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2000 06 06 CCLa„l� O� �O`z • 1G�/��(�GV OF L19 CALL TO ORDER City Council Agendas are now Available on the City's Web Page @ www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting June 6, 2000 - 2:00 P.M. Beginning Res. No. 2000-50 Ord. No. 344 I. Roll Call Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION 1 . PUBLIC EMPLOYMENT - CITY ATTORNEY - PURSUANT TO GOVERNMENT CODE SECTION 54957. (Continued from May 16, 2000) 2. PUBLIC EMPLOYEE - CITY MANAGER - PURSUANT TO GOVERNMENT CODE SECTION 54957. 3. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8, CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY GENERALLY LOCATED SOUTH OF CALLE TECATE. PROPERTY OWNER/NEGOTIATOR: THE CITY OF LA QUINTA. 4. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON, MARK WEISS AND JOHN RUIZ REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS. 001 NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, IF THE CITY IS CONSIDERING ACQUISITION OF PROPERTY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES ARE NOT INVITED INTO THE CLOSED SESSION MEETING. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. XORW Iul_m_[6li`Kelff&l4`IZ0 APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF MAY 16, 2000. ANNOUNCEMENTS PRESENTATIONS - None WRITTEN CORRESPONDENCE Ko1'-R_-7"k ALOMM;M Note: Consent Calendar Items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 6, 2000. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY MIGUEL LORENZO, DATE OF LOSS FEBRUARY 24, 2000. 3. ACCEPTANCE OF PROJECT NO. 99-07, FISCAL YEAR 1999-2000, CITY-WIDE MEDIAN LANDSCAPE IMPROVEMENTS (CALLE TAMPICO, AVENIDA SINALOA, AND AVENUE 52). 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION AGREEMENT FOR PARCEL MAP 29613, RJT HOMES. Page 2 OUP, 5. ACCEPTANCE OF FOUR (4) GRANT OF EASEMENT DEEDS CONVEYING RIGHT-OF-WAY FOR STATE HIGHWAY 111, ADAMS STREET, DUNE PALMS ROAD, AND MISCELLANEOUS ONSITE STREETS (UNNAMED) TO THE CITY OF LA QUINTA IN CONJUNCTION WITH THE LA QUINTA CORPORATE CENTER DEVELOPMENT. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28838-2, REILLY HOMES. 7. APPROVAL OF APPROPRIATION OF ART IN PUBLIC PLACES FUNDS FOR ART PIECE BASE. 8. APPROVAL OF THE 1999 ANNUAL CULTURAL RESOURCES REPORT FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM. 9. AUTHORIZE THE CITY MANAGER TO SIGN AN INDEMNIFICATION AGREEMENT TO ACCOMMODATE A GOLF CART TUNNEL BENEATH THE PUBLIC RIGHT-OF-WAY THAT WOULD EXTEND FROM THE SOUTHWEST CORNER TO THE NORTHEAST CORNER OF JEFFERSON STREET AND AVENUE 52, UPON THE CITY ATTORNEY'S APPROVAL AS TO FORM AND PRIOR TO COMMENCEMENT OF TUNNEL CONSTRUCTION. 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. A. RESOLUTION ACTION 2. CONSIDERATION OF A COMMUNITY SERVICE GRANT REQUEST FROM THE LA QUINTA HIGH SCHOOL FOUNDATION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A COMMUNITY SERVICE GRANT REQUEST FROM THE SHERIFF'S EXPLORER POST. A. MINUTE ORDER ACTION 4. CONSIDERATION OF THE SOUTHEAST ANNEXATION SURVEY QUESTIONNAIRE AND FACT SHEET. A. NO ACTION 5. CONSIDERATION OF A RESOLUTION DECLARING THE CITY'S INTENT TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 2000-02 (UTILITY UNDER -GROUNDING), A RESOLUTION PRELIMINARILY ADOPTING AND APPROVING THE ENGINEER'S REPORT AND APPOINTING A TIME AND PLACE FOR HEARING PROTEST TO IMPROVEMENTS IN THE PROPOSED ASSESSMENT DISTRICT NO. 2000-02 (UTILITY UNDER -GROUNDING), AND APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO BID THE IMPROVEMENTS FOR THE UTILITY UNDER -GROUNDING. A. RESOLUTION ACTIONS B. MINUTE ORDER ACTION Page 3 0 O ri 0 6. CONSIDERATION OF CONTRACT CHANGE ORDER NO. 4 TO E. L. YEAGER CONSTRUCTION COMPANY FOR RUBBERIZED ASPHALT OVERLAY ASSOCIATED WITH THE WASHINGTON STREET BRIDGE IMPROVEMENTS, PROJECT NO. 98-09. A. MINUTE ORDER ACTION 7. CONSIDERATION OF FORMATION OF A MUSEUM EXPANSION COMMITTEE. A. MINUTE ORDER ACTION 8. CONSIDERATION OF APPROVAL OF A VISA/MASTER CARD CONTRACT WITH THE LA QUINTA COMMUNITY SERVICES DEPARTMENT. A. MINUTE ORDER ACTION 9. CONSIDERATION OF A RESOLUTION ISSUING LIMITED OBLIGATION IMPROVEMENT ASSESSMENT BONDS FOR ASSESSMENT DISTRICT 2000-1 (PHASE VI IMPROVEMENTS); AND CONTINUING DISCLOSURE CERTIFICATE; A RESOLUTION DETERMINING UNPAID ASSESSMENTS; A RESOLUTION COVENANTING DILIGENT PROSECUTION OF FORECLOSURE, A RESOLUTION AWARDING THE SALE OF LIMITED OBLIGATION IMPROVEMENT BONDS AND AN APPROVAL OF A PAYING AGENT AGREEMENT. A. RESOLUTION ACTION(S) B. MINUTE ORDER ACTION 10. CONSIDERATION OF A RESOLUTION CONDITIONALLY DENYING, WITHOUT PREJUDICE, THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE GRANTED TO COLONY COMMUNICATIONS, INC., D.B.A. CONTINENTAL CABLEVISION. A. RESOLUTION ACTION 11. CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES, ADDING A MOTORCYCLE OFFICER AND A DEDICATED SERGEANT TO EXISTING SERVICE LEVELS. A. MINUTE ORDER ACTION 12. SECOND READING OF ORDINANCE NO. 343 AMENDING TITLE 2, CHAPTER 2.75, SECTION 2.75.030 (MEMBERS) AND CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE CULTURAL ARTS COMMISSION AND COMMUNITY SERVICES COMMISSION. A. READ BY TITLE ONLY AND ADOPT ORDINANCE 1. DISCUSSION OF MUSEUM EXPANSION. 2. DISCUSSION OF RENEWAL OF THE CITY'S FRANCHISE AGREEMENTS FOR SOLID WASTE COLLECTION AND RECYCLING WITH WASTE MANAGEMENT OF THE DESERT. Page 4 REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. LEAGUE OF CALIFORNIA CITIES COMMITTEES 7. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 8. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 9. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 13. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS. B. POTENTIAL IMPACT OF TORRES-MARTINEZ DESERT CAHUILLA INDIANS PENDING LEGISLATION. 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. B. STATUS REPORT ON APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES. 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR 9. POLICE CHIEF 10. BATTALION CHIEF MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF MEDIAN LANDSCAPING ON EISENHOWER DRIVE FROM WASHINGTON STREET TO COACHELLA DRIVE AND ON WASHINGTON STREET FROM AVENUE 48 SOUTH TO THE BRIDGE - COUNCIL MEMBER PERKINS. (Continued from May 16, 2000) RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PRESENTATIONS 1. PRESENTATION OF LA QUINTA HIGH SCHOOL AND AMISTAD CONTINUATION SCHOOL ART AWARDS. 005 Page 5 PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. CONTINUED PUBLIC HEARING ON SPECIFIC PLAN 97-029, AMENDMENT NO. 2 AND DEVELOPMENT AGREEMENT, AMENDMENT NO. 2, A REQUEST FOR APPROVAL TO MODIFY THE SIGN REGULATIONS, ALLOW CAR DISPLAY RACKS, AND OTHER MAJOR CHANGES AND APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT IN REGARD TO DEFINITIONS. APPLICANT: STAMKO DEVELOPMENT COMPANY A. RESOLUTION ACTION B. WAIVE THE READING IN FULL AND INTRODUCE AN ORDINANCE BY TITLE ONLY 2. CONTINUED PUBLIC HEARING ON SIDE DEVELOPMENT PERMIT 2000-667, AN APPEAL OF PLANNING COMMISSION APPROVAL FOR ARCHITECTURAL AND LANDSCAPING PLANS TO CONSTRUCT A ONE-STORY 6,600 SQUARE FOOT COMMERCIAL PAD BUILDING EAST OF DOWNEY SAVINGS AND CONCEPTUAL APPROVAL OF AN ADDITION TO VON'S SUPER- MARKET, LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND WASHINGTON STREET WITHIN PLAZA LA QUINTA. APPLICANT: M&H REALTY PARTNERS A. RESOLUTION ACTION 3. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 99-391, AND APPROVAL OF GENERAL PLAN AMENDMENT 2000-066 AND TENTATIVE TRACT MAP 29563, A REQUEST TO AMEND THE CITY'S CIRCULATION ELEMENT TO REDUCE THE SIZE OF PRIVATE STREET CUL-DE-SACS FROM 45 FEET TO 38 FEET AND APPROVAL OF A 30 SINGLE-FAMILY SUBDIVISION IWTH PRIVATE STREETS LOCATED ON THE NORTH SIDE OF WESTWARD HO DRIVE, 150 FEE WEST OF DUNE PALMS ROAD. APPLICANT: CENTURY CROWELL COMMUNITIES A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, APPROVAL OF A SPECIFIC PLAN AND CONDITIONAL USE PERMIT ALLOWING FESTIVAL GROUNDS, PARKING LOTS, ADMINISTRATIVE AND CLASSROOM BUILDING, AND ANCILLARY FACILITIES ON 28.33 t ACRES LOCATED ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47T" AVENUE AND 48T" AVENUE. APPLICANT: LA QUINTA ARTS FOUNDATION. A. RESOLUTION ACTION(S) 0031 Page 6 PUBLIC MEETING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2000/2001. A. MINUTE ORDER ACTION. 6. A JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA AND CATELLUS RESIDENTIAL GROUP TO CONSIDER TERMINATION OF TWO AFFORDABLE HOUSING AGREEMENTS BETWEEN THE REDEVELOPMENT AGENCY AND CATELLUS RESIDENTIAL GROUP. A. RESOLUTION ACTION(S) 7. A JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMEN ADJOURNMENT DECLARATION OF POSTING T I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of June 6, 2000 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, June 2, 2000. DATED: June 2, 2000 UNE S. GREEK, CMC/AAE City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. O0r Page 7 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: JUNE 6, 2000 ITEM TITLE: Demand Register Dated June 6, 2000 RECOMMENDATION: Approve Demand Register Dated June 6, 2000 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 41182 - 411881 3,120.23 41189 - 412011 41,211.42 41202 - 412081 15,835.80 41209 - 412131 532,688.23 41214 - 412221 3,375.75 Auto Mall Cks} 98,115.64 Wire Transfers) 189,352.60 P/R 4990 - 5131 } 169,948.10 P/R Tax Transfers) 50,341.74 CITY DEMANDS Payable Warrants: 41223 - 413761 744,453.12 RDA DEMANDS FISCAL IMPLICATIONS: Demand of Cash -City Falconer, Finance $1,848,442.63 $1,161,409.04 $1,161,409.04 687,033.59 $1,848,442.63 0 0 S CITY OF LA QUINTA AUTO MALL BANK ACCOUNT TRANSACTIONS 3/8/00 - 4/5/00 CHECK # 1026 STAMKO DEVELOPMENT $98,115.64 TOTAL TRANSACTIONS $98,115.64 00; Z CITY OF LA QUINTA BANK TRANSACTIONS 5/10/00 - 5/30/00 5/24/00 RDA ESCROW - MIRAFLORES $139,504.00 5/12/00 WIRE TRANSFER - DEFERRED COMP $5,434.65 5/12/00 WIRE TRANSFER - PERS $13,335.35 5/12/00 WIRE TRANSFER - CREDIT UNION $6,338.00 5/26/00 WIRE TRANSFER - DEFERRED COMP $5,454.65 5/26/00 WIRE TRANSFER - PERS $12,947.95 5/26/00 WIRE TRANSFER - CREDIT UNION $6,338.00 TOTAL WIRE TRANSFERS OUT $189,352.60 A' 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:28AM 05/30/00 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.*** 41223 05/30/00 &01090 JAMIE ACECEDO 35.00 41224 05/30/00 &01091 W BUFFIN/LA QUINTA PARTNR 99.26 41225 05/30/00 &01092 ROCHELLE CARLTON 90.00 41226 05/30/00 &01093 FRANK GREENWOOD 20.00 41227 05/30/00 &01094 FAOSTINO ESPARES 35.00 41228 05/30/00 &01095 JOHN MOYER 35.00 41229 05/30/00 &01096 GERARDO MELGOZA 35.00 41230 05/30/00 &01097 MACARIO TREE SERVICE 35.00 41231 05/30/00 &01098. BETTY OR MARVIN C NORMAN 36.00 41232 05/30/00 &01099 PREFERRED PLUMBING 20.00 41233 05/30/00 &01100 JOANNE THOMPSON 40.00 41234 05/30/00 &01101 LUDINGTON LINK GENERAL 250.00 41235 05/30/00 &01102 PAUL SMITH 50.00 41236 05/30/00 &01103 NICHOLAS AKERS 100.00 41237 05/30/00 &01104 SUSANNE BALLARD 25.00 41238 05/30/00 &01105 JAY BETZER 25.00 41239 05/30/00 &01106 SHARON GIBA 10.00 41240 05/30/00 &01107 RITA MOLLEN 25.00 41241 05/30/00 &01108 ERLINE RABIN 29.00 41242 05/30/00 &01109 ADRIAN CHILPA 245.00 41243 05/30/00 &01110 PATRICE M D'ETREMONT 10.00 41244 05/30/00 &01111 LAWRENCE SILVERMAN 45.00 41245 05/30/00 &01112 R D WINKLE COMPANY 50.00 41246 05/30/00 AlRO01 A-1 RENTS 85.95 41247 05/30/00 ABLO01 ABLE RIBBON TECH 294.83 41248 05/30/00 ACT100 ACT GIS INC 2745.46 41249 05/30/00 ADA200 ADAMS ELEMENTARY SCHOOL 500.00 41250 05/30/00 AEP010 AEP 180.00 41251 05/30/00 AMC050 A & M CONSTRUCTION 3730.00 41252 05/30/00 AME017 AMERICAN ARTIST 19.97 41253 05/30/00. AME035 AMERICAN INNOTEK INC 944.39 41254 05/30/00 AME200 AMERIPRIDE UNIFORM SVCS 148.08 41255 05/30/00 ARRO10 ARROW PRINTING COMPANY 298.21 41256 05/30/00 ASCO01 A & S COFFEE SERVICE 310.00 41257 05/30/00 ATT075 AT&T WIRELESS SERVICES 184.84 41258 05/30/00 AUT030 AUTOMATED TELECOM 220.54 41259 05/30/00 AUT040 AUTOMATIC STOREFRONT 145.00 41260 05/30/00 BRI100 BRINKS INC 270.30 41261 05/30/00 CAD010 CADET UNIFORM SUPPLY 193.72 41262 05/30/00 CAL166 CALIFORNIA PAVEMENT 115882.05 41263 05/30/00 CAR300 CARQUEST 24.78 41264 05/30/00 CDW050 CDW GOVERNMENT INC 1515.93 41265 05/30/00 CHE200 CHERRYBROOK 149.95 41266 05/30/00 CLA050 CLASSIC AUTO TRANSPORT 48.00 41267 05/30/00 COA030 COACHELLA VALLEY INSURANC 282.00 41268 05/30/00 C00300 VALI COOPER & ASSOC INC 28891.76 41269 05/30/00 COS050 COSTCO BUSINESS DELIVERY 881.11 01.L 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 11:28AM 05/30/00 PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 41270 05/30/00 COS060 COSTCO WHOLESALE STORE 218.49 41271 05/30/00 DAT010 DATA DISCOUNT 548.08 41272 05/30/00 DES020 DESERT FLAGS & POLES 1210.03 41273 05/30/00 DESO40 DESERT JANITOR SERVICE 4508.64 41274 05/30/00 DES051 DESERT SANDS UNIFIED SCHL 67.50 41275 05/30/00 DES060 DESERT SUN PUBLISHING CO 3984.33 41276 05/30/00 DES065 DESERT TEMPS INC 7217.70 41277 05/30/00 DIE050 DIETERICH POST 2353.56 41278 05/30/00 DOU010 DOUBLE PRINTS 1 HR PHOTO 27.28 41279 05/30/00 DRU100 DRUMMOND AMERICAN CORP 429.88 41280 05/30/00 EIS010 EISENHOWER IMMEDIATE CARE 480.00 41281 05/30/00 EMP020 EMPIRE COMPUTER SOLUTIONS 22139.05 41282 05/30/00 EXP200 EXPRESS DETAIL 315.00 41283 05/30/00 FED010 FEDERAL EXPRESS CORP 394.90 41284 05/30/00 FIR005 FIRELINE FIRE EQUIPMENT 514.47 41285 05/30/00 FIS050 FISHER BUSINESS SYSTEMS 64.65 41286 05/30/00 GAS010 GASCARD INC 348.74 41287 05/30/00 GIB100 MICHAEL P GIBBENS 58.82 41288 05/30/00 GOV300 GOVWORKS, INC 55.00 41289 05/30/00 GUY100 GUYS & GALS UNIFORMS 380.95 41290 05/30/00 HAR100 JOHN HARDCASTLE 58.56 41291 05/30/00 HEGO50 JIM HEGGE 951.00 41292 05/30/00 HEN100 HENRY'S GLASS CO 101.64 41293 05/30/00 HER010 JERRY HERMAN 403.79 41294 05/30/00 HOA010 HUGH HOARD INC 576.19 41295 05/30/00 HOM030 HOME DEPOT 2393.22 41296 05/30/00 HOR100 DODIE HORVITZ 70.40 41297 05/30/00 IMP010 IMPERIAL IRRIGATION DIST 16904.65 41298 05/30/00 INF030 INFORMATION RESOURCES 250.00 41299 05/30/00 INL200 INLAND POWER EQUIPMENT CO 45.10 41300 05/30/00 INT20Q INTERNATIONAL EQUIPMENT 6869.07 41301 05/30/00 JAC300 RUSSELL JACQUES 2000.00 41302 05/30/00 JAS100 JAS PACIFIC 9953.70 41303 05/30/00 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 41304 05/30/00 KEL010 KELLY SERVICES INC 2006.36 41305 05/30/00 KIN100 KINER/GOODSELL ADVERTISNG 2975.99 41306 05/30/00 KRI100 BRUCE KRIBBS CONSTRUCTION 1076.00 41307 05/30/00 KUL050 KULI IMAGE INC 612.73 41308 05/30/00 LAI030 LAIDLAW TRANSIT INC 1108.88 41309 05/30/00 LAQ030 LA QUINTA CAR WASH 39.80 41310 05/30/00 LOW100 LOWE'S COMPANIES INC 16.92 41311 05/30/00 LQV010 LA QUINTA VOLUN FIRE PGA 63.22 41312 05/30/00 LUB050 LUBE SHOP 51.54 41313 05/30/00 LUC050 LUCENT TECHNOLOGIES 529.44 41314 05/30/00 MCDO10 MC DOWELL AWARDS 73.76 41315 05/30/00 MCK010 McKESSON WATER PRODUCTS 389.23 41316 05/30/00 MCM210 LESLIE MCMILLAN 200.00 41317 05/30/00 MOM100 MOM'S GAS STATION 851.12 41318 05/30/00 MUN010 MUNI FINANCIAL SERV INC 3302.28 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:28AM 05/30/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 41319 05/30/00 NAW010 RON NAWROCKI 1500.00 41320 05/30/00 NEX010 NEXTEL COMMUNICATIONS 2714.13 41321 05/30/00 NIC101 NICKERSON & ASSOCIATES 7967.50 41322 05/30/00 OLI100 OLINN MESSAGE CENTER 96.19 41323 05/30/00 PAG100 PAGING NETWORK SAN DIEGO 291.00 41324 05/30/00 PAL010 PALM SPRINGS DESERT RESRT 80867.00 41325 05/30/00 PCR100 PCR 57420.00 41326 05/30/00 PER010 RONALD A PERKINS 25.39 41327 05/30/00 PIT010 PITNEY BOWES CREDIT CORP 308.05 41328 05/30/00 POW100 POWERS AWARDS 35.56 41329 05/30/00 PRE015 THE PRESS -ENTERPRISE CO 639.46 41330 05/30/00 PRI020 THE PRINTING PLACE 2233.19 41331 05/30/00 QUI100 QUILAN PUBLISHING GROUP 154.89 41332 05/30/00 RAL050 RALPHS GROCERY CO 127.64 41333 05/30/00 RAS020 RASA - ERIC NELSON 2935.00 41334 05/30/00 REL100 RELIANT FUND-RAISING 180.69 41335 05/30/00 RIV080 RIVERSIDE COUNTY HEALTH 945.00 41336 05/30/00 RIV100 RIVERSIDE COUNTY SHERIFFS 214886.63 41337 05/30/00 RIV101 RIV COUNTY SHERIFF/INDIO 962.40 41338 05/30/00 RIV130 RIVERSIDE COUNTY SUPPLY 121.50 41339 05/30/00 ROS010 ROSENOW SPEVACEK GROUP 20111.37 41340 05/30/00 RUI100 JOHN RUIZ 106.91 41341 05/30/00 SAL050 DAVID SALES 300.00 41342 05/30/00 SAX100 SAXON ENGINEERING SERVICE 3150.00 41343 05/30/00 SHA040 ROSITA SHAMIS 200.00 41344 05/30/00 SIM025 SIMON MOTORS INC 3.45 41345 05/30/00 SMA010 SMART & FINAL 280.30 41346 05/30/00 SMI300 SMITTY'S DIESEL TRUCK/RV 109.71 41347 05/30/00 SOU003 SOUND IMAGE 305.00 41348 05/30/00 SOU007 SOUTHWEST NETWORKS, INC 11891.06 41349 05/30/00 SOU100 SOUTHLAND GEOTECHNICL INC 175.00 41350 05/30/00 SPE060 JIM SPENCER FLOOR COVERIN 1659.70 41351 05/30/00 STA045 STAN'S AUTO TECH 171.90 41352 05/30/00 STA050 STAPLES 23.17 41353 05/30/00 STA150 STATER BROS 87.57 41354 05/30/00 SUN050 SUN BADGE CO 148.98 41355 05/30/00 SUN080 SUNLINE SERVICES GROUP 462.89 41356 05/30/00 TDD050 T D DESERT DEVELOPMENT 9.00 41357 05/30/00 TDD052 T D DESERT DEVELOPMENT 140.00 41358 05/30/00 TER100 TERRA NOVA PLANNING & 3317.75 41359 05/30/00 TOP010 TOPS'N BARRICADES INC 251.97 41360 05/30/00 TOT010 TOTALPLAN 1052.72 41361 05/30/00 TRIO10 TRI LAKE CONSULTANTS INC 23592.00 41362 05/30/00 TRI100 TRI STATE LAND SUVEYORS & 26465.00 41363 05/30/00 TRU010 TRULY NOLEN INC 224.00 41364 05/30/00 ULT100 ULTIMATE INTERNET ACC INC 20.00 41365 05/30/00 US0100 US OFFICE PRODUCTS 2138.87 41366 05/30/00 VAN075 VANDORPE CHOU ASSOC INC 1687.50 41367 05/30/00 VER010 ROMANO VERLENGIA 187.12 of ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:28AM 05/30/00 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT .41368 05/30/00 VER050 FREDRICO VERDUGO 300.00 41369 05/30/00 VID050 VIDEO DEPOT 14.46 41370 05/30/00 VIK010 VIKING OFFICE PRODUCTS 67.85 41371 05/30/00 VIP100 V I PEOPLE INC 1643.52 41372 05/30/00 VON010 VON'S C/O SAFEWAY INC 6.01 41373 05/30/00 WAL010 WAL MART STORES INC 137.74 41374 05/30/00 XER010 XEROX CORPORATION 3929.04 41375 05/30/00 YOU100 YOUNG ENGINEERING SERVICE 6655.76 41376 05/30/00 ZUR050 ZUMAR INDUSTRIES ING 431.79 CHECK TOTAL 744,453.12 z C N M LO 1D r m m 0 H r H H In O E Z 0 0 0 M n x U u ,n n n ,n u� u� C. W E+ H H c� a LO LO Lo Lf) L, LO Ln Ln tn U') Ln LO Q E E+ E E E E H F H E E. E+ a r N o �D o 0 0 0 0 Cl 0 0 0 0 m F O N O O O O O O O O O O O Z W E. 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O o O O O O O O O O O O O O O O O O O o 1n D O .--I '-1 r-I O O O O O O O O O O O O O O O O O O O o r O Y1 .--I O O O '-I '-1 '-i 1- 1-1 'i r-1 1-1 1-I rl 1-1 H H ri H .--1 .-i .--I H 1- O U E H D D D H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z Q H a. 0Y a s a m m m m m m m m m m m m m m m m m m m R4 26 z ID r m .-1 N M M m CM V' O N a' N I'D r 0) O rL m m m o o O ON 0) r rn o rn o 0 0 o Ch o cY O E-F z O 0 0 M O \ N x N U N N N N N N M N Lr)H m N N N N N N O W U' E Q H N 1-4Lr) N N N N N N N N f N N N NH N N N N H N N" N N N N N N H H N fi N a pa F F E F F E F F H F F F F E E H E F r N p� H lD fi r N O O N r T w O o O O lD C' N m N r N .-I O N r N N N Ol T O z W E z 1D fi O m O O O £ O N N r M O kD r N N M N N V' �+ O fi f-i M V' ri rl m a o N N H O O ID �r N m N N H o C' r [- W w 0 r O C r M lD r m �D u) co U m f-1 Cl M E .� lD u) a C lD M H fiz z H H H H W Ga W > a u) co RC W W O O E W F Q Q Q U Q H Q O Q Q O Q Q Q z O E O z U z (D z Q E+ O U H F+ O £ E o F O £ 0 E+ 0 F O F+ O H z W to W H El H H> E FI F+ a El E a E E F H Q u)`� o a s a H O w H x O U U a W W t7 D 0 cr., O a O m W a O a(n 0z 0 m W D; O u) W m W m W u) W x O > tZ 0 H H a U 0 z 0 ix 0 u7 0 H 0 W F 0 H p H H H H 0 0+ % - z U z li+ G+ W Q Q H z W z O z a z X W z a z a a a a z W W H u) W w w F w U W w W W W $ x w a W a a a a W H H > rwr�C rwr� r>r�� Uo > p> rw cn p E F F£££ w> to 1-1 > D> m H au) Q> D> u) D cn D m D m D> w O U O U w w U W H p P'+ N N M M ID r fi m O > I > W tp N V' N fi M r r r r O O O O N N .-i o z z £ ID o N M M M c v� al, O H p H D a\ C V' M N N N N V' N H Q z - v' r•i lD f-1 lD fi r N N m N m N m N m r O r O H x a � w w w D: I O 0 w F tk O o O O O O 0) O O o fi O O O O M v C 14 O O O O O O m O O O N O O O O N O O Im £ O O o O O O N O O O m O O O O m lD lD O N .-i M f-I H r 01 M r1 M N M H fi M M 0\ 01 z N ID �D M cT lD c lD M lD O O O O O o O O O O O O F z N N .-1 O N N N t`'1 N r-I M M N r-I N r N M M D N N O N N N N O 0 N o O O O N N N N O c IT O v v c N N Q N N fi fi M M r 1 H U ci � fi o O C) fy o fi 0 c) 0 C> o r O fi O o cD fi o n O fi O cD o f-I 0 fi 0 fi 0 rl 0 c) 0 u) El U U z M 0 H z z z z o Q Q FCCQ Q Q O a Q H H H H O O N H H N H H H t) a "$ N u) u) u) H H a Q U z U z z (D z (D z 0 z D p w U z U z W w w W w oc w W% w Ed Ea W W W W W W Z U H H Q 0.0 O O I a a a a a a W F H El)E' El El F O O W El x W a W oc w a w W w tz w > 0 a 44 E-+ w a w s 0 u) v) u) to Da DL D. a a z > > > > > > O W O a s \ F E+ E F O O pq H Q D O O z O O z O O U H p (� O W a O W a,to U a a a' U U R >i OI Q a z z z z a O O z X X 0 03. `j a s o 0 0 0 0 0 o w a H x4 H H H z O a Q a Q a Q a Q w w a w D x x o a D w > > >> > s 3 3 a X X H w w z 0 > O o 0 o 0 0 o O o o 0 0 o 0 0 o 0 o D 0 1 i o fi o .--4 o .--I o •-1 o H 0 N 0 N 0 .-I o O fi o fi r1 o fi o 1- 0 fi o r-I o f-1 o -4 o O F a a a o4 a s a a s z a a a a oY D: U H W W W W W W W H H H H O Q Q Q Q W W Q U > > > > > > > > > > > > S 3 S 3 X X 27 z v OD m o HLr) • o r o o H H r F z O O O M H Ln N U Lo Ln N N N N Ln O W E. H N N N N N N U a Ln N N N u1 N ul £ CA ElF+ El E E+ E+ F W r N a N O O "o N V' rn E n r o O r r o 0 z E W z H H N N N w Ln i O .o N m N u1 M H Q 4 H H H H M c w LT o r r Q Ln H N in M O C M w 4 > > > < o w U) 0 �' `n `� 0 0 U F W W F U U U F E. H a a x x O OH 0 = W O > x a x o U U u n H n H m H H W z z z w w z w 0 0 0> 1 a a> o H> m U U a a a u) cn Uw m oo H n a C V O w Ln rn > I > (A w Ln o) m r c N z z x m M c c C H o) H n H O c r I I I o) m H z r m 0 0 0 Ln r p O Ln O O O N N a � w m 1 x I o O w E ul M w O O V C C H M p7 w w u) Ln u) m m O M at Ln u'f in M M z O O O O O O o w w w w w r r F z M M V• cl' d' N (Y) O Lo u) Ln u) Ln Ln u) O U U H H H H H H H 0 0 0 0 0 0 0 H H H H H H H w W W U U U H H H > > > a W 1.3 o; U)i U)i z z M H H 0 0 0 z z z m m Ln H H H H H W W a E E+ fz R a H H W W W F [a -I I 0 0 z z z ul cn a z O a0 z z z z z pq H U U W W W H H a s on w w 0 0 0 a o m z X X E k W z 0 > 0 0 0 0 0 0 0 p 'A H 0 O o Ln Lo H x a 5 0 5 z a r.� U x X p O >� N N I 0 FCr a w W 0 F V K 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:53AM 05/25/00 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.*** 41214 05/25/00 CAL050 STATE OF CALIFORNIA 328.40 41215 05/25/00 COA080 COACHELLA VALLEY WATER 5.00 41216 05/25/00 INT005 INTERNAL REVENUE SVC-ACS 200.00 41217 05/25/00 LAQ050 LA QUINTA CITY EMPLOYEES 351.00 41218 05/25/00 PRO100 PROFESSIONAL EQUIPMENT 250.70 41219 05/25/00 RIV040 RIV CNTY DISTRICT ATTORNY 468.00 41220 05/25/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 41221 05/25/00 UNIO05 UNITED WAY OF THE DESERT 150.00 41222 05/25/00 UNU050 UNUM LIFE INS 1472.65 CHECK TOTAL 3,375.75 0 3 uf% 29 .-I n N m aD n OR 0 0 O a x E 0 E Cl) 0 m E m E m E rn E d O �y z H o a N m 0 o 0 0 0 N 0 o r-4 1n m 0 r O In 0 o aD kD 0 0 O 1n o 0 O e-4 in Ln �o 1; N �n � m m a fHq aP 1n m VJ O P4 N a H Q m O N Q co �.7�' V' O O H O H N -0 x y µ Ux] ai H f N H H H R H Z W U o 'Tr m A a w P: > P+ � C� a o O V a N oq A P\c 55 a V % w Q x y P: H Oqq z R p m N 41 x N ( O] A a 41 a a q a 41 N oq A Z a qq q' a Z m o m Pa of O O w Ow E' P4 o o n o o 0 0 0 0 0 0 0 0 o 0 o 0 ri N N m co LO H N N m N N en O r H N N H N N In N N Ol m N o O Op In 00) O 0 O 0 r n m O O O O O o O O 0 O O 0 U 'y p •-I in e► N H O rl H O rl H O rl '-I O H H O H '-I O H rl O 'i NO en 0 0' wa a w H �i H O r a a W H a La H D [J p . o O 0 in 0 O 0 O 0-i O o a 0 0i y 0 0 0 v U 037 30 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:20AM 05/24/00 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.*** 41209 05/24/00 AMC050 A & M CONSTRUCTION 41210 05/24/00 COA080 COACHELLA VALLEY WATER 41211 05/24/00 DES051 DESERT SANDS UNIFIED SCHL 41212 05/24/00 GTE010 GTE CALIFORNIA 41213 05/24/00 USPO10 U S POSTMASTER CHECK TOTAL 6780.00 115.75 524711.48 47.11 1033.89 532,688.23 ri N r'1 v Ill �D r z° 0 0 clao Ln x W p] W W ,.i o rn r o o to a.,a co H I rn CD H o + o .i r �► rn W r 'i rn n mo am ID V Ln r co .� 0)o o m Ili ri 'i r ri o LD N tn a O U x o P. 3 3 a a a IU+ A a o 0 m Inko mto d' N o m to O to O N .4 al H LD Im H O O ko O %D O 10 n a w a o Ei a W o 0 0 0 o 0 r O 0 O 0 O 0 IrCI �y a, 0 .4 'o M a Al co 'o v CND In In 0 rn In N O N N O N r 1 o C11 d' O 01 rn In .-1 d' O1 to O U '-1 '-1 0 0 ri 0 0 Ill N N 0 'i rl a rn 0 oz H 3 w `W H � O kl a � a p 0 0 0 0 Ill 0 m 0 CD 0 CD o 40 Ill o1-4 a' U V q C7 7 N ro m In m a 033 32 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:43PM 05/18/00 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.*** 41202 05/18/00 COA080 COACHELLA VALLEY WATER 12591.12 41203 05/18/00 GTE010 GTE CALIFORNIA 598.26 41204 05/18/00 GTE020 GTE TELEPHONE OPERATIONS 511.15 41205 05/18/00 JCT100 JC TOURS 810.00 41206 05/18/00 OLI200 JEFF OLIVAS 100.00 41207 05/18/00 SOU002 SOUL OF CHINA 281.24 41208 05/18/00 WEL025 WELLS FARGO BANKCARD 944.03 CHECK TOTAL 15,835.80 0 4 41, 33 O z w H N m a In w n m 01 O �"� H N H H m �-1 a nl Ln rl w H n rl m rl m eel O N ri N a N N In N N H n N w 1' Ol Ln Ol Ill N m O m In n m H 'i n n co d• OI Ln m 1 1 N a In N 01 0 m O se OD 'm i OD o 01 m m w a Ill H N o In V) n In m v O m m i n N H .� - O O O O v O Cl! O H m i Ill " O Ol r4 * H 14 H N .I In In Ill w e m w H H H I4 H M n In 11 .-I N H Ill .-I OD O OD N N cli H ID N m Ln 1 O O 0 O O In � Ifl Ill W �a z x to:A 9 O) D O] > VJ > UJ > P > W D Oyi OWW] > V] > Fa -I H > a Q�y H Mp4 � Q H pV�� 3 3 x3: pOI, 3 {O�] 3 OV;J 3 3 (W� 3 w w �W7 a �1A7 a �W77 a {sW77 w DD pOgJ W DD U m m O .7 ,7 O O :V to O O O' O m H M n v '-I 3 w H N w N N m .H v .-I H M Il .j m w O O O O m m w w VI O .-+ n .-1 0 N W N O 1aI O N O O O n M m pq w w In w Ian MNM w w w w in w n w Ln tn m n n d �7 co .� n O N m Ill m m In m m n O O N O O O O a V' 0 o m o w w w w w o In o In In m In m m u r w o o o o m w o o o o 0 o o O w w w .� w w In o In In In In n m m M m O O o O o m m m m m m m m m m N w w w' w w w w w w w w w w w w w w w w w m v v a .a o o w m m n n •r m m m m r v Ill Ill In n m 01 m m m O o Ill Ill o Ill o m In Ill ICI H H In H H 0 0 0 0 0 0 0 0 0 a O 0 0 0 0 0 0 0 0 0 3� 3 3 3 3 3 3 3 3 3 x 3 O o o 0 O o O O O O o O o W O DD 00 m OD a 0 0 0 aD 0 a0 O O O O O O Oµ� O O OWy OWH OW.I 0 O OWE �0 O 0 t H O O O N O 04 A O 34 N z 0 0 co m O W H a a M In d o E a d a� d I'+ N O ri a co N d O) O �aQHb1 {H��j PrI F £ H 03 W A rl H q LD Wa 0 m d A H N d a P° o w a o W o o N O o U 1-4 ,4 o o o tn W a N w o a w to w o Ln 0 rj � U 0 W Ln m c In a Fy 04 35 ACCOUNTS PAYABLE — AP5005 CHECK REGISTER 2:39PM 05/11/00 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.*** 4118.9 05/11/00 CAL040 CALIFORNIA VISION SERVICE 1055.65 41190 05/11/00 CAL050 STATE OF CALIFORNIA 328.40 41191 05/11/00 CAN050 CANADA LIFE ASSURANCE CO 482.13 41192 05/11/00 INT005 INTERNAL REVENUE SVC—ACS 200.00 41193 05/11/00 LAQ050 LA QUINTA CITY EMPLOYEES' 351.00 41194 05/11/00 PET010 PETTY CASH/CITY LA QUINTA 483.58 41195 05/11/00 PRI050 PRINCIPAL MUTUAL 35995.87 41196 05/11/00 RIV040 RIV CNTY DISTRICT ATTORNY 468.00 41197 05/11/00 SPRO10 SPRINT 74.63 41198 05/11/00 SUP100 SUPPORT PAYMENT CLEARING— 150.00 41199 05/11/00 TRA030 TRANSAMERICA INSURANCE 49.88 4.1200 05/11/00 UN1O05 UNITED WAY OF THE DESERT 150.00 41201 05/11/00 UNU050 UNUM LIFE INS 1422.28 CHECK TOTAL 41,211.42 04 -5: ar' 36 O N N M n 00 D, O H H H N H H H H H aD H Oi H T n H 0 0 z N H '� tn m rn rn m rn c� £ m m EE rn cW� E H E E H H a a rn N [{ 7•[d Lei 1D O d' M H O O O O O O O O d' D\ M i[7 O O O eT O O H O n O O O N n in H O O M 1D S N CDM .y OD N N 40 V' O O N H �21 M O n H O M H O 0 O� H N M 0 H n O M H O d� CO H M H OD N CO tp V' O n a '^ Ln tD O eF M H O O O O GD �1 n GO o O In H N M (n o co o O N p .+ q �1 M H H H ��py£,� H H H H �(y$a7 M b to D1 Ch q a0 LD O H W N H MW V�i t(/�� V�Wji V�ji pVW4� t/��i O NO [G V! sue. � � i? � � � � a' �a �a � �a �a �a �w �w �w �w � � � W H o [H H c0 H Pi 4.) PG V! Ri N ai V C. Cvf/C�� RC ��i(CJj RC �iVVCjj AC W (LlCj (G/Ji ai CV[]i fC �7 tRlJi RC (x/]'i R'i ai z H w � H fY '• ++ �+ w "✓ w m a w a a i A W a > a a a a a a a a a w a a a a � w a H q W y O b H Cl LD H O n O H O n O D1 M H O M H q H O n H rn z H In z M co 0.' a a a O W H x o 0 0 o 0 o O 0 O o 0 O 0 0 o 0 0 O 0 0 O 0 0 O 0 0 o 0 0 O 0 0 O 0 0 0 O O 0 0 0 b 0 0 0 0 0 0 0 0 O 0 0 O 0 'Jy LL'1 M N H N N n M N H N N M N N M N d' M O n M o n n M 0 n M 0 H kD w n M 0 Ln n O M n 0 m " w H M N M M N H N N m M 1D �-I ^� p o O O O O O O O O O O O O O O O O O M 1n H H tn N H in N H o H M m N H in V' N H O O N V' N O -0 00. O O O O O O O M ui H U Up' H O H H O H H O H H O H H O H H O HHH H O HHH H O HHH H O -4 H O H O HHH H O H H H o O H4 HHH H O r. H O H H O H H 0 H H O H 8 E1 a � � U � a a a ��qy ra rah ra ra ra sad aaC H H %� ',� a iTi W H U H U H U H U H U H V H U H U H H U U H U q1 H (/ A I� l9 Yi G s z a Z �a z�� p Ol E z z > a y H w w w w a a a a a s a ai p O o 0 LO o Ln Ln O O Ln 0 H 0 H 0 H 0 H 0 H 0 H 0 H 0 0 H H 0 H 0 ut 0 1n 0 a 0 H p y� H Uri oa t7 oa t7 00z 4 0 0 [0� W 0H W 0H W 0y H 0H W 0y W H0 W Ho OH H W a�y W 0 0 00 H 0 W u U U U H a w a a a a a a a a w w a a o 37 0 0 z IG1 H N (l1 N H \ N O W a a m VTV H 01 E Ot H Ol H Oi EI N �I O O O; Go W OI C' O O O f[1 H co N N a N - H N H N H W r) O l0 O C' O y In Go W 01 O O O a co N N j�aii O !-I N H-I 1 H N F FA H 4J to to N O p iLn a a w arA a 0 a a m q O W to cn H La H A a 0 N O F w a I o E w a o 0 H O 0 r o 0 LO 0 0 0% [� ° U N N O O H O fn N O O H O N N O O H O M N O O H O z c f1 0 Ln rn ° H 04 w a a w o ® w H a a v1 to o 0 � O 0 H a W 0 x z try 7 CE 1 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:43AM 05/10/00 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.*** 41182 05/10/00 &01064 MARGARET DOLAN 45.00 41183 05/10/00 &01089 ALLISON WALTERS 29.00 41184 05/10/00 COA080 COACHELLA VALLEY WATER 668.98 41185 05/10/00 GTE010 GTE CALIFORNIA .65.07 41186 05/10/00 NEW200 NEW & RECYCLED PROMOTIONS 1486.22 .41187 05/10/00 SPE010 STEVE SPEER 470.41 41188 05/10/00 STA050 STAPLES 355.55 CHECK TOTAL 3,120.23 39 °z .-I n .� N M a 1n IO n m 01 O H H 1-1 N M .-I H sF 1n to O 0 to tea' a++ O£W Ei O O O O NMI I I I m N Cl O i a O 1n O 01 N �n CI n a N 41 t0 m M N d' �D O 1n n N HN n N m N v rn s! M N N M M N CD •-1 O 1f1 In M M O N w O O 1n O O o m 01 m to n O In N N to co .4 a} O O 1n 1n 1n Ln M V' N VD W VUJf .0 ,VY�CI, Vim' m [Q� z O�� m 1a-� H !�yU�y v�044 1.� N z tt"11 {HSSQ [i U H K 1} PqG IU��IJ V a Q a U r• m m U .7 U U .7 U .7 U U U .7 a m O OUy H H a N N Q ELi' Ei La a Q W a Q m a a z�'i [y W (�tm�J7 3 3 t��Wm]1 3 3 3 la-1 IR+ y��+1 �*- li7y++ ty1+ to �/! 0 W W H Q o a. (([rrr]]] GGGGGG - W M M N M O M O , O M .-4 .�i 6 0 n M .-1 m n IO H W p 1 i. H q H q 'J .7. H Fi a£ x 1n M LO sT C� 01 sT N 10 O ID .-1 n O 0 m n O 1n m n O In m n O m m N n O m .�-1 rl O O w 0 O O m to w O O n 0 w 00 N Ol V� .i W n 1n n N O O H O N H er W W 1 p E a w � w x o w ai W o o O 0 0 O n n w M m 1n M o Ln M m o M In o M .n m M M In 1n 1n o M N In m o w N M M l0 ID ID -4 N m O O O O o 0 n M eF O n M a 0 O M m m M o 01 O to w m m O �D O 1n 01 O �D O m m O �D m m 0 O ID In m 01 01 O O ID ID .-I O m m m rl O M ID �o O -e m In r4 .-I M M ID �D 1n 1n 1n O ID M o n M �D N 1n .4 O n 0 Q U U O O O m 1n 0 H w H w H w 0 w 0 H w -0 V -0 '-I O rl 1-4 y 0 O 0 O sr O O O O 0 0 O O O 0 0 0 O O 0 0 O O 0 O 0 O .--1 O .-1 to Mo O7 Ln W W W w Q1 w a oa u H u u u u u u u u u u z p p p U v %D O O m m 0 o o m O 0 m 0 O 0 m O O 0 m O O 0 m O 0 m HOC 6 0 0 m m o O O O 0 0 m m O O O O 0 0 r1 • I OWW 0W H E 0 O 3N3 fa 0 .-1 O a 0 1n 0 H a u w m v u u u u u u u u u c� co ZZZ m m Al T4ht 4 4 Qu&& COUNCIL/RDA MEETING DATE: June 6, 2000 Denial of Claim for Damages Filed by Miguel Lorenzo, Date of Loss February 24, 2000 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Miguel Lorenzo, with a reported date of loss of February 24, 2000. FISCAL IMPLICATIONS: Z CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: A claim was filed by Miguel Lorenzo, with a reported date of loss of February 24, 2000 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. recommended that the City Council deny the claim (Attachment 2), and forwarded a correspondence to the claimant denoting the rationale for that recommendation, i.e.,the City was not given advanced notice concerning the need for maintenance to the street (Attachment 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Miguel Lorenzo, with a reported date of loss of February 24, 2000; or 2. Accept the claim, or some portion thereof; or 048 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: t f,/ Thomas P. Genovese, City Manager Attachments: 1 . Miguel Lorenzo Claim for Damages 2. Letter from Carl Warren & Co. 3. Letter from Carl Warren & Co. to Mr. Miguel Lorenzo 043 FORM #1 (FRONT) ATTACHMENT 1 rn_t vvi i n: CLAIM FOR DAMAGES CITY CLERK'S OFFICE RESERVE FOR FILING STAMP P . O . _BOX I504 � TO PERSON OR PROPERTY CLAIM NO. LA QUINTA, CAL. 92253 RECEIVED 2909 APR 28 PH 2: 15 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2.) CITY OF LA Q U I N T A 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec.911.2.) CITY CLERIC'S OFFICE 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. a Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of city] ' LA-avl N Date Birth of Claimant Natne of Claimant � v G.0 0 L Occupation of laC L � �L�--P� Home Address of Claimant City and State 'LS,O e. -m ON Wfff 3 b .S C Home Telephone Number - 0l 0 Business Address of Claimant City and State Business Telephone Number Give address and telephone number to which you desire notices or communications to be sent regarding this claim: Claimant's Social Security No. r 2I /}2 �1 7ll1Q� , G U When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date —" 00 Time 14MA AM If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side oft hoe:. Where appropriate, give street names and address and measurements from landmarks: ON W(�lSl'� VVZ J-0Y`, <x Y\ 0s syy1 lQ s Describe in detail how the DAMAGE or INJURY occurred. W .�, y AA JY C %-, c OVY4 o` v-,o Is -0— Z d i d Y1 -- PcA-y G i � Y` � 't a � � 6 tJ VNJ-� k I a� o n when ►�okiced i- ,� .y i lc 1wasv + Uror �-i yl 7- fives k- 4o deake,Y ship +o c.1ecK i4 { q f6Ur.d a� }�1ece, of ^ `"rA I-P- jy stvc�. i WVo kv-q- Why do you claim the city is responsible? DY 1fl W0014 Describe in detail each INJURY or DAMAGE Of SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REA4 Cf'GIDE 004 FORM # 1 ( BACK) The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ......................... $ 910- 60 Expenses for medical and hospital care ......... $ Loss of earnings ............................ $ Special damages for ........................ $ General damages ...........................$ Total damages incurred to date .............. $ Total amount claimed as of date of presentation of this claim: $ Future expenses for medical and hospital care .... $ Future loss of earnings ....................... $ Other prospective special damages ............ S Prospective general damages ................. $ Total estimate prospective damages .......... $ Was damage and/or injury investigated by police? INJO If so, what city? Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAREFULLY For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle: location of City vehicle including North, East, South, and West: indicate place of accident by at time of accident by ' A-1" and location of yourself or your vehicle at "X" and by showing house numbers or distances to street corners. the time of the accident by "B-1" and the point of impact by "X" If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. CURB_? 2`d Signature of Claimant or person filing on his behalf giving relationship to Claimant: SIDEWALK SIDEWALK Typed Name: Date: 051 Nd E: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) G'05 4 AvvLCHAIv�PION MITSUBISNI 68-130 KYLE ROAD CATHEDRAL CITY, CA 92234 (760) 770-7100 ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE IN THE ORIGINAL PACKAGE WITH ORIGINAL PART NUMBER ATTACHED. NO EXCEPTIONS. NO RETURNS ON ELECTRICAL OR SPECIAL ORDER PARTS. NO RETURNS AFTER 30 DAYS. 20% RE -STOCK CHARGE ON ALL RETURNED PARTS. DISCLAIMERS OF WARRANTIES Any warranties on the product sold hereby are those made by the manufacturer. The seller hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. DATE ENTERED YOUR ORDER NO. IDATE SHIPPED INVOICE DATE INVOICE 1 MAR 00 10 1 MAR 00 1 1 NUMBER 7368 S **QUOTE** S o ACCOUNT NO. 99X H PAGE 1 OF 1 L I D P CASH RETAIL T T 0 0 SHIP VIA SLSM. B/L NO. TERMS F.O.B. POINT 195 1 1 CASH I CATHEDRAL CI PARTNO, DESCRIPTION LIST I NET AMOUNT OM. SNIP W 1 1 SO MR298795 CONDENSER 267.58>267.58 _267.5E 1 1 099 MR270457 RECEIVER A 77.54 77.54 77.54 3 3 SHOP R134 NEW-FREON 17.87 17._87 53.61 *** I' N V 0' I C E Q U 0 T E -- DO NOT PAX LUBE OIL AND FILTER CHANGE & CAR WASH ONLY $21 .95 ! ! ! PARTS 398.7. ALL FACTORY ACCESSORIES 10% OFF SUBLET FREIGHT 0.0( THANK YOU FOR YOUR BUSINESS ! SALES TAX 30.9( CUSTOMER'S SIGNATURE X ME TO THE DESERTS' #1 MITSUB - 50? VVMCHC UUALI 1 T K) 6UIL 1 IIY. SERVICE/PARTS HOURS: MONDAY TO FRIDAY 8:00 a.m. - 5:00 P.M. SATURDAY 8:00 a.m. - 2:00 p.m. CUSTOMER COPY G(l� EVA LORENZO MIGUEL LORENZO 66900 IRONWOOD #1702 DESERT HOT SPRINGS, CA 92240 SERVICE ADVISOR: FERNANDO ALDAPE PAGE 1 •� CHAMPION wrsullim 68-130 KYLE ROAD CATHEDRAL CITY, CA 92235-2600 BAR N AG-167812 (760) 770-71 00 EPA 0 000123298 REPAIRDATE WRITTEN READY STOCK NO. VEHICLE IDENTIFICATION CUST. NO. TAG NO. P.O. NO. INVOICE PRINTED' INVOICE NO, 1MAR00 01MAROO Y0954 4A3AA46GXYE092047 E092047 T143 01MAR00 142577 TIME IN TIME READY YEAR MAKE .$ MODEL >s TELEPHONE NO. I,ggpp f1ATDELIVERY E DATE PFItPA er BOA 2000 MITSUBISHI GALANT 65.001 08FEBOO 20 200 MILEAGE IN <, MILEAGE OUT LICENSE NO. MISCELLANEOUS COMMENT / LOCATION 1148 1148 OUST STATES A/C DOES NOT BLOW COLD ADVISE 026 FOUND DAMAGE TO A/C CONDENSOR DUE TO ROAD REFLECTOR COLLISION WITH CONDENSOR ... LEAKED FREON 9 CP 0.00 0.00 * PRE -INVOICE ** DESCRIPTION TOTALS LABOR AMOUNT 0.00 ORIGINAL ESTIMATE AUTHORIZED ADDITIONS PARTS AMOUNT 0.00 GAS,OIL, LUBE 0.00 $ $ SUBLET AMOUNT 0.00, MISC. CHARGES 0.00 X TOTAL CHARGES Q , Q Q CUSTOMER SIGNATURE LE INS A I acknowledge notice and oral approval of an O • OO increase in the original estimated price. SALES TAX 0.00 PLEASE PAY X THIS AMOUNT Q • V VI CUSTOMER SIGNATURE CHAMPION MITSUBISHI WHERE QUALITY IS BUILT IN SERVICE DEPARTMENT HOURS ARE 7:30 TO 5:00 MONDAY THRU FRIDAY & SATURDAY 8:00 TO 2:00 SHUTTLE SERVICE MONDAY THRU FRIDAY ONLY THANK YOU AND HAVE A NICE DAY! 0� w� Q 0 0TTCT0MrP OnPV TO: City of La Quinta ATTENTION: John Ruiz, Risk Manager RE: Claim Claimant D/Event Rec'd Y/Office Our File ATTACHMENT 2 May 1, 2000 Lorenzo v. City of La Quinta Miguel Lorenzo 24-Feb-00 28-Apr-00 S-108146-DBK We have reviewed the above captioned claim and request that you take the below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. AY n dicated Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400. Orange, CA 928M �} ' Mail: P.O. Box 25180 • Santa Ana, Ca 927995180 �✓ Phone: (714) 740-79M • (800) 572-6900 • Fax: (714) 740-9412 00 8 Miguel Lor zo 2580 ahquitz Canyon Way #316 Pa Springs, CA 92240 RE: Principal Member City Date of Incident Claimant Our File Dear Mr. Lorenzo: May 3, 2000 CJPIA La Quinta 09/02/98 Miguel Lorenzo S 100149 DBK ATTACHMENT 3 As claim administrators for the self -insured City of La Quinta we have made a careful examination of the circumstances surrounding the captioned occurrence. The city maintains the roads on a maintenance program, which is all that is, required of them. They also conduct corrective maintenance when notified of problems. This action does not, however, make the city responsible for your damage. It is cost prohibitive and impractical to expect city crews to anticipate every possible condition that may cause damage. Cities are, therefore, insulated from responsibility resulting from conditions of which they have no knowledge or notice. Normally, insurance companies sell coverage whereby persons can insure themselves against damage resulting from an occurrence such as this. If you have not already done so, you may want to consider submitting your claim to your insurance company if you purchased such coverage. The letter does not affect the notice that will be sent to you by the City of La Quinta regarding the disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been cc: City of La Quinta cc: CJPIA C:ARL WARREN & (;00 CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 . Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999• (800) 572-6900 • Fax: (714) 740-7992 laq—roads d., 05..�))+ ^�l jot R0b� ; rp, MAY 5 �00 y C Y 01 i_A ('U rsIn CITY fAP-V,AGi 'S DEFT, GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren & mpany DATE: 05/03/00 750 The Cit rive, Suite 400 CLAIMANT: Miguel Lorenzo ange, CA 92868 FILE NO: S 108146 DBK D/EVENT: 02/24/00 FILING DATE: 04/28/00 SIX MOS.: YES PRINCIPAL/CITY: CJPIA/City of La Quinta. RECOMMENDED ACTION ON CLAIM: Claim Rejection. FACTS: The claimant alleges a piece of reflector from a City street damaged his air conditioned of his vehicle. The City did not have notice of a hazardous condition. POSSIBLE CO-DEFENDANTS: None. EVALUATION: Doubtful liability, no notice of the condition. RESERVES TYPE OF CLAIM AMOUNT 1. Miguel Lorenzo LPD $630.00 COMMENT/WORK TO BE COMPLETED: Diary copy of rejection, from the City. Our further report will follow shortly. Very truly yours, C WARREN & COMPANY e orah Been c✓c: City of La Quinta, Attn. John Ruiz cc: CJPIA - Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400 9 Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 801 AGENDA CATEGORY: BUSINESS SESSION: COUNCIURDA MEETING DATE: June 6, 2000 CONSENT CALENDAR:. ITEM TITLE: STUDY SESSION: Acceptance of Project No. 99-07, Fiscal Year 99/00 Citywide Median Island Improvement PUBLIC HEARING: (Calle Tampico, Avenida Sinaloa and Avenue 52) Accept Project No. 99-07, Fiscal Year 1999/2000 Citywide Median Island Improvements as 100% complete; and. Authorize the City Clerk.to file a Notice of Completion with the Office of the County Recorder; and Approve a transfer of $19,129.00 of City Infrastructure Funds to this project (Account No. 401-690-609-553) from the Avenue 50 Overlay Project (Account No. 401-668- 663-000) costs savings; and Approve Contract Change Order (CCO) No. 2 in the amount of $35,060.75; and Authorize staff to release the "Irrevocable Standby Letter of Credit" provided by Mark Logan Landscape, Inc. in lieu of retention in the amount of $34,621.00, 35 days following the recording of the Notice of Completion. The following represents an accounting of the project: Description Project Budget Project Expenditures Final Project as of June 2, 2000 Commitment Professional Svs $14,800.00 $14,715.92 $14,715.92 Inspection/Testing $26,831.42 $31,547.94 $35,247.94 Construction $346,211.86 $348,988.04 $392,216.09 Contingency $39,035.39 $0.00 $0.00 City Administration $17,310.59 $16,000.00 $16,000.00 Consultant Support $0.00 $5,137.50 $5,137.50 TOTAL: $444,189.26 $416,391.40 $463,317.45 05 ; T:\PWDEPT\COUNCIL\2000\000606d.wpd Total Project Expenditures to Date: $416,389.40 Remaining Project Commitment Construction: $35,060.75 Remaining Project Commitment 1 Year Maintenance: $8,167.30 Remaining Project Commitment Construction Observation: $3,700.00 Subtotal: $463,317.45 Total Available Budget: $444,189.26 Infrastructure Funds Recommended for Transfer: $19,128.19 Residual Infrastructure Funds are available from Project 98-17, Avenue 50 Overlay Improvements. The funds requested will not result in an additional appropriation from unallocated reserves. Since this project is partially funded with RDA funding, the project was bid specifying prevailing wage rates. Therefore, there are no Charter City implications. Project No. 99-07 consists of furnishing and installing landscape lighting, hardscape materials, planting, and irrigation improvements for Calle Sinaloa medians (Avenida Bermudas to Eisenhower Drive), Avenue 52 medians (Desert Club Drive to Avenida Bermudas), and Calle Tampico medians (Washington Street to Eisenhower Drive). On July 20, 1999, the City Council approved the Fiscal Year 1999/2000 Capital Improvement Program. The adopted program includes the Calle Sinaloa, Calle Tampico, and Avenue 52 median landscaping improvement projects. On August 5, 1999, the City entered into an Agreement with David Evans & Associates (DEA) to provide plans, specifications, and engineer's estimate (PS&E) for Project No. 99-07, Citywide Median Island Landscape Improvements. The agreement included a provision for DEA to perform construction observation services as an optional task at the sole discretion of the City. On September 7, 1999, the City Council approved the plans, specifications and engineer's estimate (PS&E), and authorized staff to receive bids for Project No. 99-07, Citywide Median Island Landscape Improvements. On November 16, 1999, the City Council awarded a contract in the amount of $346,21 1.86 to Mark Logan Landscape, Inc. to construct Project No. 99-07, Citywide Median Island Landscape Improvements.05 c� 002 T:\PWDEFr\COUNCIL\2000\000606d.wpd The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff, must receive authorization from the City Council to accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion. CCO No. 2 (Attachment 1) is the final adjusting Change Order to bring the quantities to balance and compensate the contractor for actual work completed. CCO No. 2 provides an additional $7,991 .40 for additional landscape electrical components not previously accounted for within the bid; an additional $20,569.35 for quantity variations (quantity variations are the difference in final quantities less the estimated quantities); and $6,500 as early completion incentive for completing the project 13 days ahead of schedule. A final accounting of the construction contract is as follows: Original Bid $346,212.00 Change Order # 1 (Time Adjustment) $0.00 Change Order #2 (Quantity Variation, $35,060.75 TOTAL: $381,272.75 Amount Paid to Date ($338,044.70) Final Progress Payment ($35,060.75) Balance of 1 Year Maintenance $8,167.30 The alternatives available to the City Council include: 1. Accept Project No. 99-07, Fiscal Year 1999/2000 Citywide Median Island Improvement as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; approve a transfer of $19,129.00 of City Infrastructure Funds to this project (Account No. 401-690- 609-553) from the Avenue 50 Overlay Project (Account No. 401-668-663-000) costs savings; approve Contract Change Order No. 2 in the amount of $35,060.75; and authorize staff to release the "Irrevocable Standby Letter of Credit" provided by Mark Logan Landscape, Inc. in lieu of retention in the amount of $34,621.00, 35 days following the recording of the Notice of Completion; or T:\PWDEPT\COUNCIL\2000\000606d.wpd ao3 2. Do not accept Project No. 99-07, Fiscal Year 1999/2000 Citywide Median Island Improvement as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do,not approve a transfer of $19,129.00 of City Infrastructure Funds to this project (Account No. 401-690-609-553) from the Avenue 50 Overlay Project (Account No. 401- 668-663-000) costs savings; do not approve Contract Change Order No. 2 in the amount of $35,060.75; and do not authorize staff to release the "Irrevocable Standby Letter of Credit" provided by Mark Logan Landscape, Inc. in lieu of retention in the amount of $34,621.00, 35 days following the recording of the Notice of Completion; or 3. Provide staff with alternative direction. Respectfully submitted, C ris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Contract Change Order No. 2 T:\PWDEPT\COUNCIL\2000\000606d.wpd 004 s 0 V 5 OF 9w ATTACHMENT 1 Sheet 1 of 14 CONTRACT: Citywide Median Island Landscape Improvements (Calle Tampico, Calle Sinaloa and Avenue 52) PROJECT NO. 99-07 CONTRACTOR: Mark Logan Landscape, Inc. P.O. Box 1300 La Quinta, CA 92253-1300 CONTRACT CHANGE ORDER NO. 2 *********x*xxxxxxx**xxxxxxxxx*xxxxxxxxxxxxxxxxxx*xx**xxx**xx*xxxxxx**xxxx**xxx Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxx DESCRIPTION OF CHANGE: Additional work required to complete the median landscape electrical portion of the project that was not provided for in the bid items. Calle Tampico, provide and install meter pedestal/controller, wiring and trenching, $5,897.45. Calle Sinaloa, provide and install GFCI receptacles, conduits, wiring and trenching, $1,992.45. Ave 52, provide and install GFCI receptacle, $101.50. Quantity Variations are the difference in final quantities less estimated quantities. The summation of the unit prices bids multiplied by the final quantities placed has resulted in an increase or decrease in the Contract amount. A summary of the quantity variations, increases and decreased has resulted in an total increase of $20,569.35 to the Contract amount. See attached Billing Control, Project Close Out Report. Based upon the stipulated 60 consecutive day length of construction, all contract work was completed on February 29, 2000, 13 working days ahead of schedule. Therefore, in accordance with Section 1400 - General Conditions, paragraph 6.5.a "Early Completion Incentive", the Contractor is entitle to $500.00 per day for 13 working days, resulting in the award of an additional $6,500.00 to the Contract amount. No additional time was requested nor granted. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $35,060.75 ******************************************************************************************** Previous Contract Amt. Through Change Order No. -1- $346,212.00 Adjustment this Change Order: $35,060,75 Revised Contract Total: $381,272.75 By reason of this contract change order the time of completion is adjusted as follows: -0- consecutive calendar added days to the contract time. The revised contract completion date shall be: 3/19/00 *xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx*xxxxxx*xxxx 06 T:\PWDEPT\PROJECTS\99Prjcts\9907cwmedls\CCO2.wpd 0 r . Based upon the stipulated 60 consecutive day length of construction, all contract work was completed on February 29, 2000, 13 working days ahead of schedule. Therefore, in accordance with Section 1400 - General Conditions, paragraph 6.5.a "Early Completion Incentive", the Contractor is entitle to $500.00 per day for 13 working days, resulting in the award of an additional $6,500.00 to the Contract amount. No additional time was requested nor granted. Submitted By: ` " Date: !ge-lz. Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the anfo-u—nt—s-NqITTrvbewezwjtfth4wd4&s all direct and indirect overhead expenses for any delays. 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Invoices for all field office equipment. b. Actual salary for field office staff. C. Fair rental values acceptable to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment for construction equipment idled due to the delay. 6.4.3.2 Home Office Overhead - For those allowable delay periods as defined in Paragraph 1400-6.4.3, Indirect ' Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula: Contract Bid Price divided by Contract Period Days x $0.03 = Daily Home Office Overhead ($/Day) Such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to hold the City harmless for any indirect overhead claims from its subcontractors. , 6.5 LiTuidated Dama= It is agreed by the parties to the Contract that time is of the essence; and that in the case all work is not completed before or upon the expiration of the time limit set forth, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City an amount; for contracts in excess of $100,000 in value with a contract length of greater than 30 consecutive calendar days, shall be $500 per day, for contracts less than $100,000 in value with a contract length of less than 30 consecutive calendar days, shall be $300 per day, plus any amount of actual damages incurred by the City caused by the Contractor's failure to complete the work in the time agreed. It is further agreed that the City has the right to deduct from payments actual costs to the City for engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract, and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges. The expenses and damages described above will be deducted from any money due the Contractor under this Contract; the Contractor and his sureties shall be liable for any such excess cost. The Contractor shall not be deemed in breach of its Contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 3 of the Standard Specifications. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, ' freight embargoes, weather, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of the Contractor, its agents, employees, officers, subcontractors, or suppliers shall not be excusable. Excusable delays (those beyond ' Contractor's control) shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be to seek an extension of contract time. a. Early Completion Incentive ' Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in the notice to proceed. It is expressly , understood and agreed by and between the Contractor and the City the contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and nature of the work. ' The Contractor shall be entitled to incentive monetary compensation for Early Completion of the project. Determination of Early Completion shall be based upon the amount of working days the project is completed prior to the contract completion date specified in the Notice to Proceed. Completion shall be recognized as specified in these specifications under General Conditions sections 140(-9.5, 14009.6. For contracts in excess of $100,000 in value with a contract length of greater than 30 consecutive calendar days; Early Completion Incentive shall be $500 per day,-witha-maximum-notto-exceed $T0,000: -Forcontracts less than S 100,000 in valu -vith-a-Gontract — length of less than 30 consecutive calendar days; Early Completion Incentive shall be $300 per day, with a maximum not to exceed $6,000. l'l�ji r- General Conditions f , J 4 1400-16 1 �j AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel 29613, RJT PUBLIC HEARING: Homes Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29613, RJT Homes. None. None. Parcel 29613 is located within the La Quinta Fairways development at the northwest corner of Calle Tampico and Park Avenue (Attachment 1). This Final Map creates one numbered lot and one lettered lot (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. As of May 26, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 6, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 0,� T:\PWDEPT\COUNCIL\2000\000606g.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map, provide the Subdivision Improvement Agreement for execution by the City Manager, and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved, and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29613, RJT Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 29613, RJT Homes; or 3. Provide staff with alternative direction. Respectfully submitted, C ris A. Vo Public Works Director/City Engineer Approved for submission by: 12" - - Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement IN T:\PWDEPT\COUNCIL\2000\000606g.wpd RESOLUTION NO. 2000 RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29613, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Parcel 29613 is conditionally approved provided the subdivider submits all required items on or before July 6, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. 0t 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. C. Has submitted to the City security in the amounts and types required by the Subdivision Improvement Agreement. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on August 5, 1999. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 07,3 11E PARCEL MAP NO. 29613 ATTACHMENT 1 AVENUE 50 7 ------------------------- -- E-1 I , 7� A F•--i ! O I I I I W E-1 I ! ! }w PARCEL I ! ►!� MAP NO. 29613 -� a ------ ------- _—_--______� CALLE TAMPICO I w a �J I �• w ' I I I AVENUE 52 ---- O,- � — VICINITY MAP NOT TO SCALE ATTACHI RENT 2 IN THE CITY OF U IUINfh COUNTY OF RIVERSIDE. SLATE OF CALIFORNIA SHEET 1 OF 2 SHEETS PARCEL MAP NO. 29613 RECORDER'S THISSTATEMENT 20DPARO. AT BOOK , BEING A SUBDIVISION OF LOT 33 OF TRACT AS FILED IN BOOK AT PAGE AT THE REQUEST OF THE CITY CLERK OF THE CITY OF LA WINTA OR S OF R4 11, I CALIFORNIAPAGES 9 THROUGH 11, B1ClUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, IFOR N0. MDS CONSULTING MARCH, 20M GARY W. DOKICH LS.4693 FEE GARY L ORSO, COUNTY RECORDER or. DEPUTY SUBDIVISION GUARANTEE BY; FIRST AMERICAN TI7LE INSURANCE COMPANY OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED VAT" THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG CALE RONDO TO THE PUBUC. THE OWNERS OF PARCELS T AND 'A' ABUTTING THIS HIGHWAY AND DURING SUCH THE WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL ANY CHANGE OF AUGMENT OR MOTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS RIGHTS AS TO THE PART VACATED. WE HEREBY DEDICATE TO THE CITY OF LA O INTA THE EASEMENT FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES AS SHOWN HEREON. WE HEREBY RESERVE PARCEL 'A' FOR OPEN SPACE AND LANDSCAPE PURPOSES FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS SUBDIVISION. RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, BY: RJT INVESTMENTS INC., AN ARIZONA CORPORATION, AS MANAGER CHAD MEYER. PROJECT MANAGER NATIONAL RANI ONA A NAl10NAL BANKING ASSOCIATION. AS TRUSIFY UNDER THAT CERTAIN D RUST RECORDED APRI 30, 1998 LAMENT N0. 169757 OF OFFICIAL RECORD BY: SARI MURPHY, SR. VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA )S5. COUNTY OF - ON THIS- DAY OF 2000. BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED PERSONALLY KNOWN TO ME/PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOYLEO ED TO ME THAT THEY EXECUTED THE SAME IN THEN AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED TIE INSTRUMENT. WITNESS MY HAND SIGNATURE: MY PRINCIPAL PLACE OF BUSINESS NOTARY E. IN AND FOR SAID STATE IS IN COUNTY MY COMMISSION EXPIRES: STATE OF ORNIA; S.S. COUNTY OF ) ON THIS- DAY OF . 2000. BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY D PERSONALLY KNOWN TO ME/PROVED ON THE BASIS OF SATI TORY EVIDENCE, T THE PERSONS U40SE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ACK TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND Y THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE MY PRINCIPAL PLACE OF ESS NOTARY P C IN AND FOR SAKI STATE IS IN MY COMMISSION EXPIRES: SM;tlARw OMISSIONS: PURSUANF TO SEC110N 66436 OF THE SUBOIRSgN MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS NINE BED! OMITTED. THE UNTIED STATES OF AMERTG\, HOLDER OF A RIGHT OF WAY FOR WOO OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RECORDED MAY 16. 1914 N BOOK 6 PAGE 307 AND NOJEMBFR 14 1915 N BOOK 7 PACE 370 OF PATENTS, RECORDS OF RAVERSDE COUNTY, GAUFORNIi (BLANKET N NATURE) LVNOLIAK LAND COMPANY OF CAUFORIAA INC., IIULDER OF RIGHTS 70 ALL MINERALS, OIL CAS AND OTHER HMOORB011 SUBSTANCES; AND AN FASEMENF PoR ApSSS. NCRE55. EOESS, URITES, ORANAGE w&310N, COMMUNICATION AND GULF COURSE FACILITIES; PER DOCUMENT RECORDED OECEMBER 27. 19ag AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS. BRICK DESERT FAIRWAYS, HOLDER OF AN EAST ENT FLAP UTILITIES, ACCESS. DRARIAGE, SIOPR, Ill1NIENANCE, USE AND ENJOYMENT; PER DOCUMENT RECORDED OCTOBER 9, 1990 A9 IIISTRIIMW N0. 370940. AND MOOFIED BY DOCUMONIS RECORDED NOVEMBER S 1990 AS INSTRUMENT NO. 405691, MAY 15. 1991 AS INSTRUMENT MD. 162709, AND NOVEMBER 29. 1999 AS NSIRUMENT NO. 519793, ALL OF OFFICIAL RECORDS. KSL INID CORPORATION, HOLDEN OF NON-EXCLUSIVE EASEMENTS. PER DOCUMENT RECORDED DEOMBER R 1997 AS INSTRUMENT NO. 441366 OF OFFICIAL RECORDS. DESERT FAIRWAYS HOMEOWNERS ASSOCIATION. HOW OF AN EASEMENT FOR INGRESS EGRESS. AND LANDSCAPE MAINTENANCE PURPOSES. PER DOCUMENT RECORDED DECEMBER 6. IVN AS INSTRUMENT WD ON78 OF OFFICIAL RECORDS. TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE _ PAUL MCDONNELL DATE: COUNTY TAX COLLECTOR DEPUTY TAX WIND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF S HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSRIE, CALIFORNIA, CONDITIONED WON THE PAYMENT OF ALL TAXES STATE COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENT COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF TINS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE CASH TAX BOND GERALD A MALONEY PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: DEPUTY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY TIE OR UNDER MY SUPERVISION AND IS BASED WON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF RJT HOMES, LLC, AN ARIZONA UNITED LIABILITY COMPANY, ON JUNE 1, 1999. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATE: . 2000 U A'D CARY W. OOICH LS 4693 EXP. 9/30/03 u NA1 1d CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF PARCEL MAP N0. 29613 CONSISTING OF TWO (2) SHEETS THAT THE SUBDIVISION SHOW HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: . 2000 OM A. VOGT R.C.E 44250 EXP. 6/30/01 CITY ENGINEER. CITY OF LA OUINYA CITY SURVEYOR'S STATEMENT 1 HEREBY STATE THAT 1 HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO, 29613 CONSISTING OF TWO (2) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: . 2000 ERIC A NELSON P.L.S. 5563 EXP. 9/30/01 ACTING CITY SURVEYOR CITY CLERK'S STATEMENT 1, JUNE S GREEK, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA OUNTA, CALIFORNIA. HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING MEE71NG HELD ON , 2000 APPROVED THE WITHIN MAP OF PARCEL MAP NO. 29613. AND HEREBY ACCEPTS THE EASEMENT FOR INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES AND THE ABUTTERS RIGHTS OF ACCESS AS DEDICATED HEREON. DATED: DUNE S. GREEK CITY CERK AND EX-OFFICIO CLERK OF THE CITY OF LA WINTA Olt V O 7 SHEET 2 OF 2 SHEETS IN THE CRY OF LA QUINU, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 29613 BONG A SUBDIVISION OF LOT 33 OF TRACT NO. 25389-4 AS FRID IN BOOK 284, PAGES 9 THROUGH 11, INCLUSIVE OF MAPS, RECORDS OF RNERSIDE COUNTY, CALIFORNIA MDS CONSULTING MARCH, 2000 GAR! W. DOIOCH LS.4693 PARCEL 3 (. FD 2*Xf FIU9L NO TAG PARCEL MAP N3. 24337 PER Px8 160/N-IT N — , P.MB'. 160 / 4'1-42W M SIR TAMO. OVER 3/4' I.P. DK 1pNI Tc 6 COIL W O.NTWCIMN PPAIL 100/41-42 — — — - -� � IN 89'5966E 1327.541 TAVENIDA ULTIMO z I 34 I 36 i I o \ 1 I 30' FAST]IENiS Z CURVE TABLE W DELTA W106 ARC LGi TAN - Q- INDICATES A 10.a1 FORT EASEMENT FOR M �� / \ �` PUBLIC UTKM PURPOSES IN FAVOR OF Q2 05-,M' 31LV 3MW 'O B' 426/B' i I - `, / / I � 2538NRN 4, M.B. 284/9-IT. R 3 29158' 41L9 let 925' 3 1 L51'16W4' UNDO 9W3s 4852 N IN 8T5T5l, : Y VF I 2❑INDICATES A 20.00 FOO USDIENT FOR IEMERGENCY ACCESS� J I 60 p0 R �% 3 J I THE CRY OF LA DUINTA INDICATES A 1000 RIOT EASEMENT FOR PUBLIC UIIIN FAmw OF THE CITYOF LA gN4un TA PERTRACT / / I TRACT 25369-4, M.B. 284/9-11. O N AL II p I 16s•� — - ---___ /Ck: I I 3D I AVENIDA 2 1es I 40 Q SCALE V-60— — I -i — — — -N cz PARCEL 3 j I'D i 41 `r PARCEL MAP NO, 24031 04 I P.M.8, 160 / 41-42 42 c� SURVEYOR'S NOTES • — INDICATES FOUND 1' I.P. WITH PLASTIC PLUG STAMPED R.C.E. 20516, PER � \ TRACT NO. 25389-3. M.B. 276/25-29, UNLESS OTHERWISE NOTED. I d TT Ii,� ■ — INDICATES FOND 1' I.P. TAGGED LS 4693. FLUSH, SET PER TRACT NO. li3 25389-4. M.B. 284/9-11, UNLESS OTHERWISE NOTED. ` - 1• IRON PPE TAGGED AR 4693, FLUSH; FALLS LEAD TACK TAGGED EA 4693 $ \ IN CONCRETE: OR IF PARCEL CORNER FALLS ON FACE OF ORB, LEAD AND 1 +FF TACK TAGGED LS 4693 IN TOP OF ORB ON A Q25' OFFSET, 10 BE SET-y `T lT` 44 AT AL FRONT PARCEL CORNERS, EXCEPT AT B.C.'S, EC.'S, P.R.C.'S THAT I m b T s 1 ABUT A STREET WINCH ARE NOT PARCEL CORNERS MARKING SIDE L07 LINES - TO BE SET AT ALL PARCEL MAP CORNERS. UNLESS OTHERWISE NOTED.. ALL MONUMENTS SHOWN 'SET' SNALL BE SET IN ACCORDANCE WITH THE I. - `�`I 4'rJ MONUMENTATION AGREEMENT FOR THIS MAP, UNLESS OTHERWISE NOTED. ( PAWRC L 1\ C'W. ( ) — INDICATES 46 MEASURED R RECORD PER TR. 25389-4. M.B. 234/9-11, C UNLESS OTHERWISE NOTED. I ``\ 'p '� (( — INDICATES MEASURED A RECORD PER P.M. 24837, P.M.B. 160/41-42. THIS TRACT MAP CONTAINS 1 NUMBERED PARCEL AND 1 LETTERED PARCEL I \ N\ \�\ / a BT5959N I3832'> 4' / THIS PARCEL MAP CONTAINS 0.383 ACRES I 40 / BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERUNE OF CALLS RONDO I I I 31 17� /p" 4b .\•aG t/ / 40 AS SHOWN ON TRACT NO. 25389-4. FILED IN BOOK 284, AT PAGES 9 THROUGH 11 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CAUFORNIA BEING NORTH O'00'01' EAST. I I— — — — — +-� I85 II be T I a _ --L 30 ICI' I CDR\ DRIVE IT I o I I' J`` 01- �tf STREET �I6 TRACT NO, 238f1-4 - M.S. 284 / 0-11 — �_ — 1—C/L CALLE — TAMPICO F0. I' V. W/RLASIIC RUG STAMPED •OTT' DIUEIN It 32740', RUSH, PER V8 276/2Yn ADEPIED AS 1/16 COIL W CL NIUMCDOIL ■ 0 30 60 120 [so 240 • ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 29613 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 120 by and between RJT Homes, LLC, an Arizona Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map 29613 (the "Parcel Map") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. .Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: -1 A-cash-d osit-with City oraresponsible -- - - ) -cash-deposit ty-escrow _agent ot_trust company, at City s-o i T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29613.wpd Page 10f4 9 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or ncial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).j40 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will - prepare lien agreements and subordination agreements, admiroster._vatuation__of the real property and administer____ the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29613.wpd Paoli 110 pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdividers share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement; without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%a) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City .Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Priorto commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Imgrovements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent-(1-50%o) of the appraised fair -market -value of -the -real property. --Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property r ' T;\PWDEPTISTAFFIGUZMANITRACTS\AGREEMEN.TS1PM29613.wpd Page 3 of 6 Oil shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder.. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. -- - _ - T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29613.wpd Page 4 of 6 012 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which documents) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 080 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29613.wpd Pape 5 of 6 013 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 RJT Homes, LLC P.O. Box 810 La Quinta, CA 92253 (760)564-6555 By: xzaL &0 Date Title: /�iefJGr rrtiq��AG By: Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29613.wpd Page 6 of 6 014 Exhibit A SECURITY - PARCEL MAP 29613 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory' have been orwill be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Monumentation 620 0 Total: $ 620.00 08 015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of '2� Qp r ��2 �ov��► u b�< < On ,before me, D to Name and Title of Officer (e.g., "Jane 13oe, Notary Pu is") personally appeared c�j V Cr , Name(s) of Signer(s) " •gyp="'>yr�':_..�"',��„^ SRN. a l rt OVz d Corny 1 tL 9 s^�6 4 �r a ... NC;j : CJ .n y -4 C..�iii:w?S:� lCf C®'Jniy M/Com;n.E-�.-=Jun 1C 2.00? Place Notary Seal Above ❑ personally known to me roved to me on the basis of satisfactory evidence to be the personl' whose name(- is/ate subscribed to the within instrument and acknowledged to me that he/*971k<executed the same in his/be'frthe authorized capacity(iW, and that by his/W/tbeff signature(.s'jon the instrument the person(,; or the entity upon behalf of which the personK acted, executed the instrument. WITNESS m hand and official seal. (— Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ Title or Type of Document: v� d�y:��c ��y� tbVf PNLC `f Document Date: Number of Pages. Signer(s) Other Than Named Above: iACKC Capacity(ies) Signer's Name: ❑ Individual ❑ Corporate O ❑ Partner — ❑ Attorney in ❑ Trustee ❑ Guardian or K' Other: Signer Is Repre Claimed by Signer Top of thumb here fficer — Title(s): ❑ Limited ❑ General Fact Conservator senting:- 1.•� _.. _. _.. © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 080 016 TA*ht 4 4 QU&M AGENDA CATEGORY: BUSINESS SESSION: 2000 COUNCIL/RDA MEETING DATE: June 6, CONSENT CALENDAR: 5 11' ,M TITLE: Acceptance of Four (4) Grant of STUDY SESSION: Easement Deeds Conveying Right -of -Way for portions of State Highway 1 1 1, Adams Street, Dune Palms PUBLIC HEARING: Road, and Miscellaneous Onsite Streets (Unnamed) to the City of La Quinta in Conjunction with the La Quinta Corporate Center Development Accept the grants of right-of-way for, portions of State Highway 1 1 1,. Adams Street, Dune Palms Road, and miscellaneous onsite streets (unnamed). At the present time, there are no fiscal implications to the acceptance of the right-of- way since there are no street improvements in the dedicated portion to maintain. None. The applicant has requested that the City accept the dedications of right-of-way for the various streets in advance of the recordation of the final tract map(s) for the project. Subsequent to the acceptance by the City and the recordation of the Easement Deeds, the City will grant an easement to CalTrans for the portion(s) along State Highway 1 1 1 . However, the dedication to CalTrans is not required until the commencement of street improvements. Included as Attachment 1 are four grant easement deeds executed and notarized by the owners to dedicate portions of State Highway 1 1 1, Adams Street, Dune Palms Road, and onsite streets (unnamed) as public streets. By accepting the right-of-way, the City will ensure consistent maintenance and vehicle law enforcement within the development. 0�0 T:\PWDEPT\COUNCIL\2000\000606c.wpd The alternatives available to the City Council include: 1. Accept the grants of right-of-way for portions of State Highway 1 1 1, Adams Street, Dune Palms Road, and miscellaneous onsite streets (unnamed); or 2. Do not accept the grants of right-of-way for portions of State Highway 1 1 1, Adams Street, Dune Palms Road, and miscellaneous onsite streets (unnamed); 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. Grant of Easement Deeds T:\PWDEPT\COUNCIL\2000\000606c.wpd 002 ATTACHMENT 1 NO RECORDING FEE REQUIRED FOR GOV'T. CODE, SECTION 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Post Office Box 1504 La Qunta, CA 92253 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledge, THE GRANTOR, 111 VENTURE, LLC, a California Limited Liability Corporation hereby grants to CITY OF LA QUINTA, a California municipal corporation, hereinafter referred to as GRANTEE, a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described as follows: (See Exhibit "A" and `B" Attached Hereto) Executed this llth day of May, 2000, at Orange , California 111 VENTURE, LLC A California Limited Liability Corporation m - — -'J'A6� STATE OF CALIFORNIA ) COUNTY OF Orange ) S.S. On 5/11/00 before me, Mildred N. Cork , (here insert name and title of the officer), personally appeared Raymond T. Troll , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and office seal. tj ANLDRED N. COW C4nvn M01?A7= omw CW* 4PMVComm.0*wjan1.Z04 o 94 004 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 1 A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT B OF LOT LINE ADJUSTMENT NO. 96-230, RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 89043'24" EAST, A DISTANCE OF 625.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 632.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 212.07 FEET THROUGH A CENTRAL ANGLE OF 19013'32" TO A POINT WHERE A TANGENT LINE BEARS SOUTH 71°03'04" EAST; THENCE SOUTH 71003'04" EAST ALONG SAID TANGENT LINE, A DISTANCE OF 107.55 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 00013'25" EAST ALONG SAID EAST LINE, A DISTANCE OF 67.76 FEET; THENCE NORTH 71003'04" WEST, A DISTANCE OF 129.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 568.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 190.59 FEET THROUGH A CENTRAL ANGLE OF 19013'32" TO A POINT WHERE A TANGENT LINE BEARS SOUTH 89043'24" WEST; THENCE SOUTH 89043'24" WEST ALONG SAID TANGENT LINE, A DISTANCE OF 34.96 FEET; THENCE SOUTH 44043'24" WEST, A DISTANCE OF 18.38 FEET; THENCE SOUTH 00016'36" EAST, A DISTANCE OF 51.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 26.12 FEET THROUGH A CENTRAL ANGLE OF 14057'57" TO A POINT WHERE A TANGENT LINE BEARS SOUTH 15°14'32" EAST; THENCE SOUTH 15014'32" EAST ALONG SAID TANGENT LINE, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 183.20 FEET THROUGH A CENTRAL ANGLE OF 209055'53" TO A POINT WHERE A TANGENT LINE BEARS NORTH 14041'21" EAST; THENCE NORTH 14041'21" EAST ALONG SAID TANGENT LINE, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING RADIUS OF 100.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 26.12 FEET THROUGH A CENTRAL ANGLE OF 14057'57" TO A POINT WHERE A TANGENT LINE BEARS NORTH 00016'36" WEST; THENCE NORTH 00016'36" WEST ALONG SAID TANGENT LINE, A DISTANCE OF 51.90 FEET; THENCE NORTH 45016'36" WEST, A DISTANCE OF 18.38 FEET; THENCE SOUTH 89043'24" WEST, A DISTANCE OF 500.81 FEET TO THE EAST LINE OF LOT B OF LOT LINE ADJUSTMENT NO.96-230; 09 0:\CFP2000\40571\SURVEY\ROW\EXHIBIT A-HORN.doc Page 1 of 4 005 THENCE NORTH 00004'58" EAST ALONG SAID EAST LINE, A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.74 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the direct supervision of: (i' ONo. 6697 Exp. 06/30/00 Exp.: 06/30/00 OJ`z 0:\CFP2000\40571\SURVEY\R0IMEXHIBITA-HORN.doc Page 2 of4 006 VOc V EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 2 A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUfNTA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT B OF LOT LINE ADJUSTMENT NO. 96-230, RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 89043'24" EAST, A DISTANCE OF 625.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 632.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 164.69 FEET THROUGH A CENTRAL ANGLE OF 14055'49" TO A POINT WHERE A RADIAL LINE BEARS SOUTH 14039' 13" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE ARC OF A CURVE BEING CONCAVE NORTHERLY HAVING A RADIUS OF 110.00 FEET, A DISTANCE OF 41.64 FEET THROUGH A CENTRAL ANGLE OF 21-41'28" TO A POINT WHERE A TANGENT LINE BEARS NORTH 82057'45" EAST; THENCE NORTH 82057'45" EAST ALONG SAID TANGENT LINE, A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 84.49 FEET THROUGH A CENTRAL ANGLE OF 96048'50" TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 29, TO A POINT WHERE A TANGENT LINE BEARS SOUTH 00°13'25" EAST; THENCE SOUTH 00013'25" EAST ALONG SAID TANGENT LINE, A DISTANCE OF 2.56 FEET; THENCE NORTH 71003'04" WEST A DISTANCE OF 107.55 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE SOUTHERLY HAVING A RADIUS OF 632.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.38 FEET THROUGH A CENTRAL ANGLE OF 04017'43" TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.07 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the direct supervision of: 2"0 2oD Dean J. Palumbo PLS 6697 Exp.: 06/30/00 0:\CFP2000\40571\SURVEY\ROW\EXHIBITA-HORN.doc Page 3 of 4 007 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 3 A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHERLY LINE OF STATE HIGHWAY 111 (55 FOOT HALF WIDTH); THENCE NORTH 82017'08" WEST ALONG SAID NORTH LINE, A DISTANCE OF 804.24 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY HAVING A RADIUS OF 2445.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 145.09 FEET THROUGH A CENTRAL ANGLE OF 03024'00" TO THE EAST LINE OF LOT B OF LOT LINE ADJUSTMENT NO. 96-230 RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, A RADIAL LINE TO SAID POINT BEARS NORTH 11°06'52" EAST; THENCE NORTH 00004'58" EAST ALONG THE EAST LINE OF SAID LOT B, A DISTANCE OF 15.28 FEET TO A POINT ON A CURVE BEING 15 FEET NORTHERLY OF AND PARALLEL WITH THE CURVED NORTH LINE OF STATE HIGHWAY 111, SAID CURVE BEING CONCAVE NORTHERLY HAVING A RADIUS OF 2,430.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 1191'01" EAST; THENCE EASTERLY ALONG THE ARC OF SAID PARALLEL CURVE, A DISTANCE OF 147.13 FEET THROUGH A CENTRAL ANGLE OF 03028'09" TO A POINT WHERE A TANGENT LINE BEARS SOUTH 82017'08" EAST; THENCE SOUTH 82017'08" EAST ALONG SAID TANGENT LINE A DISTANCE OF 802.18 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, SAID TANGENT LINE BEING 15 FEET NORTHERLY OF AND PARALLEL WITH THE NORTH LINE OF STATE HIGHWAY 111; THENCE SOUTH 00013'25" EAST ALONG SAID EAST LINE, A DISTANCE OF 15.15 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.33 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the direct supervision of � LAND SL, No. 6697 Exp, 06/30/00 Dean J. Palumbo PLS 6697 sTq Exp.: 06/30/00 TF OF CM- 09 0:\CFP2000\40571\SURVEY\ROW\EXHIBITA-HORN.doc Page 4 of 4 008 C2 L12 C3;� �C>>>• ..., PARCEL 2 0.07 AC L13 PARCEL 2 DETAIL POINT OF BEGINNING, f5� PARCEL 1&2 LAJ Ljj N N Q Q w to 0 IT aB" 4ft h 7zlYq AS p ��CY VN f 1 ORM C�HNE( 4S , RECORD C*A(Q � N IV71- 4r1v �NSr d 7/s/s� PARCEL 2 - 9�608 (SEE DETAIL HERE( n 'a ee PARCEL 1 TPOB N M N89'43'24 E 625.36' PARCEL 2 /+ J IO N Pn 1589'43'24 W LINE DATA NO. BEARING L1 N00'04'58'E L2 S71'03'04'E L3 S00' 137T E 96�OI9619� L4 N71'03'04W L5 S89'43'24'W w w L6 S4443'24"W \� L7 S00'16'36-E CD L8 S15'14'32"E z z L9 N1441'21'E L10 N00'16'36'W L11 N4616'36'W L12 N8757'45'E L13 N00'13'25W 01 / N0904'58' E �15.28' o W ;n of SCALE f =200' 2 - C4 500.81' L1 ^ L7 Z4 U U DISTANCE L9 L8 64.00' 107 55' C6 67.76' CURVE TABLE 129.80' NO. RADIUS DELTA ARC TAN 34.96' Cl 632.00' 19'13'3T 212.07' 107.04' 18.38' C2 110.00' 21'41'28' 41.64' 21.07' 51.90' C3 50.00' 9648'50' 84.49' 56.33' 50.00' C4 568.00' 19' 13'32' 190.59' 96.20' 50.00' C5 100.00' 14'57'57' 26.12' 13.13' a$ 51.90' C6 50.00' 2OT55'53' 183.20' 187.05' cli 18.38' C7 100.00' 14'57'57' 26.12' 13.13' 00 50'00, C8 2430.00' 03'28'09' 147.13' 73.59' 2.56' C9 2445.00 0324'OT 145.09' 72.57' C10 632.00 1455'49' 164.69' 82.81' C11 632.00 0417'45* 47.38' 23.70' PARCEL 3 OF THE EAST LINE 0.33 AC WEST 1/2 OF THE NW 1/4 SEC 29 SSr1T08'E 802.18' N8r 1 T08'W 804.24' 40 STATE HIGHWAY 111 POINT OF - BEGINNING PARCEL 3 z di 0 100 200 400 600 RIGHT-OF-WAY DEDICATION PREPARED UNDER THE SUPERVISION OF- LAND SG� C. The Keith Companieslmmc No. 6697 DEAN J. PALUMBOq 41-M ebarM* & b 101, Palm Dnat CA 92211 (M) 346-98" LS 6697 EXP. 6-30-00 � OF CA%-\E� NO RECORDING FEE REQUIRED FOR GOV'T. CODE, SECTION 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta Post Office Box 1504 La Qunta, CA 92253 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledge, THE GRANTOR, BAYSHORE OIL COMPANY, INC., hereby grants to CITY OF LA QUINTA, a California municipal corporation, hereinafter referred to as GRANTEE, a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described as follows: (See Exhibit "A" and "B" Attached Hereto) Executed this 1/ day of May, 2000, at i,�'` _, (17-efCalifornia BAYSHORE OIL COMPANY, INC., A California Corporation By: STATE OF CALIFORNIA ) COUNTY OF ) S.S. On Do before me, if t4-&�L� L IQ— -CA-P N£1 RxA Ll �. (here insert name and tit e of the officer), personally appeared Cc� �� tf—� �c �✓ �y1—t� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person s. rwhose name( are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i<,, and that by hisfer eir signatures 'on the instrument the person or the entity upon behalf of which the person�.4 acted, executed the instrument. WITNESS my hand and office seal. Signature A4-4-� A/I ARLENE R. SARNE Commission # 1158 762 Z Notary Public - California Los Angeles County My Comm. ExpCes Nov 11, 2001 G10 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 1 LYING WITHIN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, A PORTION OF LOT `B" OF LOT LINE ADJUSTMENT NO. 96-230, RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT B, SAID POINT BEING ON THE EAST LINE OF ADAMS STREET (30-FOOT HALF WIDTH); THENCE NORTH 89043'24" EAST ALONG THE NORTH LINE OF LOT B, A DISTANCE OF 361.10 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE SOUTH 00004'58" WEST ALONG THE EAST LINE OF LOT B, A DISTANCE OF 64.00 FEET TO A POINT OF INTERSECTION WITH A LINE BEING PARALLEL WITH AND 64.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID LOT B; THENCE SOUTH 89043'24" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 311.70 FEET; THENCE SOUTH 44043'24" WEST, A DISTANCE OF 49.50 FEET TO A LINE BEING PARALLEL WITH AND 44.00 FEET EAST OF THE CENTERLINE OF ADAMS STREET; THENCE SOUTH 00016'36" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 597.14 FEET; THENCE SOUTH 35033'47" EAST, A DISTANCE OF 57.14 FEET TO THE BEGINNING OF A NON - TANGENT CURVE BEING PARALLEL WITH AND 70.00 FEET NORTHEASTERLY OF THE CENTERLINE OF STATE HIGHWAY 111, A RADIAL LINE TO SAID POINT BEARS NORTH 18°44' 16" EAST, SAID PARALLEL CURVE BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2,430.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 49.90 FEET THROUGH A CENTRAL ANGLE OF 01010'36" TO THE WEST LINE OF LOT B AND THE EAST LINE OF ADAMS STREET,(30 FOOT HALF WIDTH), A RADIAL LINE TO SAID POINT BEARS NORTH 19054'52" EAST; THENCE NORTH 00016'36" WEST ALONG THE WEST LINE OF SAID LOT B, A DISTANCE OF 726.04 FEET TO THE POINT OF BEGINNING. THE ABOVE -DESCRIBED PARCEL CONTAINS 0.77 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Pre"directn of: �S�-�PNo. sss7De O � 06/30/00 i PLS 6697 Exp.: 06/30/00 9� OF CAS �F 0,90 0:\CFP2000\40571\SURVEY\ROW\EXHIBIT A -LOT B LLA96-230.doc O i l EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 2 LYING WITHIN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, A PORTION OF LOT "B" OF LOT LINE ADJUSTMENT NO. 96-230, RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT `B", SAID POINT BEING ON THE EAST LINE OF ADAMS STREET (30 FOOT HALF WIDTH); THENCE NORTH 89043'24" EAST ALONG THE NORTH LINE OF SAID LOT `B", A DISTANCE OF 361.10 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00004'58" WEST ALONG THE EAST LINE OF SAID LOT "B", A DISTANCE OF 842.23 FEET TO THE CURVED NORTHERLY LINE OF STATE HIGHWAY 111 (55 FOOT HALF WIDTH) AND THE TRUE POINT OF BEGINNING, SAID CURVE BEING CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2,445.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 11006'52" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 370.01 FEET THROUGH A CENTRAL ANGLE OF 08040' 15" TO THE INTERSECTION WITH THE EASTERLY LINE OF ADAMS STREET, A RADIAL LINE TO SAID POINT BEARS NORTH 19047'07" EAST; THENCE NORTH 00016'36" WEST ALONG SAID EAST LINE A DISTANCE OF 15.98 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF A CURVE BEING PARALLEL WITH AND 15.00 NORTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CURVED NORTHERLY LINE OF STATE HIGHWAY 111, SAID CURVE BEING CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2,430.00 FEET, A RADIAL LINE TO SAID INTERSECTION BEARS NORTH 19054'52" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 370.29 FEET THROUGH A CENTRAL ANGLE OF 08043'51" TO THE EAST LINE OF LOT "B" OF SAID LOT LINE ADJUSTMENT NO.96-230, A RADIAL LINE TO SAID POINT BEARS NORTH 11011'01" EAST; THENCE SOUTH 00004'58" WEST ALONG SAID EAST LINE A DISTANCE OF 15.28 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE -DESCRIBED PARCEL CONTAINS 0.13 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepare under the direct supervision of: 04: r • 26, Zao De . Palumbo PLS 6697 Exp.: 06/30/00 No. 6697 EV. 06/30/00 0:\CFP2000\40571\SURVEY\ROW\EXHIBIT A-NEW2 LLA96-230.doc 012 3►4 Ilu LINE DATA SOwH/q NO. BEARING DISTANCE ,q D4%D � 0 OEM 9*1 L1 S00'04'S8'W 64.00' P /iyS70� VIVQ Q L2 S4443'24'W 49.50' Vp� 6,ti 6 57, 4 ?/6�61 L3 S3533'47'E 57.14' 9 0 g� L4 N00'16'36'W 15.98' CURVE DATA NO. DELTA RADIUS LENGTH TANGENT Cl 01'10'36"W 2430.00' 49.90' 24.95' PUBLIC R.O.W. INSTR. No RECORDED_ — POINT OF — BEGINNING PARCEL 1 & H I N o o N \ \ \ W 1 LLJ 1 ^ \ N g DETAIL N a R. ?4 D.00,4L 537 \ R ? 0?9'� 44S p0 \ \ p� 'S�OO� z I PARCEL 2 / 30' N. A Z. SrA 361.10' j N89'43'24 E \Nfl)I S1,W PARCEL 1 0.77 AC a '!o �0� 6�� 96� �� 9 Of N N 00 W 5�. 4 o o o $ z z z '4 PARCEL 2 0.13 AC _ Ra?43 0. S00'D4'5TW y/G, UB'gp.15; u.0>> ... 15.28' Nwq Y 1 � 0 1 SCALE 1" =200' i� W TRUE POINT OF BEGINNING PARCEL 2 _o 0 100 200 400 600 i RIGHT-OF-WAY DEDICATION PREPARED UNDER THE SUPERVISION OF- LAND SUS C. The Keith Companies a� 1mcc No.6697 DEAN J. PALUMBO 41-M Boor l A. suit. 101, Palm{ Dowt. CA 92211 (M) 3"'W LS 6697 EXP. 6-30-00 OF \F NO RECORDING FEE REQUIRED FOR GOV'T. CODE, SECTION 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta Post Office Box 1504 La Qunta, CA 92253 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledge, THE GRANTOR, DEL MONTE PROPERTIES, a co -partnership, RAYMOND THOMAS TROLL, Trustee of the Joann Troll Testamentary Trust, RAYMOND J. TROLL, Trustee of the Raymond Troll Trust, established September 16, 1994 hereby grants to CITY OF LA QUINTA, a California municipal corporation, hereinafter referred to as GRANTEE, a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described as follows: (See Exhibit "A" and `B" Attached Hereto) Executed this day of May, 2000, at DEL MONTE PROPERTIES, A co -partnership, RAYMOND T. TROLL TRUSTEE THE RAYMOND TROLL TRUST ESTABLIS ED SEPTEMBER 16,1994 By: 7ja- Raythony.Troll STATE OF CALIFORNIA ) COUNTY OF Orange ) S.S. California THE JOANN TROLL TESTAMENTARY TRUST By: On 5/11/00 before me, Mildred N. Cork , (here insert name and title of the officer), personally appeared Raymond T.' Troll , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and office seal. Signature • AAtIDR®K CORK 1A!MConvnhdW N 1247393 Notary Kaft - ccn nft Orange County " M,, coma,. .lan �. Zooa 014 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 1 IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 00010' 14" EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1799.26 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL RECORDED ON JUNE 8, 1960 AS INSTRUMENT NO. 50768, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 71020'47" WEST ALONG SOUTHERLY LINE A DISTANCE OF 31.70 FEET TO THE WESTERLY LINE OF DUNE PALMS ROAD (30 FOOT HALF WIDTH) AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 00010' 14" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 760.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 23.24 FEET THROUGH A CENTRAL ANGLE OF 44022'52" TO A NONTANGENT LINE BEING PARALLEL WITH AND 70.00 FEET NORTHERLY OF THE CENTERLINE OF STATE HIGHWAY 111, TO A POINT WHERE A RADIAL LINE BEARS NORTH 45047'22" WEST; THENCE SOUTH 89058'22" WEST ALONG SAID LINE A DISTANCE OF 56.44 FEET; THENCE NORTH 44054'04" EAST A DISTANCE OF 49.44 FEET TO A LINE BEING PARALLEL WITH AND 60.00 FEET WESTERLY OF THE CENTERLINE OF DUNE PALMS ROAD; THENCE NORTH 00010' 14" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 88.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 216.19 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.94 FEET THROUGH A CENTRAL ANGLE OF 12042'20" TO A THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 192.19 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 77027'54" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.62 FEET THROUGH A CENTRAL ANGLE OF 12042'20" TO A POINT WHERE A TANGENT LINE BEARS NORTH 00010'55" WEST; THENCE NORTH 00010' 55" WEST ALONG SAID TANGENT LINE, A DISTANCE OF 9.79 FEET; THENCE NORTH 00052' 13" EAST, A DISTANCE OF 273.10 FEET; THENCE NORTH 44033'01" WEST A DISTANCE OF 49.13 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 532.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 01 °54' 52" EAST; 100 O:\CFP2000h40571%SURVEY%ROVNEXHIBIT A- TROLL PAR 2.doc Page 1 of 6 015 15 THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 158.17 FEET THROUGH A CENTRAL ANGLE OF 17°02'04"; THENCE NORTH 71003'04" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 453.66 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29 DISTANT SOUTHERLY ALONG SAID WEST LINE FROM THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL 288.54 FEET; THENCE NORTH 00011'34" WEST ALONG SAID WEST LINE A DISTANCE OF 67.75 FEET; THENCE SOUTH 71003'04" EAST A DISTANCE OF 475.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 468.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 137.22 FEET THROUGH A CENTRAL ANGLE OF 16047'56" TO A POINT WHERE A RADIAL LINE BEARS NORTH 01054'52" EAST; THENCE NORTH 44055'06" EAST A DISTANCE OF 49.42 FEET TO A LINE BEING PARALLEL WITH AND 44.00 FEET WESTERLY OF THE CENTERLINE OF DUNE PALMS ROAD; THENCE NORTH 00010' 14" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 156.17 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL; THENCE SOUTH 71020'47" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 14.79 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.34 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the direct supervision of: PLS 6697 ,++ Exp.: 06/30/00 11 No. 6697 Exp. 06/30/00 0 1UA 0:\CFP2000\40571\SURVEMO\MEXHIBIT A -TROLL PAR 2.doc Page 2 of 6 016 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 2 IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29 AND THE CURVED NORTH LINE OF STATE HIGHWAY 111 (55 FOOT HALF WIDTH), SAID CURVE BEING CONCAVE NORTHERLY HAVING A RADIUS OF 4227.11, A RADIAL LINE TO SAID POINT BEARS NORTH 05033'49" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVED NORTH LINE A DISTANCE OF 47.58 FEET THROUGH A CENTRAL ANGLE OF 00038'42" TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4948.85 FEET, A RADIAL LINE TO THE END OF THE END OF THE LAST DESCRIBED CURVE BEARS NORTH 04009' 17" EAST AND A RADIAL LINE TO THE BEGINNING OF THE NONTANGENT CURVE BEARS NORTH 05000'44" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 85.49 FEET THROUGH A CENTRAL ANGLE OF 00059'23" TO THE WESTERLY LINE OF THAT CERTAIN PARCEL DEDICATED TO THE CITY OF LA QUINTA AS PUBLIC RIGHT OF WAY RECORDED ON JANUARY 13, 1997 AS INSTRUMENT NO. 10633, OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 03°09'54" EAST; THENCE NORTH 00010' 14" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 13.76 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4930.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 04002'49" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 133.18 FEET THROUGH A CENTRAL ANGLE OF 01032'52" TO THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29, A RADIAL LINE TO SAID POINT BEARS NORTH 05034'52" EAST; THENCE SOUTH 00011'34" EAST ALONG SAID WEST LINE A DISTANCE OF 15.08 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.05 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared er the direct supervision of: LAND S Q� A4, � Dean . Palumbo o No. 6697 PLS 6697 Exp.:06/30/00 Exp.06/30/00 5 (fir V O:%CFP2000%40571%SURVEY\ROW%EXHIBITA-TROLL PAR2.doc Page 3of6 017 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 3 IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 00010' 14" EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1799.26 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL RECORDED ON JUNE 8, 1960 AS INSTRUMENT NO. 50768, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 71020'47" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 700.52 FEET TO THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 00011'34" EAST ALONG SAID WEST LINE A DISTANCE OF 288.54 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE SOUTH 00011'34" EAST A DISTANCE OF 2.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 83.60 FEET THROUGH A CENTRAL ANGLE OF 95047'50"; THENCE NORTH 84000'37" EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS 110.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.93 FEET THROUGH A CENTRAL ANGLE OF 24057'49" TO A POINT OF CUSP WITH A TANGENT LINE THAT BEARS NORTH 71°03'04" WEST; THENCE NORTH 71003'04" WEST ALONG SAID TANGENT LINE A DISTANCE OF 160.92 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.07 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared der the direct supervision of: \G��PN pglGL o No. 6697 De . Palumbo PLS 6697 D9. 06/30/00 0 ^ Exp.: 06/30/00 q� OF CA��F 0:1CFP2000k10571%SURVEY%ROWIEXHIBIT A - TROLL PAR 2.doc Page 4 of 6 018 EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL 4 IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO BASE AND MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 00010' 14" EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 A DISTANCE OF 1799.26 FEET TO THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL RECORDED ON JUNE 8, 1960 AS INSTRUMENT NO. 50768, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 71020'47" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 31.70 FEET TO THE WESTERLY LINE OF DUNE PALMS ROAD (30 FOOT HALF WIDTH); THENCE SOUTH 00010' 14" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 760.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 23.24 FEET THROUGH A CENTRAL ANGLE OF 44022'52", TO A POINT WHERE A RADIAL LINE BEARS NORTH 45047'22" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE IN A SOUTHWESTERLY AND WESTERLY DIRECTION A DISTANCE OF 23.96 FEET, THROUGH A CENTRAL ANGLE OF 45045'54", THENCE SOUTH 89058'32" WEST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 194.61 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4948.85 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 00001'49" WEST THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 75.32 FEET THROUGH A CENTRAL ANGLE OF 00052' 19" TO THE EASTERLY LINE OF THAT CERTAIN PARCEL DEDICATED TO THE CITY OF LA QUINTA AS PUBLIC RIGHT OF WAY RECORDED ON JANUARY 13, 1997 AS INSTRUMENT NO. 10633, OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 00050'51" EAST; THENCE NORTH 00010' 14" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 10.74 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 4930.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 01°42'20" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 149.10 FEET THROUGH A CENTRAL ANGLE OF 01°43'58"; 107 0:%CFP2000I40571%SURVEYUROMEXHIBIT A - TROLL PAR 2.doc Page 5 of 6 019 THENCE NORTH 89058'22" EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 142.37 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.06 ACRES, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared)diider a direct supervision of: i 5 Deanl. Palumbo PLS 6697 Exp.: 06/30/00 /26,4,040 No. 6697 IT> Up. 06/30/00 108 0:%CFP2000%405711SURVEYIROMEXHIBIT A - TROLL PAR 2.dm Page 6 of 6 020 off "$" SCALE 1"=200' TRUE POINT 0E-- 16 BEGINNING PARCEL 3 0 100 200 400 600 411 - .. N 1/4 COR SSEC 29, . ... T5S, R7E, SR L10 C6 lftN4 PfRV�F C.vN,D PARCEL 3 "� � ,?e oot 'q 0.07 AC N�12o ass 0, ✓UNF 8 Sr0% 3 .4rWI R. ' 1g60. w PARCEL 3 DETAIL 603• 'ems? •o rn .41 317 LINE TABLE i440 NO. BEARING DISTANCE PARCEL 1 v L1 NW11'34"W 67.75' L1 N�143, _ IN I 30' L2 N44 55'O6" E 49.42' , 04 W 4� .34 AC P 144' L3 N00'10'14"W 156.17' _ S49' �" I L4 N71'20 4TW 14.79 W W Cj L10 6'W 4S3 61 `� z l L5 N8T58'3YE 194.61' Cl l6 N00'10'14"W 10.74' it 19 L7 N8758'2YE 142.37' PARCEL 3 ao L8 N4454'04"E 49.44' C4 (SEE DETAIL HEREON) C5 L9 N44 33'01"W 49.13'•,r•( l9 N L10 N84'00'37'E 50.00, w W o, "' w $ � L11 N71'03'04'W 160.92' s "' c � I Q L12 NOO'11'34"W 15.08, o °8 :;f- I " CL L13 NOO'10'14 W 13.76' °7 wJ N W L14 NOO'10'14"W 88.06' W gl g L15 N00'10'55"W 9.79' p L16 N00'11'34"W 2.54' + u- L17 N89'58'22" E 56.44' C CURVE TABLE NO. RADIUS DELTA ARC TAN I3 �a N77'2 4"W R c Cl 468.00' 16'47'56" 137.22' 69.10' N I a N C2 30.00' 44 22'5Y 23.24' 12.24' c I c I J �' C3 4948.85' 00'52'19" 75.32' 37.66' =j PARCEL 2 PARCEL 4 C4 4930.00' 01*43'51r 149.10' 74.56' / 0.05 AC 0.06 AC Ln 30 C5 532.00' 1 T02'04' 158.17' 79.67' C8 C6 110.00' 24'57'49' 47.93' 24.35' N L12 C9 C10 CfIY'll OF LO C4 L7 C7 50.00' 9547'5(' 83.60' 55.33' p C Y OF L 3 C8 4930.00' 01'32'5t 133.18' 66.59' STATE C3 I HIGHWAY ^ 11�1 C9 4227.11' 00'38'42" 47.58' 23.79' w C4 -c i V CD C10 4948.85' 00'59'23" 85.49' 42.75' �� Zvi 0) - I W I 31 C 11 192.19' 1742'20" 42.62' 21.40' z c, I.I a. p�► l "� - C12 216.19' 1742'20' 47.94' 24.07' ci a. w I w "' I 5 I o C13 30.00' 4545'54" 23.96' 12.66' zI� RIGHT-OF-WAY DEDICATION PREPARED UNDER THE SUPERVISION OF:LAND SQL The Keith Companies 11mcc No. 6697 baoo-• 'Lee", � G E* 05/ 0/00 DEAN J. PALUMBO DATE' �P 41- s a°°'d"�+k su e. 1'01, pubs D.rrt GI 92211 (760) 546-9344 LS 6697 EXP. 6-30-00 "��' °F NO RECORDING FEE REQUIRED PER GOV'T. CODE, SECTION 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ' City of La Quinta Post Office Box 1504 La Quinta, CA 92253 GRANT OF EASEMENT FOP. VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledge, THE GRANTOR, SECURED STORAGE, L.P., a California limited partnership, hereby grants to CITY OF LA QUINTA, a California municipal corporation, hereinafter after referred to as GRANTEE, a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described in Exhibit "A" and "B:", attached hereto and made a part hereof. Executed this �5 day of a `ary,100, at S-iTa mr) , California. La Quinta-SPC, LLC, a Delaware limited liability company By: Storage Partners of California 1, LLC, a Maryland limited liability company, its Managing Member By: Secured Storage 1, LLC, a Delaware limited liability company, its ging Member By G� rCJ,.✓' Its STATE OF CALIFORNIA } COUNTY OF } S.S. On J-6 F-fkrk6iM__before me, name and title of the officer), personally appeared IU (here insert onally kn to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the wnt and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal *.My TACEY L. MONTGOMERY ' NComm. #1142784 0 `cNotary Pubiic - Cafiforn N oSan Joaquin County Comm. Up. June 20, 2001 Signatur �' ��► 1 li DOCUMENT PROVIDED BY STEWART TITLE OF CALIFORNIA, INC. EXHIBIT "A" RIGHT OF WAY DEDICATION IN THE CITY OF LA QUINTA, STATE OF CALIFORNIA, A PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 96-230, RECORDED DECEMBER 20, 1996 AS INSTRUMENT NO. 479502, OFFICIAL RECORDS OF RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL A, SAID POINT BEING ON THE EAST LINE OF ADAMS STREET (44-FOOT HALF WIDTH); THENCE NORTH 00016'36" WEST ALONG SAID EAST LINE, A DISTANCE OF 23.01 FEET; THENCE SOUTH 45005'43" EAST, A DISTANCE OF 32.44 FEET TO THE LINE COMMON TO PARCELS A AND B OF SAID LOT LINE ADJUSTMENT NO.96-230; THENCE SOUTH 89043'24" WEST ALONG SAID COMMON LINE, A DISTANCE OF 22.86 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 263 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared under the direct supervision of. No. 6697 Exp. 06/30/00 Dean J. Palumbo PLS 6697 OF CAS\F Exp. 06/30/00 11 0:\CFP2000\40571\SURVEY\ROW\EXHIBIT A - Self Storage Cutoff.doc n n JI.J � � r REM w w Q no PARCEL 'A' LOT LINE ADJUSTMENT No. 96- 230 INST. No. 479502 RECORDED 12/20/96 s \SF F------------------------- 263 ' S89-43'24°' W 22.86' PARCEL 'B' PONT OF LOT LINE ADJUSTMENT BEGINNING No. 96-230 INST. No. 479502 RECORDED 12/20/96 � scams 1•=20' 66?!!66-m� 009 o 10 zo ao so RIGHT OF WAY DEDICATION PREPARED UNDER THE SUPERVISION OF: The Keith Companies lmrKc 41-M Boordwdk. Sub 101, Aft Dest G 92211 (700) M-9W LLEUp.06/30/00 Z2 DE JPALUM80 DATE: LS 6687 EXP. 6-30-00 OF n :\CFP2000\40571\SURVEY\ROW\LLA99IO.dwg Tue Feb 22 15:34:33 2000 Mike Spurkosky 0 2 4 Tit(t 4 4 a" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: T ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-2, Rielly PUBLIC HEARING: Homes • ell i1 0•_ •0 Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-2, Rielly Homes. None. None. tell];01 i 1 R • Tract 28838-2 is located east of Madison Avenue, south of Airport Boulevard, and west of Monroe Street (Attachment 1) and consists of 42 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of May 26, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (July 6, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. lY T:\PWDEPT\COUNCIL\2000\000606f.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-2, Rielly Homes; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28838-2, Rielly Homes; or 2. 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. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 114 002 T:\PWDEPT\COUNCIL\2000\000606f.wpd RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 28838-2, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 28838-2 is conditionally approved provided the subdivider submits all required items on or before July 6, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map unt,i the subdivider has completed the following requirements to the City Engineer's satisfaction. 003 A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 6, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on- this 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney 1.1c 004 TRACT NO. 28838-2 ATTACHMENT F.. w W AIRPORT BOULEVARD vE", w 0 x z 0 TRACT NO. 28838-2 LLUZ 0 v� Q AVENUE 58 1 wrrwr%1 uArur n P% 1 1 A60I'1MCItl I L Egg F'e b I� o<� a S4�jjp"� is -,gag V1 Y 2 �Uti Of �<CZ m F ZwN Z_ § ar > F li, 1' am 8`<i0 i 4u m a B F o � I� y�B U6� m rps a2 g 'gis o€ ao�a UN <Z €< w Fri N w< Rk Re ow C\2 a1 oa GIs` MM > Lj IgV CQ N A. a € pg � O % , VIM uVI of N <Si J N <.'�.. F , cc Is m a yN 0��1 ��j�iW o zu <� a mF�g� ` C d ai �Mia��% o O Cm- Na gin =WjQ gwfi =spa h-0 9 AR 9 9 s �-P ``��:�s `s�q Ewe 50 01140. 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FJ7%2Z 'ON 1OV?jl V 10-1 O i l IN THE CITY OF LA QUINTA, COUNTY OF RKP-ME, STATE OF CAUFORNIA SHEEP 6 OF 6 SHEETS TRACT NO. 28838-2 _ ____8€IHG A StiBDMS10N 8F L0TS--40 3Y-P0RTI0NS-OF LOTS 21 23, 24, 27; 28:-43 -8-AND--C-OF-TRACT-NO,-21643 AS -. FILED IN BOOK 203. PAGES 37 THROUGH 50, INCLUSNE OF MAPS; OFFICIAL RECORDS OF RNERSIDE COUNTY, CAUFORNIA. MDS CONSULTING JANuw 1999 GARY W. OOKICH LS.4693 I PARCEL NO. 3 PARCEL MAP NO. 8036 — P.US. 33153 — — — — — — — — — — — — — — — — — — — — — — — — — — — 11, AIRPORT BOULEVARD % b ^�—_ IItb115' k N W13'OB'E 263146' A I iLV — RmATpN EASEUFM 1rn i jR TO C.V.W.D �✓- Ii N 89'13'W'E IOB6.l0' �� ' I — ------- --- -LOT--F- m9y-------4--------- -- — — — — LOT C - — — — — — — — — — — — — — — — — — TRACT NO. 2-1643 - T/ S. 2D3/37-5D LOT Gamx — — — — — — RAo — — — — — — — — — — — — — — — — — 9 MUIRFIELD VILLAGE LOT B law x erl3zz'E a62DP _ § PRIVATE STREET a •I3 Mb! it LOT 21 --- n ---------- ------- - ----------- ---------- W it TRACT NO. 2-1B43 MB.2D3/37-S0 18 19 20 21 W W s N +—d- 775.40' �_ /1 Jim N W13'22'E 1141n -h-+ TASO1DTfS LOT I 10- INWATES A 10.00 FWT EASEMENT FOR t'UBUO UTIM PURPOSES DEOIGTEO TO M CURVE TABLE m Act unm R 7m DISTRICT. F 393A0• Ek%100 FOR DOMESTIC WATER AM La NOfM AM LOT TAN ®_ SWTATION KIRPOSES DEDICATED TO C.V.W.D. laM 1 10'S'S1• 74,97' 77,6a N 2 M'S'Sa 541.Ia 102N 51.76' 30- WRCATES A 10.00 FOOT EASEMENT FOR w 3 M412• 572W 2424' 1212' PUBLIC URITy KIXPOSES DEOIGTED TO W / 0'6'38• 57aW 364LW CITY OF LA OIANTA V=i 6 22241? 7� 3945 15a GOLF COURSE SEE SHEET 3 FOR SURVEITIR'S MWd 7 i•52'S' 54LW 1M a" NOIa g BFARMIGS VI 8 29 W 353W 17.77' UT 9 11'&4Y 044M 1662W &AY W 10 1128'4Y ll60aa 23237 1165C SCALE 1'=50' 11 6'S8'35' 116000' N12/' 74T' 2 25 4 26 La Ad 28 2 V129 t 3 - ---- L m -------------- ------- GOLF VIEW DRII --- LOT C� R ATE STREET T,T — um AC _-------- -------------- -----13 —---------- 4, 40 39 38 37 w 36 86.3548'V 33&* - — I 23 22 LOT 23 TRACT NO. 2-1643 M.B. 203/37-50 MII 8N NB6.35'4aV 7.W 96.8•V672 -M 7f� 554z N 6 35'48'V m 7y N .4 .V --' — —. Iz 41 42 ' LOT 28 - A' TRACT NO. 21643 M.B.203/37-50 W L-O�� N 86.354ev = 6723' � — "w2w?zE eul LOT P — AMND. TR. NO. 231330-1 — M.S. 285/51-57 W V3 35 0 25 50 100 150 200 k\11WD�YM4N4�114q-'�131_ER! 1/TUN6 r� 012 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT ON -SITE IMPROVEMENTS TRACT 28838-2 THIS SUBDIVISION IMPROVEMENT AGREEMENT for ON -SITE IMPROVEMENTS (the "Agreement") is made and entered into this ► day of MAC 2000, by and between Rielly Homes Madison, LLC, a Delaware Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract 28838-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private on -site improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security per the security schedule identified on Exhibit A attached hereto and made a part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were not complete at the time this agreement was made. B. _ Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. Rielly Homes Madison, LLC — Tract 28838-2 Page 1 013 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration -fee of One Half of One Percent (0.50/6) of the estimated -cost -of the -improvements - secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 1 . Rielly Homes Madison, LLC — Tract 28838-2 Page 2 oG 1 4 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of -Subdivider-or City to -acquire such -real property -excuse, -waive, or -otherwise terminate--S-ubdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 1� Rielly Homes Madison, LLC — Tract 28838-2 Page 3 of 10 1 J 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement .security requirements as necessary to ensure completion of the improvements, and/onto require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. . When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. Rielly Homes Madison, LLC — Tract 28838-2 1fw ,e Page 4 ofQ 1 6 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. Rielly Homes Madison, LLC — Tract 28838-2 Ile, I Page 5 0917 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Date Rielly Homes Madison, LLC 23 Corporate Plaza, Suite 245 Newport Beach, CA 92660 (949) 719-4975 "%-A aL� Date Date Date Date Rielly Homes Madison, LLC — Tract 28838-2 Page 6of6©18 Exhibit A TRACT 28838-2 ON -SITE IMPROVEMENTS SECURITY On -Site Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. On -Site Improvement Description Grading Street & Drainage Improvements Domestic Water Sanitary Sewer Underground Electrical Monumentation Performance Labor & Materials $118,459 $118,459 $283,142 $283,142 $327,785 $327,785 $158,675 $158,675 $105,000 $105,000 9 000 $0 Totals: $1,002,061 $993,061 019 STATE OF CALIFORNIA ss. COUNTY OF On �(�� 01''�, oft , before me, C. \,�-� , Name, Title, e.g., "Jane Doe, Notary Public" personally appeared u-VQ QS< �,t Name(s) of S ner(s) personally known to me -- OR -- ❑ p e a is o sa is v to be the person( whose name( is/aye subscribed to the within instrument and acknowledged to me that he/shefthey executed G UDELL Cw rbn # 1254055 Ol=W County j4AVCwMB0wMor17,20D4 the same in his/4@4thoW authorized capacity(+es), and that by his/he A*eir signatureyon the instrument the person( or the entity upon behalf of which the personw acted, executed the instrument. Witness my hand and official seal. gn OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: ❑ Individual Corporate Officer: Title(s) ❑ Partner(s): ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Sykey W \5yrj� 5 myRw�Z v< AcsR�- Title or Type of Document Number of Pages SIGNERS (Other than named above) T4ht 4 4a Q9&& COUNCIL/RDA MEETING DATE: June 6, 2000 ITEM TITLE: Approval of Art in Public Places Funds for Art Piece Base RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I STUDY SESSION: PUBLIC HEARING: Approve the expenditure of $693.75 from the Art in Public Places fund for the base of the Civic Center Art Piece. FISCAL IMPLICATIONS: Funds for this request may be expended from the Art in Public Places account, #701- 000-255-21 1. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 2, 2000 City Council meeting, the City Council approved an expenditure of $2,000 from the Art in Public Places fund (Attachment 1) for the construction of a base for the Civic Center Art Piece that was purchased at the La Quinta Arts Festival on March 16, 2000. It was anticipated at that time that the cost of the base would not exceed $2,000. The City Council determined that a satin stainless steel base would be appropriate for the art piece. Upon discussion with the artist after the City Council's decision, staff has learned that considering the cost of the materials and the amount of time required to construct the satin stainless steel base, the price of the base amounts to $2,500. With tax, the total cost of the base and installation of the art piece equals $2,693.75, as provided in Attachment 2. The difference between the $2,000 allocation approved on May 2 and the final cost of the art piece is $693.75. Should the City Council approve this expenditure, it is anticipated that the artist will deliver the base to City Hall on Wednesday, June 7, and will install the art piece on the base at that time. The art piece will then be located in the recessed area near they Study Session room. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the expenditure of $693.75 from the Art in Public Places fund for the base of the Civic Center Art Piece; or 2. Do not approve the expenditure of $693.75 from the Art in Public Places fund for the base of the Civic Center Art Piece; or 3. Provide staff with alternative direction. MVT u Dodie Horvitz, Com y Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Minutes from the May 2, 2000 City Council Meeting 2. Invoice from the Russell Jacques Studio for the Art Piece Base u 002 S:\Community Services\CCReports\CC.050.wpd City Council Minutes 20 BUSINESS SESSION ......... continued 3. ATTACHMENT May 2, 21 CONSIDERATION OF LOCATION FOR THE CIVIC CENTER CAMPUS ART PIE�c. Community Services Director Horvitz presented the staff report and noted the artist recommends a satin stainless steel base. Council Member Sniff favored a stainless steel base and felt it should be of sufficient height to avoid bumping into the sharp edges. He suggested locating it in the recessed area by the Study Session room. Mayor Pena supported locating it near the reception area but felt it should be moveable in order to rotate its location at a later date. He also asked staff to find out if the art piece can be placed outside. After a brief discussion, Council concurred on a satin stainless steel base and locating the art piece in the recessed area by the Study Session room. MOTION - It was moved by Council Members Sniff/Adolph to locate the Civic Center art piece in the recessed area near the Study Session room and to appropriate $2,000 from the Art in Public Places Fund for the construction and installation of a satin stainless steel base. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-75. 4. COW4LDERATION OF AN ARTWORK MAINTENANCE AGR NT WITH WASH TON/ADAMS, L.L.C. There were no anges to the staff report as subm' d and on file in the City Clerk's Office. MOTION - It was moved 0 ouncil Men rs Sniff/Henderson to approve an Art Maintenance Agreement with ash' on/Adams, L.L.C. for the lighting system on the art .piece on the north corner of Highway 1 1 1 and Washington Street. Council Member ph commented on need for routine rinsing due to collection of d Mayor a suggested bringing the Maintenance Agrelll back at a later time to ress that issue if it's necessary. �� 004 ): I 4A(.l r7 kcir 1 ATTACHMENT 2 Ll S S F L 1. A c Q u E s ,005 T4ht 4 e(PQ" COUNCIL/RDA MEETING DATE: June 6, 2000 ITEM TITLE: Approval of the 1999 Annual Cultural Resources Report for the Certified Local Government Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the 1999 Annual Cultural Resources Report for the Certified Local Government Program. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the Community Development Department is required to file an annual report with the State Office of Historic Preservation documenting the activities of the Historic Preservation Commission during the previous year. Staff has prepared the report using the State's format (Attachment 1). Historic Preservation Commission Review: The Historic Preservation Commission reviewed the report at its meeting of May 18, 2000, and unanimously (4-0) accepted it. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the 1999 Annual Cultural Resources Report for the Certified Local Government Program; or 2. Do not approve the 1999 Annual Cultural Resources Report for the Certified Local Government Program; or 3. Provide staff with alternative direction. 1 30 Respectfully submitted, n) `Community Development Director Approved for submission by: homas P. Genovese, City Manager Attachment: Draft annual Certified Local Government Report for 1999 (without all attachments) 1 3, p:\stan\cc 1999 annual hpc rpt.WPD (10 2 ATTACHMENT 1 m 4.1 O ca J 4- O U L Q V- O Q N C C I ccaa O 0.. c O C L O O CD U O J N 4- CD CU T c 13 uu�' c 0 J O CU 0 tf 0 N C C Q rn rn O C c N 0 c0 U 0 J N u a� r'C.. a m v H LD 3 a c •m co 1 0 w C Q 3 E CD >0) lL Z N. 0 0 c m co c cm _ M c � N O Oo N mes :6 U L U > N c c O > •• _ c`0 l6 v_N, m u (n C O 0 N O E O p N c`a o•5 3 ,c D o 8, t) N O N N ytU� m u .O. 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C. r N p N d M o co V w c w hanE m n� L yn api a �a$c m.MO M aMi _ m N N D e0 N y w .+ O Z h E r°- y •- ` M p a) ° O M HC � M L C L •d p M M C C N a) >+ ~ Q M f// O O O. ` > a) M° 3 a� a3 r-�'+ L (0 ai �' C N O O_ C M U t �' `m U N Z °' diuoiE °c° h EM°'�.0 y U=om 0°'�a� U N N a� a� a) p a GL ��N _ �4) come aoi �o> � LL7M i(� I-� O- X= 5c°rnrn F-aw as ►-a�ME E-F-a� v�o H _0 n 3 0 a m C C N rn U rn rn M C l6 i a ca c ca a� m C L a� �c C CD E c O y _N m E CA O .— U� J �— J � Q a) L � � N N � E a) tis a� 3-oCc00 a) c 5- > 15 a)rnoa)a`) N 0 ch L -ts O N N CL cc E Z .V C w= to 'N W fa N L- .N (D N C1 L 'a - ` U cc00000� U w- Q y- 0 v _ O O %,- O G O O m O O �� Q O i � �� c O N N N m p -au>>>—� E�auuuO �.r.-4- m � 0222< EO 1.1�` v14 r California Office of Historic Preservation Certified Local Government Professional Qualifications Local Government: Name: Ulm- IQ (-. (!�G.zbR-E) (Name of Commissioner or Staff) Date of Appointment: Date Term Expires: Commissioner ✓Staff Certified Local Government procedures require local commissions to meet specific professional requirements. The commission shall include a minimum membership of five individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. Commission members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation -related disciplines, such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology, to the extent that such professionals are available.in the community. Commission membership shall also include lay members who have demonstrated special interest, competence, experience, or knowledge in historic preservation, American studies, cultural anthropology, cultural geography, or other historic preservation -related disciplines. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A MA or PhD in History or 0 MA/MS or PhD in CRF Pt j;I A J a;� ti (specify field) 36 Code of Federal Regulations Part 61: History Professional Qualifications Alternative B1 ❑ BA in History or 0 BA in CRF (specify field) and ❑ Two years full-time experience in history (check appropriate boxes below and attach explanation and dates) _ research _writing _teaching _ interpretation _other (specify) ❑ With a professional institution (specify institution) _academic institution _historical organization/agency _ museum _other professional institution Alternative B2 ❑ BA in History or 0 BA in CRF (specify field) and ❑ Substantial contribution through research and publication to body of scholarly knowledge in history (attach explanation) To meet the standards in this discipline you must be able to check either a big box or a big circle, and all the smaller boxes under that alternative.. One year = 12 months. Full-time = 35-40 hours per week. A year of professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, .j Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always o�: obviously related. U 1 rJ a 14 a CHRISTINE L. di IORIO Related Experience Job Title: Planning Manager CITY OF LA QUINTA, CA, August 1995 to Present Oversee the day to day planning functions. Administer the activities of the Current, Advance and Environmental Divisions. Coordinate and present projects to the City Council, Planning, Historical Preservation and Arts in Public Places Commissions. Direct supervision of professional staff. Job Title: Architectural Historian INDEPENDENT CONSULTANT, 1994 - Present Meet the Secretary of Interior's Standards as an Architectural Historian. Prepare Cultural Resource Assessments and Section 106 "Historic Survey and Resource Evaluation Reports" and document historic properties. Job Title: Senior Planner CIVIC SOLUTIONS, San Juan Capistrano, CA- August, 1994 to August 1995. Community development consultant responsible for providing. professional services to both city governments and the private sector. These services include land planning, conceptual design and development review, cultural resource management, site planning and environmental documentation. Job Title. -'Senior Planner CITY OF SAN JUAN CAPISTR.ANO, CA (pop. 26,000) - April, 1990 through August, 1994. Administered the current planning division. Supervised personnel in preparation of staff reports and performed personnel evaluations. Managed multiple projects as exemplified below. Historic Town Center (HTC) Master Plan Consultant services administrator and team .member of a master planning effort for a 12 acre commercial development having a sensitive archaeological section in the City's historic downtown. My involvement included leading public workshops, writing a public opinion survey, preparing an economic feasibility analysis of potential development scenarios. The Master Plan provided a development alternative that balanced the need for economic revitalization with sensitivity to preservation of historic and archaeological resources at the site. Forster Canyon Planned Community (350 Lot Subdivision) Project Manager of a 256-acre Comprehensive Development Plan, including processing of a Tentative Tract, Environmental Impact Report and Development Agreement. The Plan includes 350 residential units, two research and development facility sites, a school site, equestrian trail easements and public open space. Responsibilities included a coordinated review of grading and view impacts, landscaping, building mass and open space preservation with the objective of maintaining view corridors, preserving.ridgelines, ensuring natural contouring of hillside grading, and reviewing for architectural compatibility with surrounding neighborhoods. Represented City's interest in negotiating a Development Agreement to provide the necessary infrastructure for existing and future residents including circulation, a school site, slope and open space maintenance, and senior housing. 37 ao.00r "-dU lJ� CHRISTINE L. di IORIO Affordable Housing "Little Hollywood" Construction Manager for a $400,000 capital project to rehabilitate a locally designated historic district consisting of 13 low and moderate income housing units. The project involves coordination with multiple levels of government, tenants, architects, contractors and City Commissions and Committees. Responsibilities included evaluating, planning, administering and designing the rehabilitation effort to conformto preservation standards and HUD housing requirements. Additional responsibilities included consulting with architects and .contractors regarding cultural resource and design issues, and mediating tenant needs with budgetary and scheduling constraints. Board and Commission Secretary Secretary to the Design Review Commission, a five -member decision making commission, and Secretary to the Cultural Heritage Commission, a five -member advisory commission. These commissions require staff expertise in the Municipal Code, General Plan Design Element and Architectural Design Guidelines and leadership in evaluating aesthetic decisions, interpreting preservation and archaeological standards and policies, and directing meeting conduct and focus.. Jab Tale: Associate Planner CITY OF CLAREMONT, CA (pop. 75,000) - January 1989 through April 1990 Secretary to the Architectural Review Board. Responsibilities included researching and writing reports for commercial, industrial and multi -family development proposals. Served as project manager for infill buildings and modifications to historic structures in the Downtown Village and historic districts. Supervised planners in review of architectural design proposals. Job Title: Associate Planner, Assistant Planner CITY OF RIVERSIDE, CA (pop. 250,000) - May, 1985 through January, 1989 Provided staff support to the'Design Review Division. Responsibilities included researching and writing staff reports, and analyzing site layout, building elevations, landscape, irrigation and sign plans for compliance with the City's aesthetic policies and Municipal Code standards. Educational Qualifications UNIVERSITY OF CALIFORNIA, RIVERSIDE, Riverside, CA Master of Arts, Historic Resources Management, 1984 Thesis Topic: "Seismic Retrofit of Pre-1934 Unreinforced Masonry Buildings: Economic, Structural and Architectural Issues" COLORADO STATE UNIVERSITY, Ft. Collins, CO Bachelor of Arts, Historic Preservation, 1982 38 doccd.00I RESUME OF: STANLEY B. SAWA 75-258 La Cresta Drive Palm Desert, CA 92211-3100 (760)777-7064 - Business (760)773-9705 Home 1969 -1972 California State Polytechnic University, Pomona Degree: Bachelor of Science in Urban Planning 1966 - 1968 Los Angeles City College, Los Angeles, CA Degree: Associate of Arts in Architecture 5/89 - Present CITY OF LA QUINTA - Community Development Department 78495 Calle Tampico, La Quinta, CA 92253 * Staff support for Historic Preservation Commission, Architecture and Landscaping Review Committee and former Design Review Board and Planning Manager. * Assists in the preparation and administration of the City General Plan and other specific plans. * Supervise revisions to the Zoning Code. * Supervises processing of applications for projects. * Supervises and/or performs major research studies. * Directs and assists in investigations and recommends actions on petitions. for zoning and various applications. * Assists in general administration of the Community Development Department. 12/88 - 5/89 CITY OF MORENO VALLEY - PLANNING DEPARTMENT 23119 Cottonwood, Moreno Valley, CA * Lead responsibility for landscape design review of proposed project. * Staff supervision for preparation of city-wide landscape design guidelines. * Prepare written reports on various planning matters. U13 STANLEY B. SAWA * Prepare staff reports on conditional use permits, plot plans, zone changes, etc. * Make presentations to the Planning Commission. * Research and analyze land use data and trends. * Confer with public, architects, builders, attorneys, contractors, and engineers regarding city development policies and standards. * Supervision of Assistant Planners. 4/86 - 12/88 RONALD GREGORY & ASSOCIATES 73-960 Highway 111, Ste. 2, Palm Desert, CA 92260 * Designing and drafting of landscape designs. * Drafting of irrigation systems. * Job Captain in charge of coordination of projects, from conceptual design to working drawing. * Preparation of landscape specifications. * Field observation to insure compliance of landscape installation with plans. * Site plan design and studies. 1/81- 4/86 CITY OF PALM DESERT Department Of Environmental Services - Planning Division 73 -5 10 Fred Waring Drive, Palm Desert, CA 92260 PRINCIPAL PLANNER Assumes lead supervisory responsibility for major planning programs as assigned; to perform difficult and complex professional staff work; to assist in the coordination of day-to-day departmental planning activities; and to do related work as assigned. Duties include: * Assist in the development and implementation of goals, objectives, policies and priorities. * Participate in the conduct of complex studies relating to the social, economic and physical development of the community. * Assist in coordinating a program of staff assistance to the Planning Commission, Redevelopment Agency and other commissions and committees in planning matters. * Make authoritative interpretations of applicable regulations and policies. * Develop and recommend departmental policies and procedures and assist in implementing policies and procedures upon their approval. SY STANLEY B. SAWA RESUME * Staff representative for Coachella Valley Association of Governments Technical Planners and Environment Committees. * Prepare and present complex planning related reports to the Planning Commission, City Council and other boards, committees and .commissions. * Assist in budget preparation and administration. * Supervision of Associate and Assistant Planners. 4/79 -1/81 CITY OF PALM DESERT * Assist in identification and development of planning alternatives, policies, and strategies in Department of Environmental Services (Planning Division). Charged with primary staff support for City Design Review Board, primary duties related to current planning (project proposals and architectural critique) and Zoning Ordinance administration. Duties include: * Staff support for Design Review Board. * Supervision of Planning Assistant- and Planning Draftsman. * Preparation and presentation of reports to Architectural Review Board, Planning Commission, and City Council. * Zoning Ordinance administration including Sign Ordinance. * Consult with public and private individuals on planning matters. * Special reports related to current planning (Annexations, Ordinance Amendments). 6n3 - 4/79 TORRANCE CITY PLANNING DEPARTMENT 3031 Torrance Blvd., Torrance, CA 90503 Assist Division Head in identification and development of planning alternatives, policies and strategies in the Development Review Division (Zoning and Environmental Review); research, analyze, and prepare reports to City Council, Planning Commission and various committees; conduct presentations to various governmental groups; meet and consult with public and private interests on planning matters; act as Division Head in absence of supervisor. Duties include: Zoning and Hillside Ordinance Administration. Jb STANLEY B. SAWA RESUME * Preparation of staff reports on zoning and related matters (zone changes, CUP's, subdivisions, variances, general plan amendments). * Implementation of CEQA (Negative Declarations) * Presentation of reports to City Council and Planning Commission Meetings. * Supervision of CETA employees and Planning Technician. * Critique of proposed private developments. 12n2 - 6n3 CITY OF-OCEANSIDE - PLANNING DEPARTMENT 704 Third Street, Oceanside, CA Duties included preparation of staff reports to Planning Commission and City Council, performed graphic and rafting assignments; completed miscellaneous planning and zoning studies, administer Zoning Ordinance and various State laws. Fixeli1a 1971 - Present Member of American Planning Association 1971-1973 . Member of American Society of Planners 1984 -1986 Board of Directors - Family YMCA of the Desert REFERENCEPersonal and professional references are available and will be sent upon request. U1 RECEIVED June 5, 1997 JUN 9 An 9 25City of La Quinta OF Lk QUI14TA CITY CLERK Application to Serve On Historic Preservation Commission Name:. Barbara J. Irwin Home Address: 44-065 Camino La Cresta, La Quinta, CA 92253-3950 Telephone: (Home) 360-9851 Length of Residence in La Quints: 6 years Attendance of Historic Preservation Commission Meetings: April and May 1997 Biographical sketch, including education, work experience, civic involvement and other background. My participation in City affairs has been consistent and varied during the past four years. This involvement began with Ordinance 242, the Consistency Ordinance for partially built -out developments, and has continued through the recent RV Ordinance. I was the only woman to serve on the RV ad hoc committee. I am presently finishing a three-year appointment to the Human Services Commission. I was elected Chairperson of that Commission for each of the three years that I served. I presently hold the volunteer position of Museum Director for the La Quinta Historical Museum. Describe your knowledge of the functions, regulations, duties and procedures of the La Quints Historic Commission. I have read and understand the Ordinance for the Historic Preservation Commission and am able to work within the discipline of that ordinance. I believe that I can contribute to this Commission. Three members of the Commission shall be appointed from among Professionals in the disciplines of architecture, history, architectural history, planning, or other historic preservation -related disciplines, such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology. Please explain which specific discipline qualifies you for appointment. N/A 0j v22 Two members of the Commission shall be lay members who have demonstrated special interest, competence, experience or knowledge in historic preservation, American studies cultural anthropology, cultural geography, or other historic preservation -related disciplines. Please explain your special interest/experience/knowledge as a lay member. My application is for a lay position of this Commission. My involvement with the La Quinta Historical Museum requires me to do a great deal of research and I enjoy it very much. We are very fortunate to live in an area that is so rich in history, visible and not so visible. I sometimes feel I'm in a snowball that keeps getting bigger and bigger. The more I learn, the more I want to learn. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the Historic Preservation Commission? I possess organizational skills and an appetite for knowledge. I am able to get along with most people and am a willing team member. I look forward to serving on the Historic Preservation Commission. I feel that knowledge of the past enables us to enrich our lives. The protection of the past should be important to all of us. Michael H. Mitchell 38 Lucerne Drive Palm Desert, CA 92260 BIOGRAPHICAL S.KET CH . Education: BA History 1973 BA Anthro 1974 Long Beach State Long Beach State MA Anthro 1984 Long Beach State Professional Organizations: U.S., Latin American & Russ_ian Histories Concentration in Archaeology Focus on Southern California Coastal Prehistory Member of the Society of Professional Archaeologist since 1985 Certified in Field Studies Cofounder and member of the Coachella Valley Archaeological Society Employment History: 1976-1977 Archaeologist for the BLM, Surprise Resource Area (Great Basin Archaeology) 1978-1984 Graduate student, Cal. State Long Beach 1983 Field Archaeologist (excavation and inventory) for James Brock & Paul Langenwalter in Riverside County 1984-1987 Field Director for Scientific Resource Surveys Inc., Huntington Beach. Supervised inventory and excavations throughout southern California. 1987-1999 Staff archaeologist for the Palm Springs Field Office of the Bureau of Land Management. Responsible for inventories, review of archaeological rep-6rts for federal actions and lead for their cultural resource program. Initiated section. 106 of the National Historic Preservation Act -consultations with the California Office of Historic Preservation. Coordinated Native American consultations and inquires. January 31, 1999 Retired t- r v�� KNOWLEDGE OF LA QUINTA HISTORIC COMMISSION -ommission comments on city planning and other actions which might impact the rich historic and prehistoric environment of the City of La Quinta. Endeavors to -educate the public concerning La Quinta's historic heritage. Makes re -commendations for the preservation of historic landmarks. . QUALIFIED DISCIPLINE AND EXPERTISE My extensive background in cultural resource management satisfying both the California Environmental Quality Act when.I was employed in the private sector and the National Historic Preservation Act when I was employed by the Bureau of Land Management. I have backgrounds both in archaeology and history. I also have extensive experience in associating with local Native American tribes. I have extensive knowledge of the local archaeology, both historic and prehistoric. I also have been involved in nominating eligble archaeological sites to the National Register of Historic Places. 00 78-620 Forbes Circle . La Quinta, CA. 92253 # (760) 345-4411 EXPERIENCE 1990-98: Bilingual Elementary and Secondary Teacher. Desert Sands Unified School District, California, USA. 1993, 1996: Teacher for the G.A.T.E. (Gifted and Talented Education) Program. Taught Music and Spanish at the elementary level. at Desert Sands Unified School District. 1988-90: "History of Music" Teacher at High School Level in Madrid, Spain. 1986: "Solfeggio' Music Substitute Teacher at the Royal Conservatory of Music, Madrid, Spain 1983: University of Deusto, Bilbao, Spain Practicing School of Archeology for the Basque Country. Formally enrolled for one school year. Took part in the excavations in the Cave of Arenaza I (Bilbao, Spain). I Lei 1999: University of Redlands, CA. M.B.A. candidate. 1997: U.C.R. (University of California, Riverside.) Certificate in the Education for the Gifted and Talented 1996: U.C.R. (University of California, Riverside.) Certificate for the Study of the Multiple Intelligences. 1995: California Professional Clear Teaching Credential: - Multiple Subjects (Grades k-5). - Single Subject (Spanish), Grades 9-12. - BCLAD (Spanish) Professional Clear Credential. . Tt 1993: Canadian Studies Seminar, organized by the Ministry of Education of Toronto (Ontario) and the Foreign Affairs Ministry. 1993. 92, 95: Attended C.A.B.E. (California Association for Bilingual Education) Congress. in San Francisco and Anaheim, California. 1990: Presentation to the XXIII International University Congress in Madrid, Spain, on "Musical Dissonances at the end of the Present Milenium", which was later published by the University Complutense of Madrid. Spain.. 1989: Presentation to the XXII International University Congress in Rona', Italy, on "Music during the French Revolution", which was later published By the University Complutense of Madrid, Spain 1988: University Complutense of Madrid, Spain. Institute of Educational Sciences: Certificate of Pedagogical Competence. 1987: University Complutense of Madrid, Spain. M.A., Double Major in History and Art. 1989: Royal Conservatory of Music, Madrid, Spain. Superior Degree in Classical Piano, Superior Degree in Chamber Music. 1997: Reappointed as a member of the La Quinta Historic Preservation Commission, La Quinta, California. Languages: Spanish, English, limited Italian and beginning French and German. Computers: Proficient in Apple Macintosh and IBM PC programs. Pianist: Played in numerous piano concerts, social occasions and in Musical Plays. 1989-97: France, Italy, England Mexico, Canada (Ontario and Quebec), Guatemala, Puerto Rico, British and U.S: Virgin Islands and in the U.S. California, Arizona, Nevada, Utah, Vermont, New York And Hawaii: U2 NOW LWBIGR 53-795 Eisenhoww Drive — La Quints. CA 92253 Fax 760-771-1811 - Home Phone 7604640M I am a personable, proactive individual with experience in many fields. I am dedicated to my profession and my community, and enjoy networking in both. 1966 Judge Memorial High School - Salt Lake City, Utah General and College Preparatory studies 1970 University of Utah - Salt Lake City, Utah ' Major: Political Science Minor: Economics Major Study: Urban Affairs and Political Geography Degree: BS - Political Science FMPT.0YMENT 1994 - Present 1991- 1994 1989 -1991 Commercial Sales Lead A Manager of the Southern CA Commercial Sales Team, Color Spot Nurseries The nations largest nursery operation. Duties include sales management, creation of regional harvest plans, and heading up annual and perennial plant sales to golf courses, homeowners associations, hotels and the landscape industry though out Southern California. Sales Manager, Sunnydunes Nursery and Turf Large wholesale nursery and plant grower in the Coachella Valley. Duties included coordination with homeowners associations and golf courses on bi -annual color change outs. University Housing Grounds Manager/Landscape Foreman, University of Utah Full time responsibilities included: Selected, trained, and supervised up to an 18 member grounds crew in all facets of grounds maintenance. Organized seasonal .grounds maintenance schedules. Planned and projected yearly operating budgets. Coordinated and completed new landscaping projects, and worked with other departments in planning and completing special projects. Owner, Co -Owner, and Owner/Operator of the following businesses: Wright Landscaping Service (Landscaping and Irrigation Company) W-L Steel Erection (Structural Steel Erectim Company) South Seas, Ltd (Impmts/EWm) 1 . r f1cJ� NOW &WRIOU 53.795 EiSW*v Ner Drive - La QWft, CA 92253 Fax 760-771-1611 — Home Phone MZ64=3 * Art History * Photography * Reading and writing * Golf * Commissioner - La Quinta Historical Preservation Commission * Member of the Board - California Community Association Institutes * Member of California Association of Community Managers * Member of Hi-Lo Desert Golf Course Superintendents Association * President of the Board - Friends of La Quints Library * Member of La Quinta Arts Foundation Roundtable West La Quinta Historical Society 2 ,.24 Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Authorize the City Manager to Sign an Indemnification Agreement to Accommodate a Golf Cart Tunnel Beneath the Public Right -of -Way that Would Extend from the Southwest Corner to the Northeast Corner of Jefferson Street and Avenue 52, Upon City Attorney Approval as to Form, and Prior to Commencement of Tunnel Construction RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and accept the Environmental Addendum for Environmental Assessment 99- 378, in that no changed circumstances or conditions exist which would trigger the preparation of additional environmental review; and Authorize the City Manager to sign the Indemnification Agreement to accommodate a Golf Cart Tunnel beneath the public right-of-way extending from the southwest corner of Jefferson Street to the northeast corner of Jefferson Street and Avenue 52. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 1999, the City of La Quinta prepared an Environmental Assessment (EA 99-378) and a Mitigated Negative Declaration for planned improvements at Jefferson Street between Avenue 54 and Indio Boulevard. Subsequent to the approval of this Mitigated Declaration, KSL submitted a request for the construction of a golf cart tunnel that would extend from the southwest corner to the northeast corner of Jefferson Street and Avenue 52. The tunnel will extend for a distance of approximately 475 feet, at a depth of 16.5 feet below existing grade. The 285 lineal feet of the tunnel will occur under the right-of-way for the intersection, while approximately 90 feet at each end will extend into private property (Attachment 1). C:\My Documents\WPDOCS\CCJH Tunnel Rpt.wpd In addition to the Addendum, long term use and maintenance of a privately owned tunnel passing under public right-of-way must also be addressed. To that end, the Indemnification Agreement for Improvement Beneath Public Right -of -Way has been drafted and is currently being reviewed by legal counsel for both parties as of this writing (Attachment 2). Under the proposed Agreement, KSL will indemnify the City from all actions that may arise due to the construction, maintenance, operation and use of the tunnel. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and accept the Environmental Addendum for Environmental Assessment 99-378, in that no changed circumstances or conditions exist which would trigger the preparation of additional environmental review; and Authorize the City Manager to sign the Indemnification Agreement to accommodate a Golf Cart Tunnel beneath the public right-of-way extending from the southwest corner of Jefferson Street to the northeast corner of Jefferson Street and Avenue 52; or 2. Do not approve or accept the Environmental Addendum for Environmental Assessment 99-378; and Do not authorize the City Manager to sign the Indemnification Agreement to accommodate a Golf Cart Tunnel beneath the public right-of-way extending from the southwest corner of Jefferson Street to the northeast corner of Jefferson Street and Avenue 52; or 3. Provide staff with alternative direction. Respectfully submitted, Jerrf-Hermqk. Community Development Director Xhomas r submis ' n Genovese, City Manager Attachments: 1 . Tunnel Centerline Profile 2. Indemnification Agreement for Improvement Beneath Public Right -of -Way CAMy DocumentsMPDOC MI-1 Tunnel Rpt.wpd 02 Addendum to Environmental Assessment 99-378 Jefferson Street Improvements Approved May 18, 1999 Description of Project: In 1999, the City of La Quinta prepared an Environmental Assessment (EA 99-378) and Mitigated Negative Declaration for planned improvements at Jefferson Street, between Avenue 54 and Indio Boulevard. The improvements analyzed in the EA included the widening of this segment of Jefferson Street to six lanes, and the installation of raised median islands for a total length of approximately 6.2 miles. The project occurs within the jurisdictions of the cities of La Quinta and Indio, and the County of Riverside. Subsequent to the approval of this Mitigated Negative Declaration, the City received an request for the construction of a golf cart tunnel at the intersection of Avenue 52 and Jefferson Street. The tunnel would occur from the southwestern property corner to the northeastern property corner. The request, by KSL Development Corporation, is being made in anticipation of allowing golf cart and maintenance vehicle traffic between golf holes which are planned for future development on both properties. The tunnel will extend for a distance of approximately 475 feet, at a depth of 16.5 feet below existing grade. 285 linear feet of the tunnel will occur under the right-of-way for the intersection, while approximately 90 feet at each end will extend into private property. Justification for Addendum to Mitigated Negative Declaration Pursuant to Section 15164 of the California Environmental Quality Act (amended, 1998) (CEQA), an Addendum to an adopted Negative Declaration may be prepared "if only minor technical changes or additions are necessary." CEQA further states that an explanation "supported by substantial evidence" must be provided, justifying why a subsequent Negative Declaration was not prepared. Section 15162 of the CEQA Guidelines provides specific conditions under which a subsequent Negative Declaration must be prepared. Each of the issues which would require such a subsequent Negative Declaration is summarized below, and evidence presented as to why no subsequent Negative Declaration is needed in this case. 15162 (a) (1): Substantial changes are proposed in the project which will require major revisions of the previous... negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; The proposed tunnel construction occurs within the area studied as part of the original Negative Declaration. No new or increased environmental effects are expected from the proposal. Three issue areas have been identified as being associated with this proposal: earth and geology, water and transportation. None of these will haves ,, C:\My Documents\WPDOCS\KSL TUNN EA ADD.wpd 0 increased impacts as a result of the proposed project (please see discussion below under Checklist items 3.3 and 3.6). Both these areas of analysis were extensively studied in the original Negative Declaration. 15162 (a) (2): Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous... negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; There is no substantial change in the way the project is undertaken. Construction of the project is underway, and substantially conforms to that studied in the Negative Declaration. The proposed addition of the tunnel will become an additional component of the original project. The tunnel portion will be complete prior to the completion of the widening project at this intersection. 15162 (a) (3): New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous... negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous... negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or (D) Mitigation measures or alternatives which are considerably different from those analysed in the previous.. negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed tunnel occurs within the original project. No new significant effects have been identified for the proposed tunnel. No new information has been received which would have impacted the original Negative Declaration. No issue identified as significant in the original Negative Declaration is identified as potentially more severe for the proposed tunnel project. The proposed tunnel has no impact on project alternatives discussed in the original Negative Declaration, nor is an amendment to the improvement project proposed as a result of the proposed tunnel. Therefore, all original mitigation measures will continue to be implemented. The proposed tunnel will not have any impact on the improvement project. CAMy Documents\WPDOCS\KSL TUNN EA ADD.wpd Discussion of Environmental Evaluation The following discussion supplements the original Environmental Assessment, 99-378, which is hereby incorporated into this addendum in its entirety by this reference. Only issues with potential impacts on the environment directly associated with the proposed tunnel project are discussed below. 3. Earth and Geology. Would the proposal result in or expose people to potential impacts involving: b) Seismicity. groundshaking or liquefaction? Less than significant impact The proposed tunnel occurs in a Zone III groundshaking zone. Significant seismic activity can be expected throughout the City and region in the event of a large earthquake. The tunnel will be required to meet all City standards for engineering and reinforcement, which will lower potential impacts to a level of insignificance. The proposed tunnel project does not occur in a Liquefaction Hazard Area'. The City's Engineering standards require that the project proponent provide site specific soils analysis, including depth to groundwater. Should groundwater be encountered, the City Engineer will require that design of the tunnel structure meet requirements to resist the impacts of liquefaction during a significant seismic event. These existing standards will ensure that potential impacts associated with liquefaction are reduced to a less than significant level. e) Erosion, changes in topography or unstable conditions from excavation, grading or fill? Potentially significant unless mitigated The soils in the project area are composed of Myoma silty sands, subject to erosion in windy conditions, and potentially unstable when excavated. The City has established standards for all grading, excavation and fill. The City Engineer will review and approve all plans for the proposed project. The site specific soils analysis required in 3.b), above, will allow for a comprehensive analysis of the soil properties, and the engineering and construction techniques required to eliminate potential impacts. Plans for trenching, backfilling and reinforcement of the project will be reviewed and approved prior to the issuance of any permit for the proposed project, thereby ensuring that potential impacts from unstable soils are reduced to a less than significant level. The proposed project occurs in an area subject to wind erosion. The construction of the proposed project will be subject to all mitigation measures included in Environmental Assessment 99-378, which include requirements for an Erosion Control Plan. This mitigation measure will serve to reduce potential impacts from wind erosion to a less than significant level. City of La Quinta General Plan Final Environmental Impact Report, 1992. C:\My Documents\WPDOCS\KSL TUNN EA ADD.wpd 05 4. Water. Will the proposal result in: a) & b) Changes in absorption rates, drainage patterns or the rate and amount of surface runoff? Less than significant impact The proposed tunnel project will occur in an area already analysed for its potential impacts to absorption rates and drainage patterns, and where these impacts were determined to be less than significant. The tunnel project will further cover the ground with an additional 90 feet of impermeable surface at either end of the tunnel. This area, however, will not represent a significant additional impermeable area, and will not have a significant impact. The design of the tunnel will be required by the City Engineer to comply with City standards for grade, to ensure that surface water which may occur is carried away from the tunnel, thereby reducing the risk of exposure to flooding.. All potential impacts are expected to be less than significant. 6. Transportation/Circulation. Will the proposal result in: b) Hazards of safety from design features (e.g. Sharp curves or dangerous intersections) or incompatible uses (e.g. Farm equipment)? Potentially significant unless mitigated. The proposed tunnel will require the trenching and excavating of an area of approximately 285 feet within the public right-of-way. This construction could result in the reduction or slowing of travel lanes on Jefferson Street. The original Environmental Assessment included a requirement for a traffic management plan, including warning signs, detours and appropriate traffic controls. The proposed project will be required to implement this mitigation measures, and ensure that traffic flows safely through the impacted area. This prior mitigation measure ensures that the impacts to traffic safety are reduced to a less than significant level. The construction of the golf cart tunnel will further reduce the potential impacts which might have been created by a golf cart path across a roadway, and presents a beneficial impact of the proposed project. 163 06 C:\My Documents\WPDOCS\KSL TUNN EA ADD.wpd 35.0 30.0 25.0 20.0 15.0 10.0 5.00 0.00 I _ �. , ' ; �y.nVafMY df -_ 4 u• WL _ L 1_ I I -- -- - I O n: 5n lann Il 11Sn 9,M , TUNNEL CENTERLINE PROFILE TOP OF TUNNEL LENGTH 416.44' WIDTH OF TUNNEL 16' >r a FLOOR OF TUNNEL LENGTH 466.79' TUNNEL STRUCTURE 0.67' THICK HEIGHT OF TUNNEL 8.5' TUNNEL FLOOR CROSSFALL 1.0% REVISIONS NAINIERO,SAOTH AND ASSOCIATES,INC. I ELEV. !BK ZMN/NC / QwL--NL'WNC / LW! 4CIIIl)]M T1 35.00 30.00 25.00 20.00 15.00 o. o0 5.00 0.00 �7 CITY OF LA QUANTA, CALIFORNIA _ KSL - THE GOLF CART TUNNEL AT .EFFERSON ST. AND AVE. 52 i >oro� i J ------ 265 29.7 I x \ \ x \ 26.6 \ X \ 27.9 21.1 X X / 2 x6 28.3 29.5 ,y �/ 26.3 27.5 / X 26.6 SIC / 26.2 x 27.7 I x ^ X X x _J6 a ` ` 26.2 26.8 / \ 26.4 26.Asm„ X I 28.2 / �35 26.3 x / x / A X 27.4 / x ( J I 25.8 i 27.5 o ym 28.3 / 28.6 .28.8 27.7 I a 27.6 X 2X 2X5 26.6 AVENUE 52 28.9 2 X _28.6_ x Wl :rmroi 2X3 X W am X r /2 X A 25.7 28.8 x 2.2 iL^ X 2 x 5X x / ¢ x/ 25.6 26.4 ' \ 5 W o / 26.1 X 25.2 x \ x 25.3 1 1 x �\ 2B1 Y �` - I ¢ D / x O) / lu 2 .51 LL �\ 25.2 25.3 x X2 x / x P-A\ / / / `nmxc ur nn, 2 X y 17 \� 2 K8 X I I I 25.4 �IVIr ti 'r 25.2 x �... ♦,.� QR'� iI x W -7. i 27.5 i rlr,.r..4rwa ' REVISIONS MAINIERO,SMITN AND ASSOCIATES,INC. urxlc 6LEV. Ox4o1 !8K CITY OF LA OLXNTA. CALIFORNIA sunxnrc / c/nc exc/nrrenrc / uns averer/nc rn a ruWm nnron u� sx7m wl K9L -TIE RANCH M y/y , r�roenn e _ saw ow,onx GOLF CART TUlEL AT .EFfER" 9T. AND AVE. 52 1 rexlij iree - II ru Je "E" u..Es m/xr/m nee pots m/m/n, ATTACHMENT 2 INDEMNIFICATION AGREEMENT FOR IMPROVEMENT BENEATH PUBLIC RIGHT OF WAY Jefferson Street/Avenue 52 Golf Tunnel THIS INDEMNIFICATION AGREEMENT (the "Agreement") is made and entered into this day of , 2000 by and between KSL Land Corporation, a Delaware Corporation ("KSL") and the City of La Quinta, a municipal corporation of the State of California, (the "City"). Recitals A. City owns public right of way easements at the intersection of Jefferson Street and Avenue 52 and maintains an improved roadway thereon. B. KSL desires to construct a golf cart tunnel (the "Tunnel') beneath these intersecting roadways to provide a safe crossing of Jefferson Street and Avenue 52 between future golf courses to be located adjacent to the street right of way in the southwest quadrant and the northeast quadrant of this intersection. The area proposed to be occupied by the Tunnel is illustrated and described in Exhibits A and B herewith. C. City will permit the Tunnel with certain conditions for its construction, operation and maintenance as described below. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. KSL shall submit Tunnel construction plans meeting the requirements of the City Engineer. 2. Permits and Fees. Prior to occupying the Jefferson Street and Avenue 52 rights of way for the purpose of construction of the Tunnel, KSL shall obtain all required permits and pay the associated fees. 3. Construction. KSL shall construct the Tunnel in accordance with the approved plans and permit and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 4. Use of Tunnel. The Tunnel may be used for the purpose of travel by pedestrians, golf carts, vehicles related to maintaining, repairing and replacing the Tunnel, and other vehicles used in conjunction with PGA WEST golf courses. The Tunnel shall not be used for general vehicular access. 5. Obligation to Maintain. Repair and Replace. KSL shall have the obligation to cause the Tunnel to be maintained, repaired and replaced, in a safe condition. Such obligations shall include, but are not limited to, keeping the Tunnel free from weeds, debris and obstructions, repairing damage due to the elements and ordinary wear, and repairing any damage or other detrimental effects the Tunnel may cause to the public roadway above. 1ti 10 T:\PWDEPT\Devdiv\Freds-files\TRACTS\Agreements\KSL\Ave52-Jeff Tunnel - 1 st draft.wpd Page 1 of 3 6. Assumption of Liability and Indemnification. KSL hereby binds itself, and its assigns„ and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with or affected by the Tunnel and its construction, operation, maintenance, and repair, including costs of suit and reasonable attorneys' fees. 7. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants; and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non - prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect: 11 T:\PWDEPT\Devdiv\Freda-files\TRACTS\Agreements\KSL\Ave52-Jeff Tunnel - 1 st draft.wpd Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk KSL: By: _ Title: By: Title: Reviewed and Approved: Approved as to Form: City Engineer City Attorney T:\PWDEPT\Devdiv\Freds-files\TRACTS\Agreements\KSL\Ave52-Jeff Tunnel - 1st draft.wpd City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date KSL Development Corporation 55920 PGA Blvd. La Quinta, CA 92253 760/564-1088 Date Date Date Date I -;;"c 12 Page 3 of 3 Exhibit A Location of Tunnel 13 Exhibit B Legal Description of Improvement Area 14 T4t!t 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 ITEM TITLE: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City Council on May 2, 2000 continued this item (Attachment 1). As of this date, the Bill has not changed and staff is unable to find any additional information as to its status changing in the House (Attachment 2). FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries as modified; or 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. C:\My Documents\WPDOCS\ccjh-Monument.wpd 4. Provide staff with alternative direction. Respectfully submitted, -ry Herrnan mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . City Council Minutes and staff report for May 2, 2000 PAJERRY\ccjh-Monument.wpd F. 0 ATTACHMENT 1 City, Council Minutes 3 May 2, 2000 wish to be present. She further suggested a revision on the Donor I ormation page to read "This tree donated in memory of." Council concurred. Council Member Henderson also spoke regarding Item No.fi and suggested exploring potential "water recreation activities" at Lake Cahuilla �Oe r Recreation Opportunities (Page 25). Council concurred. 1. APPROVAL OF DEMAND REGISTER 2. APPROVAL OF A MEMORIAL MAY 2, 2000. DONATION PROGRAM (as amended). 3. APPROVAL OF PROGRAM SU LEMENTAL AGREEMENTS NO. 018, 019, AND 020 TO CITY OF LA at 'STATE AGREEMENT NO. 08-5433 FOR STATE LOCAL TRANSPORTATIO PARTNERSHIP PROGRAM (SLTPP) FUNDING FOR PROJECT 99-05, JEFFE SON STREET IMPROVEMENTS (HIGHWAY 111 TO AVENUE 54). 4. ADOPTION OF A R OLUTION APPROVING THE AMENDED AND RESTATED PARS (PUBLIC GENCY RETIREMENT SYSTEM) TRUST AGREEMENT. (RESOLUTION . . 2000-34) 5. ADOPTIOOF THE CITY'S FISCAL YEAR 2000/2001 ECONOMIC DEVELOPMENT PLAN (as amended). MOTTO -• It was moved by Council Members Sniff/Adolph to approve the Cons t Calendar as recommended and amended and with Item No. 4 being appr ved by RESOLUTION NO. 2000-34. Motion carried unanimously with Co ncil Member Perkins ABSENT. MINUTE ORDER NO. 2000-71. 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. Community Development Director Herman gave the staff report and stated he understood additional changes to the legislation are forthcoming. ._ City. Council Minutes . _ 4 May 2, 2000 Council Member Henderson was concerned about the restriction on low-level overflights and stated the Desert Resorts Regional Airport Authority will be discussing that issue at their next meeting on May 31. She was prepared to support the legislation if the date of the material supported could be included in the resolution along with wording that addresses the concerns about overflights. Wayne Hancock, 5.5-920 PGA Boulevard, of KSL Land Corporation, also voiced concern about the overflight restrictions. Council Member Henderson understood the restriction on commercial low-level overflights are tourist -type flights similar to those at the Grand Canyon and that it should not impact future general aviation. Council Member Adolph asked if the restriction would include hot air balloons. Mayor Pena suggested this item be continued until after the Desert Resorts Regional Airport Authority meeting. Council Member Adolph was concerned about verbiage in the legislation that states "Congress does not intend," noting they could change their mind. Council Member Sniff was concerned the legislation would be delayed too long and result in a National Monument designation being done by Executive Order. Mayor Pena questioned why some of the Valley cities are not included in the Local Advisory Committee referenced in the legislation. Council Member Henderson noted those cities are not likely to be impacted by the designation. MOTION - It was moved by Council Members Sniff/Henderson to continue consideration of support of the proposed National Monument designation to June 6, 2000. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-72. 2. CONSIDERATION OF C IC CENTER CAMPUS ARTWORK PROPOSALS. Community Services Direc or Horvitz presented the staff report. 05 T4'y,, 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 2, 2000 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Per Council direction at the meeting of April 4, 2 000 (Attachment 1), the agreed upon Bill was submitted to the City by Ms. Linda Valter, from Congresswoman Bono's Office. This Bill was transmitted to the City Council prior to this meeting. Staff has noted on the agreed upon Bill (Attachment 2), the changes that were made to the Bill transmitted to the Council (Attachment 3). FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries as modified; or P:\JERRY\ccjh-Monument.wpd V t) 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully subfnitted, Herdnan iunity Development Director Approved for submission by, z z lz�'11-11 - Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes of April 4, 2000 2. Agreed upon bill dated April 12, 2000 3. City Council staff report of April 4, 2000 P:\JERRY\ccjh-Monument.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING. DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT WHEREAS, Congresswoman Mary Bono has introduced HR 3676, a Bill establishing the Santa Rosa and San Jacinto Mountains National Monument Act of 2000; and, WHEREAS, the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 will encompass portions of Municipal boundaries of the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, does hereby recognize the importance of protecting this magnificent and unique resource and supports HR 3676 which establishes the Santa Rosa and San Jacinto Mountains National Monument, and the boundaries around the City of La Quinta illustrated on the attached Map (Exhibit "A"), which shall be utilized to create the boundaries of the Monument in order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of May, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California � v C:\My Documents\WPDOCS\ResoCC National Monument.wpd City Council Resolution 2000- National Monument ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 1 09 CAMy Documents\WPDOCS\ResoCC National Monument.wpd ATTACHMENT 1 City Council Minutes 3 April 4, 2000 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION, Community Development Director Herman presented a brief report as outlined in the staff report. In response to Council Member Henderson, Frank Cullen, of Congresswoman Bono's Office, advised some minor "more technical in nature" changes are expected to be in the mark-up next week. He added the language will accommodate the use of regulated motorized vehicles and the boundary map will be attached. Council Member Adolph was concerned about private rights of property owners and how the National Monument designation might affect future development. He noted the City has one of the most restrictive hillside ordinances in the Valley and. did not want to see the Federal government supersede it. Mr. Cullen stated Congresswoman Bono is sensitive to those concerns but the Secretary of the Interior and Secretary of Agriculture will interpret the management of the area once it's designated as a National Monument. The National Monument designation is expected to be in place either by Congressional or Executive order by the end of the year. The intent of the proposed legislation is to address private property concerns in concert with preservation of the hillsides. In response to Council Member Sniff, Mr. Cullen stated he understood a fair level of compromise has been reached with all the relevant stakeholders *and that they are satisfied. He agreed to forward the mark-up draft to Council as soon as it's available. Council Member Sniff suggested no action be taken until the final draft is completed. In response to Mayor Pena, Mr. Cullen advised the specific areas of concern. seem to be interim management and restriction of developments already underway. He said although the Department of the Interior is not willing to codify that concern in the legislation's language, they are sensitive to it. The Secretary of the Interior has indicated he now feels a compromise can be reached and would most likely support the legislation. 18u 12 City Council Minutes 4 April 4, 2000 Katie Barrows of C. V. Mountains Conservancy, commended Congresswoman Bono's staff for their efforts. She pointed out the National Monument designation will provide potential for funding and a management plan for the mountain. areas. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Corporation, stated he expects to be pleased with the final product but noted it's still a moving target at this time. KSL is opposed to a buffer zone and wants clear designation on what is in and out of the National Monument. Council Member Henderson agreed with taking no action until something more defined is available to look at. MOTION - It was moved by Council Members Sniff/Henderson to continue the issue of supporting the proposed National Monument designation until May 2, 2000. Motion carried unanimously. MINUTE ORDER NO. 2000-58. 2. CONSIDERAIRION OF COMMUNITY SERVICES GRANT REQUEST FROM THE MEALS ON WHEELS PROGRAM. Community Servi6s Director Horvitz presented the grant request as outlined in the staff report. MOTION - It was mov d by Council Members Perkins/Henderson to approve the Community Services G nt request for the Meals on Wheels program from the Special Projects Conting cy Account in the amount of $650. Motion carried unanimously. MINUTE 0 DER NO. 2000-59. 3. CONSIDERATION OF A RESOI PARTICIPATION IN ASSESS SEWER IMPROVEMENTS. ON.APPROVING THE CITY'S BALLOTS FOR IT DISTRICT 2000-1, PHASE VI PUBLIC Public Works Director Vogt presente the proposed resolution as outlined in the staff report. In response to Audrey Ostrowsky, P. Box 351, Mayor Pena explained the proposed appropriation is for assessments n the properties owned by the City. �v om enovese - revised monument billge ATTACHMENT 2 From: Walter, Linda" <Linda.Valter@mail.house.gov> To: "'tgenoves@la-quinta.org"' <tgenoves@la-quinta.org... Date: Wed, Apr 12, 2000 9:44 AM Subject: revised monument bill ' 00 RPR 12 PM 12 37 Here is the agreed upon bill. CITY OF LA QUItJTA CITY MANAGER'S OFFICE > <<HANSEN_078.PDF>> 14 FAM[6\H.ANSEN\HANSEN.078 H.L.C. AMENDMENT 1N THE NATURE OF A SUBSTITUTE To H.R.. 3676 OFFERED BY MR. HANSEN Strike all after the enacting clause - and insert the following: .1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE. —This Act may be cited as the 3 "Santa Rosa and San Jacinto Mountains National Monu- 4 went Act of 2000". 5 (b) TABLE OF CONTENTS. —The table of contents of 6 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Santa Rosa and San Jacinto Mountains National Monument, California Sec. 3. Management of Federal lands in the National Monument. Sec. 4. Development .of management plan. Sec. 5. Existing and historical uses of Federal lands included in Monument. Sec. 6. Acquisition of land. Sec. 7. Local advisory committee. Sec. 8. Authorization of appropriations. 7 SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SM H JACINTO MOUNTAINS NATIONAL MONUMENT, 9 CALIFORNIA. 10 (a) FINDING}S.—Congress finds the following: 11 (1) The Santa Rosa and San Jacinto Moun- 12 tains in southern California contain nationally sig- 13 nificant biological, cultural, recreational, geological, 14 educational, and scientific values. April 12, 2000 (11:18 AM) ... F:\V6\041200\041200.054 J F:\M6\HANSEN\HANSEN.078 2 H.L.C. 1 (2) The magnificent vistas, wildlife, land forms, 2 and natural and cultural resources of these moun- 3 tains occupy a unique and challenging position given 4 their proximity to highly urbanized areas of the 5 Coachella Valley. 6 (3) These mountains, which rise abruptly from 7 the desert floor to an elevation of 10,802 feet, pro- 8 vide a picturesque backdrop for Coachella Valley 9 communities and support an abundance of rec- 10 rational opportunities that are an important re- 11 gional economic resource. 12 (4) These mountains have special cultural value 13 to the Agua Caliente Band of Cahuilla Indians, con- 14 taining significant cultural sites, including village 15 sites, trails, petroglyphs, and other evidence of their 16 habitation. 17 (5) The designation of a Santa Rosa and San �U\S 18 Jacinto Mountains National Monument by this Act 19 is not intended to impact upon existing or future 20 growth in the Coachella Valley. 21 (6) Because the areas immediately surrounding 22 the new National Monument are densely populated 23 and urbanized, it is anticipated that certain activi- 24 ties or uses on private lands outside of the National 25 Monument may have some impact upon the National April 12, 2000 (11:18 AM) F:\V8\041200\041200.054 { G! F:\M6\HANSEN\HANSEN.078 H.L.C. 3 1 Monument, and Congress does not intend, directly 2 or indirectly, that additional regulations be imposed 3 on such uses or activities as long as they are con- 4 sistent with other applicable law. 5 (7) The Bureau of Land Management and the 6 Forest Service should work cooperatively in the man- 7 agement of the National Monument. 8 (b) ESTABLISHMENT AND PURPOSES. —In order to 9 preserve the nationally significant biological, cultural, rec- 10 rational, geological, educational, and scientific values 11 found in the Santa Rosa and San Jacinto Mountains and 12 to secure now and for future generations the opportunity 13 to experience and er&y the magnificent vistas, wildlife, 14 land forms, and natural and cultural resources in these 15 mountains and to recreate therein, there is hereby des- 16 ignated the Santa Rosa and San Jacinto Mountains Na- 17 tional Monument (in this Act referred to as the "National 18 Monument") . 19 (c) BOUNDARIES. —The National Monument shall 20 consist of Federal lands and Federal interests in lands lo- 21 cated within the boundaries depicted on the map entitled 22 "Boundary Map, Santa Rosa and San Jacinto National 23 Monument", dated , 2000. 24 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER- 25 RORS.- 191 April 12, 2000 (11:18 AM) F:\V6041200041200.054 17 F:\M6\HANSEN\HANSEN.078 H.L.C. 4 1 (1) PREPARATION AND SUBMISSION. —As Soon 2 as practicable after the date of the enactment of this 3 Act, the Secretary of the Interior shall use the map 4 referred to in subsection (c) to prepare legal descrip- 5 tions of the boundaries of the National Monument. 6 The Secretary shall submit the resulting legal de- 1 scriptions to the Committee on Resources and the 8 Committee on Agriculture of the house of Rep- 9 resentatives and to the Committee on Energy and 10 Natural Resources and the Committee on Agri- 11 culture, Nutrition, and Forestry of the Senate. 12 (2) LEGAL EFFECT. --The map and legal de- 13 scriptions of the National Monument shall have the 14 same force and effect as if included in this Act, ex- 15 cept that the Secretary of the Interior may correct 16 clerical and typographical errors in the map and 17 legal descriptions. The map shall be on file. and 18 available for public inspection in appropriate offices 19 of the Bureau of Land Management and the Forest 20 Service. 21 SEC. S. MANAGEMENT OF FEDERAL LANDS IN THE NA 22 TIONAL MONUMENT. 23 (a) BASIS OF MANAGEMENT. —The Secretary of the 24 Interior and the Secretary of Agriculture shall manage the 25 National Monument to protect the resources of the Na- April 12, 2000 (11:18 AM) F AV 6\0412001041200.054 18 F:\M6\HANSEN\HANSEN.078 5 H.L.C. 1 tional Monument, and shall allow only those uses of the 2 National Monument that further the purposes for the es- 3 tablishment of the National Monument, in accordance 4 with- 5 (1) this Act; 6 (2) the Federal Land Policy and Management 7 Act of 1976 (43 U.S.C. 1701 et seq.); 8 (3) the Forest and Rangeland Renewable Re- 9 sources Planning Act of 1974 (16 U.S.C. 1600 et 10 seq.) and section 14 of the National Forest Manage- 11 ment Act of 1976 (16 tJ.S.C. 472a); and 12 (4) other applicable provisions of law. 13 (b) ADMINISTRATION OF SUBSEQUENTLY ACQUIRED � 14 LANDS. —Lands or interests in lands within the bound- re 15 aries of the National Monument that are acquired by the 16 Bureau of Land Management after the date of the enact- 17 ment of this Act shall be managed by the Secretary of 18 the Interior. Lands or interests in lands within the bound- r`" , % le .40 19 aries of the National Monument that are acquired by the vf_ &Jfl 20 Forest Service after the date of enactment of this Act shall �y►� of ,% 21 be managed by the Secretary of AgricultureitAVAi-AlSty -4` ti Cep 22 (C) PROTECTION OF RESERVATION, STATE, AND PRI- V 23 VATE LANDS AND INTERESTS. —Nothing in the establish- 24 ment of the National Monument shall be construed as a£ 25 fecting any property rights of any Indian reservation, any April 12, 2000 (11:18 AM) F:\V610412001041200.054 F:\M6\HANSEN\HANSEN.078 6 H.L.C. 1 individually held trust lands, any other Indian allotments, 2 any lands or interests in lands held by the State of Cali- 3 forma, any political subdivision of the State of California, 4 any special district, or the Mount San Jacinto Winter 5 Park Authority, or any private property rights within the 6 boundaries of the National Monument. Establishment of 7 the National Monument shall not be construed to grant 8 the Secretary of the Interior or the Secretary of Agri- 9 culture any authority on or over non -Federal lands not 10 already provided by law. The authority of the Secretary 11 of the Interior and the Secretary of Agriculture under this 12 Act extends only to Federal lands and Federal interests 13 in lands included in the National Monument. 14 (d) EXISTING RIGHTS. —The management of the Na- 15 tional Monument shall be subject to valid existing rights. 16 (e) NO BUFFER ZONES AROUND NATIONAL MONU- 17 MENT.—Because the National Monument is established in? 18 a highly urbanized area, Congress does not intend- 19 (1) for the establishment of the National Monu- 20 ment to lead to the creation of express or implied � to 21 protective perimeters or buffer zones around the Na- 22 tional Monument; 23 (2) that an activity or use of and on private 24 lands up to the boundaries of the National Monu- 25 ment shall be precluded because of the monument April 12, 2000 (11:18 AM) r` F:\V8\041200\041200.054 �" F:\M6\HANSEN\HANSEN.078 H.L.C. 7 1 designation, if the activity or use is consistent with 2 other applicable law; and 3 (3) that an activity or use of and on private 4 lands, if the activity or use is consistent with other 5 applicable law, shall be directly or indirectly subject 6 to additional regulation because of the designation of 7 the National Monument. 8 (f) AIR AND WATER QUALITY. —Nothing in this Act 9 shall be construed to change standards governing air or 10 water quality outside of the designated area of the Na- I 1 tional Monument. .12 SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN. 13 (a) DEVELOPMENT REQUIRED.— . 14 (1) IN GENERAL. —Not later than 3 years after 15 of the date of enactment of this Act, the Secretary 16 of the Interior and the Secretary of Agriculture shall 17 complete a management plan for the conservation 18 and protection of the National Monument consistent 19 with the requirements of section 3(a). r 20 (2) MANAGEMENT PENDING COMPLETION.— (]t,,� r 21 Pending completion of the management plan for the 22 National Monument, the Secretaries shall manage 23 Federal lands and interests in lands within the Na- .24 tional Monument substantially consistent with cur- 25 rent uses occurring on such lands and under the r 19 April 12, 2000 (11:18 AID T1 F:\V6\041200\041200.054 ... F:\M6\HANSEN\HANSEN.078 H.L.C. 8 1 general guidelines and authorities of the e3dsting 2 management plans of the Forest Service and the 3 Bureau of Land Management for such lands, in a 4 manner consistent with other applicable Federal* law. 5 (3) RELATION TO OTHER AUTHORITIES.—Noth- 6 ing in this subsection shall preclude the Secretaries, 7 during, the preparation of the management plan, 8 from implementing subsections (b) and 0) of section 9 5. Nothing in this section shall be construed to di- 10 minish or alter existing authorities applicable to 11 Federal lands included in the National Monument. 12 (b) CONSULTATION AND COOPERATION.— 13 (1) IN GENERAL. —The Secretaries shall pre- 14 pare and implement the management. plan required 15 by subsection (a) in accordance with' the National 16 Environmental Policy Act of 1969 (42 U.S.C. 4321 17 et seq.) and in consultation with the local advisory 18 committee established pursuant to section 7 and, to 19 the extent practicable, interested owners of private 20 property and holders of valid existing rights located 21 within the boundaries of the National Monument. 22 Such consultation shall be on a periodic and regular 23 basis. 24 (2) A(IUA CALIENTE BAND OF CAHUILLA INDI- 25 ANs.—The Secretaries shall make a special effort to A`aj U April 12, 2000 (11:18 AM) F.\V61041200\041200.054 r22 2 F:\M6\HANSEN\HANSEN.078 H.L.C. 1 consult with representatives of the Agua Caliente 2 Band of Cahuilla Indians regarding the management 3 plan during the preparation and implementation of 4 the plan. 5 (3) WINTER PARK AUTHORITY. —The manage- 6 ment plan shall consider the mission of the Mount 7 San Jacinto Winter Park Authority to make acces- 8 sible to current and future generations the natural. 9 and recreational treasures of the Mount San Jacinto 10 State Park and the National Monument. Establish- 11 ment and management of the National Monument 12 shall not be construed to interfere with the mission 13 or powers of the Mount San Jacinto Winter Park 14 Authority, as provided for in the Mount San Jacinto 15 Winter Park Authority Act of the State of Cali- 16 forma. 17 (C) COOPERATIVE AGREEMENTS.-- 18 (1) GENERAL AUTHORITY. —Consistent with the 19 management plan and existing authorities, the Sec- 20 retaries may enter into cooperative agreements and 21 shared management arrangements, which. may in- 22 elude special use permits with any person, including 23 the Agua Caliente Band of Cahuilla Indians, for the 24. purposes of management, interpretation, and re- 19 April 12, 2000 (11:18 AM) r1 rl 6-0 F:\V6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 10 H.L.C. 1 search and education regarding the resources of the 2 National Monument. 3 (2) USE OF CERTAIN LANDS BY UNIVERSITY OF 4 CALIFORNIA.—In the case of any agreement with the 5 University of California in existence as of the date 6 of enactment of this Act - relating to the University's 7 use of certain Federal land within the National 8 Monument, the Secretaries shall, 'consistent with the 9 management plan and. existing authorities, either re- 10 vise the agreement or enter into a new agreement as 11 may be necessary to ensure its consistency with this 12 Act and to ensure the continuation of the Univer- 13 sity's research and educational activities within the 14 National Monument. 15 SEC. b. EXISTING AND HISTORICAL USES OF FEDERAL 16 LANDS INCLUDED IN MONUMENT.. 17 (a) RECREATIONAL ACTIVITIES GENERALLY. —The 18 management plan required by section 4(a) shall include 19 provisions to continue to authorize the recreational use of 20 the National Monument, including such recreational uses 21 as hiking, camping, mountain biking, sightseeing, and 22 horseback riding, as long as such recreational use is con- 23 sistent with this Act and other applicable law. 24 (b) MOTORIZED VEHICLES. --Except where or when 25 needed for administrative purposes or to respond to an 19n Apol 12, 2000 (11:18 AM) F:W6041200W41200.064 24 F:\M6\HANSEN\HANSEN.078 H.L.C. 11 1 emergency, use of motorized vehicles in the National 2 Monument shall be permitted only on roads and trails des- 3 ignated for use of motorized vehicles as part of the man- 4 agement plan. 5 (c) HUNTING, TRAPPING, AND FISHING.- 6 (1) IN GENERAL. —Except as provided in para- 7 graph (2), the Secretary of the Interior and the Sec- 8 retary of Agriculture shall permit hunting, trapping, 9 and fishing within the National Monument in ac- 10 cordance with applicable laws (including regulations) 11 of the United States and the State of California. 12 .. (2) REGULATIONS. --The Secretaries, after con- 13 sultation with the California Department of Fish 14 and Game, may issue regulations designating zones 15 where, and establishing periods when, no hunting, 16 trapping, or fishing will be permitted in the National 17 Monument for reasons of public safety, administra- 18 tion, or public use and enjoyment. 19 (d) ACCESS TO STATE AND PRIVATE LANDS. —The 20 Secretaries shall provide adequate access .to nonfederally c 21 owned land or interests in land within the boundaries of� 22 the National Monument, which will provide the owner of 23 the land or the holder of the interest the reasonable use 24 and enjoyment of the land or interest, as the case may 25 be. 193 April 12, 2000 (11:1a AM) J F:\V60412001041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 12 1 (e) UTILITIES. —Nothing in this Act shall have the 2 effect of terminating any valid existing right-of-way within 3 the Monument. The management plan prepared for the 4 National Monument shall address the need for and, as 5 necessary, establish plans for the. installation, construc- 6 tion, and maintenance of public utility rights -of -way with- 7 in the National Monument outside of designated wilder- 8 ness areas. 9 (f) WATER RIGHTS.- 10 (1) NO RESERVATION OF WATER. —Nothing in 11 this Act, the management plan prepared for the .Na- 12 tional Monument, or any action taken pursuant to 13 this Act or the management plan shall constitute ei- 14 ther an express or implied reservation of surface or 15 ground water. 16 (2) APPROPRIATION OR ADJUDICATION.—Noth- 17 ing in this Act shall prohibit the appropriation and 18 adjudication of water rights pursuant to the proce- 19 dural requirements and laws of the State of Cali- 20 forma as necessary to protect the purposes of the 21 National Monument. 22 23 24 25 April 12, 2000 (11:18 AM) F:\V6\041200\041200.054 (3) EFFECT ON VESTED OR DECREED RIGHTS. —Nothing in this Act shall affect any vested oajj absolute or decreed water rights in existence before, on, or after the date of the enactment of this Act, F:\M6\HANSEN\HANSEN.078 H.L.C. 13 1 including any water. rights held by the United 2 States. 3 (g) MAINTENANCE OF ROADS, TRAILS, AND STRUC- 4 TURES.—In the development of the management plan re- 5 quired by section 4(a), the Secretaries shall address the 6 maintenance of roadways, jeep trails, and paths located 7 in the National Monument. 8 (h) GRAzING.—The Secretaries shall issue and Ad- 9 minister any grazing leases or permits in the National 10 Monument in accordance with the same laws (including 11 regulations) and executive orders followed by the Secre- 12 taries in issuing and administering grazing leases and per- 13 mits on other land under the jurisdiction of the Secre- 14 taries. 15 (i) OVERFLIGHTS. -Nothing in this 16 Act or the management plan prepared for 17 the National Monument shall be construed 18 to restrict or preclude overflights, including 0 0 elf 19 low-level overflights, over lands in the Na- (-0 r ' 20 tional Monument, including military and 0,3. 21 general aviation overflights, that can be 22 seen or heard within the National Monu- 23 ment. Nothing in this Act or the manage- 24 ment plan shall be construed to restrict or 25 preclude the designation or creation of new . 2�1 April 12, 2000 (11:18 AM) I F.W6\041200\041200.054 F:\M6\HANSEN\HANSEN.078 H.L.C. 14 1 units of special use airspace or the estab- 2 lishment of military flight training routes 3 over the National Monument. However, 4 commercial low-level overflights which did 5 not exist as of February 16, 2000, are pro- 6 hibited. 7 0) WITHDI;AwALs.—Subject to valid existing rights 8 as provided in section 3(d), the Federal lands and inter- 9 ests in lands included within the National Monument are 10 hereby withdrawn from all forms of entry, appropriation, 11 or disposal under the public land laws, other than by ex- 12 change, that further the protective purposes of the Na- 13 tional Monument or as provided in section 6(e), from loca- 14 tion, entry, and patent under the public land mining laws, 15 and from disposition under all laws pertaining to mineral 16 and geothermal leasing, and mineral materials. 17 SEC..6. ACQUISITION OF LAND. 18 (a) ACQUISITION AUTHORIZED; METHODS. —State, 19 local government, tribal, and privately held land or inter- 20 ests in land within the boundaries of the National Monu- 21 ment may be acquired for management as part of the Na- . 22 tional Monument only by- 23 (1) donation; 24 (2) purchase from a willing seller; or 25, (3) exchange with a willing party. April 12, 2000 (11:18 AM) F.\V6\041200\041200.054 C! F:\M6\HANSEN\HANSEN,078 A.L.C. 15 1 (b) USE OF EASEMENTS. —To the extent practicable, 2 and if preferred by a willing seller, the Secretary of the 3 Interior and the Secretary of Agriculture shall use con- 4 servation easements to acquire interests in land in the Na- 5 tional Monument in lieu of acquiring land in fee simple 6 and thereby removing land from non -Federal ownership. 7 (c) VALUATION OF PRIVATE PROPERTY. —The 8 United States shall offer the fair market value for any 9 interests or partial interests in land acquired under this 10 section. 11 (d) INCORPORATION OF ACQUIRED LANDS AND *IN- 12 TERESTS.—.Any land or interest in lands within the 13 boundaries of the National Monument that is acquired by 14 the United States after the date of the enactment of this 15 Act shall be added to and administered as part of the Na- 16 tional Monument as provided in section 3(b). 17 (e) LAND EXCHANGE AUTHORIZATION. —In order to 18 support the cooperative management agreement in effect 19 with the Agua Caliente Band of Cahuilla Indians as of 20 the date of the enactment of this Act, the Secretary of 21 the Interior may, without further authorization by law, ex- 22 change lands which the Bureau of Land Management has 23 acquired using amounts provided under the Land and 24 Water Conservation Fund Act of 1965 (16 U.S.C. 4601- 25 4 et seq.), with the Agua Caliente Band of Cahuilla Indi- 20 April 12, 2000 (11:18 AM) F:\V 6W 41200W 41200.054 j FAM6\HANSEN\HANSEN.078 H.L.C. 16 1 ans. Any such land exchange may include the exchange 2 of federally owned property within or outside of the bound- 3 aries of the National Monument for property owned by 4 the Agua Caliente Band of Cahuilla Indians within or out- 5 side of the boundaries of the National Monument. The ex- 6 changed lands acquired by the Secretary within the bound- 7 aries of the National Monument shall be managed for the 8 purposes described in section 2(b). 9 SEC. 7. LOCAL AwisoRY comet m 10 (a) ESTABLISHMENT. —The Secretary of the Interior 11 And the Secretary of Agriculture shall jointly establish an 12 advisory committee for the National Monument, whose 13 purpose shall be to advise the Secretaries with respect to 14 the preparation and implementation of the management 15 plan required by section 4. 16 (b) REPRESENTATION. —To -the extent practicable, 17 the advisory committee shall include the following mem- 18 bers: 19 (1) A representative with expertise in natural jqeJkS 20 science and research selected from a regional college 21 or university. 22 (2) A representative of the California Depart- 23 ment of Fish and Game or the California Depart- 24 ment of Parks and Recreation. 2®11 April 12, 2000 (11:18 AM) FAW04120=41200.054 `� • F:\M6\HANSEN\HANSEN.078 H.L.C. 17 1 (3) A representative of the County of Riverside, 2 California. 3 (4) A representative of each of the following cit- 4 ies: Palm Springs, Cathedral City, Rancho Mirage, 5 La Quinta, Palm Desert, and Indian Wells. 6 (5) A representative of the Agua Cahente Band 7 of Cahuilla Indians. 8 (6) A representative of the Coachella Valley . 9 Mountains Conservancy. 10 (7) A representative of the local Sierra Club or, 11 if no such representative is available, another recog- 12 nized conservation organization. 13 (8) A representative of the Building Industry 14 Association. 15 (9) A representative of the Winter Park Au- 16 thority. 17 (10) A representative of the Pinyon Community 18 Council. 19 (c) TERMS.- 20 (1) STAGGERED TERMS. —Members of the advi- 21 sory committee shall be appointed for terms of 3 22 years, except that, of the members first appointed, 23 1/3 of the members shall be appointed for a term of 24 1 year and 1/3 of the members shall be appointed for 25 a term of 2 years. April 12, 2000 (11:18 AI) F:\V6W 41200W 41200.054 ��m � 4'K' V 31 F:\M6\HANSEN\HANSEN.078 Im A.L.C. 1 (2) REAPPOINTMENT. —A member may be re- 2 appointed to serve on the advisory committee upon 3 the expiration of the member's current term. 4 (3) VACANCY. —A vacancy on the advisory com- 5 mittee shall be filled in the same manner as the 6 original appointment. 7 (d) QUORUM. —A quorum shall be 8 members of the 8 advisory committee. The operations of the advisory com- 9 mittee shall not be impaired by the fact that a member 10 has not yet been appointed as long as a quorum has been 11 attained. 12 (e) CHAIRPERSON AND PROCEDURES. —The advisory 13 committee shall elect a chairperson and establish such 14 rules and procedures as it deems necessary or desirable. 15 (f) SERVICE WITHOUT COMPENSATION. —Members 16 of the advisory committee shall serve without pay. 17 (g) TERMINATION. —The advisory committee shall 18 cease to exist on the date upon which the management 19 plan is officially adopted by the Secretaries, or later at 20 the discretion of the Secretaries. 21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 22 There are authorized to be appropriated such suns 23 as are necessary to carry out this Act. U April 12, 2000 (11:18 AM) 32 F:\V60412001041200.054 Bill Summary & Status Page 1 of 2 Bill Summary & Status for the 106th Congress NEW SEARCH I HOME I HELP .R 33 7 Sponsor: Rep Bono, Mary (introduced 2/16/2000) Latest Major Action: 4/13/2000 House committee/subcommittee actions Title: To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. Jump to: TiLtles, Status, Committees, Re ated Bill Detai s, Amen mts, Cosponsors, Summary TI LE( ): (italics indicate a tit a or a portion of a bill) . SHORT TITLES) AS INTRODUCED: Santa Rosa and San Jacinto Mountains National Monument Act of 2000 . OFFICIAL TITLE AS INTRODUCED: To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. 'STATUS: (color indicates Senate actions 2/16/2000: Referred to the House Committee on Resources. 2/22/2000: Referred to the Subcommittee on National Parks and Public Lands. 3/16/2000: Subcommittee Hearings Held. 4/13/2000: Subcommittee Consideration and Mark-up Session Held. 4/13/2000: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote. 2/22/2000: Referred to the Subcommittee on Forests and Forest Health. 2/22/2000: Executive Comment Requested from Interior. OMMI T E(S): Committee/Subcommittee: Activity: House Resources Referral Subcommittee on National Parks and Referral, Reporting Public Lands Subcommittee on Forests and Forest Referral Health http://thomas.loc.gov/cgi-bin/bdquery/z?dIO6:H...:@@@L&summ2=m 04/27/2000 33 Bill Summary & Status Page 2 of 2 RELATED BILL DETAILS: ***NONE*** A ENDMENT( ): ***NONE*** C S R( ): ***NONE*** MOST 2/ 16/2000--Introduced. Santa Rosa and San Jacinto Mountains National Monument Act of 2000 - Designates the Santa Rosa and San Jacinto Mountains National Monument in southern California, to be managed jointly by the Secretaries of the Interior and of Agriculture. Provides that nothing in the establishment of the Monument shall be construed as: (1) affecting Indian Reservations, individually held trust lands; Indian allotments, lands or interests in lands held by the State of California or its political subdivision, a special district, or the Mount San Jacinto Winter Park Authority, or private property rights within the Monuments boundaries; nor (2) granting the Secretaries authority on or over non -Federal lands not already provided by law. Requires the Secretaries to prepare a management plan for the conservation and protection of the Monument. Provides for the continued use by the University of California of certain Federal lands within the Monument (including other specified existing and historical uses). Authorizes the Secretary of the Interior, without further authorization by law, to exchange lands with the Agua Caliente Band of Cahuilla Indians for purposes of this Act. Requires the Secretaries to jointly establish an advisory committee for the Monument to advise them with respect to the preparation and implementation of the management plan. Authorizes appropriations. http://thomas.loc.gov/cgi-bin/bdquery/z?dl06:H...:@@@L&summ2=m 04/27/2000 420 p). 44 34 FILE COPYTity/ 4 ATTACHMENTq3 AGENDA CATEGORY: BUSINESS SESSION: COUNCILJRDA MEETING DATE: April 4, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation As deemed .appropriate by the City Council. IIIIII 1h • ► None. None. Per Council direction at the meeting of March 7, 2,000 (Attachment 1), Ms. Linda Valter, or Mr. Frank Cullen from Congresswoman Bono's Office will be present to answer any questions the Council may have. In addition, a written communication from the Coachella Valley Mountains Conservancy (Attachment 2) dated March 27, 2000, has been received and included as Attachment 2. A member of their staff will also be present to address the City Council. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries ,20 as modified; or 35 tj C:\My Documents\WPDOCS\ccjh-Monument.wpd 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully submitted,, -ry HerTan mmunity Development Director Approved for submission by, l Thomas P. Genovese, City Manager Attachment: 1. City Council Staff Report and Minutes of March 7, 2000 2. Coachella Valley Mountains Conservancy memo dated March 27, 2000 CAMy Documents\WPDOCS\ccjh-Monument.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT .WHEREAS Congresswoman Mary Bono has introduced HR 3676, a Bill establishing the Santa Rosa and San Jacinto Mountains National Monument Act of 2000; and, WHEREAS, the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 will encompass portions of Municipal boundaries of the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, does hereby recognize the importance of protecting this magnificent and unique resource and supports HR 3676 which establishes the Santa Rosa and San Jacinto Mountains National Monument, and the boundaries around the City of La Quinta illustrated on the attached Map (Exhibit "A"), which shall be utilized to create the boundaries of the Monument in order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 41h day of April, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California CAMy Documents\WPDOCS\ResoCC National Monument.wpd �i City Council Resolution 2000- National Monument ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California C:\My Documents\WPDOCS\ResoCC National Monument.wpd 38 h! A `►ti. � ee �� .��►.1�� 4�a, .1 ��il6'z�lia ''r1 pp``,,77yyrr}} yy i�3l�3��!l�4t�� fir':• 1 .� ' =.'. l � �lElili3�liEsi�s �) ��3L1i1��l�33i1: 'a .n R4dilCliiZ'l �� ! 101411-19-1 Ell PCHO 1 lC v y f�'•,}� .� 7 9 VI f ATTACH M ENT 1 City Council Minutes 15 March 7, 2000 / S. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. Community Development Director Herman presented the staff report and stated the latest revisions to the legislation introduced on February 16, 2000, by Congresswoman Mary Bono as HR 3676 are contained in the staff report. After a brief discussion Council concurred they were not prepared to adopt a resolution of support at this time. