU�l)0oN0crnovNcoi0oo0O0 r` O) r• r IT I to co w N C` IVw w w (DIVNN V-W C?0 co ON rwwwwwwrT-:ai(ri w ww www m Of to Nl-r IZO)m_ w w w rcNnaornOtOmui �W SE O O CO69,)1hf70 MSSWOONNO w64w60wwv=",r r i00 0 w w w LL rN00)rCMNC71A 0) >. r r 0) O 1A r C7 O 0 Ninowomoimm OO O V NNT-V VNQ �o � �wwwGo V-" 64 N a LD 0 * X O) to 0) O O � (O N N T In lC O O O L y m C C aO cXp v L 7 � F- m C u) 7 y Q y U L m 01 N o C o< EXw v 3 E d co m000o0000 ONO)O�NNMW r r O 0 IA r M m t0 1N-T N N- V Q N C) Q w www w w w w w W 0 0 0 0 0 0 0 0 � V-mowv-tN+ wo N O w w 0 m O m w H W 44 w t N - t4 0 rnrn O CD 0 O O m N °) °) 0)°) c 00 ate, �.= d� o Q<W0Z0 CV) at1-_000 OrC0000 1CJ1�-CC000 m0 CV) w w w V- C7 C7 www CV) ef1�000 )- h- Q O O O h 0) r) 0 0 0 IV C7 N w GO)w w w w r0iv00o0 r: P. to 0 o 0 7 W)) 0) in M f9 Go04 694► 80 0 n00)iiV) w .`0 w 0 r CD CV) N O r L to F0- O .0 W O L Y) Y) ti w -:5 E C p Oy -0 yCy y m L � O C _ m m r` L w a E m O Q' O) v r.m l0 C U L M m 3 w cx > d N MC O W m0 . 2 13 365 P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 It ATTACHMENT NO. 3 (760) 777-7000 (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 261e 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 - Viplations - 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 fr. July 20, 1999 at 1:00 p.m. at City Hall to allow you the opportunity to show just cause wh 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. nce�re/ly, /-1 John M. F coner Tax Administrator 366 u Qp G • + C C cc W �OOOOOOOONOCND�aND'i�aD O Milm �p E ti000000000NvoIAni'Mi! m � O N ..07 Q i. L— � t r CD 0 Q Q Q Q Q Q Q Q Q co� 0 0 CC� ZZZZZZZZZ�cv)cq ci � ui t s O m 0 Q Q Q Q Q Q Q Q Q q N O O 203 zzzzzzzzz,:MW6tOA H_ t19 to . O Uf ...L. 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E� CO CO Go CM 0) NE E E cc co y U4cna ¢IA (D0z0-9LL2Q2 . t0- I Twit 4 78-495 CALLE TAMPICO — LA CUINTA, CALIFORNIA 92253 - (760) 777-7000 FAX (760) 777-7101 TOD (760) 777-1227 NOTICE OF ASSESSMMiT 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 G� v �.in N1. Falconer -rax Administrator r MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 r,. I V� .r `E 10 O .0 E m E a� d d 7 � O io O O E ~ U E W a y L 7 O o l0 H LL O) � 0 O o�l0 O d cV a Ln c O N co N N 2M O d H O L Yl O aCM O exp 0 m L �oU) 5 Cf r J o, - oaU o `°dH 0 >0E�a�`� — i�rcoa5 co CD a 00 QfMm 0 to N�CA v �000 O mmmmmm0imm0� o�a,o�MMM o�a�aaia��a�� o�rno�mwm m�oo� mOIO�N•= Nf Q���p^ 0 0 0 0 0 V—�� o 0N0 0 0 0 0 In lC MSMO of Omf-NNNN r- m�gwanCDva CD IV V- V-�� (O�QI-mMO)M w F_U')1010IA -NNNNen- en- IV- N." U0,1-1�1-f.- W W W 40 60NN6%M 40GofA ... O O g 0 0 0 0 0 0 0 0 0 0 0 0 0 OO 000000� u')OOOOO W W W W W W W OO M Q CO N� N H N C14 . �y W W W 0)04 M CD c04cNOMtncoM04000 ^Of NC�QQcn0WCDQC4 0* OAN mW W W W W W '. ".' crl W W W W W W N � V7 •- of CO W W O�NO�Of �NNM10 MQ1� OOO .-MmOfmM10�� O�M000 cr1c0t0KltoONN1c/ 1nt�OCOC r-O)CDr- (Om NOM40 (DlCNN0 mOfN r WWWWWW�' _c'7c'7 W W W W W W �Naf Of�-NNMtff MQ1�000 •-r-0�010•-Mmfp I�/�m000 NtAtGtpOOf OiRlm ►�Ofl�000 Ln Q N N Q V N 0 w Ln M W W W 44 40 . . . 44 40 44 WWW m00000OOO 000000 0"==�NNMM') CV) Q1-000 r-��1fO��nlmm ^��OOGC N1[� �IAOOfOfMm f-- OfMWW W 1nC.NN�QQNO) qw00) r•,WWW446*'.744 —t7N W W W W W N O O O O O O O O 000 m 0 0 0 0 0 0 0 0 O O O ONafOiNNM1ff MvP, �- 0 0 Ln r M CO CO 1- 1_ tp NAM OW000Mm ►-Q1M L6 V7 Cq N o v lqi 6 V7 L6 � WNNNNW� W .- MN W W W W W CD cmcc CID CD m0CM0 0.0 - m ���0) aEi0 E E -.)Qv)020 coo N O N CD � 0 �r0000 10 jL01CDO N LL l 369 U —17 3.24.010 Chapter 3.24 TRANSIENT OCCUPANCY TAX Sections: 3.24.010 Short title. 3.24.020 Definitions. 3.24.030 Tax imposed. 32AO40 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. 3.24.1M 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. 3.24.2M Liability of purchaser Release. 3.24.240 Responsibility for payment. 3.24150 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-:uposes, and includes any hotel, inn, touri�- home or house, motel, studio hotel, bachelor hotel, lodginghouse..00minghouse, apartment house, time-sha- : project or facility, dormitory, public -r 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. (li QWnn 1-93) 60 - i�J (� ' i•'- ai.L1.4�v 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 manag'mg 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, firm, 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. 8 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. `Tune -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 fixture time or times. H. `Transient" means any person who exercises occupancy or is endued to occupancy by reason of 0000ession, 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. I. "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 ren: jeemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated the o..:upanL-1 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 -shad; 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,,' ` management fee" or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price, in any case wherein the time -shave right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable 61 3 t 1a.&Quhm14M 0 1- H 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.