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of support of the proposed National Monument designation to April 4, 2000, and direct staff to contact Congresswoman Bono's office 'to request a member of her staff who is familiar with the legislation to attend the April 4 meeting to address the Council's questions and concerns. Motion carried unanimously. MINUTE ORDER NO. 2000-49. S. ONSIDERATION OF A REQUEST TO WAIVE THE REQUIREMENT FOR UlqiqERGROUND ELECTRIC SERVICE WIRES AT 51-640 AVENIDA VELASCO. Comm\byMr. ent Director Herman presented the staff report outlining the reqad Roy. Councif questioned the frequency of this type of request. Buildinctor Hartung.stated a limited number of these requests have bit only two having been presented to the Council. Mayor Pena.wished to see this pe of request handled by.staff administratively, to which Mr. Hartung respondeldthat it would require an amendment to the ordinance. MOTION - It was moved by Council Me ers Sniff/Henderson to approve the request of Mr. Brad Roy to waive the r uirement of undergrounding the electrical conductors at 51-640 Avenida Vel co, which he claims would be unreasonable, impractical, and cause undue hards ' , and direct staff to prepare an ordinance amendment for Council's consideration allow staff discretionary authority to approve waivers of this type. Motio carried unanimously. MINUTE ORDER NO. 2000-50. T-d4t 4 4a" FILE COPY COUNCIL/RDA MEETING DATE: March 7, 2000 ITEM TITLE: Continued Consideration of a Resolution in Support of the Proposed National Monument Designation As'deemed appropriate by the City Council. _ None. None. AGENDA CATEGORY: BUSINESS SESSION: 9 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: This matter was continued by the City Council on January 18, 2000 to March 7, 2000. As staff received new draft legislation prior to the March 7`h Council meeting, the matter was scheduled for the Council meeting of February 15t''. At that meeting, the City Council directed staff to monitor and review the Bill and return it to Council after it was introduced (Attachment 1). The legislation was introduced on February 16, 2000, by Congresswoman Mary Bono, as HR 3676 (Attachment 2). Staff has reviewed HR 3676 and provides the following information: 1. The Bill states, "This Act is not intended to impact upon existing or future growth of the Coachella Valley." (Section 2(5)(a)). 2. The Bill refers to a National Monument Boundary Map yet to be prepared. 3. The 'No Buffer Zone" subsection is still contained in the Bill (Section 3 (e)). CWy DocumentslWPDOCSIccjh-Monument.wpd 21 4 `' 4. The following words were inserted in the legislation that did not exist in the previous draft: '...and shall allow only those uses of the- National Monument that further the purposes for the establishment of the National Monument,...". This wording is very broad and could allow unintended restrictions and regulations in the future and is inconsistent with Section 5 which covers, in detail, the uses of Federal lands included in the Monument (Section 3(a)). 5. A new subsection is included specifically adding language requiring the Secretaries of the Interior and Agricultural to consult with the Ague Caliente Band of Cahuilla Indians regarding the preparation and implementation of the Management Plan (Section 4(2)). 6. The interim period between the time the National Monument is created and the completion of a Management Plan requires the Secretaries to manage the lands in a manner substantially consistent with the current uses occurring at the date of the Act (Section 4(c)). 7. Motorized travel was eliminated for recreational uses in the Monument and a new clarification of when motorized travel would be permitted has been included (Section 5 (a)(b)). 8. The requirement to pay the "fair market value" to a seller was changed to offer the "fair market value" for acquisition of lands (Section 6(c)). 9. The Land Exchange Authorization was clarified to permit the. exchange of federally owned property within or outside of the Monument for property owned by the Agua Caliente Band of Cahuilla Indians within or outside of the boundaries (Section 6(e)). 10. A new Section 8 was added authorizing the appropriation of money to cant' out the Act. Staff has prepared the attached draft Resolution in support of the HR 3676 for Council consideration. Should the City Council recommend any wording changes, these should be identified in the final Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 2. Adopt a Resolution of the City Council approving the legislation and boundaries as modified; or . zip CAMy Documents\WPDOCS%ccjh-Monument.wpd � 3. Do not adopt a Resolution of the City Council approving the legislation and boundaries as prepared; or 4. Provide staff with alternative direction. Respectfully submitted, d. Herman iunity Development Director Approved for submission by Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes of February 15, 2000 2. HR 3676 Legislation CAMy DocumentslWPDOCS%ccjh-Monument.wpd 4 l ATTACHMENT 1 City Council Minutes 7 February 15, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QLPWA, CALIFORNIA, PRELIMINARILY ADOPTING, CONFIRMING, AND APP OVING THE ENGINEER'S REPORT, AND APPOINTING THE TIME AND,&CACE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROP SED SESSMENT DISTRICT NO. 2000-01 (PHASE VI IMPROVEMENTS) It was moved by Council Members Hende Sniff t solution 2000-09 as amended (removing second p raph ced T! Motion carried unanimously. MOTION - It was moved by Council Me dolph to approve the plans and specifications and to authonz aff hase VI Improvements project. Mr. Vogt confirmed fl4elapproval Bottlebrush/Saguarro area and nW 1� 2. CONTINUED CONS LALNTA M ENT D Col legi the Myor.Pena sL submitted the Council concffl-fed. iration in the Ho area. - ATIO . * F KS REQUEST THAT THE CITY OF ITS . 41 ON THE PROPOSED NATIONAL ION. I ie irector Herman reported the February 9 draft report addresses the City's concern regarding pr ad National Monument. eking no action until Congresswoman Bono's Office has uage. to Council Member Adolph, Mr. Herman advised the intent is for regulations to take precedence over the National Monument. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to continue monitoring the progress of the proposed National Monument legislation and agendize it for Council's consideration once the legislation is submitted.: Motion carried unanimously. MINUTE ORDER NO. 2000-31. �a 106TH CONGRESS H. R.3676 2D SESSIONHor To establish the Banta Ross and San Jacinto Monnum National Moment in the State of California. IN THE HOUR OF REPRESENTATIVES — FttttttoAW 16, 2000 ` Mrs. BONG introduced the following bill,, which was refaced to the Committee on Resources A BILL To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. 1 - Be it enacted by the Senate and House of RVresenta- 2 tives of the United States of America in Cons assembI4 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE —This Act may be rated as the 5 "Santa Rosa and San Jacinto Mountains National Monu- 6 ment Act of 2000". 7 (b) TABLE OF CONTENTS —The table of contents of 8 this Act is as follows: sec. 1. short title table of ncetekta. Sm. 2. Establishment of Santa Rolm and San Jacinto Mountains Natioal Momment, CaMmia. See. S. Management of Federal Imis in the NadwW Monument. See. 4. Development of nmwgement plan. ATTACHMENT 2 _ 21� 4 "� 2 Sw- 5. bdsti and hWmieW u a of Federal hn& included in Monument Sec. 6. Aagdddon of had. see. 7. 1AW advimy eommium Soo. S. AndwrWdim of appmpriadons. l SEC. S. ESTABLISiin1�:N'I' OF SAWA ROSA AND SAN 2 JACENTO MOUNTAMS NATIONAL MONUMENT, 3 CALUFORMA. 4 (a) Fnmms.—Congress finds the following. 5 (1) The Santa Rosa and San Jacinto Mann- 6 twins in southern California contain nationally sig 7 nificant biological, cultural, recreational, geological, 8 educational, and scientific values. 9 (2) The magnificent vistas, wildlife, landforms, 10 and natural and cultural resources of these moun- 11 twins occupy a unique and challenging position given 12 their proximity to highly urbanized areas of the 13 Coachella Valley. 14 (3) These mountains, which rise abruptly from 15 the desert floor to an elevation of 10,802 feet, pro- 16 vide a picturesque backdrop for Coachella Valley 17 communities and support an abundance of me- 18 reational opportunities that are an important re- 19 gional economic resource. 20 (4) These mountains have special cultural value 21 to the Agua Caliente Band of Cahuilla Indians, con- 22 taining significant cultural sites, including village elm Nile M 2 rj n •.. U 40 3 1 sites, trails, petroglyphs, and other evidence of their 2 habitation. 3 (5) This Act is not intended to impact upon ex- 4 isting or future growth in the Coachella Valley. 5 (b) ESTABLISMONT AND PURPOSES. --In order to 6 preserve the nationally significant biological, cultural, rec- 7 reational, geological, educational, and scientific values 8 found in the Santa Rosa and San Jacinto Mountains and 9 to secure for future generations the opportunity to ezperi- 10 ence the magnificent vistas, wildlife, landforms, and nat- 11 Ural and cultural resources in these mountains, there is 12 hereby designated the Santa Rosa and San Jacinto Moun- 13 tains National Monument (in this Act referred to as the 14 "National Monument"). 15 (c) BOUNDARIES —The National Monument shall 16 consist of Federal lands and Federal interests in lands lo- 17 cated within the boundaries depicted on the map entitled 18 "Boundary Map, Santa Rosa and San Jacinto National 19 Monument", dated 2000. 20 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER- 21 ROBS— 22 (1) PREPARATION AND SUBMISSION: AS soon 23 as practicable after the date of the enactment of this 24 • Act, the Secretary,- of the Interior shall use the map 25 referred to in subsection (c) to prepare legal descrip- •mz WO M 4 1 tions of the boundaries of the National Monument. 2 The Secretary shall submit the resulting legal de- 3 scriptions to the Committee on Resources and the 4 Committee on Agriculture of the House of Rep- 5 resentatives and. to the Committee on Energy and 6 Natural Resources and the Committee on Agri- 7 culture, Nutrition, and Forestry of the Senate. 8 (2) LEG&L EFFECT. —The map and legal de- .9 scriptions of the National Monumenf shall have the 10 same force and effect as -if included in this Act, ex 11 cept that the Secretary of the Interior may correct 12 clerical and typographical errors in the map and 13 legal descriptions. The map shall be on Me and 14 available for public inspection in appropriate offices 15 of the Bureau of Land Management and the Forest 16 Service. 17 SEC. s. MANAGE ENT of FEDERAL LANDS IN THE NA. 18 . TIONAL MONUMENT. 19 (a) BASIS OF MANAGEMENT. —The Secretary of the 20 Interior and the Secretary of Agriculture shall manage the 21 National Monument to protect the resources of the Na- 22 tional Monument, and shall allow only those uses of the 23 National Monument that further the purposes for the es- 24 tablishment of the National Monument, in accordance 25 with-- .= =74 M 50 rJ 1 (1) this Act; 2 (2) the Federal Land Policy and Management 3 Act of 1976 (43 U.S.C. 1701 et seq.); 4 (3) the Forest and Rangeland Renewable Re- 5 sources Planning Act of 1974; and 6 (4) other applicable provisions of law. 7 (b) DIVISION OF MANAGEMENT RESPONSM[ r 8 ITIEs.-- ` 9 ..(1) ROLE OF SECRETARY OF IM I4T=OR.-- 10 Federal lands and Federal interests in lands within 11 the National Monument that, as of the date of the 12 enactment of this Act, are administered by the Bu- 13 man of Land Management shall continue to be man- 14 aged by the Secretary of the Interior, acting th?eugh 15 the • Bureau of Land Management. Lands or inter- . 16 ests in lands within the National Monument bound- 17 aries that are acquired after the date of the enact- a, 18 ment of this Act, and shut lands administered by '— SNrrow•�cJ? �''1iO 19 the Bureau of Land Management, shall also be man- 20 aged by the Secretary of the Interior. 21 (2) ROLE OF SECRETARY OF AGRICULTURE.-- 22 Federal lands and Federal interests in lands within 23 the National Monument that, as of the date of the 24 enactment of this Act, are included in the. National 25 Forest System shall continue to be managed by the 51. 6 1 Secretary of Agriculture, acting through the Forest 2 Service. Lands or interests in lands within the Na- 3 tional Monument boundaries that are acquired after 4 the date of the enactment of this Act, and abut 5 lands administered by the Forest Service, shall also 6 be managed by the Secretary of Agriculture. 7 (3) ADbIINISTRmw OF CERTAIN ACQUIRW 8 LANDs.—If it is unclear whether paragraph (1) or 9 (2) applies to lands or an interest in lands acquired' 10 after the date of the enactment of this Act, the Sec- I1 retary of Agriculture and the Secretary of the Inte- 12 rior shall determine which Secretary shall be respon- 13 sible for the administration of the lands or interest 14 (c) PROTECTION OF RESERVATION, STATE, AND PM- 15 VATE LANDS AND INTERESTS.,Nothing in the establish- 16 meat of the National Monument shall be construed as af- 17 fecting any Indian Reservation, any individually held trust 18 lands, any other Indian allotments, any lands or interests 19 in lands held by the State of California, a political subdivi- 20 sion of the State of California, a special district, or the 21 Mount San Jacinto Winter Park Authority, or any private rights �vit,in the hnL711flATIPC of theNations 22 pmpP_rtr righ- boundaries 23 Monument.. Establishment of the National Monument 24 shall not be construed to grant the Secretary of the Inte- 25 rior or the Secretary of Agriculture any authority on or •an =79 M � Sur r� yj�- n&W .n.rAjj C�affirrl 7 1 over non -Federal lands not already provided by law. The 2 authority of the Secretary of the Interior and the See- 3 retary of Agriculture under this Act extends only to Fed- 4 eral lands and Federal interests in lands included in the 5 National Monument. 6 (d) Exmi G RIGHTS. The management of the Na- 7 tional Monument shall be subject to valid eristing rights. 8 (e) No Box ZoNn ARovND NAnoxAL MoNu- " 9 m n —The Congress does not intend for -the designation 10 of the National Monument to lead to the creation of ex - II press or implied protective perimeters or buffer zones, 12 whether located within or outside of the boundaries of the 13 National Monument. The fact that aefMties or uses of 14 land outside of the National Monument, which are con- 15 sistent with other applicable laws, can be seen, heard, or 16 smelled from land within the National Monument shall not 17 preclude such activities or uses up to the boundaries of 18 the National Monument. The Secretary of the Interior and 19 the Secretary of Agriculture may not use the existence of 20 the. National Monument to require a person or entity to 21 undertake or implement any exactions or mitigation meas- 22 ores to reduce the effect of such activities or uses so Ions 23 as such acth ities or uses are consistent with other applica- 24 ble law. Nothing in this Act shall be construed to change .1MU74W 7�)r 1 1 1 1 1 1 1 1 l 1 2 2 2 2 2 8 1 standards governing air or water quality outside of the 2 designated area of the National Monument. 3 SEC. 4. DEVEMPNIM OF MANAGEMENT PLAN. 4 (a) DEvELoPMENT REQum --The Secretary of 5 the Interior and the Secretary of Agriculture shall prepare 6 a management plan for the conservation and protection 7 of the National Monument consistent with the require- 8 ments of section 3(a). 9 (b) CONSULTATION AND COOPERATWN.- 0 (1) IN GENERAL. —The Secretaries shallpre- 1 pare and implement the management plan required 2 by subsection (a) in accordance with the National 3 Environmental Policy Act of 1969 (42 U.S.C. _ 4321. 4 et sea,) and in consultation with the local advisory 5 committee established pursuant to section 7 and, to 6 the oknt nracticable, interested owners of private 7 property and holders of valid existing rights located 8 within the boundaries of the National Monument. 9 Such consultation shall be on a periodic and regular 0 basis. 1 (2) AGuA CALIENTE BAND OF CAHUILLA INDI- 2 ANS.—The Secretaries shall make a special effort to 3 consult with representatives of the Agua Caliente 4 Band of Cahuilla Indians regarding the management OUR rive M 54 9 1 plan during the preparation and implementation of 2 the plan. 3 (3) WINTER PAm AuTmRm.—The manage- 4 meet plan shall consider the mission of the Mount 5 San Jacinto Winter Park Authority to make acres- 6 sible to current and future generations the natural 7 and recreational treasures of the Mount San Jacinto 8 State Park and the National Monument. Establish- - 9 ment and management of the National Monument 10 shall not be construed to interfere with the mission 11 or powers of the Mount San Jacinto Winter Park 12 Authority, as provided for in the Mount San Jacinto 13 Winter Park Authority Act of the (State of Cali- 14 forma. 15 (c) INTERIM MANAGEMENT.— Pending completion of 16 the management plan required by subsection (a), the Sec- 17 retaries shall manage Federal lands and interests in lands 18 within the National Monument in a manner substantialh► D 19 consistent with the current uses occurring on such lands �f 20 w of the date of the enactment of this Act. 21 (d) COMPLETION; REt' sm.—The Secretaries shall 22 complete the management plan required by subsection (a) 23 within three years after the date of the enactment of this 24 Act. The Secretaries may revise the management plan 25 thereafter as necessary, following consultation with rep - elm "" zs 55 10 1 resentatives of various governmental entities and other 2 groups listed in subsection (b). 3 (e) COOPERATIVE AGREEMENTS.- 4 (1) GENERAL AUTHORiTi.---Consistent wit��he 5 management plan and eidsting authorities, the See- 6 retaries may enter into cooperative agreements and 7 shared management arrangements, which may in- s elude special use permits, with any person, ink 9 the Aaua Caliente Band of Calmiilla—Indians, for the 10 purposes of management, interpretation; and re- 11 search regarding the resources of the National 12 Monument. 13 (2) USE OF CERTAIN LANDs BY UNIVERSITT OF 14 CALIFORNIA In the case of any agreement with the 15 University of California in existence as of the enact- 16 ment of this Act relating to the University's use of 17 certain Federal land within the National Monument, 18 the Secretary of the Interior shall, consistent with 19 the management plan and existing authorities, either 20 revise the agreement as may be necessary to ensure 21 its consistency with this Act or enter into a new 22 agreement to ensure the continuation of the Univer- 23 sity's and lands research and educational activities 24 within the National Monument. .IM Me IN 2 2.j v 56 11 I SEC. L EXISTING AND HISTORICAL USES OF FEDERAL 2 LANDS INCLUDED IN MON[ A NT. 3 (a) RECREATIONAL ACTIvrrlEs GENERALLY. —The 4 management plan required by section 4(a) shall include 5 provisions to continue to authorize the recreational use of 6 the National Monument, including such recreational uses 7 as hiking, camping, mountain biking, sightseeing, and 8 horseback riding, as long as such recreational use is eon- -" " 9 sistent with other applicable law. — 10 (b) MOTORIZED VEHICLES. —Except where or when 11 needed for administrative purposes or to respond to an 12. emergency, use of motorized vehicles in the National 13 Monument shall be permitted only on roads and trails des- 14 ignated for use of motorized vehicles as part of the man- 15 agement plan. 16 (e) HUNTING, TRAPPING, AND F'IswmN — 17 (1) IN GENERAL —Except as provided in para- 18 graph (2), the Secretary of the Interior and the Sec- 19 retary of Agriculture shall permit hunting, trapping, , 20 and fishing within the National Monument in ac- 21 cordance with applicable laws (including regulations) 22 of the United States and the State of California. 23 (2) RYGULATIONS.—The Secretaries, after eon- 24 sultation with the California Department of Fish 25 and Game, may issue regulations designating zones 26 where, and establishing periods when, no hunting, .im 3M IB 57 12 1 trapping, or fishing will be permitted in the National 2 Monument for reasons of public safety, administra- 3 tion, or public use and enjoyment. 4 (d) AccEss To STATE AND PwvATE 1wms.—The S Secretaries shall provide such access to nonfederally 6 owned land or interests in land within the boundaries of 7 the National Monument as may be necessary to provide 8 the owner of the land or holder of the interest the use 9 and enjoyment of the land or interest, consistent with the 1" 10 management plan. 11 (e) UTn nw.—Subject to valid existing rikhts_ 12 nothing in this Act or the management plan required by 13 section 4(a) shall be construed to inhibit or .curtail the 14 ability of Government agencies or public and private utility 15 companies to install, construct, and maintain public utili- 16 ' ties and infrastructure within the National Monument, 17 consistent with other applicable Federal and State laws. 18 (f) VVATER RIGHTS. —Nothing in this Act, the man- 19 agement plan required by section 4(a), or any action taken 20 pursuant thereto, shall constitute either an express or im- 21 plied reservation of water. Nothing in this Act shall affect 22 any valid existing water right, including any Federal re- 23 served water right, in effect on the date of the enactment 24 of this Act or any water right hereinafter approved pursu- 25 ant to the laws of the State of California. .m; we m 5QS 13 1 (g) MAINTENANCE or ROADS, TRma, AND STRUC- 2 TuREs.—In the development of the management plan re- 3 quired by seetion 4(a), the Secretaries shall address the 4 maintenance of roadways, jeep trails, and paths located 5 in the National Monument. 6 (h) GRAZING. —The Secretaries shall issue and ad- z minister any grazing leases or permits in the National 8 Monument in accordance with the same laws (including 9 regulations) and executive orders follower by the Secre- 10 taries in issuing and administering grazing leases and per - II wits on other land under the jurisdiction of the Secre- 12 taries. 13 (i) OvEPJUGHTs.—Nothing in this Act or the man- 14 agement plan required by section 4(a) shall be construed 15 to restrict or preclude overflights, including low-level over 16 flights, over lands in the National Monument, including 17 military, commercial, and general aviation overfli" that 18 can be seen or beard within the National Monument. 19 Nothing in this Act or the management plan shall be con- 20 strued to restrict or preclude the designation or creation 21 of new units of special use airspace or the establishment 22 of military flight training routes over the National Monu- 23 ment. 24 0) MINERAL WrrHDRAwAL.—Subject to valid e3dst- 25 ing rights as provided in section 3(d), the Federal lands •RR we M 23-0 1 59 14 I and interests in lands included within the National Monnu- 2 ment are hereby withdrawn from all forms of entry, appro- 3 priation, or disposal under the public land laws, from loca- 4 tion, entry, and patent under the public land mining laws, 5 and from disposition under all laws pertaining to mineral 6 and geothermal'leasiug, and mineral materials. 7 SEC. L ACQUISITION OF LAND. 8 (a) ACQUISITION AUTHORIZED; METHODS. —State, 9 local government, Tribal, and privately Bad d land or inter- 10 ests in land within the boundaries of the National Monu- 11 went may be acquired for management as part of the Na- I2 tional Monument only by-- 13 (1) donation; 14 (2) purchase from a willing seller; or 15 (3) exchange with a willing party. 16 (b) UsE of EA.SEDmENTS —To the extent practicable, 17 and if preferred by a willing seller, the Secretary of the 18 Interior and the Secretary of Agriculture shall use con- 19 servation easements toacquire interests in land in the Na- 20 tional Monument in lieu of acquiring land in fee simple 21 and thereby removing land from non -Federal ownership. 22 (c) VALUATION OF PM`ATE PROPERTY. —The 23 United States shall offer the fair market value for any 24 interests or partial interests in land acquired under this 25 section. •Sa U76 m Y\� ..r 6 15 1 (d) INCORPORATION OF ACQunm LANDS AND IN- 2 TEnsm.—Any land or interest in lands within the 3 boundaries of the National Monument that is acquired by 4 the United States after the date of the enactment of this 5 Act shall be added to and administered as part of the Na- 6 tional Monument as provided in section 3(b). 7 (e) LAND ExaHANQE .AUTHORIZATION: In order to 8 support the cooperative management agreement in effect 9 with the Agua Caliente Band_of_Ca1ad' a Indians as of 10 the date of the enactment of this Act, the Secretary of ' 11 the Interior may, without further authorization b9 law, ex 12 . change lands, which the Bureau of Land Management has 13 acquired using amounts provided under the Land and 14 Water Conservation 13rnd Act of 1965 (16 U.S.C. 4601- 15 4 et seq.), with the Agua Caliente Band of Cahuilla Indi- 16 ans. My. such land mchange may include the exchange 17 of federallzr ovnied property within or outside of the bound- 18 aries of the National Monument for property owned by 19 the_Agga Caliente Band of Cahuilla Indians within or out- 20 side of the boundaries of the National Monument. The ex- 21 changed lands acquired by the Secretary within the bound- 22 aries of the National Monument shall be managed for the 23 purposes described in section 2(b). .rr8 U7s M 2 3 % w A 16 1 SEC. 7. LOCAL ADVISORY COBOnTrZL 2 (a) EsTA$LisHmENT-=The Secretary of the Interior 3 and the Secretary of Agriculture shall jointly establish an 4 advisory committee for the National Monument, whose 5 purpose shall be to advise the Secretaries with respect to 6 the preparation and implementation of the management 7 plan required by section 4. 8 (b) REPRESENTATION. —To the extent practicable, 9 the advisory committee shall consist of the -.following mem- 10 bers: 11 (1) An individual with a recognized background 12 in ecological restoration, research, and application, 13 selected from nominees submitted by the 'University 14 of California or the College of the Desert. 15 (2) A representative of the California Depart- 16 ment of FIsh and (lame and a representative of the 17 California Department of Parks and Recreation. 18 (3) A representative of the County of Riverside, 19 California. 20 (4) A representative of each of the following cit- 21 ies: Palm Springs, Cathedral City, Rancho Mirage, 22 La Quinta, Patin Desert, and Indian Wells. 23 (5) A representative of the Agua Caliente Band 24 of Cahuilla Indians. 25 (6) A representative of the Coachella Valley 26 Mountains Conservancy. i� up 9J� •. j'➢ r 7V" VV � 6 `' 17 1 (7) A representative of the local Sierra Club or, 2 if no such representative is available, another reeog- 3 nized conservation organization. 4 (8) A representative of the Building Industry 5 Association. 6 (9) A represenrtative of the Winter Park An- 7 thority. 8 (10) A representative of the Santa Rosa Moun- 9 tains Council. 10 (c) TExms --- 11 (1) STAGGFJ D TERM. —Members of the advi- 12 sory committee shall be appointed for terms of three 13 years, except that, of the members first appointed, 14 one-third of members shall be. appointed for a term 15 of 1 year and one-third of the members shall be - ap- 16 pointed for a term of 2 years. 17 (2) REAPPoIrrnmw.—A member may be re- 18 appointed to serve on the advisory committee upon 19 the expiration of the member's current term. 20 (3) VACANCY. —A vacancy on the advisory com- 21 mittee shall be filled in the same manner as the 22 original appointment. 23 (d) QUORUM. —A quorum shall be eight members of 24 the advisory committee. The operations of the advisory 25 -committee shall not be impaired by the fact that a member .= we w 63 18 1 has not pet been appointed as long as a quorum has been Z attained. 3 (e) CHAZRPEWON AND PROCEDURES. —The advisory 4 committee shall elect a chairperson and establish such 5 rules and procedures as it deems necessary or desirable. 6 (f) SERVICE WITHOUT COMPENRAnw Members 7 of the advisory committee shall serve without pap. 8 .SEC. L AUTHORIZATION OF APPROPRIATIONS. _ 9 There are authorized to be appropn--ated such sums "IAAA-) 10 as are necessary to carry out this Act. O elm U76 in 3U 64 FRo'I : cv MOLItTA I NS CONSERVANCY ATTACHMENT 2 PI-B No. : 9e9 70 6251- Mar. 26 20M 06:3EIPM P1 COACHELLA VALLEY MOUNTAINS CONSERVANCY State of Califomia In pa merslvp to protect our mountain heritage 8 F*TM t- Ors 101ii via bashft To:. 7eay Herman CC: • Stan Sniff From: Bill Havert Date: 03f27/00 Re: National Monument rnstarernk aloonlsaR ate. I understand that the Council will have the National Monument bill. on its April 4 agenda I want to provide you with an update of the Conservancy's cunent position -an the bill. On March 16, the Chair of the Conwrvancys Goveming Board premed the Conservancys position to the Mouse Subcommittee on National Parks and Public Lands regarding HR3673. The Conservancy .supported the concept of designating the National Monument, but expressed some reservations about the W, and noted that we had not seen the map as proposed by Congresswoman Bono, and would reserve j udgment on the boundaries. The Conservancy also expressed its hope that the Congresswoman and the Secretary of the Interior would work together to resolve various issues that would likely trigger a presidential veto. we continue to hope for this outcome: Later this week we hope to view the proposed boundary map. Father Katie Barrows or X will attend the Council meeting to provide an . update.on our position and any progress made in addressing our issues. The following are the issues of concern to the Conservancy. Page 6-7. Section 3(c) = The last sentence in this section can be constnmd as contradicting the sentence preceding it. It would be pmferable to delete the last sentence to avoid confusion. The -sentence preceding it seems to be the critical sentence to addi+ess the concerns of private property owners within the National Monument. Page 7 Section 3- The language in this section differs from the language that bad been agreed upon by the Building Industry Association and the local Sierra Club regarding buffer zones. It would seem to make sense to use language that both 23� 45-4W Portola AYe. - Palm DCSCn. CA 92260 760-776-5Q26 • FaX 760.776Q698 65 FROM : CV MANTA 1 F6 CD*EK*HCY P1 a HI : 909 765 6251 Mar. 26 2000 06:39PM P2 March 27, 2000 environmental and development interests find acceptable. That language is: "The designation of this Natiorml Monument shall not chore wr result in any type Qf protective perimeters or buffer zones in or around the National Monunncut. The fact that any and all activities, uses, lighting and noise of any kind can be seen or heard from any area within the National Monument shall not, of itself, prrciude such activities or uses on any non-federal land inside or adjacent to the National Monument." This language may not be acceptable to Interior. An alternative would be to use language that has been used successfullyy in pest federal legislation: "The Congress does not intend for the designation of this National Monument to lead to . the creation of protective perimeters or buffer zones wound this National Monument. The fact that activities or uses can be seen or heard from areas within the National Monument shall not, of itself, preclude such wdvifm or uses up to the boundary of this National Monument." Paq& 9: Section 41c) - This section may be internally inconsistent with Section 56). which deals with withdrawing. lands from mineral entry as Section 4(c) implies that withdrawal from entry would not o=w until after c ompledon of the maayi plain More appropriate wording for this section might be: "Pending completion of the management plan required by subsection (a) the Sea+e=as shall manage federal lands and interests in lands within the National Monument in a manner consistent with this Act and other applicable Federal laws,.including the San Bernardino National Forest Land and Resource Management Plan and the California. Desert Conservation Area Plan." Pam 11 -14, Section 5 - This section speaks to many diffeand uses in the National Monument and is sometimes restrictive, sometimes pecnnissivoe. The section is inconsistent in sometimes specifying that certain uses roust be consistent with order applicable law and in other cases not including tins qualifier. This can be construed to moan that in those instances this Act supersedes other Federal laws. It would be helpful to have an introductory section specifying that uses desc abed in all subsections in Section 5 must be consistent with the purposes of this Act and with other applicable laws. Comments on some of the subsections are: (a) This subsection should clarify that the various recreational uses should be "consistent with the purposes of this Act" as well as consistent with other applicable law. (d) This subsection is too permissive and not in accord with standard language £roan other federal legislation. The word "adequate" should precede "access" in line 5 and the word "reasonable" should precede "use" in line B. (e) This subsection is also too permissive. It would be more appropriate to address the need for utilities and infiasbuctuTe through the managenumt plan and/or the normal prooedures BLM and USFS use to grant rights of way on federal lands. . 2 66 1R:7A RECEIVED FROM:989 755 6251 P-92 FROM CV MOLINTA I NS CONSERVANCY PHD E- HI 909 765 6251 Mar. 26 2000 06: 40PM P3 March 27, 2000 (h) It is not clear what this subsection means in practice. Why not just say that grazing leases or permits are subject to all other applicable laws. (i) Language on overflights is needed to clarify that military overfiigbts, commercial airline overfiights, emergency resme flights, etc. are not impacted by the National Monument designation, but the lauguagd in this subsection seems too permissive. It can easily be construed to mean that behcoptw sightseeing tours flying at low altitudes would be pezfeedy compatible with the Nabonal hvlomzment In terms of impacts on bighorn and trail users, such use does not seem compatible. The language needs to be refined to clarify what limited types of overnights are intended to be addressed by this section. (j) This section withdraws lands fram disposal. While this is intended to ensure that federal land in the National Monument would not be exchanged and Iose its protected status, it also would preclude land exchanges with the University of California; such as one cwxcntly proposed, or other land exchanges which would actually consolidate public ownership and resource protection in the National Monument. Aher native wording to remedy this could be the addition of a clause at the end of the sentence (Page 14, line 7) that "other than by exchange that furthers the protective purposes of the National Monument, or as provided for in section 6(e)." Section 6(e) specifically deals with an exchange agreement with the Agua Calientt Band of Cahuilia Indians. Psae 14, section 6(b) - This section mcpresses a philosophical position that it is beer for land not to be removed from non -Federal ownership and that, thmfor+e, it is preferable to acquire conservation easements than flee simple tick. In the San 7acnito and Santa Rosa Mountains, the Conservancy believes it is better public policy to acquire land in fee simpie'to facilitate management of those lands. If a Iandowner would only sell a conservation easement, that would be acoeptable; but the preference vmuld be to acquire in fee simple. Our experience has been that landowners are better off this way as well, since after selling the conservation easement interest, they have no usable economic interest. left in the land. An additional concern is that the Appropriations Committee could use The language in this section to place a condition on LWCF approptiadions that BLM should use the money to purchase conservation easements rather than fee simple. The Conservancy recommends that the section either be deleted, since BLM already bas the authority to acquire conservation easements, or that the section be rewritten to state: "To the extant practicable and in the public interest, and if prefwred by a willing seller, the Secretaries shall use conservation easements to acquire interests in land in the National Monument in lieu of acquiring land in fee simpk." Page 14. Section ac) This section can be misconstrued to imply that BLM and USFS shall pay full price for land and not accept donations or bargain sales. Further, the section doesn't indicate how fair market value is to be detertnimd. Preferred language would be "The Secr+ct nes, as required by federal law, shall pay no more 23 67 FROM : CV MOUJTAINS CONSBU44CY PHONE NO. : 909 765 6251 Mar. 26 2000 06:40PM P4 March 27, 2000 than fair market value as determined by an appraisal meeting Federal appraisal standards for any interests or partial interests in sand acquired under this section" 4 24U, 68 ------- .......�... - cntl p_a& T4tyl 4 4 Q" COUNCIL/RDA MEETING DATE: .tune 6, 2000 ITEM TITLE: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Consideration of Funding Request from the PUBLIC HEARING: La Quinta High School Foundation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The La Quinta High School Foundation (Foundation) received a Community Services Grant from the City of La Quinta on September 7, 1999 in the amount of $5,000. An additional $5,000 would be made available to the Foundation once matching funds became available. The City would allocate $2,000 for each $5,000 raised by the Foundation up to a total of $10,000, as provided in Attachment 1 . The Foundation has raised $12,000, therefore, an additional $5,000 has been allocated in the Community Services Grant account, as provided in Attachment 2. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council received a letter from the Foundation which was considered under written correspondence at the August 3, 1999 City Council meeting, as provided as Attachment 3. This item was referred to staff to bring back for consideration at the next meeting. As identified in the correspondence, the Foundation was established to solicit funds for the La Quinta High School International Baccalaureate program to be implemented during the 1999/2000 school year. The International Baccalaureate program is designed to raise the academic achievement of students at La Quinta High School, as well as improve teacher training that benefits the students. 241 The Foundation was successful in raising $12,000 from the community, as provided in Attachment 4. This amount entitles the Foundation to receive the additional $5,000 set aside in the Community Services Grant account. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the additional Community Services Grant funds in the amount of $5,000 from the Special Projects Contingency Account; or 2. Approve the additional Community Services Grant funds in a different amount from the Special Projects Contingency Account ; or 3. Do not approve the additional Community Services Grant funds; or 4. Provide staff with alternative direction. Ily submitted, 4 Dodie Horvitz, Attachments: omInunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Minutes of the September 7, 1999 City Council Meeting 2. Community Services Grant Balance Sheet 3. Request from the La Quinta High School Foundation Dated July 14, 1999 4. Financial Report from the La Quinta High School Foundation S:\Community Services\CCReports\CC . 047 . wpd 00 2 ATTACHMENT 1 City Council Minutes 6 September 7, 1999 17. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROV L OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT R TRACT _ 23995-8, CENTURY CROWELL COMMUNITIES. 18. PROVAL OF A SUPPLEMENTAL AGREEMENT WITH RI RSIDE COUNTY F THE USE OF COMMUNITY DEVELOPMENT BLOCK RANT FUNDS FOR CO RUCTION OF DESERT CLUB DRIVE IMPROVEM S, COLLEGE OF THE DESER MART CLASSROOMS, ADA RENOVATIO AND PUBLIC SERVICE FUNDS F THE BOYS AND GIRLS CLUB - LA Q TA UNIT. 19. APPROVAL O NAL MAP AND SUBDIVIS199 IMPROVEMENT AGREEMENT FOR TRACT 2912C MSG ENTERPRISES, VC. MOTION - It was mo by Council embers Sniff/Adolph to approve the Consent Calendar as rec mended d amended with the exception of Item Nos. 7 and 8 and with Ite No 7 being approved by RESOLUTION NO. 99-104. Motion carried unani usly. MINUTE ORDER NO. 99-119. Item No. 7 MOTION - It wa/hrs d by Council Me ers Sniff/Adolph to authorize the extended season for the Fritz Burn ooand expenditure of funds. Motion carried wior Pena ABSTAINING. INUTE ORDER NO. 99-120. Item No. 8 MOTIO It was moved by Council Members Sniff/Ado to receive and file the A ual Review of the Stamko Development Agreeme Motion carried wit ayor Pena ABSTAINING. MINUTE ORDER NO. 99-12 . BUSINESS SESSION 1. CONSIDERATION OF FUNDING REQUEST FROM THE LA QUINTA HIGH SCHOOL FOUNDATION. Mayor Pena abstained due to a conflict of interest and left the dais. Ms. Horvitz, Community Services Director, advised that the La Quinta High School Foundation is requesting $10,000 for their International Baccalaureate Program. 243 004 City Council Minutes 7 September 7, 1999 Clint Burr, 49-723 Montero Avenue, President of La Quinta High School Foundation, advised that the funds will help train teachers for the academic program, which will in turn help to train students for better jobs and improve the statistics and profile of the City's schools. Seven teachers have already attended the academy in New Mexico for training on how to teach the high - caliber academic subjects to students, but further training will be needed. Only select teachers participate in the program, which will double as the school's honors program. The Foundation has received $5,500 in private funding and has commitments for another $20,000, including $10,000 from the City of Indian Wells. The program administrator is Janet Seto, Assistant Principal at La Quinta High School. In response to Council Member Adolph, Mr. Burr advised that the State will fund the program with $20,000 once community interest is involved and the Foundation has received formal accreditation, probably sometime next year. In response to Council Member Perkins, Mr. Burr advised that he would send a monthly progress report to the City Manager. In response to Council Member Sniff, Mr. Burr advised that 41 students are currently enrolled in the program. They expect that number to double when the honors students get involved, and they hope that the program will increase the percentage of students passing the AP exam. In response to Council Member Adolph, Mr. Burr advised that the other schools in the valley are not allowed to start the program until the sixth year after the first school in the region has begun the program. There are only 48 accredited programs operational in the State at this time. Council Member Adolph felt that the program is needed, and that the City should help get it off the ground. Council Member Perkins felt that it's an exciting program, and wished the other schools could be involved before six years. In response to Mayor Pro Tern Henderson, Mr. Burr advised that the coordinator, Donna Cinatal, was a member of the La Quinta High School staff. She's currently not receiving the $50,000 annual salary because the Foundation is trying to raise the funds as required by the State the first year. If they receive $10,000 from the City this year to help get the program started, they'll seek funding elsewhere if they have a shortfall next year. The teachers who volunteered to participate in the training were paid through a discretionary fund in the school, but were not reimbursed for personal expenses. The Desert' 24r1 005 City Council Minutes 8 September 7, 1999 Sands Unified School District Board asked him to set up the Foundation so that the school could raise funding for the program. Mayor Pro Tern Henderson pointed out that they could apply for the $2,000 that has already been budgeted for the high school. She felt it's a worthwhile program, and wished to see the City support it, but perhaps with a matching grant of up to $2,000, based on what the Foundation is able to raise. MOTION - It was moved by Council Members Perkins/Adolph to approve the request by La Quinta High School Foundation for $10,000. Council Member Sniff was concerned about the $50,000 salary and $8,000 for summer training, and preferred raising all boats rather than some here and some there. He was also bothered by the idea of just helping honor students who are already honor students. Mr. Burr noted that they expect the number of honor students to double. Council Member Sniff advised that he supports education and students, but felt that their budget is excessively disproportionate. In response to Council Member Sniff, Mr. Burr advised that the coordinator is no longer on staff at the School District. Currently, they have $5,500, and have commitments for another $20,000; in the meantime, the program is being operated from the Principal's discretionary fund. Mayor Pro Tern Henderson felt it's a worthwhile program, but couldn't support the motion. She wished to support it at a reasonable amount, noting that the City has many municipal issues to support, and that the schools get five times the funds that the City receives. She supported a maximum amount of $4,000. In response to Council Member Sniff, Mr. Burr advised that $74,000 is needed this year. Council Member Sniff stated that he wouldn't support the motion, but wished to consider an alternate motion. Motion failed with Council Members Henderson and Sniff voting NO and Mayor Pena ABSENT. Council Member Sniff was in favor of supporting them with $10,000 provided that they get a significant amount of pledges from the community. 240 1M City Council Minutes 9 September 7, 1999 Mr. Burr stated that he contributed the first $5,000 out of his own pocket, and asked the City to consider a $10,000 pledge, with $4,000 now and $2,000 with each $5,000 the Foundation raises from the community, up to a maximum of $10,000. MOTION - It was moved by Council Member Sniff and seconded by Mayor Pro Tern Henderson to approve funding for the La Quinta High School Foundation in the amount of $4,000 now, and to match funding as the Foundation raises additional funds up to a maximum total contribution of $10,000. Council Member Perkins suggested increasing the current amount to $5,000. Council Member Sniff agreed. Motion was withdrawn. MOTION - It was moved by Council Member Sniff and seconded by Mayor Pro Tern Henderson to approve funding for the La Quinta High School Foundation in the amount of $5,000 now, and to match funding as the Foundation raises additional funds up to a maximum total contribution of $10,000 from the Special Projects Contingency Account. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 99-122. 2. CONSIDERATION OF COMMUNITY SERVICES GRANT TO THE COACHELLA VALLX COMMUNITY CONCERTS ASSOCIATION. .., Ms. Horvitz, ommunity Services Director, advised that the Coa a Valley Community C erts Association is requesting funding i e amount of $5,000. In response to Counc ember Sniff, orvitz advised that several performances were held in Desert s Unified School District schools last year. MOTION - It was m by CoundN Community S es Grant request Concerts ociation for $5,000. bers Sniff/Adolph to authorize the the Coachella Valley Community Council Member Henderson advised that she Idn't support the motion, noting that the Council's previous history and dire n has been for some of these organizations to become more self-sufficient. Sh as willing to support $2,500. n4 '00'7 ATTACHMENT 2 1999-2000 Community Services Grants SPECIAL PROJECTS CONTINGENCY ACCOUNT #101-251-663-000 Date Organization Amount Balance 7/1/99 Beginning Balance $54,369 7/20/99 La Quinta Arts Association $4,000 $50,369 Liability Insurance for Gallery 2/ 1 /00 Reconciliation Report 9/8/99 La Quinta High School Foundation With a commitment of $5,000 when matching funds are acquired. 9/8/99 Coachella Valley Concerts Association Concerts for Desert Sands Unified School District performances for Students 9/21/99 Explorer Post #503 With a commitment of $6,000 when matching funds are acquired $5,000 + $5,000 $40,369 $5,000 $35,369 $6,000 + $6,000 $23,369 9/21/99 Community Blood Bank Center, Inc. $1,000 $22,369 For purchase of up to three calibrated weights 11 /22/99 Reconciliation Report received 10/5/99 Triangular Adoption Program $2,200 $20,169 10/5/99 Simon Motors Plaque $300 +/- $19,869 11/2/99 CVAG-Census 2000 Coordinator $5,000 $14,869 1 1/16/99 Complete Count Committee $3,000 $11,869 Promotional Items 12/21/99 Friends of the Desert Mountains $250 $11,619 Five Quail Habitat Acre Adoptions 2/01 /00 Desert Valley All Star Mavericks $1,000 $10,619 Cheerleading Competition Trip 3/6/00 Reconciliation Report Received -Airline Tickets Purchased 24� Date Organization Amount Balance 3/7/00 Riverside District Attorney $1,000 $9,619 CARE Program - Officer Training 3/7/00 Greater Coachella Valley Soap Box Derby $2,700 $6,919 Franchise Fees and In Kind Services 4/4/00 Meals on Wheels -Transportation Costs $650 $6,269 Meals to La Quinta COACHELLA VALLEY RECREATION AND PARK DISTRICT OKTOBERFEST #101-251-663-537 7/ 1 /99 Beginning Balance $2,200 10/5/99 CVRPD Oktoberfest $200 $2,000 10/31/99 Oktoberfest Permits $350 $1,650 10/31/99 Tops and Barricades $96.50 $1553.50 FRITZ BURNS POOL #101-251-663-539 7/l/99 Beginning Balance $3,000 9/8/99 Coachella Valley Recreation & Park District $2,028.66 $971.34 (September Pool Hours & Answering Machine) S:\Community Services\Community Service Grants\1999-2000 Balance\Running Balance.wpd 009 WRITTEN CORRESPONDENCE ITEM: I ATTACHMENT 3 LA QUINTA HIGH SCHOOL FOUNDATION Box 1901 La Quinta, CA 92253 Tel: 760-564-4634 Fax: 760-564-0560 July 14, 1999 Ms. Dodie Horvitz Director of Community Services City of La Quinta P.O. 1504 La Quinta, CA 92253 Re: $10,000 Funding Request La Quinta High School Improvement of Academics via IB Dear Ms. Horvitz: This is a request for funding on behalf of La Quinta High School (LQHS) to improve academics during the coming 1999/2000 school year via the International Baccalaureate program. This will be the first year for the program at LQHS. There is a crying need for improvement of academics and this program has been tried and tested at other schools with spectacular results. The $10,000 we are requesting will go towards either 1) the implementation of the IB program, or if you so request, 2) training of teachers to improve the traditional academic areas of study. La Quinta High School is now five years old and the recent SAT9 test scores place LQHS in the 37'h percentile among US high schools. Results should be much better. By comparison, Riverside North HS, which has an IB program but incorporates disadvantaged areas of Riverside, has test scores in the 571h percentile. Many Orange County schools score in the 901h percentile. As La Quinta grows, clearly something needs to be done regarding academics at LQHS. This is an issue which directly concerns residents of La Quinta with schoolage children. Background on La Quinta High School LQHS was opened in 1994 and has a student body of 1800. The physical plant is beautiful and it is one of the most attractive schools in Southern California. For forty years, La Quinta has had a large community of retirees and a small residential community; however, in the past 8 years the demographics have changed due to the new arrivals. This is becoming a suburban community and 61 % of the student body is Hispanic. LQHS has already established itself as a school offering "hands on" experience to help nurture future career choices. Programs have been established to prepare students for careers in computer science and gr phics, healthcare (such as medical technicians, nurses, etc.), and hospitality services including specialized hotel cooking classes. What we are missing is well -trained teachers who can inspire and lead students in traditional and rigorous academics. LQHS has one of the lowest percentages of graduates going on to University of California schools in the state. Of this year's graduating class of 376, approximately 15 were admitted to UC schools. The wealthy retirees, who do not have schoolage children, skew the statistics so LQHS does not qualify for disadvantaged federal funding programs as does Indio. But, as of this point in time, the retirees have contributed little to the school — unlike many other California communities. Our school is in the unique position of missing out on federal funding and on private endowments. 010 Background on the International Baccalaureate Program The International Baccalaureate Organization was formed in the 1960's and has established a specified curriculum for the IB program. There are 48 schools in California offering the IB program. The first step begins when secondary school teachers are given intensive training at the national IB center in New Mexico, in order to receive IB accreditation. This summer seven LQHS teachers are attending this IB training program. In turn, these accredited teachers begin to offer a rigorous pre -university course of studies, leading to standardized and empirical examinations, which may result in the award of an IB diploma. The IB diploma is recognized internationally by organizations such as UNESCO and most universities. It is equivalent to the Baccalaureate degree awarded to students throughout Europe and Latin America. College admissions departments at universities throughout the US understand that students who complete the program are highly motivated secondary school students, and they tend to look favorably upon IB candidates seeking college admissions. The real benefit of an IB program is that, historically, it refocuses a school's attention on academics. As a member of the LQHS Foundation I personally have visited IB schools to witness the impact. Again, using Riverside North HS as an example, this teaches what can be achieved in high school education within a short period of time. Riverside is located approximately 75 miles away from La Quinta and the socio-economic mix is very similar to the student body at LQHS today. Many of the Riverside North students come from middle income backgrounds where they were unable to obtain assistance from sources specifically available to low income students. Although IB began at Riverside North five years ago as a small program for 30 students, today it encompasses hundreds of members of the 1560 large student body. IB classes double as Advanced Placement (AP) or Honors classes. Even though a student is not going for the full IB diploma, the student may take the IB/AP/Honors class so long as the course pre -requisites are satisfied. This brings more students "to the parry" and creates a strong sense of pride in the school, that they are receiving these specialized IB classes. After five years of summertime IB training, now 56 of the Riverside North teachers have had this additional training. They are admittedly teaching on a higher plane than before. Unfortunately, standardized testing only began in California two years ago so we'll never know the incremental increase IB has brought to Riverside North since its inception. However, the socio-economic profile at Riverside North is very similar to La Quinta and we know they are in the 57`h percentile when it comes to testing (vs.371h percentile for LQHS) and Riverside North is sending 89 graduating seniors to UC schools next year (vs. 15 from LQHS). We believe that the IB program at LQHS will raise levels of academic achievement among the students at LQHS within the next 5 years, and the Riverside North Experience ( as well as that reported by other IB schools) gives us a reasonable basis in fact for such belief. We have submitted three years of proposed budgets for the IB program along with this application. Funding for the first year, hopefully, will come from local donations and the sale of a student directory. $10,000 has been set aside by the Desert Sands Unified School District for the IB program. Nearly $15,000 in pledges has been raised from members of the community. We anticipate more contributions as the LQHS Foundation was only begun last month. Any shortfall will be covered by the Principal's discretionary fund. We are seeking $10,000 from the city of La Quinta as it is your citizens, and their children, who will benefit as we re -focus LQHS on rigorous secondary education. The Foundation In addition to IB, there is an overriding need for teacher training in a number of areas. We do not have the outreach or economically disadvantaged funding program available to schools such as Indio. If you should have hesitations because you are not yet sure of IB, then I ask that you consider the alternative of a $10,000 grant to the Foundation with specific proviso that it only be used on teacher training, and that the school refocuses on traditional academics. Last year I learned of teachers who wanted to go for just one day of professional review & training, and the school had to deny these requests due to lack of funds. This is not the education environment which we want for the future citizens of La Quinta. The La Quinta High School Foundation was recently formed as the vehicle to solicit funds for the endowment of the school. We have applied for treatment as a not -for -profit charitable institution and our attorney, Dave Erwin of Best, Best & Kreiger, advises that we can expect such to be granted in the near future. Our mission statement is "to promote academic achievement and to provide a nurturing environment for talent" as an auxiliary to La Quinta High School (LQHS). I hope this letter sufficiently presents our proposal for funding. If there are additional questions, I would be happy to answer them by letter or phone. Alternatively, Ms. Janet Seto, the Assistant Principal of LQHS and the IB program director, or I would be pleased to meet with you. Please let me know your thoughts and thank you for your attention. Sincerely, La Quinta High School Foundation Clinton Burr President 2 5 -. 012 ATTACHMENT 4 Winston &Barbara Adams 100 Douglas & Janet Adams 20 Kirk & Beth Ainsworth 100 Jim & Adele Anathan, Jr. 25 Joseph Assof 50 Gary & Susan Avise 200 Louise & John Bain 125 Cameron & Katherine Barrows 350 Branston & William Bauder 50 Richard & Carol Beck 100 Aurora Benson, D.O. 350 Mark Benson, D.O., FA.C.E.P. 350 Randal & Windy Bolieu 10 Gina Bookatz 225 Wayne & Marilynn Brooks 25 Matthew & Joy Bugg 350 Patty Cadby 50 Mary Cameron 50 Bruce & Lora Cathcart 200 Margaret & Gary Chamberlain 350 Gale & John Clark, Jr. 25 Edward & Margaret Cleveland 25 Tom & Joyce CunninghanVMcKGssick 10 Peggy Davidson 20 Charles Delio, D.D.S. 25 Donald Early 350 Charles & Elizabeth Eaton 25 Frank & Sherry Encinias 25 Patricia Farber 100 Gulam Farid 10 Ronald & Linda Fillmore 350 Michele Freas 20 Jose & Alicia Garcia 200 Joe & Valerie Garcia, Jr. 25 William & Jeanne Garland 350 Olga Gilbert 100 Thomas & Sylvia Gleeson 30 Ruben & Marcella Green 10 Ronald & Marcy Gregory 350 Edward Guerrera 350 Cindy Guse 35 Hudson & Astrid Hale 100 Peter & Linda Haugen 100 Bill & Denise Hay 350 Chris & Kristin Hermann 500 Ramiro Hernandez 10 Arline Hoover 50 Eric & Lori Jackman 50 Anne, Corrine & Mary Kate Kelly 50 Shawn & Julie Kilpatrick 25 Diana K Aagawa 100 Deborah KlinginsmIth 20 Becky & Steve Kochell 20 Ray, Elizabeth & Kevin La Rue 350 Allen & Pamela Lang 20 t' n 234 $7160 013 Dora Lange 25 Larry & Marie Langner 350 Lawrence & Peggy Le Blanc 100 Karen Levish 200 Virgene Lowe 50 Joanne Lussier 75 Robin & Gary Lutes 350 Ascension & Mary Maldonado 20 Steven & Leslie Marusic 50 Travis Maston 25 Laura McConnell 25 Lawrence & Patricia McCoy 20 Steven & Kimberly McGihon 150 Jo Michel 40 Richard Mitchel 25 Mr. & Mrs. Robert Monroe 200 Rosa Montes 20 Lynda Morton 10 Donald & Barbara Moulin 100 Stephan & Diane Nielsen 50 Joe & Jeanne Olnrera 10 Young Park 20 James & Susan Parkinson 150 D.J. & Jacque Plante 50 Erich & Muriel Quer, M.D. 25 Stephen & Susan Renew 20 Malcolm & Bettie Ripley 100 Dennis & Judy Scharer 40 Christie Skeffington 15 Clifford & Patricia Smith 100 Brian Sprueill 10 John Steams 5 Robert & Betty Stewart 100 Keith & Vicki Stinson 25 Kirtikurmar & Jayshd Tilva 350 Lothar & Madi Vasholz 500 Kenneth & Pamela Wa)dax 350 Todd & Renee Williams 50 Bonnie & Barry Williams 200 Robert Williams 200 Andy Williams 100 K.C. & Jole Wdson 100 Errol & Doris Wilson 350 Darren & Kandie Worden 100 Stephen & Lynn Ziem 50 Gerardo & Patricia Ramirez 100 Richard & Mary Francis Soltys 10 Raymond & Terri Miller 50 D.J. & Jacque Plante 50 Charles & Katie Housewright II 150 Karen Rosbottom 25 Doris Chapman 50 Richard & Janice Oliphant 50 Bruce & Lora Cathcart 150 Michael & Robin Kearney 25 $5565 2J 014 Grand Total $12,725 T4t!t 4 4 Qumto AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Community Services Grant PUBLIC HEARING: Request from the Explorer Post #503 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Explorer Post #503 received a Community Services Grant from the City of La Quinta on September 21, 1999 in the amount of $6,000, with an additional $6,000 to be allocated to the Explorer Post when matching funds became available, as provided in Attachment 1. The additional $6,000 has been allocated in the Community Services Grant balance, as provided in Attachment 2. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Riverside County Sheriff's Department in conjunction with Boy Scouts of America offers an Explorer Post program to the young people of the communities of La Quinta, Coachella, Thermal and Mecca. The purpose of the Explorer Post is to provide experiences that will prepare young people to become responsible and caring adults. To accomplish this goal, the program offers participants practical experience in the law enforcement field and positive leadership skills from adult mentors. The Explorers serve the community by providing traffic control; security at special events; and assisting in search and rescue operations. On September 21, 1999, Explorer Post #503 requested $22,000 to fund their yearly operations of the program, including filing for non-profit status, insurance, uniforms, academy costs, training and excursions. The City Council considered the request and approved a $6,000 grant, with an additional $6,000 to be granted upon the provision of matching funds. The Explorer Post has raised an additional $3,880 from various community organizations and fund raisers, as provided in Attachment 3. The City Council may grant matching funds in the amount of $3,800 to match the amount raised by the Explorer Post, or may desire to grant up to $6,000 to the organization. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the additional Community Services Grant funds for Explorer Post #503 in the amount of $3,800 from the Special Projects Contingency Account; or 2. Approve the additional Community Services Grant funds for Explorer Post #503 in the amount of $6,000 from the Special Projects Contingency Account; or 3. Approve the additional Community Services Grant funds for Explorer Post #503 in a different amount from the Special Projects Contingency Account ; or 4. Do not approve the additional Community Services Grant funds; or 5. Provide staff with alternative direction. submiYU Dodie`Horvitz, CorWhy Nty Services Director 60 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes of the September 21, 1999 City Council Meeting 2. Community Services Grant Balance Sheet 3. Financial Report from the Explorer Post #503 255 S:\Community Services\CCReports\CC . 048 . wpd U 0 n ATTACHMENT 1 City Council Minutes 4 September 21, 1999 BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANT APPLICATION BY EXPLORER POST NO. 503. Ms. Horvitz, Community Services birector, advised that Explorer Post #503 has submitted a Community Services Grant application for $22,000, and that the group's leader, Deputy John Doyle, would like to make a presentation. Deputy John Doyle, 82-695 Dr. Carreon Boulevard, Indio, of Riverside County Sheriff's Department, advised that Explorer Post #503 began nine months ago, and that most of their events have taken place in La Quinta. They've been asked to help with the Mainstreet Marketplace events, and will be involved with the upcoming Oktoberfest. He proceeded to explain how the program benefits the explorers and the community, and advised that the program is funded solely by grants. In response to Mayor Pena, Deputy Doyle advised that it's a volunteer program, and not funded by the County. Other Posts in the County have received grants through the Fraternal Order of Police, but those grants are only available every two to three years. In the meantime, the explorers are doing what they can, 49 such as car wash events, to raise money. Council Member Henderson asked if the City funded them last year, to which Deputy Doyle responded no. In response to Council Member Sniff, Deputy Doyle advised that they requested funding from Coachella, but were told that it wasn't within their budget. They intend to seek private funding as well as other grants, but have been busy trying to stabilize the Post. They currently have 26 members. In response to Council Member Henderson, Deputy Doyle advised that three of their members are La Quinta residents, and several others attend La Quinta High School. In response to Council Member Adolph, Deputy Doyle advised that Indio has its own Post. The program is strictly volunteer, both for the explorers and the officers that work with them. Council Member Perkins advised that he's very supportive of the program, and noted that many of the participants go on to become police officers. He wasn't sure about funding the whole amount, but supported a substantial amount. 25 i 004 City Council Minutes 5 September 21, 1999 In response to Council Member Sniff, Deputy Doyle advised that the minimum and maximum ages are 14 and 21 respectively, and that the program gives the participants an opportunity to learn about law enforcement. Council Member Sniff suggested giving them $10,000, and encouraging them to seek private funding to get a more broad -based support. Mayor Pena advised that he supports the program, but wished to see the Councils policy on grants brought back for discussion. He liked the idea of matching grants like the Council did with the La Quinta High School Foundation. He suggested the group contact the Work Force Development Board for help. Council Member Henderson noted that she has previously asked for the grant policy to be discussed. She supported the program, but felt there's a larger scope of things to look at. She also encouraged the Post to contact the Community Services District in Thermal for assistance. She supported a funding amount of $5,000 with an additional $5,000 in matching funds. Council Member Perkins agreed that a policy is needed, but wasn't sure this is the time to set one. MOTION - It was moved by Council Members Perkins/Sniff to approve the Community Services Grant request by Explorer Post #503 for $10,000. Council Member Sniff suggested changing the amount to $6,000 now with an additional $6,000 in matching funds, noting that that would help the group in trying to raise additional funds from the community. Council Member Perkins agreed. Motion was withdrawn. MOTION - It was moved by Council Members Perkins/Sniff to approve the Community Services Grant request by Explorer Post #503 for $6,000 now with an additional $6,000 in matching funds (from the Special Projects Contingency Account). Mayor Pena advised that he would support the motion, but wished to make sure that the policy is brought back for discussion. Motion carried unanimously. MINUTE ORDER NO. 99-133. 005 ATTACHMENT 2 1999-2000 Community Services Grants SPECIAL PROJECTS CONTINGENCY ACCOUNT #101-251-663-000 Date Organization Amount 7/1/99 Beginning Balance Balance $54,369 7/20/99 La Quinta Arts Association $4,000 $50,369 Liability Insurance for Gallery 2/l/00 Reconciliation Report 9/8/99 La Quinta High School Foundation With a commitment of $5,000 when matching funds are acquired. 9/8/99 Coachella Valley Concerts Association Concerts for Desert Sands Unified School District performances for Students 9/21/99 Explorer Post #503 With a commitment of $6,000 when matching funds are acquired $5,000 + $5,000 $40,369 $5,000 $35,369 $6,000 + $6,000 $23,369 9/21/99 Community Blood Bank Center, Inc. $1,000 $22,369 For purchase of up to three calibrated weights 11/22/99 Reconciliation Report received 10/5/99 Triangular Adoption Program $2,200 $20,169 10/5/99 Simon Motors Plaque $300 +/- $19,869 11/2/99 CVAG-Census 2000 Coordinator $5,000 $14,869 11/16/99 Complete Count Committee $3,000 $11,869 Promotional Items 12/21/99 Friends of the Desert Mountains $250 $11,619 Five Quail Habitat Acre Adoptions 2/01/00 Desert Valley All Star Mavericks $1,000 $10,619 Cheerleading Competition Trip 3/6/00 Reconciliation Report Received -Airline Tickets Purchased 25� 000 Date Organization Amount Balance 3/7/00 Riverside District Attorney $1,000 $9,619 CARE Program - Officer Training 3/7/00 Greater Coachella Valley Soap Box Derby $2,700 $6,919 Franchise Fees and In Kind Services 4/4/00 Meals on Wheels -Transportation Costs $650 $6,269 Meals to La Quinta COACHELLA VALLEY RECREATION AND PARK DISTRICT OKTOBERFEST #101-251-663-537 7/l/99 Beginning Balance $2,200 10/5/99 CVRPD Oktoberfest $200 $2,000 10/31/99 Oktoberfest Permits $350 $1,650 10/31/99 Tops and Barricades $96.50 $1553.50 FRITZ BURNS POOL #101-251-663-539 7/1/99 Beginning Balance $3,000 9/8/99 Coachella Valley Recreation & Park District $2,028.66 $971.34 (September Pool Hours & Answering Machine) S:\Community Services\Community Service Grants\1999-2000 Balance\Running Balance.wpd ?5j 007 Riverside County Sheriff's Explorer Post #503 Indio Station - 82695 Dr. Carreon Blvd. - Indio, California 92201 Phone (760) 863-8290 - Fax (760) 863-8955 - Email rsotraffic@aol.com May 15, 2000 City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Attn: Dodie Horvitz Dear Ms. Horvitz, ATTACHMENT 3 I would like to begin by thanking you for allowing the Sheriff's Explorers the opportunity to serve the City of La Quinta. It has been a "building" year for the post, and it wouldn't have been possible without the support from the city. The Explorers have been very active serving the community of La Quinta during several events. Some of these events were: La Quinta Community Picnic, Auto Centre Grand Opening, Main Street Marketplace, La Quinta Safety Fair, Mariachi Festival, as well as LQHS football games and running/biking events. I have attached a reconciliation of expenses and money that we raised this year. We also have several upcoming expenses that I have included. If you have any questions, please feel free to contact me. Sincerely, ?j� eputy John Doyle Explorer Advisor Reconciliation of Expenses July 1999 to present (May 15, 2000) Assets 1. City Community Services Grant 6000 00 2. Money Raised/collected 3880 60 Total 9880 60 Expenditures 1. Explorer Competition 2259 20 2. Explorer Academy 988 88 3. Uniforms and equipment 1125 76 4. Awards banquet 1252 24 5. BSA 200 00 6. Camping trip 100 00 7. Knott's Berry Farm trip 925 25 8. Misc, food expenses(during events 186 00 Total 7037 33 Anticipated Expenditures 1. Explorer Academy Jul 2000 1530 00 2. Color Guard equipment ASAP a rox 800 00 3. Bike Team uniforms and equipment ASAP a rox 840 00 Total 3170 00 6 Al 009 Tiht 4 XP Qum& COUNCIL/RDA MEETING DATE: ,June 6, 2000 ITEM TITLE: Consideration of the Southeast Annexation Area Survey Questionnaire and Fact Sheet RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of the Survey and Questionnaire with changes as deemed appropriate by the City Council; and Approval of an appropriation of up to $31,000 from the General Reserve Fund to expand the General Plan study area and including golf cart plan. FISCAL IMPLICATIONS: The addition of $31,000 will need to be appropriated from the General Reserve Fund to cover the cost of the additional work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 2, 2000, the City Council requested staff to provide a fact sheet and survey questionnaire (Attachment 1) to be distributed to the property owners of the new boundaries identified for the southeast annexation area. This area is generally described as the property starting at the existing City limit line on Madison Street easterly along 62nd Avenue to Polk Street, north to 60th Avenue, then west to Harrison Street, north to Airport Boulevard, then west to the City limit line of Coachella, then following the City of Coachella and City of Indio City limit boundaries back to the City of La Quinta City limits on 52"d Avenue at Madison Street (Attachment 2). Staff contacted Terra Nova Planning and Research, Inc., who the City is currently contracted with for the General Plan update, and requested a proposal on the cost to add the additional annexation area, as identified above, to the General Plan update. They have indicated it will cost approximately $15,320. Pr -IN C:\My Documents\WPDOCS\CCJH.Annexation. wpd In addition, the City Council directed staff to start the preparation of a Golf Cart Transportation Plan. Pursuant to Council direction, staff requested Terra Nova Planning and Research to identify a cost, using their subconsultants to prepare the plan, to be included with the General Plan update. They have indicated the cost will be approximately $15,000. Therefore, staff is requesting the appropriation of an amount not to exceed $31,000 for both items. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approval of the Survey and Questionnaire with changes as deemed appropriate by the City Council; and Approval of an appropriation of up to $31,000 from the General Reserve Fund to expand the General Plan study area, including the Golf Cart Plan; or 2. Provide staff with alternative direction. Respectfully submitted, -ry H f man mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Survey and Questionnaire 2. Annexation boundary map `W 6u C:\My Documents\WPDOCS\CCJH.Annexation.wpd 02 ATTACHMENT 1 (Date) Dear Property Owner: The City of La Quinta is seeking your opinion whether or not you would consider being included within the City's Sphere of Influence and ultimately annexed into the City. In order for the City to receive your input, the enclosed Survey needs to be completed and returned in the self addressed stamped envelope by Your response will provide the City Council with needed information on future boundaries of the City. Thank you for your response. Sincerely, JERRY HERMAN Community Development Director JH:bjs CAMy Documents\WPDOCS\Annexation Surveympd 0 4 CITY OF LA QUINTA SPHERE OF INFLUENCE AND ANNEXATION SURVEY I (We) the property owner(s) of the property listed below wish to: 1 . Have the City of La Quinta include my (our) property within its Sphere of Influence and annexed immediately. Yes No 2. Have the City of La Quinta include my (our) property within its Sphere of Influence and annexed in the future. Yes No 3. Not have my (our) property included in the City of La Quinta Sphere of Influence or annexed. Yes No 4. Remain in the current Sphere of Influence of Coachella or in the County. Yes No 5. Remain undecided. Property Owner(s) Information: Please print Name Mailing Address City Zip Code Property Address City Zip Code Phone Signature: 4.0 CAMy Documents\WPDOCS\Annexation Survey.wpd 05 ANNEXATION INFORMATION The people of La Quinta in order to preserve their territorial integrity, to provide local control, to preserve and enhance their "quality of life" voted overwhelmingly to incorporate in 1982. The government of La Quinta has worked diligently to achieve all these goals. As a consequence, La Quinta is a dynamic and progressive desert city - one of the fastest growing in California. Planning and Zoning La Quinta has made a commitment to its residents to be a well planned community with strong environmental, planning and zoning regulations. We have adopted a hillside conservation zone, a Dark Sky Ordinance, and a Cove Residential Zone in the "old Cove area" that requires tile roofs, minimum home size, attractive landscaping fencing and two car garages. Quality and aesthetics are high among our priorities. The City of La Quinta is processing a General Plan update which would include the area to the south and southeast of its current City limits. The General Plan update will designate the majority of the property as Low Density Residential with an Agricultural Overlay District. This means a property owner can continue with agricultural operations until, the property owner decides to stop farming and sell the land to a developer. In addition, the existing commercial uses, such as convenience stores, will be designated as they currently are. Prior to any annexation, Public Hearings will be conducted to identify the land use and zoning of each parcel in the annexation area. The property owner will receive a notification of each Public Hearing by mail. Taxes With annexation to the City of La Quinta your property taxes will remain the same. Proposition 13 prohibits property tax increase and Proposition 218 would require a vote of the residents of the City before any special taxes such as lighting and landscape tax, utility tax, or income tax, could be implemented. Code Enforcement The City of La Quinta has made Code Enforcement/Animal Control a high priority. We have adopted and enforced strong public nuisance codes, which include regulations pertaining to lot cleaning, debris and junk removal, animal control, abandoned vehicles and illegal dumping. We have strong community support and commitment for these regulations which apply to all areas of our City. In La Quinta, aesthetics are of major importance. 260 CAMy Documents\WPDOCS\Annexation Survey.wpd 06 Trash Collection La Quinta has a mandatory trash collection program. This has helped clean up the City and also reduces illegal dumping. Our trash collection program is provided by Waste Management of the Desert. Payment is assessed annually and collected on the Property Tax Bill. The current residential rate is $1 19.00 per year. Public Safety - Police and Fire Protection The City contracts with Riverside County for law enforcement services. Comprehensive 24-hour Police services are provided with a combination of sworn personnel and Community Service Officers. Fire prevention and fire suppression services are also provided by the County with paid employees and volunteer personnel. The City of La Quinta has achieved a much higher level of police and fire service than was provided by the County. Public Utilities The City of La Quinta does not provide the placement of these services and is not directly involved. Utility services are provided by the following: • Water/Sewer • Gas • Telephone • Electricity Education Coachella Valley Water District Southern California Gas Company General Telephone Company Imperial Irrigation District The City has actively supported schools in La Quinta. We have assisted in the funding of schools and related facilities with both Desert Sands Unified School District and Coachella Valley Unified School District. Agricultural Buildings The City has adopted the Uniform Building Code which requires a permit for all structures including agricultural buildings. The City does not have a mail -in permit process. Existing Water Wells The City does not preclude the use of individual, landscape, or agricultural water wells. The Coachella Valley Water District is the Agency that might have regulatory authority. CAMy Documents\WPDOCS\Annexation Survey.wpd 07 Grand Fathering of Existing Uses The City of La Quinta has provisions for land uses, lots, and structures which were lawfully established before annexation, but which do not conform to the City regulations. In summary, a nonconforming (existing use) can remain, but may not be expanded, can be restored if damaged or destroyed by fire or earthquake, and can be sold. However, if the use stops functioning for more than one year, or not replaced if destroyed within the same period, the use cannot be re-established. Home Businesses The City provides for home occupations. However, they cannot be approved if they generate customers to the residents. Expressly, medical, dental, or similar occupations are not permitted. The intent of these regulations is to not change the residential character of the neighborhood by allowing the intrusion of a commercial use. A permit and business license are required. Business License The City does require commercial uses to obtain a yearly business license. The cost is determined upon the activity and gross receipts. RV Storaae Currently, the City has two provisions for the storage of RV's, boats, and trailers. One requires them to be screened and the other permits them to be parked in the front yard. With input of the property owner, the City would review these regulations relating to any annexed area. Equestrian Property Currently, the City regulations permit two horses on one acre plus three horses for each additional acre for personal use in the Equestrian Overlay District (EOD). In addition, in the EOD a Conditional Use Permit can be issued to permit commercial stable and riding academies. The City currently has two Equestrian Overlay Districts. Southern Coachella Valley Community Services District Most of the area to the south and southeast is within this District. The District funds supplemental law enforcement and solid waste. The city is currently reviewing the implementation of the District upon annexation with the options of retaining that option of the District for City implementation or detaching completely from the District. h CAMy Documents\WPDOCS\Annexation Survey.wpd p 0 A majority of the property under consideration for annexation is within this Redevelopment District. The city will need to negotiate implications with the County. This will not have any financial affect on the property under consideration. Federal Empowerment Zone When property is annexed that is currently in the Empowerment Zone, the benefits would be eliminated according to Riverside County. Generally the entire area east of La Quinta is in this Zone. Enterprise Zone Annexation of property within the Enterprise Zone would require the City to become a member, with no changes to the incentives currently received by the property owner. The area is generally east of Van Buren Street. Hopefully, the information contained in this document answered your questions. Should you need more information, please contact Tom Genovese, City Manager or Jerry Herman, Community Development Director at 777-7000. We wish to reach out to you in the spirit of friendship, cooperation, and yes, mutual advantage. Together let us work to carefully plan our future and to fulfill our destiny. Sincerely, JOHN J. PENA, Mayor Stanley Sniff, Mayor Pro Tern Terry Henderson, Council Member Don Adolph, Council Member Ron Perkins, Council Member C:\My Documents\WPDOCS\Annexation Survey.wpd U g MMI 06 oll, 01 '�`� 5`� "fit `� �,��{ '`! � � i o-�. w, 4 t� �� f y. �' ,.�,3*�t{ 1 ✓"F�+ 1 t � mrk Q TAtyl 4 44" COUNCIL(RDA MEETING DATE: June 6, 2000 rTFM TITLE: Consideration of a Resolution Declaring the City's Intent to Order the Construction of Certain Improvements and to Form Assessment District No. 2000-2 (Utility Undergrounding), a Resolution Preliminarily Adopting and Approving the Engineer's Report and Appointing a Time and Place for Hearing Protest to Improvements in the Proposed Assessment District No. 2000-2 (Utility Undergrounding), and Approve the Plans and Specifications and Authorize Staff to . Bid the Improvements for the Utility Undergrounding AGENDA CATEGORY: BUSINESS SESSION: -5 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and file the Petition (Attachment 1) signed by more than five owners of assessable land which own land constituting more than one-half of the area of all assessable lands within the proposed assessment district; and Receive and file a Certificate of Sufficiency (Attachment 2) executed by the City Clerk indicating that the petition was signed by requisite numbers of qualified signers; and Adopt a Resolution of the City Council declaring its intention to order the construction of certain improvements and to form Assessment District No. 2000-2 (Utility Undergrounding); and Adopt a Resolution of the City Council preliminarily adopting the Engineer's Report and appointing the time and place for hearing protests; and Approve the plans and specifications and authorize staff to bid the Utility Undergrounding project. All of the costs for the street improvements including curb and gutter, new street surfacing and storm drains, will be funded through the Redevelopment Agency (RDA) Project Areas No. 1 and No. 2. 27 4: T:\PWDEPT\COUNCIL\2000\000606b.wpd RDA Project Area No. 1 funding will fund street improvements for the Village Commercial area, which includes Avenida Montezuma around the existing Francis Hack Park, Calle Estado, Avenida La Fonda (from Desert Club Drive to Avenida Bermudas), and the Cove Residential area bounded by Calle Sinaloa, Eisenhower Drive, Calle Tampico, and Washington Street. RDA Project Area No. 2 funding will finance the Westward Ho street Improvements east and west of Jefferson Street, north of the Whitewater Channel, south of Westward Ho Drive and east of Roadrunner Lane including Vista Grande, and improvements to Sagebrush, Bottlebrush, and Saguaro. Improvements are proposed to the existing water system within the Village Commercial area, the Village Residential area, and Westward Ho. These improvements will be funded entirely by Coachella Valley Water District (CVWD). The proposed public sewer within Phase VIA - Village Commercial Area, Phase VIB - Cove Area, Phase VIC - Westward Ho, and Phase VID - Saguaro, Sagebrush, Bottlebrush will be borne by the property owners benefitting from the improvements within Assessment District 2000-1 boundaries. Assessment District 2000-1 includes all costs associated with the design, construction, bond issuance, debt service, trust agreement, and administrative expense for the public sewer. The undergrounding of utilities is proposed for the Village Commercial Area (modified) and the Westward Ho Area. All costs associated with the design, construction, bond issuance, debt service, trust agreement, and administrative expense for the utility undergrounding will be borne by the property owners benefitting from the improvements within Assessment District No. 2000-2 boundaries. These improvements are being partially funded by RDA funds and therefore must be bid specifying prevailing wage requirements. Therefore, there are no Charter City impacts. On July 7, 1998, the City Council approved Fiscal Year 1998/1999 through 2002/2003 5-year Capital Improvement Program (CIP). As part of this program, Phase VI improvements were identified as follows: Phase VI A - Village Commercial Area Phase VI B - Cove Area Phase VI C - Westward Ho Phase VI D - Saguaro, Sagebrush, Bottlebrush 2 7 T:\PWDEPT\COUNCIL\2000\000606b.wpd 002 According to Bond Counsel and the Assessment Engineer, a petition is required with signatures of property owners that own more than 50% of the land area to form an undergrounding district for utilities. If this does not occur and an Assessment District is formed, the City would be required to pay 50% of all of the costs. In January and February 2000, a number of workshops were conducted with the property owners of Phase VI A - Village Commercial, Phase VI B - Cove Area, Phase VI C - Westward Ho, and Phase VI D - Saguaro, Sagebrush, Bottlebrush. During those meetings, proposed assessments were discussed as well as petitions to provide the property owners the opportunity of placing overhead utilities underground. The areas proposed for the undergrounding of the utilities were Phase VI A - Village Commercial, Phase VI C - Westward Ho, and Phase VI D - Saguaro, Sagebrush, Bottlebrush. During the February 15, 2000 City Council Meeting, the results of the petitions were revealed to the City Council. In Phase VI A - Village Commercial, only 6.8% of the total land area affected by the proposed utility undergrounding district petitioned in favor of the utility undergrounding district. Phase VI C - Westward Ho submitted petitions totaling 44.1 % of the total land area in favor of the utility undergrounding district. Phase VI D - Saguaro, Sagebrush, Bottlebrush submitted petitions totaling 17.4% of the land area in favor of forming a utility undergrounding district. During the February 15, 2000 City Council meeting, the City Council adopted a Resolution declaring the City's intent to order the construction of certain improvements and to form Assessment District 2000-1 (Phase VI Improvements) for the public sewer assessments. City Council did not approve going forward with the steps required to form a utility underground district since the required amount of owners signatures on the petition were not received. During the February 15, 2000 City Council Meeting, the City Council also directed staff to conduct meetings with the affected property owners of Phase VI A, B, C, and D to inform them of the City Council's decision, balloting process, and the RDA's Sewer Hookup/Assessment Subsidy Program. During the meetings with the property owners, property owners of Westward Ho and the Village Commercial area stated their interest in recirculating petitions within their areas in an attempt to establish an overlying assessment district to place utilities underground. In Phase VI A - Village Commercial area, commercial property owners met with representatives of Korve Engineering to reestablish new boundaries for the undergrounding of utilities within the Village Commercial area. These boundaries are as follows: 2 7 `t T:\PWDEPT\COUNCIL\2000\0006066.wpd 003 Beginning at a point at the intersection of Avenida Navarro and the south boundary line of Calle Tampico, extending southerly along the centerline of Avenida Navarro to the intersection of the centerline of Avenida Navarro and Avenida Montezuma, thence continuing easterly along the centerline of Avenida Montezuma to Avenida Bermudas, extending southerly from the intersection of Avenida Montezuma and Avenida Bermudas to the intersection of Avenida Bermudas and Calle Cadiz, extending along the centerline of Calle Cadiz in an easterly direction to the intersection of Calle Cadiz and the easterly boundary of the parcel on the east frontage of Desert Club Drive, from that point, extending northerly along the east property line of all parcels along Desert Club Drive (eastside) to the south right-of-way line of Calle Tampico then extending along the southern right-of-way line of Calle Tampico in a westerly direction back to the point of origin on the centerline of Avenida Navarro. Included as Attachment 3 is a map indicating the modified boundaries for the proposed overlying assessment district for undergrounding utilities in Phase VI A - Village Commercial area. The total land area affected by the proposed modified boundaries of the Phase VI A area is 715,611 square feet. On March 24, 2000, the City received the petitions with signatures from property owners in the Phase VI A area representing 330,517 square feet. This represents 46.19% of the total land area. The RDA property within the proposed modified boundaries represents 49,657 square feet. On March 24, 2000, the City received petitions from the property owners of Phase VI C - Westward Ho that are affected by the proposed additional assessment district for undergrounding utilities. The total land area affected by the proposed undergrounding of utilities in Phase VI C Westward Ho is 2,732,882 square feet. The total amount of land area represented on the petition is 1,666,138 square feet. This equates to approximately 61 % of the total land area affected by the proposed additional assessment district for undergrounding utilities in Phase VI C. On April 4, 2000, the RDA approved the RDA's participation to begin the process of establishing an overlying assessment district (over portions of Assessment District No. 2000-1) to place utilities underground in the Village Commercial Area and authorize the Chair of the RDA to sign the petition indicating the RDA's support of beginning the process to establish an overlying assessment district to place utilities underground in portions of the Village Commercial Area. By the RDA's approval, the total signatures on the petition represented a land area of 380,174 square feet. This represented 53.13% of the total land area, which was sufficient to begin the process for the establishment of an undergrounding utility district. On April 4, 2000, the City Council directed the Assessment Engineer of Record to begin preparation of the Engineer' Report for the proposed overlying assessment district for undergrounding utilities for the areas as follows: 2 ( J 1M T:\PWDEPT\COUNCIL\2000\000606b.wpd "Phase VI A Village Commercial Area (modified)" "Phase VI C - Westward Ho" The City Council also directed the Design Engineer to complete plans, specifications, and cost estimates to place utilities underground in those areas. As previously reported by the City's Bond Counsel during the February 15, 2000 City Council Meeting, it is not recommended to issue bonds for a small project. The cost of the bond issuance may make the project economically unadvisable when compared to the benefits received. According to Bond Counsel, the bond issuance costs for projects under $1 million are economically unadvisable due to the high percentage of soft costs and bond issuance costs as compared to the actual construction costs for the project. The additional cost of bond issuance impact is not as great for projects in excess of $1 million. The engineers estimate for the utility undergrounding in Phase VIA - Village Commercial Area (modified) and Phase VIC - Westward Ho is approximately $1 .3 million before any possible prepayments. This estimate does not include the soft costs. Korve Engineering, the Engineer of Record, worked with IID in deriving these estimates. The purpose of an Assessment District is to enable the property owners to pay for public improvements in accordance with City and State policies. A bond issue would be sold to raise funds to pay for the public improvements. The bonds are for fifteen years, which would require the property owners to make payments through their semiannual County Property Tax payments. The amounts collected by the County would be forwarded to the City, which in turn would pay the Bond Trustee the annual debt service payments. The payment assessments would be a lien on the property and the City would be required to commence foreclosure procedures against the property owner who becomes delinquent on an annual payment. The bonds are not debts of the City from a legal standpoint; however, the City is required to provide administrative oversight for the life of the bond. If the City Council moves forward with creation of the assessment district, the first step is to declare the City's intention to order the construction of certain improvements and perform Assessment District No. 2000-2. The second step is to approve the Engineer's Report and set a time and place for the protest hearing. The proposed Resolution attached to this staff report establishes the Public Hearing and Ballot Count for August 1, 2000. 005 T:\PWDEPT\COUNCIL\2000\000606b.wpd Step three would be to approve plans and specifications and authorize bids. A bid opening is anticipated on July 17, 2000. The bid opening is scheduled to occur prior to the August 1, 2000 proposed Public Hearing and Ballot Count. This is to provide actual numbers and to verify the estimate utilized in the Engineer's Report that establish assessments. If the bids are lower than the assessments, the assessments may be adjusted accordingly prior to placement on the tax rolls. If the bids are higher, then the City Council may wish to adjust the costs of the assessment spread and begin the process of a new assessment ballot, or identify other funding to compensate for the shortfall. The bid is structured so the City Council may award all or parts of the bid, or may reject all bids depending on the outcome of the Public Hearing and tabulation of the assessment ballot proceedings. The preliminary schedule indicates that assessment ballots will be mailed to the property owners no later than June 9, 2000. The Public Hearing to count assessment ballots and establish assessments may not occur until a forty-five(45) day time period has ended from the date of the assessment ballot mailings. The Public Hearing is scheduled for August 1, 2000. With this schedule, an acceptable bid, and a positive assessment vote, Notice to Proceed for construction is anticipated by the end of October 2000. The proposed Assessment District No. 2000-2 is a singular areawide district comprised of two zones identified as follows: Phase VIA - Village Commercial Area (modified) Phase VIC - Westward Ho In order to begin the steps to perform a utility undergrounding assessment district, petitions must be received representing more than 50% property owner approval by land area. After this is achieved, an assessment report is completed; however, assessments are not put into place until the balloting process is completed and ballots are tallied. The assessment vote is based on the cost for each parcel for the undergrounding of utilities. Therefore, the votes are weighted by individual parcel costs and not by land area for the actual balloting procedure. If more than 50% of the Ballots received (by valuation) within the areawide Assessment District are in favor of the Assessment District, then the City may form the Assessment District for the improvements. Agreements are required with utility companies approving the method and payment of the undergrounding work. These agreements are anticipated to be completed by mid July 2000. Upon adoption of the Notice of Intention, the City Council may schedule the Public Hearing for tabulation of ballots for August 1, 2000. It is anticipated that bonds will be sold in September/October 2000 and a Notice to Proceed with construction occurring some time in October 2000. 006 T:\PWDEPT\COUNCIL\2000\000606b.wpd This report has been reviewed by Mr. Bill Marticorena of Rutan and Tucker, Bond Counsel, for the Phase VI Assessment District. The Engineer's Report for Assessment District No. 2000-2 will be placed on file with the City Clerk on Monday, June 5, 2000. The alternatives available to the City Council include: 1 . Receive and file the Petition (Attachment 1) signed by more than five owners of assessable land which own land constituting more than one-half of the area of all assessable lands within the proposed assessment district; receive and file a Certificate of Sufficiency (Attachment 2) executed by the City Clerk indicating that the petition was signed by requisite numbers of qualified signers; adopt a Resolution of the City Council declaring its intention to order the construction of certain improvements and to form Assessment District No. 2000-2 (Utility Undergrounding); adopt a Resolution of the City Council preliminarily adopting the Engineer's Report and appointing the time and place for hearing protests; and approve the plans and specifications and authorize staff to bid the Utility Undergrounding project; or 2. Do not receive and file the Petition (Attachment 1) signed by more than five owners of assessable land which own land constituting more than one-half of the area of all assessable lands within the proposed assessment district; do not receive and file a Certificate of Sufficiency (Attachment 2) executed by the City Clerk indicating that the petition was signed by requisite numbers of qualified signers; do not adopt a Resolution of the City Council declaring its intention to order the construction of certain improvements and to form Assessment District No. 2000-2 (Utility Undergrounding); do not adopt a Resolution of the City Council preliminarily adopting the Engineer's Report and appointing the time and place for hearing protests; and do not approve the plans and specifications and authorize staff to bid the Utility Undergrounding project; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Volt Public Works Director/City Engineer Approved for submission by: 2 i' Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2000\000606b.wpd 007 Attachments: 1. Petition 2. Certificate of Sufficiency 3. Boundary Map T:\PWDEPT\COUNCIL\2000\000606b.wpd RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 2000-2 (PHASE VI UNDERGROUND UTILITY IMPROVEMENTS) WHEREAS, in accordance with the provisions of Section 5896 of the California Streets and Highways Code, at least five owners of more than 50 percent in area of the property subject to assessment for the proposed construction of certain improvements hereinafter described (the "Improvements") have petitioned for the construction in proceedings to be taken by the City Council of the City of La Quinta (herein referred to as the "City") pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California (herein referred to as the "1913 Act") and for the issuance of bonds in the proceedings under the Improvement Bonds Act of 1915 (the "1915 Act") (collectively the "Acts"); and WHEREAS, all proceedings required by the provisions of Division 4 of said Streets and Highways Code (being the Special Assessment Investigation, Limitations, and Majority Protest Act of 1931, Streets and Highways Code Sections 2800-3012) (the "1 931 Act") will be complied with, if necessary, pursuant to the Alternative Proceeding's provisions of Sections 2960 et seq, thereof, and WHEREAS, it appears to the City Council that an assessment district should be formed to finance the installation of said improvements under the provisions of the Acts; and WHEREAS, the proposed territory and boundaries of such assessment district are shown on a map, which map is designated "Boundary Map for Assessment District No. 2000-2 (Phase VI) (herein referred to as "Map"), has been presented to the City Council for approval and is on file in the Office of the City Clerk; and WHEREAS, Willdan Associates, the Engineer of Work (the "Engineer of Work"), is competent to make and has filed with the City Clerk the report with regard to the improvements, which report is required by the Acts to be made and filed; and WHEREAS, before ordering the Improvements, the City Council is required, under the Acts, to adopt a resolution declaring its intention to do so. 9 Resolution No. 2000- Assessment District No. 2000-2 Phase VI Underground Utility Improvements NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. This City Council hereby finds and declares that the public interest and necessity require the construction of the Improvements, as hereinafter described and this City Council hereby declares its intention to order the Improvements and to form an assessment district covering the real property benefitted by said Improvements. SECTION 2. The proposed assessment district shall be designated "Assessment District No. 2000-2 (Phase VI Underground Utility Improvements). SECTION 3. The Map, which indicates by a boundary line the extent of the territory included in said proposed assessment district, and the individual zones thereof, is hereby declared to describe the proposed boundaries of "Assessment District No. 2000-2 (Phase VI Underground Utility Improvements)," and shall govern for all details as to the extent of said assessment district. SECTION 4. The Clerk of the City is hereby directed to endorse her certificate on the original of the Map evidencing the date and adoption of this resolution and to file said Map in her office, and to file a copy of said Map so endorsed with the County Recorder of Riverside County, California within fifteen (15) days after the adoption of the resolution fixing the time and place of hearing on the formation and extent of the assessment district. SECTION 5. The Improvements which the City Council intends to order are the construction of certain underground utility system improvements, appurtenances, the acquisition and construction of necessary public rights -of -way, and all appurtenant work in connection therewith in. certain streets and other public easements as provided in the Engineer's Report. SECTION 6. Pursuant to Section 4 of Article XIIID of the Constitution of the State of California, parcels within the assessment district that are owned or used by any local agency, the State of California or the United States shall not be exempt from assessment, unless it can be demonstrated by clear and convincing evidence that such publicly -owned parcels in fact receive no special benefit from the Improvements. Resolution No. 2000- Assessment District No. 2000-2 Phase VI Underground Utility Improvements SECTION 7. Notice is hereby given that serial bonds to represent unpaid assessments, which bear interest at a fixed or variable interest rate of not to exceed twelve percent per annum or such higher maximum interest rate of not to exceed twelve percent per annum or such higher maximum interest rate as may be permitted by law, will be issued hereunder in the manner provided in Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not to exceed 39 years from the second of September next succeeding twelve (12) months from their date. The alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 1 1.1 of Division 10 of the Streets and Highways Code shall apply herein. Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual proportion of the principal amount shall mature each year. SECTION 8. The City Council further hereby declares that it is its intention to covenant that, upon default of certain assessment payments due (except under circumstances to be specified in the resolution issuing the bonds or a related resolution), it will commence foreclosure proceedings by November I of each year, as permitted by Section 8830(b) of the Streets and Highways Code and as provided by further resolution of this City Council. SECTION 9. The City Council further declares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City and for other advances contemplated to be made by the City under Part 13 of Division 10 of the Streets and Highways Code. SECTION 10. The City Council hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the Improvements are constructed, the surplus shall be applied as a credit on the assessment, unless the City Council hereafter otherwise provides by resolution, all in accordance with the provision of Section 10427 to 10427.2, inclusive, of the Streets and Highways Code. SECTION 1 1 . Whenever, in the Municipal Improvement Act of 1913 or in the improvement Bond Act of 1915, a notice, resolution, order or matter relative to said proceedings I for the work, acquisitions and improvements in said assessment district is required to be published, the City Clerk is hereby ordered to publish such notice, resolution or other matter in the Desert Sun which is hereby selected by the City Council for that purpose. Resolution No. 2000- Assessment District No. 2000-2 Phase VI Underground Utility Improvements SECTION 12. The City Council hereby appoints Willdan Associates, as the Engineer of Work, refers to the proposed construction and acquisitions to the Engineer of Work and directs the Engineer to make and file with the City Oerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. SECTION 13. Pursuant to Streets and Highways Code Section 8769, this City Council hereby determines that the City will not obligate itself to advance available funds from the City Treasury to cure any deficiency which may occur in the Redemption Fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. SECTION 14. The City Council further declares that the bonds issued for Assessment District No. 2000-2 (Phase VI Underground Utility Improvements) shall be refundable in accordance with the provisions of the "Refunding Act of 1984 for 1915 Improvement Act Bonds." SECTION 15. Pursuant to the provision of the authority granted by the Acts, the City Council hereby determines and declares that, in its opinion, the public interest will not be served by allowing any owner of property located within the assessment district to be awarded any contract to be let under this proceeding and said property owners shall not be awarded any such contracts. SECTION 16. The City Council further declares that it is its intention to enter into agreements with certain public agencies and private utilities pursuant to Section 5896.9 of the Streets and Highways Code, regarding the construction and installation of the Improvements, the cost of which shall be assessed upon the real property benefitting therefrom and title to which shall vest, upon completion, in said public utilities. SECTION 17. The Engineer of Record is hereby authorized and directed to prepare a report and take the other actions required pursuant to Section 2961 of the 1931 Act. Resolution No. 2000- Assessment District No. 2000-2 Phase VI Underground Utility Improvements SECTION 18. Appropriate staff of the City is hereby authorized and directed to take such acts in furtherance of this resolution as may be necessary to accomplish the proceedings initiated herein. The Costs of such actions, if any, shall be advanced from the General Fund of the City or the City Redevelopment Capital Improvement Funds. Such advances, if any, shall be reimbursed to the General Fund from the proceeds of bonds to be issued hereunder. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting held on the 6th day of June, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) 28 x l?) Resolution No. 2000- Assessment District No. 2000-2 Phase VI Underground Utility Improvements APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 280- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE ENGINEER'S REPORT AND APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2000-2 (PHASE VI UNDERGROUND UTILITY IMPROVEMENTS) WHEREAS, the City Council of the City of La Quinta by a Resolution heretofore adopted by the City Council on June 6, 2000, declared its intention to make the improvements in Assessment District No. 2000-2 (Phase VI Underground Utility Improvements) (the "Assessment District"), therein described; and WHEREAS, the City Council in and by the resolution referred the proposed improvements to the Engineer of Work (the "Engineer"), and directed the Engineer to make and file with the City Council a report containing the matters specified in Section 10204 of the Streets and Highways Code; and WHEREAS, the Engineer has on this date filed with the Clerk of the City his report in writing containing the matters specified in Section 10204 of Streets and Highways Code, including the following: a. Plans and specifications of the proposed improvements if the improvements are not already installed; b. A general description of the property necessary or convenient for the operation of the work and improvements and of the property to be acquired as a part of the improvements; C. An estimate of the cost of the proposed improvements and acquisitions and incidental expenses in connection therewith; d. A diagram showing the Assessment District, and zones thereof, and the boundaries and dimensions of the subdivisions of land within the assessment district as they existed at the time of passage of the resolution, each of which subdivisions has been given a separate number upon the diagram, and showing the relative location of the parcels of land to the work proposed to be done and the improvements to be made; e. A proposed assessment of the total amount of the cost and expenses of the improvements distributed and allocated upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvements. 2833 124/015610-0036 77179.01 a05/11/00 014 WHEREAS, the report has been duly presented by the Clerk of the City for consideration and has been fully considered by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 1. The report, including the plans, specifications, general descriptions, estimate of the cost of acquisitions and improvements and incidental expenses in connection therewith, diagram and proposed assessment, are hereby preliminarily adopted, confirmed and approved. 2. Tuesday, the 1" of August, 2000 at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers of the City Council, located at 78-495 Calle Tampico, La Quinta, California, is hereby fixed as the time and place for hearing protests to the proposed improvements and/or acquisitions. 3. RIGHT TO SUBMIT WRITTEN PROTEST AND/OR BALLOT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, ANY AND ALL PERSONS HAVE THE RIGHT TO FILE A PROTEST AS DESCRIBED BELOW. IN ADDITION, EACH RECORD OWNER OF PROPERTY PROPOSED TO BE ASSESSED HAS THE RIGHT UNDER THE PROVISIONS OF ARTICLE XIIIC OF THE CONSTITUTION OF THE STATE OF CALIFORNIA TO SUBMIT A BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED ASSESSMENT. PROTEST PROCEDURE ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN ONE-HALF OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE OF FOUR -FIFTH'S (4/5ths) OF THE MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HEALTH AND SAFETY REQUIRE THE IMPROVEMENTS. BALLOT PROCEDURE BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH 8 124/015610-0036 77179.01 a05/11/00 -2 015 BALLOT AND THEREBY INDICATE THEIR SUPPORT OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE COMMENCEMENT OF THE SECOND PUBLIC HEARING. CITY CLERK CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT IF NOT RECEIVED THEREBY. AT THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT OR A PARTICULAR ZONE THEREOF. A MAJORITY PROTEST EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC HEARING, BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT OR A PARTICULAR ZONE THEREOF EXCEED THE BALLOTS SUBMITTED IN FAVOR OF SUCH ASSESSMENT OR A PARTICULAR ZONE THEREOF. IN TABULATING THE BALLOTS, THE BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY. 4. The City Clerk is directed to cause notice of the hearing for protests to be mailed in accordance with Section 10301 of the California Streets and Highways Code and Government Code Section 54954.6. 5. The Boundary Map for the Assessment District is hereby approved and the Superintendent of Streets (Director of Public Works) and City Clerk are hereby directed to record said map in the records of the Riverside County Recorder's Office as required by Streets and Highways Code Section 3113. 283 124/015610-0036 77179.01 a05/11/00 -3- PASSED AND ADOPTED by the City Council of the City of La Quinta at a regular meeting held on the 6th day of June, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney City of La Quinta, California JOHN J. PENA, MAYOR City of La Quinta, California 28o 124/015610-0036 77179.01 a05/11/00 -4- 017 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, June S. Greek, City Clerk of the City of La Quinta, DO HEREBY CERTIFY that the foregoing Resolution No. is a full, true and correct copy as adopted by the City Council on June 6, 2000. Dated: JUNE S. GREEK, City Clerk City of La Quinta, California 124/015610-0036 77179.01 a05/11/00 -5- 018 ATTACHMENT 1 PETITION FOR FORMATION OF ASSESSMENT DISTRICT - CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA A - VILLAGE We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, the underground conversion of certain overhead utilities (the Project'). The boundaries of the District shall be 100 feet east of Desert Club Drive on the east side; Calle Cadiz on the south; Avenida Bermudas on the west between Calle Cadiz and Avenida Montezuma; Avenida Montezuma between Avenida Bermudas and Avenida Navarro; Avenida Navarro on the west; and Calle Tampico on the north side. The attached exhibit shows the boundaries. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the'Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. Signature Printed Name Address V 71Y v 7,,f - c-)3 2 Assessor Parcel Number 773 -03.3 Assessor Parcel Number Assessor Parcel Number Telephone Number - 020 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA A - VILLAGE We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act'), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, the underground conversion of certain overhead utilities (the Project"). The boundaries of the District shall be 100 feet east of Desert Club Drive on the east side; Calle Cadiz on the south; Avenida Bermudas on the west between Calle Cadiz and Avenida Montezuma; Avenida Montezuma between Avenida Bermudas and Avenida Navarro; Avenida Navarro on the west; and Calle Tampico on the north side. The attached exhibit shows the boundaries. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. Signature Printed Name I/'/ 6x�� (ol Address 77o ♦Z.1 002. - / '770 <2-1 003 s' Assessor Parcel Number 770 Ia3 oo l - `T 79c 12Y nos - 6 Assessor Parcel Number 770 /Z1 001 --7 Assessor Parcel Number X 0 - -W'/ - 141'x- Telephone Number 6 63 9'1- ya10 n 021 PETITION FOR FORMATION OF ASSESSMENT DISTRICT - CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA A - VILLAGE We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act (1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, the underground conversion of certain overhead utilities (the Project"). The boundaries of the District shall be 100 feet east of Desert Club Drive on the east side; Calle Cadiz on the south; Avenida Bermudas on the west between Calle Cadiz and Avenida Montezuma; Avenida Montezuma between Avenida Bermudas and Avenida Navarro; Avenida Navarro on the west; and Calle Tampico on the north side. The attached exhibit shows the boundaries. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent. By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. Signature Printed Name '71r6°'eo-'kOW9 Address yq -�-v // A91q -77 ee? 3--z Assessor Parcel Number Assessor Parcel Number Assessor Parcel Number 5-�;4e�'� q-/" Telephone Number 29 022 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA A - VILLAGE We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act'), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, the underground conversion of certain overhead utilities (the Project°). The boundaries of the District shall be 100 feet east of Desert Club Drive on the east side; Calle Cadiz on the south; Avenida Bermudas on the west between Calle Cadiz and Avenida Montezuma; Avenida Montezuma between Avenida Bermudas and Avenida Navarro; Avenida Navarro on the west; and Calle Tampico on the north side. The attached exhibit shows the boundaries. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent. By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. Signature Printed Name 2M'o Address 761 -t01 -0[(0 -5 Assessor Parcel Number --Aof-►r)I -vl& f Assessor Parcel Number Js Lo I -01i - 3 Assessor Parcel Number Telephone Number 29 K 0?3 Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a f#ccal impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sian r' r a e C� m cr G =ass w� ��va� hp A. Jt Vt c S/ Vl 71- 77,' '� p N SI l � ry i W 11i Co.I m 2 % �{—C61 ane e ( c � e4ward qo V� C) -IfEi 'DAl,t, 16 d ,� - sus s�L) n0 0- Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a financial impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sign 910- ;� �,2 �� psis- 'Z C % 1 ri R, ' Lae 6)4 ✓ �6nn�+ �fttfflkvom�('4 JR � y Cq All. %,1,4 Nv1 A p-1/1N INOgW N 7?- k�Rq 7 2agTA OR, spe l3 2 -IC n r; fi 025 1�� Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a f nieM- impact and are willing to accept the results of the city estimates, as attached. F' N "c - Z Print Name Address Sign ROSE ,eg /J/oL,DS 79 — 1S 11,ORSESf�oE YS C ou S 7, ru #qL u asc 7y - 7eO �` o�Sc�s vcrzaz VMl�vl OJ40"az r- �V T7 q 9 'z' I? /L O'e' i2el A�o Lf 9=1&—( JILI r7-G%/D 'Tvle- S o J,� IV A R T� 23 ITT L cos 4=��- 02G Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a finical impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sign J L L,F 4'e W4 w N 0 cem- c-0- {�a.a., r. f J 1 i Gam' �J s �Yt61LJ1 11�Y�+� A� L_ a 57 CO Iv rvI. I / f` ` 4l �- �� J ✓ r^`1 T LCi `1 t.�% �L' v�,- ,Lz rL <. \. O �. 7 5- 027 Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a financial impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sian ok m N (; -ti t5 1 ; E aIL" -- u I l to U 7% vlee n 9 21ACI LIolu'1 Ln v/ a//L) POPj(4ieF 7q&7c eve -mL Lk) L r - `ff - 3d l 4�1 ble�— IV6 028 Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a finical impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sign `Te ' 2 S c V �f4 029 Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a financial impact and are willing to accept the results of the city estimates, as attached. Print Name Address Sign A//117//9 3UA U30 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) - AREA C - WESTWARD HO We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, sewers, underground utilities, perimeter walls, and the underground conversion of certain overhead utilities (the Project"). A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the District shall be those referred to in a plat or map on file in the office of the City Cleric which shall indicate by a boundary line the extent of the territory included in th2 District, and shall govern for all details as to the extent of the District. r By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent. By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. In addition to the execution of this Petition in the place provided herein, please indicate which, if any, categories of improvements you are requesting by checking the appropriate box or boxes. The specific description of the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto: �j Sewer Improvements. ,27- l� Underground Utility Conversions. Signatu J. Donald Olson Printed Name 78615 Naples Drive Address La Quinta, CA 92553 Zone No. C 04-v:61PY'lAre"w fAMEX 1FNAZ4'r*J4 (760)772-0222 Telephone Number 30A- 031 r Lti- i u-euuu i nu u-), o i rn 0I1LLLZm3ru%ur a r nn AV. 1 I F a+V ICI%JW I A. • - w . I wr. I . . "-4 L 1.34'A'40 I riMrw , , , — - • -0 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO.20004 (PHASE VI IMPROVEMENTS) AREA C - WESTWARD HO We, the undersigned, do hereby p9dUM the City Cmd of the City of La QWnte ( the "City? pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act (01931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000.1 (Phase VI Improvements) (the 'Districr'), and one or more zones of benefit thereof, for the purpose of constriction and/or acquiring certain public Improvements Including, without limitation, seems, underground ubil'itles, perimeter walls, and the underground conversion of certain overhead utilities (the Project. A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the 013W shall be those referred to in a plat or map on file in the office of the City Cleric which shall indicate by a boundary line the extent of the territory included in the District, and shall govem for all details as to the extent of the District By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and Me Improvements and the assessments conheired in all zones of benefit may or may not be equivalent By executing this Petition, you are requesting that the improvements described herein, including the uttlihr undergrounding conversion, If applicable, be performed as provided by Streets and Highways Code Section 6896.5. In addition to the execution of this Petition in the place provided herein, please Indicate which, if any, categories of improvements you are requesting by checking the appropriate box or boxes. The specific description of the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto: 0 Sewer Improvements. 0 Underground Utility Conversions. INDIA PRING LAND CO ANY, LLC -I'l[-'1-'e11 Signs ROGER SNELLENBERGER MANAGING MEMBER Printed Name 78-615 Naples Drive 2 Address Telephone Number La Quinta, CA 92253 3U Zone No. 032 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) - AREA C - WESTWARD HO We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, sewers, underground utilities, perimeter walls, and the underground conversion of certain overhead utilities (the Project"). A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the District shall be those referred to in a plat or map on file in the office of the City Clerk which shall indicate by a boundary line the extent of the territory included in the District, and shall govern for all details as to the extent of the District. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent. By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. In addition to the execution of this Petition !p .loe place provided herein, please indicate which, if any, categories of improvements( your are requesting by checking the appropriate box or boxes. The specific description of -the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto: Sewer Improvements. Underground Utility Conversions. Signature Printed Name Address Telephone Number Zone No. 6 ��' D �� _a!z 033 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA C - WESTWARD HO We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City) pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District'), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, sewers, underground utilities, perimeter walls, and the underground conversion of certain overhead utilities (the Project'). A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the District shall be those referred to in a plat or map on file in the office of the City Clerk which shall indicate by a boundary line the extent of the territory included in the District, and shall govern for all details as to the extent of the District. " By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if properly approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent. By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. In addition to the execution of this Petition in the place provided herein, please indicate which, if any, categpries of improvements you are requesting by checking the appropriate box or boxes. The specific description of the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto: Sewer Improvements. Underground Utility Conversions (� L1 _ck Signature COU-01 F�aCfc, Printed Name 4 - 17.s J Address 0A-- Zone No. hallo t-- Telephone Number y- 034 Petition for Assessment District We the undersigned would like the City of La Quinta to reconsider the vote taken that formed the current Assessment District No. 2000-1 (Phase VI Improvements). The current District deleted the undergrounding of the utilities. The vote that was sent to us was confusing and several property owners did not vote. We feel a new vote would have a different result, and would like to petition the City to reconsider. We understand the undergrounding of the Power, Telephone and Cable will have a financial impact and are willing to accept the results of the city estimates, as attached. Print Name „i� Address Sign V 4 d V[JcCNT 74, j A"3S ? D GA.) 67> TGUre t-f o �„� C� u�� (Sri.zzS3 � IOWM4 Kwom ?o�Ws k-o Ly Pj,,-Tp � H06; Sr5/ �-m;3 o -` p� CPI it f1 NZ T6N S ac-STWOW7`a 035 PETITION FOR FORMATION OF ASSESSMENT DISTRICT CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AREA C - WESTWARD HO We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "City") pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Act"), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), and one or more zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, sewers, underground utilities, perimeter walls, and the underground conversion of certain overhead utilities (the Project'). A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the District shall be those referred to in a plat or map on file in the office of the City Clerk which shall indicate by a boundary line the extent of the territory included in the District, and shall govern for all details as to the extent of the District. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and elections relating thereto, and if property approved, commence the Project and issue bonds for the financing thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5896.5. In addition to the execution of this Petition in the place provided herein, please indicate which, if any, categories of improvements you are requesting by checking the appropriate box or boxes. The specific description of the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto: Sewer Improvements. �Q Underground Utility Conversions. rp Signature -C w Printed Nam fqa 'Doe � A(33 Address Telephone Number 1710,,3AP-Sa1 g IA - Zone No. G 036 gElvb L l o 03/27/2000 17:45 7607777155 CITY OF LA QUINTA PAGE 03 _ PETITION FOR FORMATION OF ASSESSMENT DISTRICT RECEIVE [ I CITY OF LA QUINTA A SESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) MAR 17 Z" AREA C - WESTWARD HO PUBLIC WOR14 We, the undersigned, do hereby petition the City Council of the City of La Quinta ( the "CitY7 pursuant to Part 7.5 of the Special Assessment Investigations, Limitation and Majority Protest Act ("1931 Acr), and Section 5896.5 of the Streets and Highways Code to form Assessment District No. 2000-1 (Phase VI Improvements) (the 'District"), and one or more Zones of benefit thereof, for the purpose of construction and/or acquiring certain public improvements including, without limitation, sewers, underground utilities, perimeter walls. and the underground conversion of certain overhead utilities (the Projecr). A brief description of the Project and an estimate of the total costs of the Project to be financed by the District, broken down by proposed zones of benefit, is attached as Exhibit A hereto and incorporated herein by this reference. The boundaries of the District shall be those referred to in a plat or rasp on file in the office of the City Clerk which shall indicate by a boundary line the extent of the territory included in the District, and shall govern for all details as to the extent of the Cia�riet. By executing this Petition, you are indicating your desire that the City Council commence proceedings to form the District, conduct appropriate legal proceedings and •legions relating thereto, and if properly approved, commence the Project and issue bonds for the finandng thereof. The District may be formed with one or more zones of benefit and the improvements and the assessments contained in all zones of benefit may or may not be equivalent By executing this Petition, you are requesting that the improvements described herein, including the utility undergrounding conversion, if applicable, be performed as provided by Streets and Highways Code Section 5895.5. In addition to the execution of this Petition in the place provided herein, please Indicate which, if any, categpries of improvements you are requesting by checking the appropriate box or boxes. The specific description of the improvements mentioned below and their estimated costs for your zone of benefit can be located on Exhibit A hereto; C1 Sewer Improvements, Underground Utility Conversions. , $ store Priftted Name Address 9�zs- 3 *of No. 7%-7.5 JF3 Telephone Number 303" 037 ATTACHMENT 2 CERTIFICATE OF SUFFICIENCY ASSESSMENT DISTRICT 2000 - 2 CITY OF LA QUINTA In the matter of the petition for under -grounding of overhead utilities, I, City Clerk of the City of La Quinta have examined the attached petition(s) and have determined that: 1. The petition describes the proposed assessment district as provided in Section 5181 of the Streets and highways Code; and 2. Generally describes the proposed conversion; and 3. Requests that proceedings for such conversion be taken pursuant to Division 7 of the Streets and Highways Code; and 4. The petition is signed by five (5) or more property owners of assessable land in the proposed assessment district, as shown on the last equalized assessment roll used by the City, owning lands constituting more than one-half of the area of all assessable lands with the proposed assessment district. I HEREBY CERTIFY that the above statement is true and correct on this day of 2000. Clerk of the City Council City of La Quinta, California J38 "' 1 11 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE: Consideration of Contract Change Order STUDY SESSION: No. 4 to E. L. Yeager Construction Company for Rubberized Asphalt Overlay Associated with the PUBLIC HEARING: Washington Street Bridge Improvements, Project 98- 09 Approve a Contract Change Order (CCO) No.4 (Attachment 1) to provide and install rubberized asphalt on the Washington Street Bridge, north and south bound lanes, from Station 37 + 25 to Station 41 + 50, to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $53,610.00 and add 40 calendar days to the Contract. The following summarizes the proposed construction costs: Original Contract Amount Contract Change Order No. 1 Contract Changed Order No. 2 Contract ChangeOrder No. 3 Proposed CCO o. 4. Revised Contract Total $2,428,700.05 $ 131,383.00 $ 8,747.34 $ 16,415.97 $2,638,856.36 The available budgeted amount for construction is as follows: Construction: Contingency: Budget Available: $2,449,001.00 $ 244,900.00 $2,693,901.00 As can be seen, sufficient funding is available for this Change Order. 311 T:\PWDEPT\COUNCIL\2000\000606h.wpd The original contract awarded to E.L. Yeager Construction Company, Inc. included funding from the State and Local Transportation Partnership Program (SLTPP). Therefore, prevailing wages are required. For this reason, there are no charter city implications. This project provides for the widening of Washington Street from 500 feet south of the La Quinta Evacuation channel to Avenue 50, including the widening of the existing bridge across the channel from 40 feet to 96 feet. On June 22, 1999, the City Council awarded a contract to E. L. Yeager Construction Company, Inc. in the amount of $2,428,700.05 to construct Capital Improvement Project 98-09, Washington Street Bridge Widening, and approved the execution of a reimbursement agreement between the Imperial Irrigation District (IID) and the City for costs of certain improvements requested by IID. On June 22, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. The analysis was completed by Gordon Bricken & Associates, and the report was transmitted to the City Council on June 11, 1999. During the Study Session, the City Council directed staff to obtain a cost estimate from the successful low bidder of the Washington Street Bridge Project for grinding the top cap of asphalt on Washington Street from Avenue 50 north along the frontage of Montero Estates and on Avenue 50 from Washington Street west along the frontage of Montero Estates and placing a new top cap of rubberized asphalt. On December 7, 1999, the City Council appropriated an additional '$244,900.00 from City Infrastructure Funds for use as contingency for this project and approved Contract Change Order No.1 to provide and install rubberized asphalt on Washington Street, north and southbound lanes, from 320' south of the bridge to 1450' north of Avenue 50 (along the frontage of Montero Estates) and on Avenue 50 from 400' east of Washington Street to 900' west of Washington Street to E. L. Yeager for Project 98- 09, Washington Street Bridge Widening, in an amount not -to -exceed $131,383.00 and added 10 working days to the Contract. 002 T:\PWDEFIT\COUNCIL\2000\000606h.wpd Pursuant to City Council direction, City staff completed noise level studies at selected points within the Montero Estates tract fronting Washington Street and Avenue 50 before and after the placement of the rubberized asphalt overlay. These studies were completed by Gordon Bricken & Associates and reported to the City on April 10, 2000. According to Gordon Bricken & Associates, "the rubberized treatment produced at least a 4 dba reduction in the CNEL values at the two locations on Washington Street." With the apparent success of the rubberized asphalt overlay on Washington Street in reducing noise levels, City staff has negotiated proposed Change Order No. 4 with E.L. Yeager Construction Company. This Change Order is to provide a header cut/grind along the existing curb and gutter and the placement of 0.10 foot of asphalt rubber concrete paving overlay on the Washington Street Bridge deck and on both north and south bound lanes from Station 37 + 25 to Station 41 + 50. The additional lane overlay is required to provide smooth transitions onto the bridge deck. The alternatives available to the City Council include: 1 . Approve a Contract Change Order (CCO) No.1 to provide and install rubberized asphalt on Washington Street Bridge, north and south bound lanes, from Station 37 + 25 to Station 41 + 50, to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $53,610.00 and add 40 calendar days to the Contract; or 2. Do not approve a Contract Change Order (CCO) No.1 to provide and install rubberized asphalt on Washington Street Bridge, north and south bound lanes, from Station 37 + 25 to Station 41 + 50, to E. L. Yeager for Project 98-09, Washington Street Bridge Widening, in an amount not -to -exceed $53,610.00 and add 40 calendar days to the Contract; or 3. Provide staff with alternative direction. Respectfully submitted, /Zall Chris A. Vogt Public Works Director/City Engineer A rov for submissi b l Thomas P. Genovese City Manager 31 Attachments: 1. Contract Change Order No. 4 T:\PWDEPT\COUNCIL\2000\000606h.wpd ME Lp� o`` V 0� u�l'�c1Gu 5 G�h1 OF �w CONTRACT: CONTRACTOR: Washington Street Bridge Widening Improvement E. L. Yeager Construction Company, Inc. P. O. Box 87 Riverside, California 92502-0087 ATTACHMENT 1 Sheet 1 of 8 PROJECT NO. 98-09 CONTRACT CHANGE ORDER NO. 4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE : Additional work required to cold plane header cut/grind along existing curb and gutter and place .10' of Asphalt Rubber concrete paving over lay course on the Washington Street Bridge, both North and Southbound lanes from station 37+25 to 41+50. This cost includes all required traffic control, remobilization, replacement of striping and markers in kind, and raising or adjusting valves. The contract time was extended by forty calendar days due to a late request by the City, dated March 31, 2000 and a revised request by the City to break down the proposal into segments. The City did not receive the Contractor's revised proposal until May 8, 2000. The time extension request is in accordance with the requirement of Contraction Specifications, Paragraph 2000-8.3, Time Impact Analysis. This CCO includes all profit and bond. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED $53,610.00 Previous Contract Amount Through Change Order No. _3_ $ 2,585,246.36 Add This Change Order $ 53 610.00 Revised Contract Total $ 2,638,856.36 By reason of this contract change order the time of completion is adjusted as follows: - 40 - days added/ deleted to contract time. The revised contract completion date shall be: 5/06/2000 Submitted By: Approved By: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Title: pt—,o ; Date: S�o� ��o$S �- E.L. YEAGER °SINCE 191W CONSTRUCTION COMPANY, INC. TO: G1TY OF LA OUINTA DATE: Itil" 8. 2000 ADDRESS- P. 0. Box 1504 — PHONE # f i60Y177go48 CITY/STATEW: 14 ownta. Cam► 92253 FAX 0 (760)177.71 5 Washington Street Bridge Widening JOB LOCATION: _ WM No. 98-09 _ YOB NUMBER ATTENYION• JamesLindsm Assionnt Rn¢imat JOB PHONES: ITEM DWRIPTION QUANTrTY UNiT PRICE TOTAL SEGMENT_& ; I §TA 37 + 25_T4a.a 1. IvtobOin6on 1 Lump Sum Lump Sum $ 3,500.00 2. Traffic Control Luny Swan Lump Sum 4,500,00 3. Cold Plane Header Cut 1,350 LF $ 5.00 6,750.00 4. .10' Asphalt Rubber Hot Mix 170 TN 203.00 34,510.00 5. Striping and Markers Lump Sum Lump Sum 3,500.00 6. Adjust Gas Vahmo to Grade 2 EA 425.00 SS0,00 7. 6' Masonry Block Wall 100T.F 215.00 21J00.00 GRAND TOTAL: $ 75,110.00 ALZBEA EL E OAT: 1. Block wall footistg 2' reconVactiun 100 LIP $ 17.00 $ 1,700.00 OUALIF�C�TIOATS: 1. .4spbah Rubber Hot Mix per Cakrans Seodon 39, "Asphah Concrete", 2. _ Ad WotW upgrade of water valves are not included. 4' 4. Remove existing pavemeal mmkon imhxW. 5. Remove c m link fence for block wal rocked. 6 `�� w� GL <2 6. E=Iades concrete removat=&or replacement for block- wall work. Jr 3 o lA� J TSUMIOND (909) 0400 PAX: (909) M-209 IJCPMNUMB01 140069 TAN, 95.17$1673 MADAMADD1tM PA. R0X87.AIVERS=CA 92SO2-W7 SWING ADDRESS: 1"S AOUA MANSARD., RIVEMIN. CA 12500AWS i� W 511 2 Z 00 ms E.L.. TsR NSTR IOIV�� . BY.. D. C. Bod2w%% Enime Wr 315 006 • interoffice MEMORANDUM To: Chris Vogt, Public Works Director From: James Lindsey, Assistant Engineer Subject: Rubberized Asphalt Cost Estimate Date: April 18, 2000 CC: . John Freeland,. Senior Engineer Enclosed per your request is the cost estimate of $193,424.00, from E. L. Yeager, for the rubberized asphalt and block wall, from Washington Street Bridge to Avenue 52. Please provide staff with directions on how to proceed as soon as possible. T:\PWDEnWOJECIV9EPctlk"09Wah-BridPlCaNU-,tim\A00418maw.apd n __ lv 007 HrK. 10. C-rA:VJ 1 • �+'�!•� t x.�. or 7 r . a. .� a E.L.YEAGER, NSINCE 19191' CONSTRUCTION COMPANY, INC. �'ACSIIvIII.E TRANSbIIT"TAL Date: April 17, 2000 TO: CITY OF LA QUWrA ATTN: James Lindsey Main Office No. Local Office No Main Office Fax No. E*ncering Fax ONLY (909) 684-S360 (760) 343-2812 Ext. 248 -(909) 684-1644 (909)788-2449 3 pages, including cover sheet Receivers Fax No. (760) 777-7155 REF: Cost Estimate per City of La Quinta Letter dated March 31, 2000 ._''i"�' James: Attached please find cost estimate breakdown by segments per your request. iThanks, Dowayne Wormation is intended solely for the persons addrWsad *bovo and may contain 000dential information. Please deliver immediately upon receipt. If all pages are not received, please call Dowayne Bockmanij at the above number. TELEPHONE: (909) 684.5360 FAX: (909) 684-1644 LICENSE NUMBER 140069 MAILING ADDRES& P.O. BOX 87, RIVERSIDE, CALIFORNIA 92502 SHIPPING ADDRESS: 1995 AQUA MANSA RD., RIVERSIDE, CA 92509 • 7 AM HM.lb- OMW I-d4Drl'l IYV.bf7 r•.ci.:; ! ' A "SINCE 1910" E.L. YEAGER CONSTRUCTION COM TO: DF LA QU T—A _. _ _ .... _.._ DATE' ADDRESS: P. o. Box 1504 PHONE N _ (7601777!,"48 CITYISTAT&W.' 1A Qliittm Cal 92253 FAX # (760Y1'17.71 Ste_ Washb*m Street Dri4v W-ulming JOB LOCATION: Pcoied No. 98.02 JOB NUMHER: ATTIr MON: James Undsev. Assistant ftg= JOB PHONES: ITEM I DESCRIPTION I WAN= I UNIT PRICE I TOTAL SON= No• I UA 37 + M TQ 41 1. MobilinWon Lump Sum Lump Stan $ 525.00 2. Traffic Commi Lump Sum Lump Sum .11550.00 3. Cold Phme Header Cut 1,3S0 LF $ 2.20 2,970400 4. .10' Aophah Anbbor Not Inc 240 TN 59.00 13,010.00 5. Striping and Marko" Lump Sure Lump Sum 1,215.00 6. 6' Masonry Block wag 100LF 215.00 21.500.00 SUBTOTAL: $ 41.680.00 1. Mobilization Lump Stun Lump Sum $1,400:00 2. Traffic Control Lump Sum Lump Sum .4,100,00 3. Cold Pleas Header Cut 5.060 LF S 2.20 11,132.00 4. .10' Asphalt Rubber Hot Mix 800 TN 58.00 46,400.00 S. Tn5c Loop Detectors 11. EA 325.00 3,575.00 6. Shaft an Shd Markers Lump Sum LumpSum 3.240.00 SUBTOTAL: $ 69,947,00 z'Y1.tmoxt: (m) 6a"mp imm mg) ns-uo LiCB aNumm iwe ?.1.11i. 9S-17sim ae[ P MG ABMMI M5 AQUA M~M Ri EMM, CA 92MS-2 0 • B.L. YBiUM M1MS7RgC�[YG�IV C030AM'�ING. BY. �rrk+A D. aolQne4n Rod" e" 009 Fitt.A0.dtm 1•'1410M.1 1'V.It) f7 f'..15/I ILL WAGER CONO AVMON COWANY,INC. ES'1'MT'E AND PROPOSAL (Continued) 0 70; CITY OF LA QUINTA, • PAQE, 2 of 2 JOB #: DATE: April 18, IM SY&MIZI 9 + 50 TO 73 + $J 1. MobOiza tion Lump Sum Lunw Sum $1,575.00 2. Traffic Control Lump Sum Lump Sum 4,606.00 3. Cold Plm Header Cut 5,360 LF S 2.20 11,792.00 4. .10' Asp1>alt Rubber Hot Mix 960 TN 58.00 49,990,00 S. Adjust Water Valves to Grade 10 EA 325.00 3,250.00 6. Tra& Loop Detectors 22 EA 325.00 7,150.00 7. Sloping r„ul Meulwai Lump Sum Lump Sum 2,650.0 SUBTOTAL: S 91,897,00 GRAND TOTAL: S Z� �RNATEIUP'TIQN: 1. Block wall t000tiag X rocon p wflon 100 LF $17.00 S 1,700.00 NOTE. All Segmeab to be done continuously at the same time. No segregation new of work. oVALJM=-. 1. Asphalt Rubber Hot lfc per Caitraas Settion 39, "Asphalt Concrete". 2. Additioaa120 working days required. 3. Additional upgrade of water valves are not included. 4. Remove existing paw markers included. 5. Remove cbsin link lime for block wall included. L L YEAM COMTRUCnON CowANY, iNc. BY: i+s "MsiuvA win ��o t a i E.L. YEAGER "SINCE 1919" CONSTRUCTION COMPANY, INC. ESTIIVIATED AND PROPOSAL: Good for 30 days, unless otherwise specified. TO: CITY OF LA OUINTA DATE: April 14. 2000 ADDRESS: P. O. Box 1504 PHONE # (7601777-7000 CITY/STATE/ZIP: La Ouinta. CA 92253 FAX # (7601777-1227 Washington Street Bridge Widening JOB LOCATION--.'- Project No. 98-09 _._ JOB NUMBER ATTENTION: James Lindsey Assistant Engineer JOB PHONES: ITEM I . DESCRIPTION ! QUANTITY UNIT PRICE TOTAL Cost Estimate per City of La Quinta Letter dated March 31, 2000 1. Mobilization Lump Sum $ 3,500.00 2. Traffic Control Lump Sum 10,250.00 3. Cold Plane Header Cut 11,770 LF 2:20 25,894.00 4. .10' Asphalt Rubber Hot Mix 1,900 IN 58.00 110,200.00 (Washington from Sta 41+50 to Sta 9+50 5. Adjust Water Valves to Grade 10 EA 325.00 3,250.00 6. Traffic Loop Detectors 33 EA 325.00 10,725.00 7. Striping & Markers Lump Sum 8,105.00 8. 6' Masonry Block Wall 100 LF 215.00 21-500.00 TOTAL: S 193,424.00 OUALMCATIONS: 1. ARHM per Caltrans Section 39, "Asphalt Concrete". 2. Additional 20 working days required. 3. Additional upgrade of water valves are not included. 4. Remove existing pavement markers included. 5. Remove chain link fence for block wall included. TELEPHONE: (909) 6W360 FAX: (909) 694-1644 LICENSE NUMBER: 140069 T.LN. 95-1751673 E.L YEAGER NSTR ION COMPANY, INC; MAUX4G ADDRESS: P.O. BOX 87, RIVERSIDE, CA 925M-M7 SHIPPING ADDRESS: 1995 AGUA MANSA RD., RIVERSIDE, CA 925M2405 By: C. Boclanann, Estim atoms `.1 o W P.O. Box 1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 (TDD) (760) 777-1227 March 31, 2000 Ron Skinner, Project Engineer E. L. Yeager Construction Company, Inc. P. O. Box 87 Riverside, CA 92502-0087 Subject: Washington Street Bridge Widening, Project No. 98-09 Cost Estimate Dear Mr. Skinner: Please provide a cost estimate by April 6, 2000, to cold plane header cut/grind along existing curb and gutter and place 0.10' of Asphalt Rubber concrete paving over lay course for the Washington Street Bridge Project. Limits of Work: Item 41 : On Washington Street Bridge, both north and south bound lanes, Station 37+25 to Station 41+50. Item #2 : On Washington Street south of the bridge, both north and south bound lanes, from Station 37+25 (west side) Station 35+50 (east side) to Calle Tampico, Station 23+50. Item # ; : On Washington Street, both north and south bound lanes, from Calle Tampico, Station 23+50 to Avenue 52, Station 9+50. Item #4 :Construct 100 LF of 6' masonry block wall per sheet 22. section B-B, from Sta. 38+40 south to existing block wall along the west side of Washington Street. Coordinate with the Engineering Department for alignment. The estimate is to include all requires traffic controls, the replacement of all existing striping and markers in ,irAL the replacement of existing traffic loop detectors at La Quinta Village Shopping Center Drive and at Calle Tampico and raise/adjust water valves, sewer manholes frame & covers and survey monuments to finish grade. If you or your staff have any questions, please do not hesitate to contact me immediately. (760) 777-7048. Sincerely, James Lindsev Assistant Engineer I� cc: Chris A. Vogt, Public Works Director/City Engineer John M. Freeland, Senior Engineer Keith Fullenwider, Holmes & Narver Project File 98-09 v Tiut 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Consideration of Museum Expansion Committee Formation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: �J BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None for this action; however, by way of background, the Capital Improvement Program has $84,000 budgeted for museum expansion design in Fiscal Year 2000-01 and $716,000 budgeted for museum expansion construction in Fiscal Year 2003- 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This item was continued from the May 16, 2000 City Council Meeting in order to give the City Council the opportunity to discuss expansion plans for the museum. To that end, a study session has been scheduled for the June 6, 2000 City Council Meeting to give guidance to the expansion committee if the Council chooses to form such a committee. The concept of expanding the museum was specifically discussed at the December 71h City Council meeting. The Society sent a letter to the City Council dated January 12, 2000 seeking the formation of a museum expansion committee (Attachment 1). The Society is proposing that the committee "would be composed of one or more members of Council and a comparable number of representatives of the Historical Society." 3r�^ The City Council may wish to discuss the following in relation to the committee: ■ Committee make-up: For example, the committee could include representation from the Council, the Society, staff (i.e. City Manager or his designee), and professionals (i.e. curators, historians, architects, etc.). ■ Committee type: (i.e. is it envisioned as an Ad -Hoc committee or a standing committee that will see the proposed museum expansion through from beginning to end?) ■ Committee objective: (e.g. scope out desired services of museum, recommend museum size, review design plans, review financial feasibility, and review other relevant factors) ■ Meeting parameters: (e.g. meeting times, number of meetings, makeup of committee) FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of a museum expansion committee, determine committee's composition, assign City representation [i.e. City Council Members and/or City Manager, or his designee(s)], and provide direction as to its makeup, purpose, duties, etc.; or 2. Do not approve the formation of a museum expansion committee; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office e7 ^^ tail Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Letter from Society dated January 12, 2000 requesting formation of museum expansion committee CAMyData\WPDoos\CITY COUNCIL\CCSTFFMUSEUMEXPANSIONCOMMITTEE 06-06-OO.wpd Ol1).9 LA QUMA HISTORICAL SOCIETY P.O. Box 1283 La Quints, CA 92253 (760)564-1283 President Barbara Irwin Executive Vice President/Secretary Judy Vossier Vice President Don Arends Treasurer Jeanne Kirkpatrick Docent Director Louise Neeley Membership Director Jaqueline Wright Directors Diane Adolph Honey Atkins Marge Cleveland Pat cross JoAnne Hiles John Hiles Beverly Montgomery Cheryl Schuler Inge Vorderwinkler Advisory Council Don Arends - Chairman Martha Arends Kris Capra Tom Capra Dr. Edward Cleveland Marge Cleveland John Dimmer Marilyn Dimmer George O'Leary Buddy Rodgers Mike Schuler Cheryl Schuler MUSEUM- 77-gas Avenida Montezuma La Quinta, California January 12, 2000 La Quinta City Council P O Box 1504 La Quinta, CA 92253 Members of the Council: ATTACHMENT 1 RECEIVED 2000 JA,N 12 PM 2: 1 b CITY OF LA QUINTA CITY CLERK'S OFFICE It was suggested at a recent City Council meeting that a committee be formed to develop and consider proposals to expand the Historical Museum. The committee would be composed of one or more members of Council and a comparable number of representatives of the Historical Society. To that end the La Quinta Historical Society wishes to nominate Pat Cross, Barbara Irwin and Judy Vossler as it's representatives. We are anxious for this committee begin its important work. Sincerely, Barbara Irwin Don Adolph Terry Henderson Ron Perkins Stan Sniff, Mayor Pro Tern John Pena, Mayor T4t!t 4 4 Qum& COUNCIL/RDA MEETING DATE: June 6, 2000 Consideration of Approval of a VISA/ MasterCard Agreement with the City of La Quinta Community Services Department RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Visa/MasterCard Agreement with the City of La Quinta Community Services Department. FISCAL IMPLICATIONS: Staff estimates that the costs involved in offering VISA/MasterCard services for the Community Services Department would be as follows: Estimated Annual Revenue Participation Rate $120,000 20% $ 24,000 Monthly Sales Volume 0 - 2,500 Average Visa/MasterCard Transaction $30.01 - $50.00 Average Percent Fee Electronic Mail 4% Monthly Fee 4% x $2,000 = $80.00 $80.00 > $25.00 minimum Annual cost - fees $ 960.00 Terminal charges $3/month / 2 Terminals 72.00 Subtotal $ 1,032.00 One time charges: Terminal Setup $25.00 @ 2 Locations $ 50.00 Accounting Software Upgrade RecWare 1,750.00 Subtotal $1, 800.00 Total $2,832.00 None The City of La Quinta accepts payment for services by either cash or checks at two collection points: 1) City Hall Finance Department counter and at the Senior Center. On a daily basis the Senior Center deposits the daily receipts with the Finance Department for inclusion into the daily deposit. An armored car collects and delivers the City deposits Monday through Friday. In addition to cash and checks, many Cities accept payment for services with credit card - VISA/MasterCard (Attachment 1). In the Coachella Valley, the Cities of Palm Springs and Indio accept credit cards for all purchases. The primary benefit to the customer is the convenience and the bonus programs offered by many of the credit card companies. The primary benefit to the City is the guarantee of payment. The primary cost to the City is the VISA/MasterCard charges, the terminal rentals and the additional accounting for the credit card purchases. The Government Finance Officers Association (GFOA) has a recommended practice for the acceptance of credit cards which outlines the cost/benefits of implementing a program (Attachment 2). The City receives a low frequency of Non Sufficient Funds (NSF) checks. Most of these NSF checks are for Community Service programs and average $30. If Finance staff is not able to collect funds for the NSF Checks, the City turns these checks over to the District Attorney's Office which is very successful in collection. In addition, the Department where the NSF Check originated is notified and the customer is not allowed to use City services until the NSF Check is cleared. Staff is not recommending offering VISA/MasterCard for all services because of the large amounts of lost revenues this policy would potentially create. For instance, the City recently had inquires from citizens who wanted to pay for their assessment district payoff with their credit card. Staff has reviewed the FY 99/00 budget and estimated that $5,750,000 would be eligible for payment by credit cards. Assuming a usage rate of 10% and a 3% fee the cost to the City would be $17,250. Also, staff spoke with other Finance Directors who have stated that hotel operators pay their Transient Occupancy Tax with a credit card for the airline miles they receive. In both of these cases, the City would not receive any benefits of increased revenue and would have to pay for all processing charges and would not be allowed to pass the costs along to the cardholder. The only costs the City may charge a cardholder is a convenience fee for offering payment by phone. 43 �;. For these reasons, staff has proposed offering VISA/MasterCard for Community Services program fees in an effort to provide additional customer services to the community, and secondarily as a payment option to possibly reduce NSF checks. The service would be available at the Civic Center Finance Department counter and the Senior Center. There are three payment options: Electronic Retail, Mail/Telephone and Paper. The information is delivered to the bank in three ways: 1) electronic by swiping the card through a terminal 2) by mail or phone which would be entered into the terminal or 3) paper slips which would be sent to the bank. The paper option is more expensive and would only be used when the terminal was inoperative or the system was down. Staff is recommending the use of electronic retail and mail/telephone. The paper payment option is not being recommended because of the staff time and cost being higher than the other two. Staff is not requesting a convenience payment by phone fee because of the small per payment fee for Community Service programs charged. If approved, staff would expect implementation by August 1, 2000. A copy of the Visa/MasterCard Agreement and rates is included as Attachment 3. The alternatives available to the City Council include: 1. Approve a VISA/MasterCard Agreement with the City of La Quinta Community Services Department; or 2. Approve a VISA/MasterCard Agreement with the City of La Quinta for all City Services; or 3. Do not approve a VISA/MasterCard Agreement with the City of La Quinta for City Services; or 4. Provide staff with alternative direction. e1.) � Respectfully submitted, Approved for submission by: 1'41-�z2y //-- D/t - " � � I Thomas P. Genovese, City Manager Attachments: 1. List of Cities who accept Visa/MasterCard 2. Government Finance Officers Association (GFOA) recommended practices 3. Visa/MasterCard Agreement and Rates 3q �v 0®4 Summary of Credit Card Information from Cities: ATTACHMENT NO. 1 City/Agency Mastercard Paso Robles X Redwood City X Murrieta Fresno X Torrance X Mission Viejo X Downey X Fullerton X Monterey X Clovis X Los Altos X Campbell X Whittier X Rancho Cucamonga X Santa Margarita Water X Orange X X Visa Debit Other X X X X X X X X X X X X X X X X X X X X X X X Current discount rates range from 0.75% to 3.66%. Rates are negotiable based upon average transaction. Other is defined as American Express, Discover, etc (essentially any other card not listed above). Other Cities that did not respond but that do (I believe) take credit and/or debit cards: Huntington Beach Buena Park Commerce Garden Grove Livermore Manhattan Beach Anaheim Santa Ana Orange County Cities That Don't Currently Accept Credit or Debit Cards but are Considering: Camarillo Seal Beach Tracy Cities Considering Other Alternative Payment Methods: Paso Robles - ACH and EFT Biggest concern is reconciliation because of timing (delay of deposits) hitting the bank. Biggest benefit is customer service. Most credit and debit card transactions are for the payment of utility services, park & recreation services, court services, airport services, golf services, theater and sporting services, business licenses and building and permit fees. Credit cards are taken walk-in and over the phone. Debit can only be taken on a walk-in basis. 11. ATTACHMENT NO. 2 GFOA Recommended Practice Acceptance of Credit Cards (1999) Background. In the last two decades, credit card acceptance as a payment method via nationally recognized credit cards such as Visa, MasterCard, Discover (NOVUS), and American Express has become virtually universal within the private sector. Such cards are now accepted at a point of sale (POS) for even the smallest transaction. There are advantages and disadvantages to accepting credit card payments which governmental entities need to weigh when deciding whether to accept payments by credit cards. Recommendation. The Government Finance Officers Association (GFOA) recommends that, subject to state and local law and regulation, governmental entities evaluate whether acceptance of credit cards as a payment option is reasonable and appropriate for the type of charge or fee being paid and the customer service level desired. The evaluation should consider the following: 1. Merchant discount fees, which are the costs charged by the credit card issuer per transaction and typically vary between one and three percent of the value of the transaction. Governmental entities should consider attempting to pass the fees on to the consumer. In any event, governments should negotiate the lowest possible fee to minimize the financial impact to the government or to the consumer, whichever party will ultimately pay the fee. 2. Type of payment. Governments should consider whether they want to utilize credit cards for mandatory charges for which citizens must pay (such as taxes, utility bills), or for discretionary charges which citizens elect to pay (such as recreation fees, performing arts admissions). Acceptance of credit cards as a method of payment for mandatory charges may not significantly increase the amount of revenue received by the government, and will actually reduce net expected revenues as a result of paying the merchant discount fee. Acceptance of credit cards as a method of payment for discretionary charges and absorption or payment of the related merchant discount fees may facilitate collection of such charges. 3. Administrative costs, which are the costs of equipment and the associated personnel necessary to process credit card transactions. 4. Benefits to the government, including: • increased certainty of collection, • reduced return check processing costs, • accelerated payments and the availability of funds, • improved audit trail, 57 GO • reduced cashiering costs, and • enhanced customer convenience. GFOA also recommends that third -party processors, such as commercial automated services capable of processing credit card transactions seven days per week, 24 hours per day, be considered as part of the evaluation because they may prove to be essential in affecting cost savings for governments. GFOA further recommends that a credit card acceptance agreement be made as a bank services agreement administered by the public official in charge of the treasury function. References • An Introduction to Treasury Management Practices, GFOA, 1998. • An Introduction to Electronic Commerce: Government Cash Management Programs, GFOA, 1998. 3 3 O: !i' 58 ATTACHMENT NO. 3 City of La Quinta Banking Services Proposal Tab P - Merchant Bankcard: The City would like to consider offering credit and debit card payment options for business licenses, permits, and Parks & Rec. 1. Please describe the Bank's Merchant Bankcard and Point -of Sale processing capabilities. Wells Fargo Merchant Services has been processing credit card transactions for over 25 years. Wells Fargo has a long successful history of developing new and more efficient ways for our merchants to process electronic payments of all kinds. We have always been a leader in developing new technology, while maintaining our focus on customer service. The following products and services are available to The City of La Quinta for improving productivity, attracting new customers, building repeat business and reducing costs. ATM/Debit — Wells Fargo Merchant Services supports on-line debit processing through 4 POS Networks: Interlink, Star, Pulse & Maestro. ATM/Debit reduces the cost of handling checks and is usually less expensive to process than credit cards. PC Processing — Wells Fargo is certified on a number of PC systems. ICVerify, for example, can handle all retail, mail and telephone transactions, commerce from the web, Purchasing Cards and installment billing. It is available in DOS and Windows versions. Internet Processing — Wells Fargo is a leader in providing secure processing solutions, both on-line and off-line. We have developed a variety of solutions to accommodate the variety of payment processing requirements of today's e- commerce based businesses. We work individually with each merchant to design the best approach to secured Internet processing. 11' City of La Quinta Banking Services Proposal 2. Please quote a discount rate and any other applicable charges for the credit card processing described above. Pricing Proposal Quote: Average VISA/MasterCard Transaction Amount Monthly Processing Up to $20.01 $30.01 $50.01 $75.01 Visa/MasterCard Option $20.00 to to to to Sales Volume $30.00 $50.00 $75.00 $100 $0 - $2,500 Electronic Retail 4.86% 4.24% 3.83% 3.66% 3.60% Mail/Telephone 6.15% 5.53% 4.93% 4.72% 4.36% Paper 8.53% 6.50% 5.35% 14.96% 4.71 % $2,500.01 - Electronic Retail 3.99% 3.50% 2.96% 2.77% 2.68% $5,000 Mail/Telephone 5.36% 4.44% 3.89% 3.68% 3.58% Paper 7.57% 5.78% 4.64% 4.20% 3.95% $5,000.01 - Electronic Retail 3.46% 3.22% 2.76% 2.57% 2.50% $10,000 Mail/Telephone 4.64% 4.02% 3.67% 3.48% 3.36% Paper 7.14% 5.60% 4.46% 4.02% 3.77% $10,000.01 - Electronic Retail 3.30% 2.87% 2.61% 2.45% 2.36% $25,000 Mail/Telephone 4.26% 3.64% 3.29% 3.08% 2.98% Paper 7.14% 5.60% 4.46% 4.02% 3.77% Over $25,000 Electronic Retail 3.28% 2.83% 2.56% 2.41 % 2.32% Mail/Telephone 4.26% 3.64% 3.29% 3.08% 2.98% Paper 7.14% 5.60% 4.46% 14.02% 3.77% Other Charges: Set -Up Fees Supplies Reprogramming of Terminal Maintenance for Terminal Example: $25.00 per Location No Charge $25.00 per Terminal $3.00 per month Processing method: Electronic Retail Processing 2.77% X $4,300= $119.11 Monthly Visa/MasterCard sales volume: $4,300 $119.11>$25 minimum fee Average Transaction amount: $69.37 Monthly fee=$119.11 Variable rate: 2.77% 3. How frequently are the discount rate and other fees charged to the City? Can the discount rate and any fees be applied against account analysis? Fees are charged monthly. No, discount rates cannot be applied against account analysis. 7n. 010 Merchant Services Application WELLS FARGO usirim Profile Company DBA (doing business as) name If your company DBA name is more than 24 characters, how would you like it to be abbreviated? (The abbreviation must closely match your DBA name) Legal business name (under which tax returns are filed) Federal Tax ID number Date business established (MM/YY) / Primary contact Business telephone number ( ) Business fax number ( ) Business street address City State Zip Code Business mailing address City State Zip Code Mail correspondence and statements to ❑ Street address ❑ Mailing address ❑ Other Web site address: httpltwww. E-mail address Type of business ❑ Sole proprietorship ❑ Partnership ❑ Corporation ❑ Nonprofit ❑ Limited liability co. Number of locations This business operates from ❑ Office suite ❑ Retail storefront ❑ Warehouse ❑ Private residence Describe your product/service How do you advertise your product/service? ❑ TV/radio ❑ Newspaper/magazine ❑ Catalog ❑ Internet 0 Direct mail ❑ Other What is the percentage of products/services you sell to other businesses? % What is the percentage of productsiservices you sell to consumers? % Ownership • Please list the four owners with the larosst share of ownership. Owner's Name % of Ownership Owner Since (MMrm Residence Address City State Zip Code Social Security Number uamwxu anu rraoa rlararOrrCBa • rtea88 ust innm mwerum. Ir faun nr muminn AmrA anara a tamLnrri ramranr-A in rum urcA „ Company Name Contact Name City State Telephone Number Product Service Provided raruwtn rlwo llv rrwtw Business checking account number for merchant card deposits (include voided check) Routing Transit number/ABA Estimated monthly Visa• and MasterCard' (MC) volume$ If any of your products or services are ordered via mail, telephone, fax, or Internet: Average credit card sale amount $ 1) What phone number can customers call with their questions? ( ) Percentage of credit card transactions when credit card is not present at time of sale 2) When are Visa/MasterCard transactions processed? ❑ At date of order ❑ At date of shipment Have you accepted credit cards before? ❑ Yes ❑ No 3) If at date of order, how many days is it usually between the date of order and date of shipment? _days. If yes, name of current/former processor 4) How do you ship the majority of your product orders? ❑ Overnight ❑ 2-3 day air ❑ Ground Merchant ID number 5) Do you use a fulfillment house to take your orders or ship your product? ❑ Yes ❑ No Number of years with this processor 6) Refund policy on credit card sales ❑ Credit ❑ Merchandise exchange only ❑ Store credit ❑ No refund 0 Refund in 30 days or less ❑ Other Authorized Signatures • Sign below. Your signature indicates that you have read, understood, and agree to be bound by the entire Agreement that appears on the reverse. I agree that, upon approval of this application, the business named above ("Applicant") will be bound by the terms and conditions found on the reverse of this Application all Merchant Services Pricing. and Other Fees as stated on page two of this Application, as well as the terms and conditions of the Wells Fargo Merchant Services Agreement that will be sent to Applicant. If requested on the Application by signing this contract, the party set forth below authorizes American Express® and/or TeleCheck, Inc. to obtain credit reports and to verify any information or facts presented on this form regarding the merchant establishment, its owners, or principals. Merchants who currently accept the American Express Card need not reapply. 1) Authorized Signer Title Date 3) Authorized Signer Title Date 2) Authorized Signer Title Date 4) Authorized Signer Title Date Owners Personal Guaranty • The four owners with the largest share of ownership must sign. To induce and in consideration of WFMS's acceptance of Merchant into the Merchant Program, by signing below, I, in my individual capacity (even though I use a title or other designation with my signature) agree to unconditionally guarantee the performance of the Merchant's obligations under the Wells Fargo Merchant Services Agreement. My signature indicates I have read, understood, and agree to be bound by the Personal Guaranty Agreement that appears on the reverse 1) Owner's Signature Print Name Date 3) Owners Signature Print Name Date 1 2) Owners Signature Print Name Date 4) Owners Signature Print Name Date BKC 14P20 (2-00-22458) Page 1 of Faxed copies or this Application are acceptable White: Bank Yellow., Sales Pink, Merchant Merchant Services Application I certify that I am authorized to sign this Application and enter into the Agreement provided herein with Wells Fargo Merchant Services, L.L.C. ("WFMS") and Wells Fargo Bank, N.A. for the processing and collection of transactions and that all information and documents submitted are true, correct, and complete. I agree that upon receipt of final approval of my application, the business named above on this Application ("Applicant") will be bound by the terms and conditions below, as well as those of the Merchant Services Agreement that will be sent to the Applicant (collectively, the "Agreement"). I agree that any use, individually or by any authorized representative on behalf of the Applicant, of any fea- ture of the Agreement shall further evidence acceptance of all the terms and conditions of this offer and the Agreement. I authorize WFMS and/or its agent(s) to investigate the indi- vidual and business history of Applicant and each representative signing the Application, including obtaining consumer and/or business credit reports, in order to evaluate accept- ability into the merchant program and if accepted, from time to time thereafter and to report credit information to others. I further agree to notify WFMS promptly of any material change in such information. Applicant and each of its undersigned representatives agree that all business references, including banks, may release any and all credit and financial infor- mation to WFMS and that all information supplied by Applicant in the application or other- wise may be shared with WFMS's affiliates. Applicant acknowledges that acceptance into the merchant program is subject to final evaluation and approval by WFMS. Any unilateral alteration or modification made by the Applicant to the preprinted text of the Agreement shall be of no effect whatsoever and, at the WFMS's discretion, may render the Agreement invalid. WFMS will charge Applicant a Visa/MasterCard discount rate as indicated on the Application. Discount fees will be based on the gross deposited bank card sales drafts based on an estimated monthly volume and average credit card sale amount, as indicated on the Application. Applicant agrees that WFMS may adjust the discount rate to the rate applicable to Applicant's true monthly Visa/MasterCard volume and true average credit card sale amount, to be effective on the first day of the next succeeding month following failure to meet the requirements. In the event of early termination by Applicant during the initial term of the Agreement, Applicant and WFMS agree that it would be impractical or extremely difficult to' -calculate the actual damages which WFMS would incur. Therefore, Applicant and WFMS agree that the following amounts shall constitute reasonable compensation to WFMS: (i) for termination within the first year $300 per location up to a maximum of $10,000; (ii) for termination within the second year $250 per location up to a maximum of $5,000; and (iii) for termination within the third year $100 per location up to a maximum of $2,500. I also in my individual capacity (even though I use a title or other designation with my signature) jointly and severally unconditionally guarantee and promise to pay to WFMS all indebtedness of the Applicant at any time arising under or relating to this Application and Agreement, as well as any extensions, modifications, or renewals thereof. I authorize WFMS and/or its agent(s) to investigate the individual business history of the Applicant and each representative signing the Application, including investigative credit reports, in order to evaluate acceptability into the Merchant Program and if accepted, from time to time thereafter and to report credit information to others. As guarantor, I waive (i) presentment, demand, protest, notice of protest, and notice of nonpayment; (ii) any defense arising by reason of any defense of the Application or other guarantor; and (iii) the right to require WFMS to proceed against Applicant or any other guarantor, to pursue any remedy in connection with the guaranteed indebtedness, or to notify guarantor of any additional indebtedness incurred by the Applicant, or of any changes in the Applicant's financial con- dition. I also authorize WFMS, without notice or consent, to (i) extend, modify, compromise, accelerate, renew, or otherwise change the terms of the guaranteed indebtedness; (ii) proceed against one'or more guarantors without proceeding against the Applicant or another guarantor; and (iii) release or substitute any party to the indebtedness or this guaranty. I agree (i) I will pay WFMS's costs and attorneys' fees in enforcing this guaranty; (ii) this guaranty will be governed by California law; and (iii) this guaranty shall benefit WFMS and its successors and assigns. If Applicant has designated on the Application an account ("DDAI with another depository institution ("Depository Institution") for the processing of Transactions (as defined in the "Agreement"), Applicant agrees that WFMS may initiate ACH credits and debits to that DDA and to any successor account that Applicant may designate to WFMS in writing in connection with such Transactions, and in addition, that WFMS may collect from that DDA the charges and fees due WFMS under the Agreement, including penalties and chargebacks. Applicant further authorizes WFMS to obtain from the Depository Institution information related to the DDA, including collected balance reports, and to obtain any information deemed by WFMS to be reasonably necessary to process debit and/or credit entries to the DDA. Visa Interchange Requirements - CPS RetaiUSuoermarket — Magnetic stripe yead and unaltered; one (1) electronic autho- rization per transaction; settled within one (1) day of transaction and authorization date; Check Card transactions below $38.00 ($33.33 for supermarket) require authorization amount equal to settled amount; non-T&E' merchants — Corporate or Business Cards require sales tax, Purchasing Cards require sales tax and Customer Code; hotel or car rental transactions require Folio/Agreement number, Check•irdPick-up and Check-out/ Return dates; airline transactions require itinerary data. CPS Card Not Present — Magnetic stripe NOT read; one (1) electronic authorization; correct expiration date or left blank; authorization amount must equal settlement amount; one (1) authorization reversal allowed; AVS response code; merchant -assigned order number; Customer Service number in merchant city field; MO/TO indicator; settled within one (1) day of transaction; non-T&E' merchants — Corporate or Business Cards require sales tax, Purchasing Cards require sales tax and Customer Code. CPS HoteUCar Rental — Consumer Card; magnetic stripe read and unaltered or key entered with Preferred customer indicator; one (1) or more electronic authorizations per transaction; one (1) authorization reversal per transaction allowed; 150% authorization to clearing tolerance; Folio/Agrdement number; Check-in/Pick-up and Check-outtReturn dates; duration: no show=01, number anficipated--01-99; no show indicator/extra charge indicator; settled within one (1) day of transaction (check•outtreturn) date. CPS Retail 2 — Restricted to Emerging Markets (government, schools that accept Visa for tuition payments, insurance, cable/pay TV services and utilities); electronic authorization; settled within 2 days of transaction and authorization date; Corporate or Business Cards require sales tax, Purchasing Cards require sales tax and Customer Code. MasterCard Interchange Requirements - Merit IIUSu rmarket — Non -Commercial Card; magnetic stripe read and unaltered; electronic authorization; settled within one (1) day;10% authorization to clearing tolerance (25% for restaurants and bars, WA for hotels and car rentals). Merit I — Non -Commercial Card; electronic authorization; settled within two (2) days; 10% authorization to clearing tolerance (25% for restaurants and bars, WA for hotels and car rentals). In the event your Visa and MasterCard transaction(s) fail to qualify for the interchange level as you selected in this Application and the requirements as disclosed above, you will be billed for the difference between the established rate and the higher rate and may be billed up to an additional fee of 0.500/6 for said nonqualified transactions, plus all fees, penalties, charges, and assessments, if any, of WFMS, Visa, and MasterCard. The fees set forth may be adjusted to reflect increases or decreases by MasterCard and/or Visa in Interchange, assessment or other MasterCard and/or Visa fees, or to pass through increases charged by third parties for on-line communications and similar items. All such adjustments shall be your responsibility to pay and shall become effective upon the date any such change is implemented by MasterCard and/or Visa or other third party. 7&E includes restaurants, hotels, car rental, passenger transport and travel agent merchants. . �`�� 01 Merchant Services Application (Page 2) WELLS FARGO Company DBA Name Federal Tax ID Number Date Merchant Card Services Pricing • Interchange Visa: ❑ CPS Retail ❑ CPS Card Not Present ❑ CPS Retail 2 ❑ CPS HoteVCar Rental ❑ Supermarket ❑ Internet MC: Merit 3 Merit 1 Merit 1 Merit 3 ❑ Other Visa/MasterCard discount rate is based on an initial term of: ❑ 1 Year ❑ 2 Year ❑ 3 Year If no box is checked the initial term is one year. Entitlements Account Number Discount Rats Per Trans. Fee Auth. Fee Visa/MasterCard ❑ EDC $ $ Novuss/Disoovere (3 EDC -L Q i L _ _ _ _ _ _ _ _ _ _ _ NIA $ $ 0.15 American Express ❑ EDC ❑ Single Settle' _ _ _ _ _ _ _ _ _ _ N/A • $ $ 0.15 Diner's Club•/Carte Blanche" ❑ EDC ❑ Authorized only _ _ _ _ _ _ _ _ _ _ $ $ 0.15 JCB•' ❑ EDC ❑ Authorized only $ $ 0.15 ATM/On-line Debit Card Cash back limit $ N/A $ $ EBT ❑ Cash Benefits and/or ❑ Food Stamps, FNS If Food Stamps, FNS# _ _ _ _ _ _ _ NIA $ $ Check Services ❑Equifax• ❑Other _ _ _ _ _ _ _ _ _ _ _ $ $ 'Options are supported on CARDnet and Nashville only. Other Fees ❑ Monthly minimum processing: $ ❑ TeleCheclk ECA! (TC) Fees ❑ Voice Authorization Fee: $0.50/authorization ❑ Annual Fee: $ TC Inquiry Rate: % ❑ Seasonal Merchant (Process 5 months or less, Monthly TC Per Transaction Fee: $0.29 Minimum Processing Fee does not apply.) ❑ Monthly Service Fee/per location $ TC Monthly Minimum(Per Location: $35.00 ❑ Internet: $ /per . ❑ Foreign Handling Fee/o/c gross sales 0.10 TC Chargeback Fee: $5.00 ❑ Other: $per ❑ Chargeback Fee: $15.00 TC Processing Fee (ACH): $5.00 ❑ Address Verification Service Fee- TC Customer Req. Call: $1.50 Electronic: $0.01 Manual: $2.00 TC Other: $ American Express (Application for new American Express Customer) ❑ Yes! Please sign me up for American Express processing. Have American Express send me a welcome package immediately Existing American Express merchants need not reapply. American Express ESA discount rate % Estimated annual American Express volume $ Average transaction amount $ PC ReportinglStatement Service FDMS LINK" ❑ $4.95 per month OR ❑ $0.17 per minute of connect time Moneta° ❑ $20.00 per month/per sign -on ID $0.15 per minute of connect time Statement obtained through LINK $25.00 set-up/per sign -on ID Statement sent to mailing address $8.00 per Moneta help desk call Set -Up Quantity Total Quantity Total $50 (up to 3 locations) x $ $15/each additional location x $ Internet set up x $ PIN Pad Encryption x $ Telephone training (terminal) $ /per location x $ Rush shipping $ x $ For Value Added Resellers Only Product/Software manufacturer. Product/Software name Version Network certified on Installer name Telephone number ( ) Fax number ) E-mail address Equipment/Software Information (ADDlkation tvDe: Retail • Restaurant • Lodaina • Suoermarket • Car Rental • Hair Salonl RentaVPurchase/Lease/ Customer -Owned (circle) Equipment or Software Type and Model Number Quantity Unit Price/ Without Tax Application Type R Re L S C HS (circle) Wel!sServicelCARDnet/Nashville/ Other (indicate) For Customer -Owned Equip. or Software: Version Track R P L C $ R Re L S C HS R P L C $ R Re L S C HS R P L C $ R Re L S C HS R P L C $ R Re L S C HS R P L C $ R Re L S C HS R P Imprinter / Plates / $ Internet Processing (i.e. product code, vendor code, platform or Internet Product): ❑ Equipment Maintenance (rental equipment excluded) • $3.00 per piece of purchased or leased equipment each month Optional functions ❑ Clerk prompting/reporting ❑ MuIG-trans ❑ Auto settle time PST ❑ Purchase/Commercial Card -Level II ❑ Batch mode ❑ Password protection, specific keys Does the telephone line connected to the terminal require special dialing access, e.g., dial 9? ❑ No ❑ Yes If yes, what is it? Shipping Information (cannot ship to PO Box) ❑ Business street address ❑ Business mailing address ❑ Other (provide address) Submitted by Date Telephone number ( ) Signature BKC 14P20 (2-00-22459) Page 2 or 2 Faxed copies of this Application are acceptable White: Bank Yellow. Sales Pink: Merchant ATfWOn-Line Debit Network Fees (if indicated on Application) The following network fees shall be applicable in addition to the per transaction fee(s) listed on the reverse side of this form. WFMS reserves the right to adjust the ATM/On-line debit per transaction and network fees provided that WFMS gives thirty (30) days advance notice of such adjustment. Network Network Fees perTmnsaction Accel• $0.105 Alaska Option• $0.050 Cash Station• $0.090 Honor' - Retail .40% + $0.050, max $0.200 Honor • Grocery $0.155 Interlink• - Retail .45% + $0.055, max $0.225 Intedink - Grocery $0.175 MAC• $0.125 Maestro• $0.125 NYCE• $0.115 Pulse' $b.130 STAR• - Retail 40% + $0.045, max $0.195 STAR - Grocery $0.150 TYME• $0.080 PC RepQrtinalStatement Services-FDMS LINK-Moneta If Applicant has indicated that it wishes to obtain PC Reporting/Statement services, LINK services, or Moneta services, the following additional provisions shall apply to such services: 1. Applicant agrees to the terms outlined below, and the terms set forth in the LINK or Moneta agreement, as applicable, which shall be provided to you prior to any permitted use of these products. 2. Applicant understands that it assumes full responsibility for any unauthorized access to Applicant's Merchant Information. 3. WFMS shall not be liable for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss arising out of the use or inability to use LINK/Moneta services. 4. To protect certain valuable and confidential information ("Information"), which the WFMS may disclose to Applicant in the course of aiding in the processing of Applicant's credit card transactions with WFMS, except as permitted by written consent of WFMS, Applicant agrees not to disclose the information to any third party or to use such information for its own benefit or for the benefit (financial or otherwise) of any third party. Applicant agrees to limit access to such information to those of its employees who require access to further the parties' dealings. At a minimum, Applicant will follow the same procedures to ensure its compliance with these requirements as it follows to protect its own confidential and proprietary information of a similar nature. "Information" means all information in any form, such as product developments, software, specifications, protocols, processes, formulas, methods, techniques, concepts, plans, ideas, business, marketing and financial information, program documentation, and the like, which has been or may be disclosed to the other in the course of their dealings, but does not include information and data which Applicant can show (a) was publicly available prior to disclosure; (b) was validly in the Applicant's possession prior to receipt thereof from WFMS; (c) was rightfully received by the Applicant from a third party having no fiduciary relationship to the Applicant or WFMS and having no obligation of confidentiality with respect to such information and data; or (d) Applicant developed independently and without any reference to information and data received from WFMS. For designated transactions from cards issued by American Express, Novus/Discover, Japanese Credit Bureau (JCB), Diner's Club/Carte Blanche, and other entities, these issuers are responsible for settlement, chargebacks, and customer service and will charge a separate fee for these services. 