- ascribed 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 m 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 a ;nip*or. (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—Auding 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 remittanoGs. 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), 1992) 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 324.030, whether or not received, including any rentals charged for occupancies exempt under the provisions of Sections 3.24.0200 and 324.040 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 signatoes knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Sections 324.020G, 324.040 and 324.150 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 324.020E, 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 *ax 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 324.150 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 anv 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 § I (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 § I (part),1982) 3.24.120 Failure to collect and report tax--Dev mination of tax by tax administrator. If any operator fails or refuses to collect the tax and to make, within the time prow ded 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 () 91 314.120 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 prescribcd, 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 t .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) r 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 maser 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 the person to the operator. r. A transient may obtain a refund of .axes overpaid or paid more than once eironeously 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 finless the claimant establishes his right thereto by written records. (Ord. 2 § 1 (part), 1982) 3.24.160 Revocation of permit. 1 37 4 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 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 wiry 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 operatorwritten notice of the suspension orrevocation of any of his permits. The notices required in this section may be served personally or by matt 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, th- 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 filling for record, the amount required to be remitted together with penalties and interest constitutes alien 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 fast 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 Tien 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 .my amount required in this chapter to be remitted or paid or within three years after the last recording of a certificate under Section 324.160, 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) 65 .,, 3.24210 3.24110 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 anyproperty, real or personal, of the operator and sell the 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) 3.24.220 Successor's liability —Withholding 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) 3.24.230 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) , 3.24.240 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-aent of the penalty, the city may, within three years after the tax obligation became due, give notice the feof personally or by registered mail to r'l-persons, including the state or ary political subdivision thereof, having in their possession or i.fder their control any credits -or ot'-ar 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, otherpersonal 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 66 3 i .3.t4.- -Iv 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 § I (part), 1982) 324.260 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 requL _ � 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) 3.24270 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 lmown in any manner whatever the business affairs, operations, or information obtained by an invesdption 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) 3.24290 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) .- 0 i; 67 _ ` JUL-26-99 12:46 AM TWO ANGELR INN ATTACHMENT NO. 4 A1,SeAf xd !Srea4fwt hxkeepers 78-120 Caleo fty, 760.564 7332 glop and Nolly Yrarrk La iyinta, CA 92253 toafree 888.226-4546 c-nwil -dku%AngccQvaol.ccn►v www.bbuu1inc.mm'c&#1WozngLb fax 760-5rA 6356 by tax 777.7105 Mr. John Falconer Finance Director City of La Quinta a Dear John, July 2.5, 1999 As a follow up to our meeting on July 20th, this letter is to summarixc 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 awed, and thirdly, it is our commitment to get current just as soon as possible, as described in the following. This past winter was really our first season of high occupancy. In order to deal with the hectic pace it was nccc,.sary to expand our limited staff- This higher payroll and other cash demands coupled with the miscalculation of cash flow for the months following peak season caused us a short fall in funds from which we arc still trying, to recover. 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. "c second, and quicker solution is 9AA j'our Diamond Property featured in Country Inns Magazine 3 � V vember/December 1$98 J i JUL-26-99 12:47 AM TWO ANGELR INN 7605647332 P.63 the sale of one of our automobiles. We plan to use the proceeds from this transaction to pay the city occupancy tax duc. John, we want you to know that we understand the imrortancc of this rmattcr, and that in your position as finance director of the: city you will consider what is in the best interest of nth parties: the city, and a young and gnming business that h4s already received national and international recognition in the hospitHiity industry. Once again, we thank you for your time, your consideration, and your understanding. S' rc1y, Hap Harris Holly Harris Innkccper/owners a AAA ?our Diamond Property featured in Country Inns Magazine 3 i November/December 1998 El ;TUL-26-99 12;46 AM TWO ANGELR INN 7605647532 r A n Bed andBreakfast Yaz 760464-6356 Telephone 888-226-4546 �* o��� ,t�.�� Fax Number. 777 Tages: NOW AAA Jour +Diawnd property featured in Country Inns Magazine �I(Avtm6tr/�Dtctneber199� www4bonfine.com/ca/twoangels s ATTACHMENT NO. 5 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTAL 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 Hams: (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. /t 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) 3B Gem B. Gordon, Valley Independent Bank (via Certified Airmail) • T4ht 4 4 (.,. COUNCIL/RDA MEETING DATE: August 1, 1995 ITEM TITLE: . 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 P;7:71it 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 ST;y 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 ofthe 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 13 i-, jam Planning Commission Review 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: 1. Accept the report of Planning Commission action approving the Conditional Use Permit Application; 2. Request that a public hearing be held on the application in order to allow City Council review. f Jer y rerman C m unity 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) 333 ccss.106 2 I T T I- C.C. a A DATE: CASE: APPLICANTS: L,riCHITECT: REQUEST: LOCATION: ZONING: ENVIRONMENTAL DETERMINATION: GENERAL PLAN LAND USE DESIGNATION: SURROUNDING ZONING/LAND USE: SfAFFRPT.042 STAFF REPORT PLANNING COMMISSION JULY 25, 1995 CONDITIONAL USE PERMIT 95-020 HAROLD (HAP) AND HARRIET (HOLLY) HARRIS CHARLES MARTIN APPROVAL TO CONSTRUCT A 11-ROOM BED AND BREAKFAST INN WITH INNKEEPER'S UNIT ON ONE -ACRE SITE EAST SIDE OF CALEO BAY DRIVE, SOUTH OF LAKE LA QUINTA DRIVE C-P-S (SCENIC HIGHWAY COMMERCIAL) 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. M/RC (MIXED/REGIONAL COMMERCIAL) 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-SNACANT COMMERCIAL LAND 3 • 0 a 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 whir:n 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. STAFFRPT.042 '00 4 f)o31.� 0 • 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 bermsd 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 line. Jr STAFFRPT.042 5 0 111V 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 reuttived 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. SrnFFHMOU 31"87 035 Based on the above findings, Staff recommends: 1. Adoption of Resolution 95-_ approving a Mitigated Negative Declaration of E nv i ro n me nta I 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 SPAFFRPT.042 0 7 () 116 CASE MAP CASE Nm CONDITIONAL USE PERMIT 95--020 TWO ANGELS INN HAROLD & HARRIET HARRIS ATTACHMENT 1 I C NORTH SCALE: 383 NTS 037 R 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. 390 038 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 La Quinta, California ATTEST: 391 r L� JERgY HERq, N, Community Development Director Citv/of La Qu ta, California 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 78-495 Calle Tampico La Quinta, California 92253 39� 040 r: For: THE CITY OF LA QUINTA H. 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 Mandatory Findings of Significance 1II. 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 -ne effects that remain to be addressed. Signat►afe N Date c'?4 / Printed Name and Title: LESLIE J. MOLq4QUAND, Associate Planner 3 �9 pus. '� 4 12 • • 3.1. LAND USE AND PLANNING. Would the project: a) Conflict with general plan designation or zoning? (source N(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 toes)? 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 is 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 tttpture? 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? pounds" P—KWb s4owmes tm Than sturoes unless sesifKant IMP— Midgewd No X X X X X X X X X X X X X X X 3g X nvau. ' 13 vorouy - S*Mft .c tan TbM S*wk= UMbM S*Mfiaw Is*a Mot+d hopla 3.4. WATER. Would the project result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff.► b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? 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? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? 3.5. AIR QUAIXI T. Would the project: a)- Violate any air quality standard to contribute to an existing or projected air quality violations? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectional odors? X X No LMP- X X X X, X X X X X_ X 14 3.6. TRANSPORTATION/CIRCULATION. Would the project result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangero- intersections) or incompatible uses (e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on site or off site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 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? b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, te.g. oak forest, coastal habitat, etc.)? • PaeAsoly raeet.ur Lm Thor ssrm ur® senr— kw- MMaea bw— X P X No bnp- i7 X 3,9f nvass. iU 15 roe.dy Paedy Sipifos Us 71m S*Wk- Udm Swkft oc No b*- Mkimm b*- hap- d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? 3.8. ENERGY AND bIDVERAL RESOURCES. Would the project: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? 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? b) Exposure of people to severe noise levels? - 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 - X X X X X X 3S1 mU .16 PCIMMUr Pone dlr S*Vfnm LAS Thu soft= udm sqmr m hap— WWPNd UW- b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 3.12. LrfII.PM. Would the proposal result in a need for new systems, or substantial alternations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? 3.13. AESTHMCS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have 1 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 potential impact area? X X X X X ` X X X X .0 F.4 X� 398 X nvass. 17 • Pawn-Ily PMUM4 sesw— LM TMR s*M—u Utlm swdk- No tip— Mbo-d I"= inn 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 adequ .ely 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 ewe " document and the extent to which they address site -specific conditions for the project. o 4 . (;. nvass. .) V AIL 18 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 Le Quinta, CA 92253 June 29, 1995 4p0 • 2 TABLE OF CONTENTS Section Page 1 INTRODUCTION 3 1.1 Project Overview 3 1.2 Purpose of Initial Study 3 1.3 Backgrom .. 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 UpsetlHuman 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 26 5 EARLIER ANALYSIS 27 �Q �I 4,H 20 • 3 SECTION 1: INTRODUCTION 1.1 PROJECT OVERVIEW .An application from Harold and Harriet Hams 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 sue 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 (CEQAI. 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 enviromr. mtal 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 21 i10() • • 4 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 CEDA. The Environmental Officer for the Community Development Department prepared thm'lnitial 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 IMMP) 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. 03 4 22 • • 5 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 (msq 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 Quin.; 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? ok (49 23 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 e agencies with jurisdiction over the project? No Impact. The City of La Quinta has jurisdiction over this prof policies related to development of the inn are identified in the la Environmental Assessment (LuiAEA), and the Lake La Quinta dei plans or policies adopted by The primary environmental plans and tta General Plan, the Le Quinta Master approvals. The project site is within Redevelopment Area #2, which includes tl a northern portion of the City. The redevelopment plan for the City relies upon the General Plan to indic ate the location and extent of permitted development. As a result, the development of the inn is al io consistent with the adopted Redevelopment Plan. The development of the inn will not exceed thi i 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) r O. 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 ANO HOUSING Regional Environmental Setti..g 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 O� 4 0 5'� U • 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, Von'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 le.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) S 25 g 3.3 EARTH RESOURCES Regional Environmental Setting The City of La Quints 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 parti-3y 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 transacting 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. 26 • • 9 _ 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 1 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 ICsA). CsA soil has a medium runoff characteristic, slight erosion hazard, moderate blowsand potential, and low shrinkiswell potential. (Source: Soil Survey of Riverside County, California . Coachella Valley Area) 1. 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) v 5 F; 27 • • 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 andlor 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 Pol±,cant 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? 0 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. F. 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? 0-t1 015 6 • 12 r• 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 ts.r. 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 of projected air quality violation? 