3j3 014 T4ht 4 a (PQ" COUNCIL/RDA MEETING DATE: June 6, 2000 Consideration of a Resolution Issuing Limited Obligation Improvement Assessment Bonds for Assessment District 2000-1 (Phase VI Improvements); and Continuing Disclosure Certificate; a Resolution Determining Unpaid Assessments; a Resolution Covenanting Diligent Prosecution of Foreclosure; a Resolution Awarding the Sale of Limited Obligation Improvement Bonds; and a Approval of a Paying Agent Agreement, and Approval of a Bond Purchase Agreement RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 9 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Resolution of the City Council issuing Limited Obligation Improvement Assessment Bonds for Assessment District 2000-1 (Phase VI Improvements); approve a Resolution of the City Council determining unpaid assessments in Assessment District 2000-1 (Phase VI Improvements); approve a Resolution of the City Council covenanting diligent prosecution of foreclosure; approve a Resolution of the City Council awarding the sale of Limited Obligation Improvement Bonds; approve the Paying Agent Agreement between the City of La Quinta and the U.S. Bank Trust National Association for Assessment District 2000-1 (Phase VI Improvements); and approve the Bond Purchase Agreement. FISCAL IMPLICATIONS: All costs associated with the construction, bond issuance, debt service, trust agreement and administrative expense will be borne by the property owners within Assessment District 2000-1 boundaries. The City will receive the public improvement benefits for the property in the proposed Assessment District. CHARTER CITY IMPLICATIONS: None 'J .3 On the 15th day of February 2000, the City Council of the City of La Quinta adopted a resolution where it declared its intention to order work to be done and acquisitions and improvements to be made in the City in an assessment district designated City of La Quinta Assessment District Assessment District 2000-1 (Phase VI Improvements). On April 4, 2000, a public meeting confirming assessments was held to hear comments from the record owners of the property with regard to the proposed public improvements project that is being financed with special assessments to be levied upon the specially benefitted parcels of land within the assessment district, the extent of the assessment district, the estimated cost and expense of the project, the amounts of the assessments proposed to be levied upon the specially benefitted parcels, and the method of or formula by which special benefit has been estimated. Several resolutions and agreements are required to be prepared and considered by the City Council in the issuing of bonds which have been, or will be, met as follows: On April 18, 2000, a public hearing was held to receive comments relative to the Assessment District formation, the Engineer's Report, the proposed assessment described in the Resolution and the Engineer's Report. At the public hearing, interested persons commented on the proposed improvements, the extent of the assessment district, and the proposed assessment and a vote was held in accordance with Property Owners Assessment Ballot Procedures. The ballots were tabulated and the City Council approved the Assessment District. Subsequently, a Resolution, preliminary official statement, and bond purchase agreement have been prepared for City Council consideration to raise funds for the public improvements (Attachment 1). In addition, the City will be required to prepare annually a disclosure of the delinquency rates and other financial data and properly disseminate this information to the investment community for the life of the bonds (Attachment 2). The property owners had thirty (30) days to prepay the assessment to the City Treasurer and forego interest and administrative charges that will be assessed when the bonds are issued. The City received a total of $322,1 18.84 in prepaid amounts before May 26, 2000 and a Resolution outlining the unpaid assessments has been prepared that will be bonded against when the bonds are issued. In the event the property owners do not pay the assessment amounts promptly, the City, as part of its responsibility to the bondholders investing in these bonds, must commence foreclosure of delinquent assessments. These procedures, which have been reviewed by staff, legal counsel, the underwriter, and the City retained assessment district administrators. A Resolution outlining the procedures has been prepared. �1M Ms. Robin Thomas of Miller & Schroeder Financial, Inc. will be the underwriter for these bonds (Attachment 3) and an award for the sale of the bonds Resolution has been prepared. U.S. Bank will be the paying agent and will pay the bondholders principal and interest on a semi-annual basis as required by the bond documents. The paying agent agreement is included as Attachment 4. The staff report has been reviewed by Mr. Bill Marticorena of Rutan & Tucker who will be present at the meeting to answer any questions. Ms. Robin Thomas of Miller & Schroeder, the underwriter, will also be in attendance to answer any questions. The alternatives available to the City Council include: 1. Approve a Resolution of the City Council issuing Limited Obligation Improvement Assessment Bonds for Assessment District 2000-1 (Phase VI Improvements); approve a Resolution of the City Council determining' unpaid assessments in Assessment District 2000-1 (Phase VI Improvements); approve a Resolution of the City Council covenanting diligent prosecution of foreclosure; approve a Resolution of the City Council awarding the sale of Limited Obligation Improvement Bonds; approve the Paying Agent Agreement between the City of La Quinta and the U.S. Bank Trust National Association for Assessment District 2000-1 (Phase VI Improvements); and approve the Bond Purchase Agreement; or 2. Do not approve a Resolution of the City Council issuing Limited Obligation Improvement Assessment Bonds for Assessment District 2000-1 (Phase VI Improvements); do not approve a Resolution of the City Council determining unpaid assessments in Assessment District 2000-1 (Phase VI Improvements); do not approve a Resolution of the City Council covenanting diligent prosecution of foreclosure; do not approve a Resolution of the City Council awarding the sale of Limited Obligation Improvement Bonds; do not approve the Paying Agent Agreement between the City of La Quinta and the U.S. Bank Trust National Association for Assessment District 2000-1 (Phase VI Improvements); and do not approve the Bond Purchase Agreement; or 3. Provide staff with alternative direction. ti110 u A. Respectfully submitted, A� ohn Falcone , Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Preliminary Official Statement and Bond Purchase Agreement 2. Continuing Disclosure Certificate 3. Agreement for Underwriter Services 4. Paying Agent Agreement CID4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ISSUING LIMITED OBLIGATION IMPROVEMENT BONDS UNDER THE IMPROVEMENT BOND ACT OF 1915 FOR ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) WHEREAS, this Council has heretofore initiated assessment proceedings under the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code (the "Code")) and has confirmed an assessment in the total amount of $ ; and WHEREAS, the assessment proceedings provide for the issuance of bonds pursuant to the Improvement Bond Act of 1915 (Division 10 of the Code) (the "1915 Act"); and WHEREAS, the Council desires, pursuant to Section 8650.1 of the Code, to establish the denomination of the bonds and the amount to mature each year which will be other and different than that provided in Section 8650 of the Code; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. Bonds in the aggregate principal amount of not to exceed $2,690,000.00 with the exact amount to be determined by the Finance Director shall be issued as hereinafter provided upon the security of unpaid assessments levied in accordance with the Municipal Improvement Act of 1913 and under and pursuant to the proceedings thereunder duly had and taken. The bonds herein provided to be issued shall be known as "City of La Quinta, Limited Obligation Improvement Bonds Assessment District No. 2000-1 (Phase VI Improvements)" (the "Bonds") and shall be dated their date of delivery. The Bonds shall be issued only in fully registered form in denominations of $5,000 or any integral multiple thereof, except that one Bond may include the amount by which the total issue exceeds the maximum integral multiple of $5,000 contained therein, if any. The Bonds shall be issued as serial and term bonds with annual serial maturities beginning on September 2, 2001 and every succeeding twelve (12) months thereafter until September 2, 2010, and with a term bond maturity of September 2, 2015. Bonds shall mature in the amounts and bear interest at the rates of interest to be set forth in the Bond e- Purchase Agreement concurrently submitted to and approved by this Council. SECTION 3. The Bonds shall be issued pursuant to the provisions of the Improvement Bond Act of 1915, and shall be substantially in the form as authorized pursuant to the terms and provisions of said Act, except as such form may vary from the terms and conditions set forth in this resolution. SECTION 4. Each Bond shall be of a single maturity and interest rate as set forth in the aforesaid Bond Purchase Agreement, said interest rate not to exceed twelve percent (12%) per annum. Each Bond shall bear interest from the March 2 and September 2 ("Interest Payment Date") next preceding the date on which it is authenticated and registered, unless (i) said Bond is authenticated and registered as of an Interest Payment Date, in which event it shall bear interest from such date, or (ii) said Bond is authenticated and registered prior to the fifteenth day immediately preceding the first Interest Payment Date, in which case it shall bear interest from their date of initial delivery, or (iii) said Bond is authenticated and registered prior to an Interest Payment Date and after the close of business on the fifteenth day of the month immediately preceding such interest payment date, in which event it shall bear interest from such Interest Payment Date, until payment of its principal sum has been discharged. Interest shall be payable commencing on September 2, 2000 and semi-annually thereafter on September 2 and March 2 of each year to maturity and shall be based on a 360 day year with twelve (12) thirty -day (30) months. SECTION 5. The principal, redemption premiums and interest on the Bonds shall be payable in lawful money of the United States of America at the principal corporate trust office of U.S. Bank Trust National Association (the "Paying Agent" or "Registrar" or "Transfer Agent"). Interest on said Bonds shall be paid by check mailed by first class mail to the registered owner thereof at his address as it appears on the books of registration, as of the fifteenth (15'h) day immediately preceding said Interest Payment Date. SECTION 6. Any Bond may be redeemed in whole or in part in integral multiples of $5,000 on any Interest Payment Date, at the option of the City upon thirty (30) days' notice to the Bondowner from moneys on deposit with the Paying Agent, at the following prices, expressed as a percentage of the principal amount of Bonds called for redemption, together with accrued interest to the date of redemption: 103% if redeemed on or before September 2, 2007 102% if redeemed on March 2 or September 2, 2008 101% if redeemed on March 2 or September 2, 2009 100% if redeemed on March 2 or September 2, 2010 and thereafter Any Bond shall be subject to redemption in whole or in part, in integral multiples of $5,000 on any Interest Payment date from proceeds of refunding bonds pursuant to Division 11.5 of the Act (if any such refunding bonds are sold), from repayments of assessments deposited in the Prepayment Account of the Redemption Fund, from excess proceeds in the Assessment Fund or from surplus moneys in the Improvement Fund, upon thirty (30) days' notice to the Bondowner and payment of the principal amount thereof and interest accrued thereon to the date of redemption, at the redemption prices shown above. The Bonds maturing on September 2, 2015, are subject to a mandatory redemption, in part by lot, from sinking fund payments set forth in the Bond Purchase Agreement on September 2, 2011, and on September 2 in each year thereafter to and including September 2, 2015, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some, but not all, of the Bonds maturing September 2, 2015 have been optionally redeemed pursuant to the above -described optional redemption provisions, the total amount of sinking fund payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the Bonds maturing September 2, 2015 optionally redeemed by reducing each such future sinking fund payment on a pro-rata basis (as nearly as practicable) in integral multiples of $5,000. No interest will accrue on a Bond beyond the Interest Payment Date on which said Bond is called for redemption provided that the amount necessary for the redmeption has been deposited with the Paying Agent. notice of redemption must be given to the applicable Bondowners by registered or certified mail (postage prepaid) or by personal service at least thirty (30) days prior to the redemption date, if less than all of the outstanding Bonds are to be redeemed. The determination as to which Bond or Bonds are to be called will be made by the Paying Agent on behalf of the City Treasurer/Finance Director, in accordance with Streets and Highways Code Section 8768 of the 1915 Act. SECTION 7. Any fully registered Bond may, in accordance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of Section 9 by the owner in whose name it is registered, or by his duly authorized attorney or legal representative, upon surrender of such fully registered Bond for registration of such transfer, accompanied by delivery of a written instrument of transfer in a form acceptable to the Transfer Agent and by the owner of said Bonds, duly executed. The Transfer Agent shall require the payment by the Bondowner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer. No transfer of fully registered Bonds shall be required to be made during the fifteen (15) days next preceding the selection of Bonds for redemption nor, in the case of Bonds selected for redemption, after such Bonds have been selected for redemption. SECTION 8. Fully registered Bonds may be exchanged at the office of the designated Transfer Agent/Registrar, for a like aggregate principal amount of Bonds of the same interest rate and maturity, subject to the terms and conditions provided in its system of registration for registered debt obligations, upon surrender and cancellation of the Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefore. SECTION 9. There shall be kept by the Registrar sufficient books for the registration and transfer of the Bonds and, upon presentation for such purpose, the Registrar shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, Bonds as hereinbefore provided. SECTION 10. (a) The Bonds shall be executed by manual or facsimile signature by the City Manager or City Treasurer/Finance Director and attested by the City Clerk and the City seal shall be imprinted on the Bonds. The Bonds shall then be delivered to the Transfer Agent and Registrar, for authentication and registration. In case an officer who shall have signed or attested to any of the Bonds by manual or facsimile signature or otherwise shall cease to be such officer before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed and attested the same had remained in office. (b) Original Delivery. The Bonds shall be initially delivered in a form of a separate single fully registered Bond (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the ownership of each such Bond shall be registered on the Registration Books in the name of the Nominee (Cede & Co.). Except as provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the Nominee on the Registered Books. With respect to the Bonds the ownership of which shall be registered in the name of the Nominee, the City and the Paying Agent shall have no responsibility or obligation to any Depository System participant or to any person on behalf of which the City holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the City and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee or any Depository System participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System participant or any other person, other than an owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interest in the Bonds to be redeemed in the event the City elects to prepay the bonds in part, (iv) the payment to any Depository System participant or any person other than an owner as shown in the Registration Books, of any amount with respect to the principal, premium, if any, or interest on the Bonds or (iv) any consent given or other action taken by the Depository as Owner of the Bonds. The City and the Paying Agent may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal, premium and interest in such Bond, for the purpose of giving notices of redemption or other matters with respect to such Bond for the purpose of registering transfers of ownership of such Bond and for all other purposes whatsoever. The Paying Agent shall pay the principal of and interest and premium, if any, on the Bonds only to respective owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than an owner shall receive a Bond evidencing the obligation of the City to make payment of principal, interest and premium, if any, pursuant to the Agreement. Upon delivery by the Depository to the Nominee of written notice to the effect that the Depository has determined to substitute a new Nominee in its place, and subject to the provision herein with respect to Record Dates, such new Nominee shall become the Nominee hereunder for all purposes; and upon receipt of such notice the City shall promptly deliver a copy of the same to the Paying Agent. (c) Representation Letter. In order to qualify the Bonds for the Depository's book -entry, the City and the Paying Agent shall execute and deliver to such Depository a letter representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the City or the Paying Agent any obligation whatsoever with respect to persons having interests in the Bonds other than the owners. The Paying Agent agrees to comply with all provisions in such letter with respect to the giving of notices thereunder by Paying Agent. In addition to the execution and delivery of such letter, the City may take any other actions, not inconsistent with the Agreement, to qualify the Bonds of the Depository book -entry program. (d) Transfers Outside Book -Entry System. In the event that either (i) the Depository determines not to continue to act as Depository of the Bonds, or (ii) the City determines to terminate the Depository as such, then the City shall thereupon discontinue the book -entry system with such Depository. In such event, the Depository shall cooperate with the City and the Paying Agent in the issuance of replacement Bonds by providing the Paying Agent with a list showing the interests of the Depository System Participants in the bonds, and by surrendering the Bonds, registered in the name of the nominee, to the Paying Agent on or before the date of such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisions of this subsection (c). If, prior to the termination of the Depository acting as such, then the Bonds shall no longer be required in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Section. Prior to its termination, the Depository shall furnish the Paying Agent with the names and addresses of the Depository System Participants and respective ownership interest thereof. (e) Payments of the Nominee. Notwithstanding any other provisions of the Agreement to the contrary, so long as any Bond is registered in the name of the nominee, all payments with respect to principal of and interest and premium, if any, on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the letter described in subsection (b) above or as otherwise instructed by the Depository. SECTION 11. Only such of the Bonds as shall bear thereon a certificate of authentication substantially in the form below, manually executed by the Transfer Agent and Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution, and such certificate of the Transfer Agent and Registrar shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this resolution. FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond has been authenticated and registered on as Registrar and Transfer Agent SECTION 12. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the principal and redemption premium, if any, of any such Bond, and any payment of interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. 34A SECTION 13. In case any Bond secured hereby shall become mutilated or be destroyed, stolen or lost, the Registrar shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Registrar of evidence satisfactory to it and to the City Treasurer/Finance Director that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Registrar and City with indemnity satisfactory of them. SECTION 14. All Bonds ,paid, either at or before maturity, shall be canceled upon the payment or redemption of such Bonds, and shall be delivered to the Transfer Agent and Registrar when such payment or redemption is made. All Bonds canceled under any of the provisions of this resolution shall be destroyed as provided by law by the Transfer Agent and Registrar, who shall execute a certificate in duplicate describing the Bond so destroyed, and shall retain said executed certificate in its permanent files for the issue. SECTION 15. Pursuant to and the provisions of Part 16 (commencing with Section 8880) of Division 10 of the Code from the proceeds received from the sale of the Bonds, except as provided below, an amount equal to the Reserve Requirement, as defined below, shall be deposited in a special reserve fund (the "Reserve Fund") which the City Treasurer/Finance Director shall establish and maintain. The Reserve Fund shall be designated and identified as the "Assessment District No. 2000-1 (Phase VI Improvements) Reserve Fund." The Reserve Fund shall constitute a trust fund for the benefit of the owners of the Bonds and shall be maintained, used, transferred, reimbursed and liquidated as follows: (a) Whenever there are insufficient funds in the Redemption Fund to pay the next maturing installment of the principal of or interest on the Bonds, an amount necessary to pay such deficiency shall be advanced from the Reserve Fund to the Redemption Fund. The amounts so advanced shall be reimbursed from the proceeds of collection of delinquent assessments on the redemption or sale of the parcels for which payment of delinquent installments of assessments and interest thereon has been made from the Reserve Fund. (b) In the event unpaid assessments are paid in advance, the assessments thus paid shall be reduced by an amount equal to the ratio of the original amount of the assessment being prepaid to the total amount originally assessed in the proceedings represented by Bonds multiplied by the amount contained in the Reserve Fund, and the amount thus determined shall be transferred by the City Treasurer/Finance Director from the Reserve Fund to the Redemption Fund. (c) If on each August 15 and February 15, of each year, commencing August 15, 2000, the amount of any income realized from the investment of the money in the Reserve Fund plus the remaining principal amount thereof exceeds the lesser of (a) maximum annual debt service on the Outstanding Bonds, (b) 125% of the average annual debt service on the Bonds, or (c) 10% of the amount (within the meaning of Section 148 of the Internal Revenue Code, as amended) of the Bonds (the "Reserve Requirement") such excess shall be transferred by the Paying Agent to the Redemption Fund and applied to the payment of the Bonds. (d) If, on June 30 of the fiscal year next preceding the fiscal year in which the last unpaid assessment installment becomes due and payable, the balance in the Reserve Fund is sufficient to retire all or a portion of the last maturing series of outstanding Bonds, whether by advance retirement or otherwise, collection of all or a portion of the principal and interest on the assessments shall be discontinued and at the written direction of the City the Reserve Fund shall be liquidated in retirement of the Bonds. SECTION 16. The net proceeds from the sale of the Bonds, less the amounts specified herein for deposit in the Reserve Fund, shall be placed in a fund created pursuant to Sections 10424 and 10602 of the Code, which shall be held by the City Treasurer/Finance Director, called the "Assessment District No. 2000-1 (Phase VI Improvements) Improvement Fund," and the moneys in said fund shall be used only for the purposes authorized in the assessment proceedings and shall be invested and disbursed to pay the costs of issuance of the Bonds and the costs of improvements in accordance with the written direction of the City Treasurer/Finance Director, Director of Public Works/City Engineer, or City Manager. SECTION 17. Principal of, interest on, and capitalized interest through and including September 2, 2000, on the Bonds shall be paid out of the Redemption Fund created pursuant to Section 8671 of the Code, to be held and maintained by the City Treasurer/Finance Director and called the "Assessment District No. 2000-1 (Phase VI Improvements) Redemption Fund." Accrued interest paid by the purchaser of the Bonds, if any, shall be deposited in said fund. The City Treasurer/Finance Director shall deposit, as received, all installments and prepayments of the assessments with respect to the principal, redemption premiums and interest of the Bonds and the City Treasurer/Finance Director shall hold all such moneys in said funds and use the same for the payment of principal, interest and redemption premiums, if any, on the Bonds. SECTION 18. The City Treasurer/Finance Director is hereby instructed to cause Bonds, as set forth above, to be printed, and to proceed to cause said Bonds to be authenticated and delivered to any authorized representative of the purchaser, upon payment of the purchase price as set forth in the Bond Purchase Agreement for the Bonds. SECTION 19. In order to maintain the exemption from federal income taxation of interest on the Bonds, the City covenants to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended, and all regulations, rulings and decisions in connection therewith. SECTION 20. Except as otherwise provided herein, all moneys held by the Paying Agent in any of the bunds or accounts established pursuant to this resolution shall be invested as directed in writing by the City Treasurer/Finance Director and all investment earnings shall be credited to the fund or account so invested. If the Paying Agent does not receive such written direction, it shall invest such moneys in units of a taxable government money-market fund. The Paying Agent shall have no liability or responsibility for any loss resulting from any investment made in accordance with the provisions of this section or for determining that any directed investment is a permitted investment. SECTION 21. U.S. Bank Trust National Association is hereby designated Paying Agent, Transfer Agent, and Registrar with respect to these proceedings and the Bonds to be issued. The 34j City Manager, City Treasurer/Finance Director, or Director of Public Works/City Engineer is hereby authorized to enter into and execute a Paying Agent Agreement, the form and contents of which shall be approved by the City Manager or City Treasurer/Finance Director, with the Paying Agent. The city shall from time to time, subject to any agreement between the City and the Paying Agent for all its advances and expenditures, including, but not limited to, advances to and fees and expenses of independent accountants, counsel and engineers or other experts employed by it in the exercise and performance of its powers and duties hereunder, and indemnify and save the Paying Agent harmless against liabilities not arising from its own negligence or willful misconduct which it may incur in the exercise and performance of its powers and duties hereunder, which indemnity shall survive discharge of the Bonds. SECTION 22. If, after completion of the improvements to be constructed from the proceeds of the Bonds to be issued hereby, it is determined by the City Treasurer/Finance Director there is a surplus in the Improvement Fund established hereby and held by the City Treasurer/Finance Director, upon the written direction of the City Treasurer/Finance Director, shall transfer such moneys into the Reserve Fund established pursuant to Section 17 up to the Reserve Requirement. Any excess moneys shall be transferred into the Redemption Fund and such moneys shall be used for payment of principal of and interest on the Bonds. The amount of such transfer shall be applied by the City Treasurer/Finance Director as a credit against the installments of assessments to be collected, in accordance with the provisions of Sections 10427 and 10427.2, inclusive, of the Code. SECTION 23. Pursuant to Streets and Highways Code Section 8769, this Council hereby determines that the City will not obligate itself to advance available funds from the City Treasury 'to cure any deficiency which may occur in the Redemption Fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. SECTION 24. The City Council hereby approves the Preliminary Official Statement and authorizes distribution thereof. The City Manager, the City Treasurer/Finance Director, or Direct of Public Works/City Engineer is hereby authorized and directed to execute a Final Official Statement consistent therewith. The City hereby covenants and agrees that it will execute, comply with, and carry out all of the provisions of the Continuing Disclosure Certificate if directed by Bond Counsel. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; however, any Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. SECTION 25. In the event an initiative petition is submitted to the City which purports to reduce or repeal the assessments levied pursuant to the proceedings taken hereunder by the City Council, the City Council hereby covenants, to the extent permitted by law, to commence and pursue, but solely from funds available in the Assessment District No. 2000-1 (Phase VI 3Jv Improvements) Improvement Fund, all available judicial remedies in order to preserve and protect the assessments and any installments thereof and the lien securing said assessments. SECTION 26. The terms and conditions of this resolution relating to the terms and conditions of the Bonds and other non -substantive terms and provisions of this Resolution, as determined by Bond Counsel, may be amended and modified prior to the closing of delivery of the Bonds by a written amendment executed by the City Manager, City Treasurer/Finance Director, or Director of Public Works/City Engineer and countersigned by Bond Counsel. SECTION 27. The City Council finds that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to paragraph (1) of subdivision (b) of Streets and Highways Code Section 2961, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Streets and Highways Code Section 2961. PASSED, APPROVED AND ADOPTED this 6ch day of June, 2000 at a regular Council meeting by the following vote: AYES: Council Members: NOES: ABSENT: ABSTAIN: JOHN J. PENA, MAYOR City of La Quinta, California ATTEST: JUKE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, June S. Greek, City Clerk of the City of La Quinta, DO HEREBY CERTIFY that the foregoing Resolution No. is a full, true and correct copy as adopted by the City Council on June 6, 2000. JUKE S. GREEK, City Clerk City of La Quinta, California 35`` 1 ��711�11 Y •il A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) AND THE MANNER OF PAYMENT THEREOF AND LISTING BONDS ISSUED ON THE SECURITY THEREOF WHEREAS, this Council has taken proceedings under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (the "Code"), and has confirmed an assessment which was recorded in the office of the Superintendent of Streets, and the Assessment Diagram and Notice of Assessment which were recorded in the office of the County Recorder of Riverside County; and WHEREAS, the proceedings provided that bonds would be issued pursuant to the Improvement Bond Act of 1915, Division 10 of the Code (the "Bonds"); and WHEREAS, a list of unpaid assessment has been filed with the City Clerk pursuant to Section 8620 of the Code, following the expiration of the cash collection period; and WHEREAS, this Council has, pursuant to Section 8650.1 of the Code, established the denomination of the Bonds and the amounts to mature each year which is other and different than that provided in Section 8650 of the Code; and WHEREAS, the Bonds are to be a combination of serial and term bonds numbered in consecutive numerical order. The Bonds are to be dated the date of their delivery. The first payment of interest is payable on September 2, 2000 and thereafter the interest is payable semi-annually on September 2 and March 2 of each year. The bonds shall mature on September 2 in the amounts and years and bear interest from their dates at the rates to be established in the purchase contract for the Bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The unpaid assessments which provide the security for the Bonds which are to be issued are determined to be as set forth in the recitals hereof. SECTION 2. The unpaid assessments securing the Bonds shall be payable in the manner provided in Section 8680 et seq. of the Code and shall be payable in the same manner and at the same time and in the same installments as the general taxes of the City on real property are payable. Pursuant to Section 8682 of the Code, a certified copy of this resolution and a copy of the list of unpaid assessments shall be filed by the City Clerk and the office of the Auditor/Controller of Riverside County, California. �J h The County Auditor shall enter in his assessment roll on which taxes will next become due the amount coming due during the fiscal year covered by the applicable assessment roll pursuant to said Section 8682. vote: PASSED, APPROVED AND ADOPTED this 6th day of June, 2000 by the following AYES: Council Members: NOES: ABSENT: ABSTAIN: JOHN J. PENA, MAYOR City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn C. Honeywell, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, June S. Greek, City Clerk of the City of La Quinta, DO HEREBY CERTIFY that the foregoing Resolution No. is a full, true and correct copy as adopted by the City Council on June 6, 2000. Dated: JUKE S. GREEK, City Clerk City of La Quinta, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA COVENANTING DILIGENT PROSECUTION OF FORECLOSURE OF DELINQUENT ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) WHEREAS, the City Council of the City of La Quinta has declared its intention to order certain work, acquisitions and improvements to be made and to issue improvement bonds to represent unpaid assessments in Assessment District No. 2000-1 (Phase VI Improvements), all pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915, as described in the resolution; and WHEREAS, section 8830(b) of the California Streets and Highways Code authorizes a legislative body issuing bonds under the Improvement Bond Act of 1915 to covenant, by resolution, to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessment which secure the bonds and to specify, by resolution, a deadline for commencement of such foreclosures and such other terms and conditions regarding it as the legislative body may determine to be reasonable; and WHEREAS, the Council, by the above resolution, also declared its intention to covenant, pursuant to such provision, for such diligent foreclosure. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City of La Quinta (the "City") covenants with and for the benefit of the owners of the limited obligation bonds issued by the City with respect to Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), that it will order and caused to be commenced by November 1 of each calendar year, and thereafter diligently prosecute, an action in the Superior Court to foreclose the lien of any delinquent assessment or delinquent installment thereof, against: (1) Any parcel in the District, whose delinquent assessments for the immediately preceding fiscal year, exceeds $2,000.00; and (2) Any parcel in the District, whose aggregate delinquent assessments for the immediately preceding three (3) fiscal years, exceeds $2,000.00; and (3) All parcels in the District having delinquent assessments for the immediately preceding fiscal year (regardless of the amount of such delinquency), if the aggregate dollar amount of delinquencies in the District for the immediately preceding fiscal year, exceeds 10% of the total amount of dollars actually levied on all parcels in the District immediately preceding fiscal year. For the purpose of this Section 1, the word "commenced" shall mean the initiation by the City of any reasonable process to collect delinquent assessments in accordance with this Section 1, including, without limitation, causing delinquency notice and demand letters to be sent to the owners of delinquent parcels and/or the recording of a Notice of Intent to Remove Delinquent installments of Special Assessments with the County Recorder's office in accordance with the requirements of Section 8833 of the Streets and Highways Code of the State of California, as the same may be amended, provided that any such parcels shall ultimately be sent to an attorney designated by the City to be foreclosed in accordance with applicable law. PASSED, APPROVED and ADOPTED this 6th day of June, 2000 by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUKE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 3�" STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LA QUINTA I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing Resolution No. is a full, true and correct copy as adopted by the City Council on June 6, 2000. Dated: JUKE S. GREEK, City Clerk City of La Quinta, California 353 RESOLUTION NO. -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AWARDING THE SALE OF ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) LIMITED OBLIGATION IMPROVEMENT BONDS WHEREAS, the City Council of the City of La Quinta heretofore negotiated for the sale of improvement bonds to be issued by the City of La Quinta Assessment District No. 2000-1 (Phase VI Improvements) pursuant to the Improvement Bond Act of 1915 (the "Bonds"); and WHEREAS, the underwriting firm of Miller & Schroeder Financial, Inc. ("Underwriter") has submitted a form of written Bond Purchase Agreement pursuant to said negotiations which has been reviewed and considered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The form of the Bond Purchase Agreement of the Underwriter for $ par value of the Bonds, subject to the terms of Section 2, shall be and is hereby accepted, and upon their issuance the City Treasurer is hereby authorized and directed to deliver the Bonds to the Underwriter upon payment to the City Treasurer of the purchase price. The Bonds shall bear interest at the rates established in said Bond Purchase Agreement, payable September 2, 2000, and semiannually thereafter. SECTION 2. The sale of the Bonds to the Underwriter at a purchase price of not less than the aggregate principal amount of the Bonds less the Underwriter's commission not to exceed 1.65% of the face value of the Bonds and at an interest rate of not to exceed 7.00% is hereby authorized, approved and confirmed, and the City Manager, Finance Director or Director of Public Works/City Engineer, or their designees are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to effectuate the sale of the Bonds. SECTION 3. Subject to the above terms, the form and content of the Bond Purchase Agreement is hereby authorized, approved and confirmed, and the City Manager, Finance Director or Director of Public Works/City Engineer or their designees are hereby authorized, empowered and directed to accept the Bond Purchase Agreement for and on behalf of the City in substantially the form and content now before this Council but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their acceptance thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions, or deletions therein from the form and content of the Bond Purchase Agreement now before this Council and that, from and after the execution and delivery of the purchase contract, the City Manager or his designee is hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply withy the provisions of the Bond Purchase Agreement as executed. 35 PASSED, APPROVED and ADOPTED this 6ch day of June, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN L. PENA, Mayor City of La Quinta, California ATTEST: June S. Greek, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California d6�� STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LA QUINTA I, DUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing Resolution No. _- is a full, true and correct copy as adopted by the City Council on June 6, 2000. Dated: JUNE S. GREEK, City Clerk City of La Quinta, California . C ATTACHMENT NO. 1 Preliminary Official Statement Dated June _, 2000 NEW ISSUE (BOOK ENTRY ONLY) NO RATING In the opinion of Rutan & Tucker LLP, Bond Counsel, based on existing statutes, regulations, rulings and court decisions and assuming, among other matters, compliance with certain covenants, interest on the Bonds is excluded from gross income for federal tax purposes. In the opinion of Bond Counsel, such interest is also exempt from State of California personal income taxes. In the opinion of Bond Counsel, interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, although Bond Counsel observes that it is included in adjusted net book income and adjusted current earnings in calculating corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding other federal income tax consequences caused by the accrual or receipt of interest on the Bonds. See "CONCLUDING INFORMATION -Tax Exemption" herein. Dated: Date of Delivery $296909000* CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds Due: September 2, as shown below The Bonds which comprise the issue described herein are issued by the City of La Quinta, California (the "City") pursuant to the Improvement Bond Act of 1915, constituting Division 10 (commencing with Section 8500) of the Streets and Highways Code (the "1915 Act"), and are secured by assessments levied in proceedings conducted by the City pursuant to the Municipal Improvement Act of 1913, constituting Division 12 (commencing with Section 10000) of the California Streets and Highways Code (the "1913 Act"). The Bonds are being issued for the purpose of constructing certain sewer improvements within the City's Assessment District No. 2000-1 (Phase VI Improvements) (the "Assessment District"). The Bonds will be secured by unpaid assessments on land within the Assessment District. Under provisions of the 1915 Act, installments of principal and interest sufficient to meet annual debt service requirements of the Bonds are to be included on the regular property tax bills sent to the owners of property within the Assessment District against which there are unpaid assessments. These annual installments are to be paid into the Redemption Fund for the Bonds and used to pay debt service on the Bonds as it becomes due. The Bonds will be prepared as fully registered bonds and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository of the Bonds. Individual purchases will be made in book -entry form only in denominations of $5,000 and integral multiples thereof. Beneficial owners of Bonds will not receive physical certificates representing the Bonds purchased, but will receive a credit balance on the books of the nominees of such purchasers. Principal and interest due with respect to the Bonds will be paid by U.S. Bank Trust National Association, as Paying Agent (the "Paying Agent") to DTC, which is obligated in turn to remit such principal and interest to the DTC participants for subsequent disbursement to the beneficial owners of the Bonds, as described herein. Principal of the Bonds will be payable upon presentation and surrender thereof at the corporate trust office of the Paying Agent. Interest on the Bonds will be payable semiannually on March 2 and September 2 of each year (each an "Interest Payment Date"), commencing September 2, 2000 by check mailed by first class mail to the persons in whose name such Bonds are registered at the close of business on the Record Date, which is the fifteenth day of the month preceding each Interest Payment Date. Interest may also be payable by wire transfer pursuant to the procedures described in the Resolution (defined herein). AS DESCRIBED HEREIN, THE BONDS ARE SUBJECT TO OPTIONAL REDEMPTION PRIOR TO MATURITY. . MATURITY SCHEDULE* Maturity Maturity Date Principal Interest Date Principal Interest September 2 of Amount Rate Yield September 2 of Amount Rate Yield 2001 $115,000 2006 $155,000 2002 125,000 2007 160,000 2003 130,000 2008 170,000 2004 135,000 2009 185,000 2005 145,000 2010 195,000 $1,175,000 - % Term Bonds due September 2, 2015 Yield - % The Bonds are limited obligations of the City payable solely from annual assessment installments and from amounts held in certain funds established in the Resolution (defined herein). The Bonds are not secured by the general taxing power of the City, the County of Riverside (the "County"), the State of California (the "State") or any of its political subdivisions, nor is the full faith and credit of the City, the County, the State or any of its political subdivisions pledged to the payment of the Bonds. The City shall not be obligated to use available funds (including any surplus funds) to purchase delinquent parcels or to pay any delinquent installment and future installments of the assessments on delinquent parcels. (See "THE BONDS —Assessments" herein). The owners of the Bonds must assume, therefore, that the sole source of funds with which to cover deficiencies in the Redemption Fund will be the Reserve Fund. See the section of this Official Statement entitled "SPECIAL RISK FACTORS" for a discussion of special factors which should be considered, in addition to the other matters set forth herein, in evaluating the investment quality -of the Bonds. The Bonds are being offered by the Underwriter when, as and if issued by the City and accepted by the Underwriter, subject to the approval of legality by Rutan & Tucker LLP, Costa Mesa, California, Bond Counsel. Certain legal matters will be passed on for the Underwriter by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. It is expected that the Bonds will be available for delivery to DTC in New York, New York on or about June _, 2000. 9 Miller & Schroeder Financial, Inc. 3 ` 2) The Date of this Official Statement is June _, 2000. 0�4J Preliminary, subject to change. CITY OF LA QUINTA, CALIFORNIA CITY COUNCIL John J. Pena, Mayor Stanley Sniff, Mayor Pro Tem Don Adolph, Council Member Terry Henderson, Council Member Ronald Perkins, Council Member CITY STAFF Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager Chris Vogt, City Engineer/Public Works Director Jerold Herman, Community Development Director John M. Falconer, Finance Director June S. Greek, City Clerk Dawn Honeywell, Esquire, City Attorney BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California ASSESSMENT ENGINEER MuniFinancial Temecula, California DESIGN ENGINEER Korve Engineering La Quinta, California UNDERWRITER'S COUNSEL Stradling Yocca Carlson & Rauth a Professional Corporation Newport Beach, California PAYING AGENT U.S. Bank Trust National Association Los Angeles, California UNDERWRITER Miller & Schroeder Financial, Inc. 3 6 n Solana Beach, California `6 TABLE OF CONTENTS Page Page INTRODUCTORY STATEMENT ...................... 1 Taxes and Prior Assessments ............ 18 THE BONDS ................................................. 2 Direct and Overlapping Authority for Issuance ......................... 2 Indebtedness ................................ 18 Description of the Bonds .................... 2 Property Values ................................. 18 Bond Payment, Registration Secondary Market .............................. 19 and Transfer .................................. 2 Loss of Tax Exemption ..................... 19 Book -Entry System ............................. 4 No Acceleration Provision ................ 19 Redemption of the Bonds .................... 5 RELEVANT CALIFORNIA CONSTITUTIONAL Sources and Application of Funds ...... 7 PROVISIONS ........................................ 19 Improvements ..................................... 7 Article XIIIA and Article XIIIB ........ 19 Estimated Debt Service Schedule ....... 8 Article XIIIC and Article XIIID........ 21 SECURITY FOR THE BONDS .......................... 8 Hazardous Substances ....................... 21 Assessments ........................................ 8 CONTINUING DISCLOSURE ......................... 22 Foreclosure Proceedings and ABSENCE OF MATERIAL LITIGATION .......... 22 Sales of Tax -Defaulted TAX EXEMPTION ........................................ 22 Property ......................................... 9 APPROVAL OF LEGALITY ........................... 23 THE RESOLUTION ........................................ 10 UNDERWRITING ........................................ 23 THE ASSESSMENT DISTRICT ........................ 13 NO RATING ................................................ 23 General ................................................ 13 MISCELLANEOUS....................................... 24 Cost Estimate ...................................... 14 APPENDIX A Direct and Overlapping Debt .............. 15 General Information and Economic Property Values ................................... 15 Profile of the City of La Quinta......... A-1 SPECIAL RISK FACTORS ............................... 16 APPENDIX B Limited Obligations - Failure to Pay Final Assessment Engineer's Assessment Installments ............... 16 Report and Assessment Bankruptcy and Foreclosure .............. 17 Diagram ............................................. B-1 Availability of Funds to Pay APPENDIX C Delinquent Assessment Form of Continuing Disclosure Installments .................................. 17 Certificate .......................................... C-1 No dealer, broker, salesperson or other person has been authorized by the City of La Quinta or the Underwriter to give any information or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor will there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the City of La Quinta and other sources which are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and it is not to be construed as a representation by the City of La Quinta. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create any implication that there has been no change in the affairs of the City of La Quinta since the date hereof. OFFICIAL STATEMENT $2,690,000* CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds INTR OD UC T OR Y S TA TEMENT The purpose of this Official Statement is to set forth certain information concerning the issuance and sale by the City of La Quinta, California (the "City") of $2,690,000* of its Assessment District No. 2000-1 (Phase VI Improvements) (the "Assessment District"), Limited Obligation Improvement Bonds (the 'Bonds"). The Assessment District was formed pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (the "1913 Act"). The City is issuing the Bonds pursuant to the Constitution and laws of the State of California (the "State"), and particularly the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "1915 Act"), and a resolution of issuance adopted by the City Council on June 6, 2000 (the "Resolution"). The City will use the proceeds of the Bonds to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City will issue the Bonds and the Bonds will be payable from the annual assessment installments collected on the regular property tax bills sent to owners of property within the Assessment District having unpaid assessments levied against them. The annual assessment installments, levied against the property within the Assessment District to pay the debt service on the Bonds, will constitute a priority lien against the property within the Assessment District, which lien is co -equal to general property taxes levied by the County of Riverside (the "County"). See "THE BONDS —Assessments" herein. The Bonds are payable from the annual assessment installments collected on the regular property tax bills sent to owners of property within the Assessment District having unpaid assessments levied against them. In the event of a delinquency in the payment of any installment of an assessment, the City will transfer from the Reserve Fund to the redemption fund established for the Bonds (the "Redemption Fund") the amount necessary to pay the next maturing installment of principal and interest on the Bonds. The Reserve Fund will be funded from proceeds from the sale of the Bonds in an amount equal to $ . There is no obligation on the part of the City to use funds of the City to make such payment. (See "THE BONDS —Assessments" herein.) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY, THE COUNTY OF RIVERSIDE, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE CITY, BUT ARE LIMITED OBLIGATIONS OF THE CITY SECURED BY AND PAYABLE SOLELY FROM THE ASSESSMENTS AND THE AMOUNTS IN THE REDEMPTION FUND Preliminary, subject to change. rr��** 3 6 14 0�9 AND THE RESERVE FUND CREATED UNDER THE RESOLUTION. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE BONDS ARE NOT A DEBT OF THE CITY, THE COUNTY OF RIVERSIDE, THE STATE OF CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION OR RESTRICTION. See the section of this Official Statement entitled "SPECIAL RISK FACTORS" for a discussion of special factors which should be considered, in addition to other matters set forth herein, in considering the investment quality of the Bonds. This Official Statement contains brief descriptions of, among other things, the City, the Assessment District, the Resolution, the Bonds and the security for the Bonds. Such descriptions do not purport to be comprehensive or definitive. All references in this Official Statement to documents are qualified in their entirety by reference to such documents and to the form of the Bonds included in the Resolution. Copies of the Resolution and other documents described in this Official Statement may be obtained at the office of Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 100, Solana Beach, California 92075 and thereafter from the City Clerk's office, City of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253. THE BONDS Authority for Issuance The proceedings for the Assessment District were initiated in response to the need to undertake certain improvements as initiated by the City on behalf of the owners of the properties within the Assessment District and subsequent adoption of Resolution No. (the "Resolution of Intention") by the City on February 15, 2000. The Bonds represent, and are secured by, unpaid assessments levied against private property in the Assessment District in accordance with the provisions of the 1913 Act and will be issued pursuant to the 1915 Act. Description of the Bonds The Bonds will be dated June 1, 2000, and will bear interest at the rates, and will mature in the principal amounts and on the dates, set forth on the cover page of this Official Statement. The Bonds are issued as fully registered bonds in the denomination of $5,000 each or any integral multiple thereof and shall be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company. The Bonds shall be evidenced by one Bond maturing on each of the maturity dates of the Bonds in a denomination corresponding to the total principal amount of the Bonds payable on such date. Bond Payment, Registration and Transfer Interest on the Bonds will be payable semiannually on March 2 and September 2 of each year (each an "Interest Payment Date"), commencing on September 2, 2000. Principal of and premium, if any, on the Bonds are payable at the principal corporate trust office of U.S. Bank Trust National Association, Los Angeles, California, the paying agent, registrar and transfer agent (the "Paying Agent"), and interest thereon is payable by check mailed by first class mail to the respective registered owners as their names appear on the registration books of the Paying Agent as of the fifteenth day of the month immediately preceding each Interest Payment Date (the "Record Date"). 363 2 01J Each Bond shall bear interest from the Interest Payment Date next preceding the date on which it is authenticated and registered, unless it is authenticated and registered (i) after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) on or before the first Record Date, in which event it shall bear interest from June 1, 2000, or (iii) on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; provided, however, that if at the time of authentication and registration of a Bond interest thereon is in default, such Bond shall bear interest from the date to which interest shall have been paid. Any Bond may, in accordance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of the Resolution, by the owner in whose name it is registered, or by his duly authorized attorney or legal representative, upon surrender of such Bond for registration of such transfer, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent and duly executed by the owner of said Bond. The Paying Agent shall require the payment by the owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer and such charges as provided for in the system of registration for registered debt obligations. No transfer of Bonds shall be required to be made during the fifteen (15) days preceding the selection of any Bonds for redemption prior to the maturity thereof, nor with respect to any Bond which has been selected for redemption prior to the maturity thereof. Upon any such registration of transfer, a new Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the transferee, of any denomination or denominations authorized by the Resolution, and in an aggregate principal amount equal to the principal amount of such Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Paying Agent shall authenticate at the earliest practical time, Bonds in accordance with the provisions of the Resolution. All Bonds surrendered in such exchange or registration transfer shall forthwith be canceled. Bonds may be exchanged at the office of the Paying Agent for a like aggregate principal amount of Bonds of the same series, interest rate and maturity, subject to the terms and conditions provided in the system of registration for registered debt obligations, including the payment of certain charges, if any, upon surrender and cancellation of the Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor, such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. In case any Bond becomes mutilated or destroyed, stolen or lost,' the City shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond mutilated, destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Fiscal Agent and City of evidence satisfactory to them that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Paying Agent and City with indemnity satisfactory to them. All Bonds paid or redeemed, either at or before maturity, shall be canceled upon the payment or redemption of such Bonds, and shall be delivered to the Paying Agent when such payment or redemption is made: All Bonds canceled under any of the provisions of the Resolution shall be destroyed by the Paying Agent, which shall execute a certificate in duplicate describing the Bonds so destroyed, and shall retain said executed certificate in its permanent files for the issue. 3 6 J1 3 0 Book Entry System (a) Original Delivery. The Bonds shall be initially delivered in a form of a separate single fully registered Bond (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the ownership of each such Bond shall be registered on the Registration Books in the name of the nominee. Except as provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the nominee on the Registered Books. With respect to the Bonds the ownership of which shall be registered in the name of the nominee, the City and the Paying Agent shall have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the City holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the City and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than an Owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interest in the Bonds to be redeemed in the event the City elects to prepay the Bonds in part, (iv) the payment to any Depository System Participant or any person other than an Owner as shown in the Registration Books, of any amount with respect to the principal, premium, if any, or interest on the Bonds or (v) any consent given or other action taken by the Depository as Owner of the Bonds. The City and the Paying Agent may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal, premium and interest in such Bond, for the purpose of giving notices of redemption or other matters with respect to such Bond for the purpose of registering transfers of ownership of such Bond and for all other purposes whatsoever. The Paying Agent shall pay the principal of and interest and premium, if any, on the Bonds only to respective Owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than an Owner shall receive a Bond evidencing the obligation of the City to make payment of principal, interest and premium, if any, pursuant to the letter. Upon delivery by the Depository to the nominee of written notice to the effect that the Depository has determined to substitute a new nominee in its place, and subject to the provision herein with respect to Record Dates, such new nominee shall become the nominee hereunder for all purposes; and upon receipt of such notice the City shall promptly delivery a copy of the same to the Paying Agent. (b) Representation Letter. In order to qualify the Bonds for the Depository's book -entry, the City and the Paying Agent shall execute and deliver to such Depository a letter representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the City or the Paying Agent any obligation whatsoever with respect to persons having interests in the Bonds other than the Owners. The Paying Agent agrees to comply with all provisions in such letter with respect to the giving of notices thereunder by Paying Agent. In addition to the execution and delivery of such letter, the City may take any other actions, not inconsistent with the letter, to qualify the Bonds of the Depository book -entry program. (c) Transfers Outside Book -Entry System. In the event that either (i) the Depository determines not to continue to act as Depository of the Bonds, or (ii) the City determines to terminate the Depository as such, then the City shall thereupon discontinue the book -entry system with such Depository. In such event, the Depository shall cooperate with the City and the Paying Agent in the issuance of replacement Bonds by providing the Paying Agent with a list showing the interests of the Depository System Participants in the Bonds, and by surrendering the Bonds, registered in the name of the nominee, to the Paying Agent on or before the date of such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisions of this subsection (c). If, prior to the termination of the Depository acting as such, then the Bonds shall no longer be required to be registered in the Registration Books in the name of the nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Section. Prior to its termination, the Depository shall furnish the Paying Agent with the names and addresses of the Depository System Participants and respective ownership interest thereof. (d) Payments of the Nominee. Notwithstanding any other provisions of the letter to the contrary, so long as any Bond is registered in the name of the nominee, all payments with respect to principal of and interest and premium, if any, on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the letter described in subsection (b) above or as otherwise instructed by the Depository. Redemption of the Bonds motional Redemption. Any Bond may be redeemed in whole or in part in integral multiples of $5,000 on any Interest Payment Date, at the option of the City upon 30 days' notice to the Bondowner from moneys on deposit with the Paying Agent, at the following prices, expressed as a percentage of the principal amount of Bonds called for redemption, together with accrued interest to the date of redemption: 103% if redeemed on or before September 2, 2007. 102% if redeemed on March 2 or September 2, 2008. 101 % if redeemed on March 2 or September 2, 2009. 100% if redeemed on March 2 or September 2, 2010 and thereafter. Mandatory Redemption from the Prepayment of Assessments. Any Bond shall be subject to redemption in whole, or in part, in integral multiples of $5,000 on any Interest Payment Date from proceeds of refunding bonds pursuant to the 1915 Act (if any such refunding bonds are sold), from repayments of assessments deposited in the Prepayment Account of the Redemption Fund, from excess proceeds in the Assessment Fund or from surplus moneys in the Improvement Fund, upon 30 days' notice to the Bondowner and payment of the principal amount thereof and interest accrued thereon to the date of redemption, at the redemption prices shown above. Sinking Fund Redemption. The Bonds maturing on September 2, 2015, are subject to a mandatory redemption, in part by lot, from sinking fund payments on September 2, 2011, and on September 2 in each year thereafter to and including September 2, 2015, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some, but not all, of the Bonds maturing September 2, 2015 have been optionally redeemed pursuant to the above - described optional redemption provisions, the total amount of sinking fund payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of 363 I 0a3 the Bonds maturing September 2, 2015 optionally redeemed by reducing each such future sinking fund payment on a pro-rata basis (as nearly as practicable) in integral multiples of $5,000: September 2 Sinking Fund Payment 2011 $205,000 2012 220,000 2013 235,000 2014 250,000 2015 265,000 Notice of Redemption. When the Paying Agent shall receive notice from the City of its election to redeem Bonds at least sixty (60) days prior to the applicable redemption date, or when Bonds are otherwise to be redeemed pursuant to the Paying Agent Agreement, the Paying Agent shall give notice, in the name and at the expense of the City, of the redemption of such Bonds. Such notice of redemption shall (a) specify the CUSIP numbers and the numbers of the Bonds selected for redemption, except that where all the Bonds are subject to redemption, the numbers thereof need not be specified; (b) state the date fixed for redemption; (c) state the redemption price; (d) state the place or places where the Bonds are to be redeemed; and (e) in the case of Bonds to be redeemed only in part, state the portion of the Bond which is to be redeemed. Such notice shall further state that on the date fixed for redemption there shall become due and payable on each Bond, or portion thereof called for redemption, the principal thereof, together with any premium, and interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue and be payable. At least 30 days but no more than 45 days prior to the redemption date, the Paying Agent shall mail by registered or certified mail, a copy of such notice, postage prepaid, to the respective owners of the Bonds to be redeemed at their addresses appearing on the bond register. The actual receipt by the owner of any Bond of notice of such redemption shall not be a condition precedent thereto, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such Bonds, or the cessation of interest on the redemption date. A certificate by the Paying Agent that notice of such redemption has been given as herein provided shall be conclusive as against all parties, and it shall not be open to any Bondowner to show that he or she failed to receive notice of such redemption. The Paying Agent shall also give notice of redemption pursuant to the Paying Agent Agreement to any registered securities depositories or national information services specified in the Paying Agent Agreement. 03z# f 6 Sources and Application of Funds The Bond proceeds are expected to be applied as follows: Sources of Funds Principal Amount of Bonds......................................................... $2,690,000.00' PrepaymentAmount.................................................................... AccruedInterest........................................................................... Less: Bond Discount................................................................... TOTAL.................................................................................. Application of Funds ImprovementFund....................................................................... RedemptionFund (1)...............................................:................... ReserveFund (2).......................................................................... TOTAL.................................................................................. (1) An amount representing accrued and capitalized interest on the Bonds through September 2, 2000. (2) An amount equal to the Reserve Requirement. Improvements The improvements to the sewer system include the design and construction of approximately 27,000 linear feet of VCP local gravity flow sewer line and 600 linear feet of sewer laterals to the individual parcels to collect wastewater. Improvements to the sewer collection system are planned for each of the four benefit zones in the District. Upon completion of these improvements, all parcels in the District will have access to the municipal sewerage system. Property owners who then decide to abandon their existing septic system and connect to the municipal sewerage system will be responsible for constructing the extension of the lateral onto their private property. In addition, property owners who wish to connect to the municipal sewerage system will be responsible for the capacity connection charge assessed by the Coachella Valley Water District. ` Preliminary, subject to change. 