6 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.lday CO 7.2lbs.lday PM10 2.4lbs.1day Long Term Mobile Emission consist of the following: ROG 2.9lbs.lday Nox 0.7lbs.lday CO 22.8lbs.lday PM10 0.2lbs.Iday Long Term Emissions consist of the following: ROG 2.9lbs.1day Nox 0.9lbs.lday CO 22.8lbs.lday PM10 0.2 Ibs.lday SEDAB Thresholds: ROG 75lbs.Iday Nox 100lbs.lday CO 550lbs.lday PM10 150 Ibs.lday Difference : Project and SEDAB Thresholds: ROG 72.1lbs.lday Nox 99.1lbs.1day CO 527.2lbs.lday PM10 149.8 Ibs.lday Percent Over Thresholds: J kV o 31 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 yvill 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. 0-; vu61 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? 33 • • 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. L oca/ 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 r.here 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 andlor 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 amphibianslreptiles can also be found in the Sonoran Scrub area. 0.15 11pQ 34 • • ,7 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 resuh 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 POGO? 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) ".8 ENERGY AND MINERAL RESOURCES Regional Environmental Setting The City of La Quinta contains both area of insignificant and significant Mineral Aggregate Resources Areas (SMARM, 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 35 06A • 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 Tittle 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 UPSETIHUNIAN 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 older 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? 0111 Yl6 36 • • 19 No Impact. Construction and excavation activities will be confined to the proposed project site, except for minimal of -site work, such ai 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 withil�_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 ilkL: 37 • • 20 significant noise impact, the operational noise levels will not be able to exceed 70 dBA1CNEL. 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. Hotellmotel 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 developerlcontractor 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 38 0 21 and 1.2 volumes per capita to forecast future facility requirements. Utilizing these standards, in 199Z 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 Environmental 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 req uirements (such as fire sprinkler systems, construction materials, etc.) will be required. B. Would the project have an effect upon, or result in the noel 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. 0. 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. N71© • • 22 L. 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 Environmentel Service., The City of la Quinta is served by the Imperial Irrigation District (110) 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.110 has four substation in la (luinta, 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 servedrby 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 wate., 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 ��IV communication. It is anticipated that an internal communication system will be installed in the inn. HbH 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. Jr 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. a • 24 _ 8. 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 fighting 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 Ague Caliente (Palm Springs)'area, the Desert Cahuilla Ifrom Palm Springs east to the Salton Seal, 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 n 13 and after the construction of the railroad. The Coachella Valley was the site of the most popular A N 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 (luinta. 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 IARU #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. D. Would the project have the potential to cause a physical change which would affect unique cultural values? 43 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 Regional Environmental 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? .f 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: MANDATORY FIADINGS 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 k`�<j 15065 of the CEQA Guidelines and based on the results of this environmental assessment. 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 CEO,A 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 Seen prepared for the project that will become a part of the conditions of approval attached to the p-eject approvals and permits. Prepared by: slie J. 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AAA z o I m CA p GrM rcx rA C. v� .� A -0 .r u aW as Ps a �' g c C6 E of ()8") 56 AIL AlL W Now Qi A U p�q �Q a� U UU . w L 0 d a �' L7 0 z ao F C E r Wz !4.0 zz � _ c C G O - Z ..+ o � L �•`' z ~ E.. _ _ On U O C � a c e� °CL awe d = y o ri Wz�Fv� 57 �8 %n v, o% 0% a � cazl U W NOW - d A - zUm Q O av U a� d to a. � � a C az �F y as co co E O t w U�CC1C.a s T =PCgE C+ .U2 aw z E � � •� � E1 •- L o rM � � Os 58 Ak W .d A U� �A av U� d o F � � U c d aW dU z •o � E o � > , z as �v a od a wl rA aw �- Ix Ix d� 0ce 06 Wd J� :a.c cr U � or a' >A a o — .fir z, c=i W o C o�c � .0 e a g� A k k�N Alk Akk Ey - e z �w av UV e a W F a U G7 Z F , G7 - z �o nF zz a� �a 0 w 0 aW e� Z yr tn a z v 4�1 $b84) 60 0 ATTACVENT 2 - CC% CONDITIONS OF APPROVAL - FINAL ~` CONDITIONAL USE PERMIT 95-020 - HAROLD & HARRIET HARRIS JULY 25, 1995 1 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 Conditidnal 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 useda. 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. I 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. A CONAPRVL333 Og11 61 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 c 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 t`,e City Council, the City Clerk is authorized to file these Conditions of Apprroal 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. 44� CONAPRVL.333 62 i�S'l • • 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 ermit. 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. U� CONAPRVL333 63 08�-,' 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 0 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. r 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 I -le 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 64 0 " . 3 it 28. Grading, landscaping and other improvements along the Caleo Bay frontage shall be designed to provide adequate vision clearance for traffic the development. 29. The applicant shall employ construction quality -assurance measures which the approval of the City Engineer. 30. The applicant or applicant's successors in ownership of the property shall an perpetual maintenance of private street and drainage facilities, landscaping, other improvements required by these conditions. 31. The applicant shall pay all deposits and fees required by the City for pla checking and construction inspection. Deposit and fee amounts shall be thos in effect when the applicant makes application for the plan checks and permit . . 32. Provide or show there exists a water system capable of delivering 1000 gpm b a 2 hour duration at 20 psi residual operating pressure which must be availab 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( ) as measured along approved vehicular travel ways. 34. ' Prior to the issuance of a building permit, applicant/developer shall furnish o blue line copy of the water system plans to the Fire Department for revie, Plans shall conform to the fire hydran' types, location and spacing, and t system shall meet the fire flow requirements. Plans must be signed by registered Civil Engineer and the local water company with the followii certification: 01 certify that the design of the water system is in accordance wi the requirements prescribed by the Riverside County Fire Department. 35. Install a complete fire sprinkler system per NFPA 13R. The post indicator valy and fire department connection shall be located to the front within 50' of hydrant, and a minimum of 25' from the building. CONAPRVL.333 446 65 M 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 Nationat 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 opeNting 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. Al!- controlled access devices that are power operated shall have a Knox Box ,ver-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. 0 CONAPRVL.333 ,,1�b ATTACHMENT NO. 7 Til* 4 4 Quhtz P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 NOTICE OF PUBLIC HEARING October 14, 1999 Mr. and Mrs. Harold Harris 78-120 Caleo Bay La Quinta, CA 92253 (760) 777-7000 (TDD) (760) 777-1227 YOU ARE HEREBY NOTIFIED that on Tuesday, November 2, 1999, at 7:00 p.m., in the City Council Chambers at the La Quinta City Hall, located at 78-495 Calle Tampico, La Quinta, California, 92253, the City Council of the City of La Quinta will hold the following two public hearings: (1) A hearing to determine whether to revoke your conditional use permit pursuant to La Quinta Municipal Code sections 3.24.160 and 9.200.130; and (2) A hearing to determine whether to record a lien upon your property pursuant to La Quinta Municipal Code section 3.24.180. The property which is the subject of these hearings is located at 78-120 Caleo Bay, La Quinta, California. At the hearing, you will be given an opportunity to present testimony and other evidence to the City Council. The basis for these actions is your failure to remit Transiency Occupancy Taxes when due, and your failure to pay the past due amounts assessed, as outlined in the City's previous notices to you. According to the City's records, the following amounts are due and owing: As of October 14, 1999: Transient Occupancy Tax $4,977.33 Penalty 497.73 Interest 201.10 Total $5,676.16 Because these actions may impact your property rights, we urge you to seek the advise and representation of legal counsel. If you challenge the actions taken by the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. OHN FALCO ER Tax Administrator/Finance Director cc: Doug Diekmann, CDC Small Business Finance Corp. Gerri Gordon, Valley Independent Bank All property owners within 500 feet 11