3 `1 1 7 0JJ Estimated Debt Service Schedule Set forth below is the estimated debt service schedule for the Bonds: Maturity Principal Total (September 2) Amount Interest Debt Service (1) 2000 -- $ 42,096.35 $ 42,096.35 2001 $ 115,000.00 166,535.00 281,535.00 2002 125,000.00 160,555.00 285,555.00 2003 130,000.00 153,805.00 283,805.00 2004 135,000.00 146,525.00 281,525.00 2005 145,000.00 138,830.00 283,830.00 2006 155,000.00 130,420.00 285,420.00 2007 160,000.00 121,275.00 281,275.00 2008 170,000.00 111,675.00 281,675.00 2009 185,000.00 101,305.00 286,305.00 2010 195,000.00 89,835.00 284,835.00 2011 205,000.00 77,550.00 282,550.00 2012 220,000.00 64,020.00 284,020.00 2013 235,000.00 49,500.00 284,500.00 2014 250,000.00 33,990.00 283,990.00 2015 265,000.00 17,490.00 282,490.00 Total $2,690,000.00 $1,605,406.35 $4,295,406.35 (1) Based on an estimated net interest cost of 6.5598%. SECURITY FOR THE BONDS Assessments The Bonds are secured by unpaid assessments which have been levied against the private properties within the Assessment District, together with interest thereon, in accordance with proceedings conducted by the City under the 1913 Act. Payments of principal and interest on such outstanding assessments together with interest and penalties, if any, on delinquent assessment payments will be deposited in the Redemption Fund to be held by the City Treasurer/Finance Director. The Redemption Fund and the Reserve Fund constitute trust funds for the payment of the principal of and interest on the Bonds, which are payable solely out of the Redemption Fund and the Reserve Fund. The assessments are payable in annual installments over a period of years corresponding to the final term to maturity of the Bonds. The aggregate amount of assessment installments coming due in each fiscal year represents the aggregate principal amount of Bonds maturing or subject to mandatory sinking fund redemption in the following calendar year and interest due on the Bonds in such calendar year. Interest accrues on the outstanding principal balance of each assessment at a rate equal to the interest rate on the Bonds, and is payable together with the principal installments of the assessments. The amount of each assessment was fixed at the time of levy thereof, and failure by any landowner to pay any assessment installment will not result in an increase in the assessment against any other parcel of land. The assessment and each installment thereof and any interest and penalties thereon constitute liens against the parcels of land on which they were levied until paid. Such assessment liens have priority over all existing and future private liens and over fixed special assessment N. VJ� liens which may subsequently be levied against such parcel, are co -equal to and independent of the lien for general property taxes and special taxes and are subordinate to all fixed special assessment liens previously levied against the same parcel. Although the unpaid balance of each assessment constitutes a lien on the assessed parcel, it does not constitute a personal indebtedness of the owner of such parcel. The City cannot assure that the owners of the parcels included in the Assessment District will be financially able to pay the assessment installments when due, or that they will pay such assessment installments even if financially able to do so. See "SPECIAL RISK FACTORS" herein. The Bonds are not secured by the general taxing power of the City, the County of Riverside, the State of California or any political subdivision thereof, and neither the faith and credit nor the taxing power of the City, the County of Riverside, the State of California or any political subdivision thereof is pledged to the payment of the Bonds. The unpaid assessment will be billed and collected in installments, together with interest on the declining balance, in the same manner and time as the County tax roll on which general taxes on real property are collected, and are payable and become delinquent at the same time and in the same proportionate amounts as do said general taxes, and the property upon which the assessment was levied is subject to the same provisions for sale and redemption as are properties for nonpayment of general taxes. See "Foreclosure Proceedings and Sales of Tax -Defaulted Property" below. These installments are to be paid into the Redemption Fund which will be held by the City Treasurer/Finance Director and used to pay the principal of and interest on the Bonds as they become due. The assessment installments billed against each parcel of property included in the Assessment District are based on the percentage which the unpaid assessment against the property bears to the total of unpaid assessments in the Assessment District. Foreclosure Proceedings and Sales of Tax -Defaulted Property The 1915 Act provides that upon default in the payment of any assessment installment, the property securing such assessment shall be sold in the same manner in which real property is sold for the nonpayment of general County property taxes, and shall be subject to redemption in the same manner and to the same extent that real property sold for nonpayment of general County property taxes may be redeemed. The 1915 Act also provides that as a cumulative remedy, upon default in the payment of any assessment installment, an action may be brought in the Supreme Court to foreclose the lien of the assessment in accordance with the 1915 Act. Such foreclosure sale procedure is not mandatory. However, in the Resolution, the City covenants with and for the benefit of the owners of the Bonds with respect to the Assessment District that it will order and cause to be commenced by November 1 of each calendar year, and thereafter diligently prosecute, an action in the Superior Court to foreclose the lien of any delinquent assessment or delinquent installment thereof, against: (1) Any parcel in the Assessment District, whose delinquent assessments for the immediately preceding fiscal year, exceeds $2,000; (2) Any parcel in the Assessment District, whose aggregate delinquent assessments for the immediately preceding three (3) fiscal years, exceeds $2,000; and (3) All parcels in the Assessment District having delinquent assessments for the immediately preceding fiscal year (regardless of the amount of such delinquency), if the aggregate dollar amount of delinquencies in the Assessment District for the immediately preceding fiscal year, exceeds 10% of the total amount of dollars actually levied on all parcels in the Assessment District for the immediately preceding fiscal year. 3 l .. 3 VJ� rr!! 9 For the purpose of the Resolution, the word "commenced" shall mean the initiation by the City of any reasonable process to collect delinquent assessments, including, without limitation, causing delinquency notice and demand letters to be sent to the owners of delinquent parcels and/or the recording of a Notice of Intent to Remove Delinquent Installments of Special Assessments with the County Recorders office in accordance with the requirements of Section 8833 of the Streets and Highways Code of the State of California, as the same may be amended, provided that any such parcels shall ultimately be sent to an attorney designated by the City to be foreclosed in accordance with applicable law. Judicial Foreclosure Proceedin—as. The 1915 Act provides that the court in a judicial foreclosure proceeding has the power to order property securing delinquent assessment installments to be sold for an amount not less than all assessment installments, interest, penalties, costs, fees and other charges that are delinquent at the time the foreclosure action is ordered and certain other fees and amounts as provided in the 1915 Act. The court may also include subsequent delinquent assessment installments and all other delinquent amounts. No assurance can be given that in the event of a foreclosure proceeding a parcel could be sold for the amount of the delinquency or that any bid would be received for such property. See "SPECIAL RISK FACTORS —Property Values" herein. The ability of the City to foreclose the lien of a delinquent unpaid assessment may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by California law relating to the judicial foreclosure. See "SPECIAL RISK FACTORS —Bankruptcy and Foreclosure" herein. Sales of Tax -Defaulted Property Generally. Property securing delinquent assessment installments which is not sold pursuant to the judicial foreclosure proceedings described above may be sold, subject to redemption by the property owner, in the same manner and to the same extent as real property sold for nonpayment of general County property taxes. On or before June 30 of the year in which such delinquency occurs, the property becomes tax -defaulted. This initiates a five-year period during which the property owner may redeem the property. At the end of the five-year period the property becomes subject to sale by the County Treasurer and Tax Collector. Except in certain circumstances, as provided in the 1915 Act, the purchaser at any such sale takes such property subject to all unpaid assessments, interest and penalties, costs, fees and other charges which are not satisfied by application of the sales proceeds and subject to all public improvement assessments which may have priority. THE RESOL UTION The following is a summary of selected provisions of the Resolution. This summary does not purport to be complete or definitive and it is qualified in its entirety by reference to the Resolution, a copy of which is available upon request to the City or the corporate trust office of the Paying Agent. Application of Bond Proceeds and Proceeds o Prepayment of Assessments. The proceeds of the sale of Bonds and the proceeds of the prepayment of assessments, if any, shall be received by the City Treasurer/Finance Director and deposited in accordance with the Resolution. Creation of Funds. The City Treasurer/Finance Director is authorized and directed to establish and maintain the following Funds for purposes of making payment for the costs and expenses for the works of improvement and payment of principal and interest on the Bonds. The Funds to be created are designated as follows: Reserve Fund. Pursuant to the provisions of Part 16 (commencing with Section 8880) of Division 10 of the Code from the proceeds received from the sale of the Bonds, except as provided below, an amount equal to the Reserve Requirement which is defined 7 10 0%1)18 as the lesser of (a) maximum annual debt service on the outstanding bonds, (b) 125% of the average annual debt service on the Bonds, or (c) 10% of the amount (within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended) of the Bonds (the "Reserve Requirement") shall be deposited in a special reserve fund (the "Reserve Fund") which the City Treasurer/Finance Director shall establish and maintain. The Reserve Fund shall be designated and identified as the "Assessment District No. 2000-1 (Phase VI Improvements) Reserve Fund." The Reserve Fund shall constitute a trust fund for the benefit of the owners of the Bonds and shall be maintained, used, transferred, reimbursed and liquidated as follows: (a) Whenever there are insufficient funds in the Redemption Fund to pay the next maturing installment of the principal of or interest on the Bonds, an amount necessary to pay such deficiency shall be advanced from the Reserve Fund to the Redemption Fund. The amounts so advanced shall be reimbursed from the proceeds of collection of delinquent assessments on the redemption or sale of the parcels for which payment of delinquent installments of assessments and interest thereon has been made from the Reserve Fund. (b) In the event unpaid assessments are paid in advance, the assessments thus paid shall be reduced by an amount equal to the ratio of the original amount of the assessment being prepaid to the total amount originally assessed in the proceedings represented by Bonds multiplied by the amount contained in the Reserve Fund, and the amount thus determined shall be transferred by the City Treasurer/Finance Director from the Reserve Fund to the Redemption Fund. (c) If on each February 15 and August 15, of each year, commencing August 15, 2000, the amount of any income realized from the investment of the money in the Reserve Fund plus the remaining principal amount thereof exceeds the Reserve Requirement, such excess shall be transferred by the Paying Agent to the Redemption Fund and applied to the payment of the Bonds. (d) If, on June 30 of the fiscal year next preceding the fiscal year in which the last unpaid assessment installment becomes due and payable, the balance in the Reserve Fund is sufficient to retire all or a portion of the last maturing series of outstanding Bonds, whether by advance retirement or otherwise, collection of all or a portion of the principal and interest on the assessments shall be discontinued and at the written direction of the City the Reserve Fund shall be liquidated in retirement of the Bonds. Improvement Fund. The net proceeds from the sale of the Bonds, less the amounts specified herein for deposit in the Reserve Fund, shall be placed in a fund created pursuant to Sections 10424 and 10602 of the Code, which shall be held by the City Treasurer/Finance Director and designated and identified as the "Assessment District No. 2000-1 (Phase VI Improvements) Improvement Fund," and the moneys in said fund shall be used only for the purposes authorized in the assessment proceedings and shall be invested and disbursed to pay the costs of issuance of the Bonds and the costs of improvements, in accordance with the written direction of the City Treasurer/Finance Director, Director of Public Works/City Engineer, or City Manager. If, after completion of the improvements to be constructed from the proceeds of the Bonds, it is determined by the City Treasurer/Finance Director there is a surplus in the Improvement Fund established and held by the City Treasurer/Finance Director, upon the written direction of the City Treasurer/Finance Director, shall transfer such moneys JA 11 into the Reserve Fund up to the Reserve Requirement. Any excess moneys shall be transferred into the Redemption Fund and such moneys shall be used for payment of principal of and interest on the Bonds. The amount of such transfer shall be applied by the City Treasurer/Finance Director as a credit against the installments of assessments to be collected, in accordance with the provisions of Sections 10427 and 10427.2, inclusive, of the Code. Redemption Fund. Principal of and interest on the Bonds shall be paid out of the Redemption Fund created pursuant to Section 8671 of the Code, to be held and maintained by the City Treasurer/Finance Director and called the "Assessment District No. 2000-1 (Phase VI Improvements) Redemption Fund." Accrued interest paid by the purchaser of the Bonds, if any, plus Bond proceeds in an amount sufficient to pay interest on the Bonds through September 2, 2000 shall be deposited in said fund. The City Treasurer/Finance Director shall deposit with the Paying Agent, as received, all installments and prepayments of the assessments with respect to the principal, redemption premiums and interest of the Bonds and the City Treasurer/Finance Director shall hold all such moneys in said funds and use the same for the payment of principal, interest and redemption premiums, if any, on the Bonds. Investments. Except as otherwise provided in the Resolution, all moneys held by the Paying Agent in any of the funds or accounts established pursuant to the Resolution shall be invested as directed in writing by the City Treasurer/Finance Director and all investment earnings shall be credited to the fund or account so invested. If the Paying Agent does not receive such written direction, it shall invest such moneys in units of a taxable government money-market fund. The Paying Agent shall have no liability or responsibility for any loss resulting from any investment made in accordance with the provisions of the Resolution or for determining that any directed investment is a Permitted Investment. No City Liability. Pursuant to Streets and Highways Code Section 8769, it is determined and declared that the City will not obligate itself to advance available funds from its City Treasury to cure any deficiency or delinquency which may occur in the Redemption Fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. Paying Agent. The City appoints U.S. Bank Trust National Association, Los Angeles, California as Paying Agent for the Bonds and approves the Paying Agent Agreement by and between the City and said Paying Agent, which Agreement is on file in the Office of the Secretary of the City. The Paying Agent is thereby authorized to and shall mail interest payments to the Bondowners, select Bonds for redemption, give notice of redemption of Bonds and maintain the Bond register as provided in the Resolution. The Paying Agent is authorized to pay the principal of and premium, if any, on the Bonds when the same are duly presented to it for payment at maturity or on call and redemption, to provide for the registration of transfer and exchange of Bonds presented to it for such purposes, to provide for the cancellation of Bonds, all as provided in the Resolution, and to provide for the authentication of Bonds, and shall perform all other duties assigned to or imposed on it as provided in the Resolution. The Paying Agent shall keep accurate records of all funds administered by it and all Bonds paid and discharged by it. The Paying Agent initially appointed, and any successor thereto, may be removed by the City and a successor or successors may be appointed. So long as any Bonds are outstanding and unpaid the Paying Agent and any successor or successors thereto designated by the City shall continue to be Paying Agent of the City for all of said purposes until the designation by the City of a successor or successors as Paying Agent. The City shall compensate the Paying Agent for the performance of its services thereunder pursuant to the Paying Agent Agreement. 12 The Paying Agent may resign at any time upon 90 days' written notice and after appointment by the City of a successor. Upon merger, consolidation or reorganization of a Paying Agent, the City will appoint a new Paying Agent, which may be the corporation resulting from such reorganization. THE ASSESSMENT DISTRICT General The Assessment District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. In addition, approximately 18 parcels on Vista Grande, which is south of the CVWD Channel, are included in the Westward Ho Drive section. The third area is the Bottlebrush/Sagebrush/Saguaro area. This includes the portions of Bottlebrush, Sagebrush, and Saguaro Streets between Date Palm on the east and Washington Street on the west. The Assessment District has four benefit zones, which correspond to the three areas described above. Two benefit zones are located in the Village Cove area described above. The first zone is the Village Cove Commercial section (Phase VI -A). This zone includes 127 commercial properties and one park. The second zone is the Village Cove Residential section (Phase VI-B). This zone includes 259 residential parcels. The third benefit zone is the Westward Ho Drive area (Phase VI-C). This zone includes 165 residential properties and a commercial area golf course. The fourth benefit zone is the area along Sagebrush, Bottlebrush, and Saguaro Drives (Phase VI-D). There are 125 residential parcels in this zone. 3'l " 13 Cost Estimate Below is a breakdown of the cost estimate for the Phase VI Improvements: Assessment District No. 2000-1 (Phase VI Improvements) Cost Estimate for Public Works of Construction Construction Costs Sewer Total Engineering, Design, Construction, Administration, Contingency Design Permits Fees Bonds Construction Engineering Construction Administration Contingencies Total General Incidentals Bond Counsel Assessment Engineer City Administration Printing, Advertising, Notices Bond Registrar/Paying Agent Pricing Official Statement Printing Pricing Advisor Bond Issuance Contingency Total Total Project Costs Capitalized Interest, Reserve Funds, Discount Capitalized Interest Reserve Fund Underwriter's Discount Rounding Total Recapitulation Construction Costs and Contingencies Incidental Expenses Bond Issuance Costs and Rounding Total Net Project Costs Less Prepayments Total Amount to Assessment Area A Area B Area C Area D Total 220 247 $603,445 $374,802 $185,784 $1,384,278 220 247 603 445 374 802 JIL784 $1,384,278 $ 12,690 $ 52,970 $ 14,336 $ 8,040 $ 88,036 22,025 60,345 37,480 18,578 138,428 55,080 109,610 99,000 65,500 329,190 18,360 36,540 33,000 21,800 109,700 22.025 60.345 37.480 18.578 138.428 130 180 iL2,810 JZIL296 132 496 803 782 $ 29,000 65,000 30,000 2,500 7,500 7,000 5,000 12.000 $ 158,000 $2,346,060 $ 28,290 269,000 44,385 2.265 L 343,940 $2,188,060 158,000 343,940 $2,690,000 14 042 Direct and Overlapping Debt The direct and overlapping debt in the Assessment District is as follows: City of La Quinta Assessment District No. 2000-1 1999-00 Assessed Valuation: $46,838,556 DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: Desert Sands Unified School District Lease Tax Obligations Coachella Valley County Water District, I.D. No. 55 City of La Quinta Assessment District No. 92-1 City of La Quinta Assessment District No. 2000-1 TOTAL DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: OVERLAPPING GENERAL FUND OBLIGATION DEBT: Riverside County General Fund Obligations Riverside County Board of Education Certificates of Participation Desert Community College District Certificates of Participation Desert Sands Unified School District Certificates of Participation City of La Quinta General Fund Obligations Coachella Valley County Water District, I.D. No. 71 Certificates of Participation TOTAL GROSS OVERLAPPING GENERAL FUND OBLIGATION DEBT Less: Riverside County Administrative Center Authority (100% self-supporting from tax increment revenues) TOTAL NET OVERLAPPING GENERAL FUND OBLIGATION DEBT GROSS COMBINED TOTAL DEBT NET COMBINED TOTAL DEBT Ratios to 1999-00 Assessed Valuation: DirectDebt......................................................................................... -- % Total Direct and Overlapping Tax and Assessment Debt ................... 0.45% Gross Combined Total Debt............................................................... 1.48% Net Combined Total Debt................................................................... 1.48% STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/99: $0 Percent Debt Applicable 2/1/00 0.274% $204,690 1.018 2,048 0.314 3,925 100.000 -- (1) 210 663 0.028% $153,122 0.028 4,759 0.124 1,394 0.274 72,626 2.791 223,559 0.200 27,830 483 290 1,883 481 407 $693,953 (3) $692,070 1) Excludes 1915 Act bonds to be sold. 2) Based on redevelopment adjusted all property assessed valuation of $17,373,543. 3) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and non - bonded capital lease obligations. Source: California Municipal Statistics, Inc. Property Values The assessed value of a parcel represents the market value of such parcel as determined by the County Assessor as of the parcel's most recent assessment, plus a 2% per year inflation factor since the date of such assessment. A new assessment of an assessed parcel to its then current fair market value will occur only upon a change of ownership, new construction with respect to such parcel or a successful appeal of the assessed value by the owner. While, in general, market value has tended historically to often be in excess of assessed value, as a result of the prolonged downturn in the California real estate market, no assurance can be given that the market values of the properties within the Assessment District exceed or equal the assessed values of such properties. 00 15 The 1915 Act requires only that a parcel be sold for the delinquent amount, (plus costs and penalties) and not the entire outstanding assessment. There is no assurance that in the event of a foreclosure sale for a delinquent assessment installment a legally sufficient bid will be received for such property. (See "SPECIAL RISK FACTORS" herein.) The parcels within the Assessment District for which the assessments are not prepaid are subject to assessment liens. Prior to the close of the prepayment period, parcels with unpaid assessments both developed and undeveloped within the Assessment District had an aggregate assessed value of $46,838,556. These parcels have an aggregate assessment lien of $2,690,000 which results in an overall value -to lien ratio of approximately 17.41 to 1. SPECIAL RISK FACTORS The following is a discussion of certain risk factors which should be considered, in addition to other matters set forth herein, in evaluating the investment quality of the Bonds. This discussion does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed herein could adversely affect the ability or willingness of property owners in the Assessment District to pay their assessment installments when due. Such failures to pay assessment installments could result in a rapid depletion of the Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the occurrence of one or more of the events discussed herein could adversely affect the value of the property in the Assessment District. See "Property Values" below. Limited Obligations - Failure to Pay Assessment Installments Under the provisions of the 1915 Act, assessment installments, from which funds for the payment of annual installments of principal of and interest on the Bonds are derived, will be billed to the owners of the parcels against which there are unpaid assessments, on the regular property tax bills sent to owners of such properties. Such assessment installments are due and payable at the same time and bear the same penalties and interest for nonpayment as regular property tax installments. Assessment installment payments cannot be made separately from property tax payments. Payments of assessment installments made by the owners of parcels will be applied on a pro-rata basis to all Bonds and could result in a lesser amount being applied to the installment assessment due with respect to the Bonds if the amount unpaid by the property owner is less than the total assessment installment billed. In order to pay debt service on the Bonds, it is necessary that unpaid installments of assessments are paid in a timely manner. Should the installments not be paid on time, the City has established a Reserve Fund from the proceeds of the Bonds to help cover delinquencies. In all respects the Bonds shall be governed by the provisions of the 1915 Act except that the provisions of 1915 Act requiring the City to advance the amount of delinquent assessment installments shall apply only to the extent of moneys available for such purpose in the Reserve Fund and to the duty of the City to undertake judicial foreclosure as covenanted in the Resolution. If there are additional delinquencies after exhaustion of funds in the Reserve Fund, the City has no direct or contingent liability to transfer into the Redemption Fund the amount of the delinquency out of any other available moneys of the City. The assessments are secured by liens on the private properties within the Assessment District. See "THE ASSESSMENT DISTRICT —General' herein. In the event of a default in the payment of an assessment installment, the City has covenanted under certain circumstances to institute foreclosure proceedings to sell the parcel with delinquent assessment installments for the amount of such delinquent installments in order to obtain funds to pay debt service on the Bonds. See 16 04 "SECURITY FOR THE BONDS —Foreclosure Proceedings and Sales of Tax -Defaulted Property" herein. The 1915 Act provides that under certain circumstances property subject to judicial foreclosure as a result of delinquent assessment installments may be sold at a foreclosure sale following judgment in favor of the City for an amount equal the delinquent installments of principal or interest of the assessment, together with statutory penalties and interest on such delinquent amounts, costs, fees, charges and other amounts more fully detailed in the 1915 Act (the "Minimum Price"). The 1915 Act further provides that under certain circumstances property may be sold upon foreclosure at a lesser Minimum Price or without a Minimum Price. The court may authorize a sale at less than the Minimum Price if the court determines that sale at less than the Minimum Price will not result in an ultimate loss to the owners of the Bonds or, under certain circumstances, if the owners of 75% or more of the outstanding Bonds consent to such sale. However, there can be no assurance so as to avoid depletion of the Reserve Fund and delay in payments of debt service on the Bonds. See "Bankruptcy and Foreclosure" below. Failure by current or subsequent owners of the parcels to pay installments of assessments when due, depletion of the Reserve Fund, delay in foreclosure proceedings, or the inability of the City to sell parcels which have been subject to foreclosure proceedings for amounts sufficient to cover the delinquent installments of assessments levied against such parcels may result in the inability of the City to make full or punctual payments of debt service on the Bonds and owners of the Bonds would therefore be adversely affected. Unpaid assessments do not constitute a personal indebtedness of the current or subsequent owners of the parcels included in the Assessment District. There is no assurance that any current or subsequent owner of a parcel of land included in the Assessment District will be able to pay the assessment installments or that it will pay such installments even though financially able to do so. Bankruptcy and Foreclosure The payment of assessments and the ability of the City to foreclose the lien of a delinquent unpaid assessment, as discussed in the section entitled "SECURITY FOR THE BONDS —Foreclosure Proceedings and Sales of Tax -Defaulted Property" herein, may be limited by bankruptcy, insolvency, or to the laws generally affecting creditors' rights or by California law relating to judicial foreclosure could be delayed due to lengthy local court calendars or procedural delays. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally. Although bankruptcy proceedings would not cause the assessments to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting Superior Court foreclosure proceedings. Such delay would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds, and the delinquent assessment installments not being paid in full. Availability of Funds to Pay Delinquent Assessment Installments The City will establish a Reserve Fund out of Bond proceeds. If a delinquency occurs in the payment of any assessment installments, the Resolution requires the City Treasurer/Finance Director to transfer into the Redemption Fund the amount of the delinquency out of the Reserve Fund. This requirement is continuing during the period of delinquency, until reinstatement, 38 045 17 redemption or sale of the delinquent property. In the event a Superior Court foreclosure action is instituted pursuant to the City's covenant to enforce a delinquent assessment installment (or installments), and the City purchases the property in the absence of any other purchaser, the Reserve Fund will be used, to the extent of available funds, to make advances to the Redemption Fund for payment of the delinquent amount of the assessment on the property and future assessment installments, including interest thereon, until such property is resold by the City. The City has determined that it shall not be obligated to use available funds (including any surplus funds), other than the Reserve Fund, to purchase such delinquent parcels of property or pay the delinquent installment and future installments of the assessments on such parcels. Owners of the Bonds must assume, therefore, that the sole source of funds for the purchase of such delinquent parcels and the payment of such delinquent assessments will be the Reserve Fund. There is no assurance that the balance in the Reserve Fund will always be adequate to cover all delinquent installments and if, during the period of delinquency, there are insufficient funds in the Reserve Fund to cover all delinquent installments, a delay or default may occur in payments to the owners of the Bonds. Taxes and Prior Assessments The assessments and each installment thereof and any interest and penalties thereon constitute liens against the lots and parcels of land upon which they were imposed until they are paid. Such assessment liens are paramount to all other liens, except prior assessments, special taxes and general property taxes. In addition, such assessment liens are subordinate to all fixed special assessment liens previously imposed upon the same property, but have priority over all fixed special assessment liens which may thereafter be created against the property. The City has no control over the ability of other entities and districts to issue indebtedness secured by special taxes payable from liens on all or a portion of the Assessment District. Direct and Overlapping Indebtedness The ability of an owner of land within the Assessment District to pay the assessments could be affected by the existence of other taxes and assessments imposed upon the property. In addition, other public agencies whose boundaries overlap those of the Assessment District could, without the consent of the City, and in certain cases without the consent of the owners of the land included in the Assessment District, impose additional taxes or assessment liens on such land to finance public improvements or public services to be located or provided inside or outside of the Assessment District. Property Values The value of the private parcels in the Assessment District is a critical factor in determining the investment quality of the Bonds. If an owner of property in the payment of assessment installments, the City's only remedy is to commence foreclosure proceedings in an attempt to obtain funds to pay the delinquent assessment. See "Bankruptcy and Foreclosure" above. Prospective purchasers of the Bonds should not assume that the parcels within the Assessment District could be sold for their assessed valuation at a foreclosure sale for delinquent assessments. No assurance can be given that if an individual parcel becomes delinquent due to unpaid assessments, the City could foreclose on such parcel and sell it for the amount of the delinquency or that any bid would be received for such property or, if a bid was received, that such bid would be sufficient to pay such delinquent installments. However, as the 1915 Act 33 18 0 4 6 requires that such property be sold only for the amount delinquent and not for the entire outstanding assessment, it is anticipated by the City that if the fair market value of the land is approximated by the assessed value thereof there should be sufficient value to secure any delinquent installments. The actual value of the property is subject to future events such as a downturn in the economy, occurrences such as earthquakes or floods or other events, all of which will adversely impact the value of the security underlying the assessment. Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Occasionally, because of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue, secondary marketing practices in connection with a particular bond issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different form the original purchase price. Loss of Tax Exemption As discussed in this Official Statement under the caption "TAX EXEMPTION," interest on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the City in violation of its covenants in the Resolution. Should such an event of taxability occur, the Bonds are not subject to a special redemption and will remain outstanding until maturity or until redeemed under one of the other redemption provisions contained in the Resolution. No Acceleration Provision The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or other default under the terms of the Bonds or the Resolution. RELEVANT CALIFORNIA CONSTITUTIONAL PROVISIONS Article XIIIA and Article XIIIB On June 6, 1978, California voters approved an amendment to the California Constitution commonly known as Proposition 13 (the Jarvis/Gann Initiative) which added Article XIIIA to the California Constitution. The effect of Article XIIIA is to limit ad valorem taxes on real property. On November 7, 1978, California voters approved Proposition 8, which made certain clarifications to Article XIIIA. Enactment of Article XIIIA has reduced the amount of general property tax revenues received by the City. This reduction in such revenues makes it less likely that the City will have surplus funds, other than moneys in the Reserve Fund, to pay delinquent assessments installments if the Mayor and the City Council with the exercise of their discretion choose to do so. If there are additional delinquencies after exhaustion of funds in the Reserve Fund, the City has no obligation to transfer into the Redemption Fund the amount of any such delinquencies out of any surplus moneys of the City. On July 2, 1979, the Fifth District Court of Appeal (94 Cal. App. 3d 974) rendered a 3-0 decision in the case of County of Fresno v. Malmstrom that determined that special assessments are not subject to the limitations of Article XIIIA (Proposition 13). The court held that the one percent (1%) tax limitation imposed by California Constitution Article XIIIA on ad valorem taxes does not apply to special assessments levied pursuant to the Improvement Act of 1911 (Streets and Highways Code, Sections 5000 et seq. and 10000 et seq.) and the 1913 Act. The court further held that because special assessments pursuant to such acts are not within the definition of "special taxes" in Article XIIIA, the California Constitution does not require the levy of assessments and the issuance of Bonds to be approved by a two-thirds vote of the qualified electors of the City. On September 12, 1979, the California Supreme Court refused to hear an appeal of the lower court's decision. At the November 6, 1979 general election, Proposition 4 (the Gann Initiative) was approved by the voters of California. That proposition added Article XIIIB to the California Constitution. Article XIIIB limits the annual appropriations of the City to the amount of appropriations for the prior year adjusted for changes in the cost of living and population. On December 17, 1980, the Third District Court of Appeal (113 Cal. App. 3d 443) rendered a 3-0 decision in the case County of Placer v. Corin that determined that special assessments are not subject to the limitation of Article XIIIB (Proposition 4). The Court held that the definition of "proceeds of taxes", imposed by California Constitution Article XIIIB, does not apply to special assessments and improvement bonds issued pursuant to the Bond Law and the 1913 Act. The decision of the court was not appealed. The enactment of Article XIIIA of the California Constitution (Proposition 13) and subsequent legislative enactments effectively repeal the otherwise mandatory duty of the City, under the Bond Law, to levy and collect a special tax (in an amount necessary to meet delinquencies, but not to exceed ten cents (100) on each one hundred dollars ($100) of assessable property within the City in one year) if surplus funds are not available to cover such delinquencies. In early 1990, the U.S. Supreme Court struck down as a violation of equal protection certain property tax assessment practices in West Virginia, which had resulted in vastly different assessments of similar properties. Since Article XIIIA provides that property may only be reassessed up to 2% per year, except upon change of ownership or new construction, recent purchasers may pay substantially higher property taxes than longtime owners of comparable property in a community. The U.S. Supreme Court in the West Virginia case expressly declined to comment in any way on the constitutionality of Article XIIIA. Based on this decision, however, property owners in California brought three suits challenging the acquisition value assessment provisions of Article XIIIA. Two cases involve residential property, and one case involves commercial property. In all three cases, State trial and appellate courts have upheld the constitutionality of Article XIIIA's assessment rules and concluded that the West Virginia case did not apply to California's laws. On June 3. 1991, the United States Supreme Court agreed to hear the appeal in the challenge relating to commercial property, but the plaintiff subsequently decided to drop the case. On October 7, 1991, the United States Supreme Court granted the plaintiffs petition for a writ of certiorari and agreed to hear the Nordlinger v. Lynch case. On June 18, 1992, the United States Supreme Court affirmed the Nordlinger decision of the California Court of Appeal, Second Appellate District, which previously held that Article XIII does not violate the United States Constitution. The City cannot predict whether any other pending or future challenges to the State's present system of property tax assessment will be successful, when the ultimate resolution of any challenge will occur or the ultimate effect of any decision holding the State's present system of property tax assessment will have on the City's revenues or on the State's financial obligations to local governments. Article XIIIC and Article XIIID 1j 20 048 On November 5, 1996, the voters of the State approved Proposition 218, the so called "Right to Vote on Taxes Act." Proposition 218 added Articles XIIIC and XIIID to the State Constitution, which contain a number of provisions affecting the ability of the City to levy and collect both existing and future taxes, assessments. fees and charges. Article XIIID requires that, beginning July 1, 1997, the proceedings for the levy of any assessment by the City under the Act (including, if applicable, any increase in such assessment or any supplemental assessment under the Act) must be conducted in conformity with the provisions of Section 4 of Article XIIID. Because the City completed its proceedings for the levy of assessments in the District prior to such date, the provisions of Section 4 of Article XIIID do not apply to the unpaid Assessments which secure the Bonds. In addition, under Section 10400 of the Act, any challenge (including any constitutional challenge) to the proceedings or the assessment must be brought within 30 days after the date the assessment was levied. Article XIIIC removes limitations on the initiative power in matters of local taxes, assessments, fees and charges. Article XIIIC does not define the term "assessment", and it is unclear whether this term is intended to include assessments levied under the Act. Furthermore, this provision of Article XIIIC is not, by terms, restricted in its application to assessments which were established or imposed on or after July 1, 1997. In the case of the unpaid Assessments which are pledged as security for payment of the Bonds, the Act provides a mandatory, statutory duty of the City and the County Auditor to post installments on account of the unpaid Assessments to the property tax roll of the County each year while any of the Bonds coming due in the succeeding calendar year. While the matter is not free from doubt, it is likely that a court would hold that the initiative power cannot be used to reduce or repeal the unpaid Assessments which are pledged as security for payment of the Bonds or to otherwise interfere with performance of the mandatory, statutory duty of the City and the County Auditor with respect to the unpaid Assessments which are pledged as security for payment of the Bonds. The interpretation and application of the Proposition 218 will ultimately be determined by the courts with respect to a number of the matters discussed above, and it is not possible at this time to predict with certainty the outcome of such determination. Hazardous Substances While governmental taxes, assessments and charges are a common claim against the value of a taxed parcel, other less common claims may be relevant. On of the most serious in terms of the potential reduction in the value that may be realized to pay the Assessments is a claim with regard to a hazardous substance. In general, the owners of a parcel within the Assessment District may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner (or operator) is obligated to remedy a hazardous substance condition of property whether or not the owner (or operator) has anything to do with creating or handling the hazardous substance. The effect therefore, should any of the parcels within the Assessment District be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the owner is obligated to remedy the condition. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the value of a property that is realizable upon a delinquency and foreclosure. The statutory required environmental impact studies prepared for the project did not identify any hazardous substances. 38 0 21 049 CONTINUING DISCLOSURE The District's Continuing Disclosure Certificate requires the District to provide certain financial information and operating data relating to the Project within seven months after the end of the District's Fiscal Year (the "Annual Report") and to provide notices of the occurrence of certain enumerated events (the "Listed Events"). The Annual Reports are required to be filed with each Nationally Recognized Municipal Securities Information Repository. Notices of Listed Events are required to be filed with the Municipal Securities Rulemaking Board. The specific nature of the information to be included in the Annual Reports and the Listed Events are set forth in the form of the, District's Continuing Disclosure Certificate attached hereto as Appendix C. These obligations have been undertaken by the District in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the "Rule"). It should be noted that the District is required to file its financial statements with its Annual Report. This requirement has been included in the District's Continuing Disclosure Agreement solely to satisfy the provisions of the Rule. It should also be noted that the list of significant events which the District has agreed to report includes three items which have absolutely no application whatsoever to the Bonds. These items have been included in the list with respect to the Bonds solely to satisfy the requirements of the Rule. Thus, any implication from the inclusion of these items in the list to the contrary notwithstanding, there are no credit enhancements applicable to the Bonds, there are no credit or liquidity providers with respect to the Bonds, and the Bonds have not been assigned a rating. Notwithstanding any provision of the Paying Agent Agreement or the Resolution, failure of the District to comply with the District's Continuing Disclosure Agreement shall not be considered an event of default under the Paying Agent Agreement or the Resolution; however, any owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations with respect to the District's Continuing Disclosure Certificate. The District has never failed to comply in all material respects with any previous undertaking with regard to the Rule to provide Annual Reports or notices of material events. ABSENCE OF MATERIAL LITIGATION There is no controversy or litigation now pending against the City, or to the knowledge of its officers threatened, restraining or enjoining the issuance, sale, execution or delivery of the Bonds or in any way contesting or affecting the validity of the Bonds. TAX EXEMPTION In the opinion of Rutan & Tucker LLP, Bond Counsel, based on existing statutes, regulations, rulings and court decisions, interest on the Bonds is not includable in gross income for federal income tax purposes and is exempt from State of California personal income taxes. The Internal Revenue Code of 1986, as amended, (the "Code") imposes various restrictions, conditions and requirements relating to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Bonds. The City has covenanted to comply with certain restrictions designed to assure that interest on the Bonds will not be included in federal gross income. Failure to comply with these covenants may result in interest on the Bonds being included in federal gross income, possibly from the date of issuance of the Bonds. The opinion of Bond Counsel assumes compliance with these covenants. Bond Counsel has not undertaken to determine (or to inform any person) whether any actions taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds may affect the tax status of interest on the Bonds. Bond Counsel is further of the opinion that interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes. However, Bond Counsel observes that interest on the Bonds is included in adjusted net book income and adjusted current earnings in calculating corporate alternative minimum taxable income. Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from federal gross income, the accrual or receipt of interest on the Bonds may otherwise affect an Owner's federal income tax liability. The nature and extent of these other tax consequences will depend upon the Owner's particular tax status and the Owner's other items of income or deduction. Bond Counsel expresses no opinion regarding any such other tax consequences. APPROVAL OF LEGALITY Legal matters incident to the issuance of the Bonds are subject to the approving opinion of Rutan & Tucker LLP, Costa Mesa, California, Bond Counsel. Copies of such opinion will be available at the time of delivery of the Bonds. Certain legal matters will be passed on for the Underwriter for by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. UNDERWRITING The Bonds are being purchased by the Underwriter at a purchase price equal to $ , plus accrued interest. The Underwriter will purchase all of the Bonds if any are purchased, the obligation to make such purchase, if made, being subject to certain terms and conditions of the Bond Purchase Contract, the approval of certain legal matters by counsel and certain other conditions. The Underwriter may offer and sell Bonds to certain dealers and others at a price other than the offering price. The offering price may be changed from time to time by the Underwriter. NO RATING No rating has been requested or received on the Bonds. 23 38 0J1 MISCELLANEOUS The foregoing summaries or descriptions of provisions of the Bonds, the Resolution, and all references to other materials not purporting to be quoted in full are only brief outlines of some of the provisions thereof and do not purport to summarize or describe all of the provisions thereof, and reference is made to said documents for full and complete statements of their provisions. The appendices hereto are a part of this Official Statement. This Official Statement has been issued by the City. This Official Statement is not to be construed as a contract or agreement between the City and the purchases or Owners of any of the Bonds. CITY OF LA QUINTA By /s/ Its: City Manager 3 0 . 05 24 APPENDIX A General Information and Economic Profile of the City of La Quinta 3 ., vj 0 15 4 SUPPLEMENTAL INFORMATION THE CITY OF LA QUINTA The following information concerning the City of La Quinta (the "City'), Riverside County (the "County') and the State of California (the "State') is presented as general background data. The Bonds are not an obligation of the City, the County or the State and the taxing power of the City, the County and the State is not pledged to the payment of the Bonds. General Background For centuries before Columbus discovered America, the area which is now La Quinta was the winter home of the Cahuilla Indians. The history of modern La Quinta began with the construction of the La Quinta Hotel in 1926, and La Quinta became a retreat for discriminating seclusion -seekers from Hollywood and around the world. It was incorporated as a City in 1982 encompassing an area of 18.36 square miles and a population of approximately 4,500, and today encompasses an area of approximately 31.18 square miles, with a population of approximately 24,250. La Quinta is one of California's fastest growing cities. Surrounded by the Santa Rosa Mountains, La Quinta is home to the PGA West Golf Resort. The Coachella Valley attracts a high -end market of over 2 million tourists each year, all with substantial disposable income and the time to shop. As a year-round multi -recreational resort community, it attracts golf and tennis enthusiasts from all over the world. Location Located in the eastern portion of the County known as the Coachella Valley, La Quinta is 20 miles from Palm Springs and 127 miles from Los Angeles. The City motto is "The Gem of the Desert." Climate CITY OF LA QUINTA Climate Average Temperature Rain Humidity Period Min.' Mean* Max.* Inches Daily Average January 37.8 54.1 70.4 .5 38 April 57.0 72.3 87.5 .1 32 July 76.9 92.1 107.2 .12 37 October 58.7 75.5 92.2 .23 37 Annual 57.2 73.1 89.0 3.38 36 Prevailing winds: Northwest 7 mph. ource: National Weather Service. 31j' A-1 City Government and Administration The City of La Quinta was originally incorporated on May 1, 1982 and became a charter city in November, 1996 with a Council/Manager form of government. The City Council is comprised of a Mayor and four Council Members. The Mayor is elected for a two-year term and the Council Members are elected for four-year terms. Budgetary Policies Each year, the City's Department Directors submit their respective budgets to the Chief Administrative Officer (City Manager) by the end of April. The CAO goes over each budget with the individual Director. The CAO then puts all the individual budgets together and presents a draft to the City Council, usually by the first part of June. The Council reviews the budget, conducts budget meetings with citizens, the CAO and Directors and approves the final budget prior to August 1 st of each year. Economic Growth and Trends La Quinta is a resort -oriented community featuring a major resort hotel, several country clubs and several golf courses. Developments currently being planned are lake and golf -course oriented. Outdoor recreation activities such as hiking and camping are also enjoyed in the area. The community is expanding rapidly as evidenced by the completion of three major country clubs and a fourth under construction. All four projects include a range of housing types, retail, hotels, golf and tennis facilities. Retail trade is expanding; a small shopping center has been completed with a grocery store, drug store, several small shops and two restaurants. An additional 60-acre retail shopping center with a diverse tenant mix is being developed which will have approximately 620,000 square feet total retail space when complete. The following charts shows a population estimate for the City of La Quinta, County of Riverside and the State of California during the past seven years. Population The City's population has increased each year since incorporation in 1982. The following table sets forth population estimates for the City of La Quinta: CITY OF LA QUINTA ESTIMATED POPULATION Year (January 1) 1992 1993 1994 1995 1996 1997 1998 1999 2000 City of La Quinta 14,700 15,600 16,650 17,600 18,050 19,200 20,450 21,900 24,250 Source: State of California Department of Finance. 39" 9�0 A-2 The following sets forth the County of Riverside and the State of California population estimates from 1992 to January 1, 2000: RIVERSIDE COUNTY AND STATE OF CALIFORNIA ESTIMATED POPULATION Year (January 1) 1992 1993 1994 1995 1996 1997 1998 1999 2000 Riverside County 1,281,000 1,323,500 1,332,000 1,355,600 1,381,900 1,400,400 1,441,000 1,481,200 1,522,900 Source: State of California Department of Finance. Commercial Activity State of California 30,982,000 31,522,000 31,661,000 31,910,000 32,223,000 32,670,000 33,226,000 33,766,000 34,336,000 Commercial activity has proven to be an important factor in the regional economy. Between 1989 and 1996, total taxable sales declined in Coachella Valley but increased in the City. The general decline in sales in the County since 1990 is attributable to the decline in the building industry, particularly in the development of new single-family homes which, historically have accounted for significant sales in building materials and home furnishings. Much of the County's commercial activity is concentrated in central business districts or in small neighborhood commercial centers in the cities. There are eight conventional regional shopping centers: Riverside Plaza, Galleria at Tyler Mall (Riverside), Palm Springs Mall, Indio Fashion Mall, Hemet Valley Mall, Palm Desert Town Center, Canyon Springs Mall and Moreno Valley Mall. There are over 20 area centers distributed throughout the cities and over 17 in other areas of the County. In addition, all major auto makers are represented. The County is served by a number of major banks. They include Bank of America National Trust and Savings Association, Wells Fargo Bank and Union Bank. There are savings and loan associations in the County, with Home Savings of America and California Federal having the largest number of branch offices. 39 G �'7 A-3 The following table demonstrates the level of taxable sales transactions in the County of Riverside: COUNTY OF RIVERSIDE Taxable Sales Transactions Apparel Stores General Merchandise Stores Specialty Stores Food Stores Eating and Drinking Places Home Furnishing and Appliances Second -Hand Merchandise Building Materials and Farm Implements Service Stations Automotive Miscellaneous TOTAL ALL OUTLETS (1) Through First Quarter. Source: State Board of Equalization. 1996 1997 1998 1999 (1) $ 474,384 $ 488,625 $ 498,753 $ 117,317 1,429,338 1,498,212 1,628,149 394,413 790,183 890,940 1,004,203 277,531 696,627 734,532 758,829 206,913 979,535 1,030,655 1,117,921 318,563 325,941 328,893 367,812 104,498 11,492 12,783 14,487 3,917 787,905 831,063 998,256 268,439 836,767 855,454 793,252 209,717 1,617,189 1,565,935 1,824,833 506,727 2,628,689 3,735,279 4,134,359 1,056,512 $11,138,861 $11,972,371 $13,140,854 $3,464,547 The following table demonstrates the growth in the number of business permits and taxable transactions in the City of La Quinta: CITY OF LA QUINTA TAXABLE TRANSACTIONS (in thousands) Retail Stores Number of Taxable Year Permits Transactions 1992 84 48,008 1993 107 70,859 1994 112 78,171 1995 147 87,366 1996 146 95,852 1997 154 112,997 1998 167 157,724 1999 (1) 176 47,193 (1) Through First Quarter. Source: State Board of Equalization. Total Outlets Number of Taxable Permits Transactions 263 76,178 305 102,994 309 110,861 367 121,428 361 132,892 399 159,146 414 213,973 428 65,223 3 19, ., A-4 Building Activity The following presents the residential building permit valuations for the City of La Quinta for the calendar years 1996 through March, 2000: RESIDENTIAL BUILDING PERMIT VALUATIONS CITY OF LA QUINTA (Valuation in 000) 1996 1997 1998 1999 2000(1) Single Family $81,058 $75,305 $162,088 $222,218 $59,453 Multifamily Dwelling 5,922 1,285 2,690 921 0 Alterations/Additions 0 0 0 0 0 Total Residential $86,980 $76,589 $164,778 $223,134 $59,453 (1) Through March, 2000. Source: California Building Permit Activity, Economic Sciences Corporation; City of La Quinta Building & Safety Department. City's Taxable Valuation Taxable valuation within the City is established by the Riverside County Assessor, except for utility and other unitary property, which is assessed by the State Board of Equalization. Article XIII A of the State Constitution provides that, beginning with the 1978-79 fiscal year, property taxes in California are limited to one percent of full cash value, except for taxes to pay debt service on indebtedness approved by the voters prior to July 1, 1978. Article XIII A defines full cash value as the County Assessor's valuation of real property as shown on the 1975-76 tax bill ("base year"), except in the case of newly -constructed property or property which undergoes a change in ownership. Yearly taxable value increases following the base year are limited to the growth in the consumer price index, but may not exceed two percent annually. For assessment and collection purposes, property is classified either as "secured" or "unsecured", and is listed accordingly on separate parts of the assessment roll. The "secured roll" is that part of the assessment roll containing State assessed property and property the taxes on which are a lien on real property sufficient, in the opinion of the County Assessor, to secure payment of the taxes. Other property is assessed on the "unsecured roll". See "PROPERTY TAXATION IN CALIFORNIA" herein. 390 A-5 0 5 9 The assessed valuation of property within the City since fiscal year 1993-94 is summarized below. CITY OF LA QUINTA ASSESSED VALUATIONS Total Before Total After Redevelopment Redevelopment Local Secured Unsecured Increment Increment 1993-94 $1,868,975,801 $ 7,965,504 $1,876,941,305 $557,138,934 1994-95 1,923,910,024 22,389,215 1,946,299,238 565,101,273 1995-96 2,029,502,307 16,526,331 2,046,028,638 577,320,140 1996-97 2,036,656,118 23,801,872 2,060,457,990 588,198,073 1997-98 2,190,320,969 22,511,720 2,212,832,689 622,914,480 1998-99 2,330,011,857 18,844,880 2,348,856,737 594,099,348 1999-00 2,653,901,813 18,712,736 2,672,614,549 622,517,545 Secured Tax Charges and Delinquencies are not available. Source: California Municipal Statistics, Inc. General Plan/Zoning The land within the City of La Quinta is approximately zoned as follows: Industrial: Institutional: Commercial: Residential: Industry 0 acres 120 acres 1,240 acres 12,320 acres La Quinta contains two major commercial areas. It is currently creating master development plans for the first, a 100-acre downtown area. Approximately 50% of this area has yet to undergo actual development. Additionally there remains approximately 680 undeveloped acres of commercial property on Highway 111 between Palm Springs and Indio. Top Taxpayers The largest local secured taxpayers in the City are as follows: Property Owner 1. KSL La Quinta Hotel Corp. 2. KSL PGA West Corporation 3. Sunrise Desert Partners 4. KSL Landmark Corporation 5. KSL Land Corporation 6. KSL La Quinta Corporation 7. TD Desert Development 8. La Quinta Golf Properties, Inc. 9. M&H Realty Partnership 10. Washington Adams Partnership Source: City of La Quinta. Land Use Hotel Residences Condominium Vacant Land Residential Land Golf Courses Residential Land Golf Course Shopping Centers Commercial 394^ A-6 060 Labor Force As of June 30, 1999, the fifty-three non -management City -government employees of the City of La Quinta are eligible for membership in the La Quinta Employee's Association. In July, 1987, the City Council adopted Resolution No. 85-86 originally acknowledging the formation of the Association. The Resolution was amended in March, 1994. The City Finance Director, John Falconer, currently serves as the employee relations officer. The following listing sets forth the top employers in the City of La Quinta and the surrounding area: CITY OF LA QUINTA Major Employers and Number of Employees (As of June,1999) Approximate Employer No. of Employees Type of Business La Quinta Hotel and Golf Resort 1,500 Resort Hotel PGA West 1,100 Golf Resort Wal-Mart 250 Retailer Albertson's 126 Groceries Vons 103 Groceries Ralph's 100 Groceries City of La Quinta 74 Municipal Government Simon Motors 65 Auto Dealer Cliff House 65 Restaurant Red Robin 50 Restaurant Source: City of La Quinta 061 A-7 As of June, 1999, employers located in the County that employed more than 500 employees were reported to be as follows: RIVERSIDE COUNTY Largest Employers (June, 1999) Company Location Product/Service Employees Rohr, Inc. Riverside Aircraft Parts 2900 City of Riverside Riverside Government 2100 Host Marriott Corporation Palm Desert Resort Hotel 1700 Eisenhower Medical Center Rancho Mirage Hospital 1600 Desert Hospital Corporation Palm Springs Hospital 1591 La Quinta Hotel, Golf and Tennis Resort La Quinta Resort Hotel 1500 Riverside General Hospital Riverside Hospital 1500 Kaiser Foundation Hospitals Riverside Hospital 1500 Valley Health System Hemet Hospital 1400 Riverside Sheriffs Association, Inc. Riverside Law Enforcement 1400 Riverside Community College District Riverside Community College 1200 Sun World, Inc. Coachella Fruit (Fresh) Packing 1192 State of California Norco Rehabilitation Center 1188 Riverside Community Hospital Riverside Hospital 1100 University of California Riverside University 1000 United States Department of Defense Corona Govemment/Defense 1000 Press Enterprise Co. Riverside Newspapers 1000 Parkview Community Hospital Medical Center Riverside Hospital 1000 KSL Recreation Corporation La Quinta Golf /Tennis Resort 1000 Directors Mortgage Loan Corporation Riverside Mortgage Companies 950 Advanced Cardiovascular Systems Temecula Surgical Instruments 900 Val Verde Union School District Perris School District 800 The Toro Company Riverside Irrigation 800 Nationwide Executive Security Services Riverside Security Guard Service 750 California Dept. of Corrections, Chuckawalla Blythe Prison 750 County of Riverside Riverside Government 700 Consolidated Freightways Mira Loma Trucking 700 Mt. San Jacinto College San Jacinto Community College 680 Stouffer Hotel Management Corp. Palm Springs Resort Hotel 650 Starcrest Products of California Perris Mail Order 650 Fleetwood Holidays, Inc. Riverside Motor Home Rental 630 United States Department of Defense Riverside Hospital . 600 TLS Partnership Rancho Mirage Resort Hotel 600 International Rectifier Corp. Temecula Semiconductors 600 Fleetwood Enterprises, Inc. Riverside Prefabricated Buildings 600 Dyncorp Norco Data Processing 600 Westin Hotel Company Rancho Mirage Resort Hotel 550 Desert Community College District Palm Desert Community College 550 Source: Strategic Mapping, Inc. 39 0,6 A-8 Employment and Industry Employment data is not separately reported on an annual basis for the City but is compiled for the Riverside/San Bernardino PMSA, which includes all of Riverside and San Bernardino Counties. In addition to varied manufacturing employment, the PMSA has large and growing commercial and service sector employment, as reflected in the table below. Overall, in the past five years, total employment rose approximately 18%, while population increased approximately 12% in the County of Riverside. As of 1999, unemployment in the PMSA was 5.1%. The City estimates that unemployment rate in La Quinta is similar to that shown in the following table for the Riverside/San Bernardino Primary Metropolitan Statistical Area ("PMSA") as a whole: Agriculture Mining Construction Transportation & Public Utilities Manufacturing Wholesale & Retail Trade Finance, Insurance & Real Estate Services Government Total All Industries(1) Total Civilian Labor Force(2) Total Unemployment Unemployment Rate Riverside -San Bernardino Labor Market Area 1996 1997 1998 1999 22,900 22,400 21,590 21,640 1,200 1,200 1,010 940 46,400 51,300 60,830 69,990 42,000 42,700 45,710 48,730 99,200 105,100 111,380 118,260 209,900 217,900 223,190 231,680 29,700 30,200 30,580 31,960 211,700 222,000 234,850 248,770 167,400 172,400 174,650 183,230 830,400 865,200 903,800 955,200 1,313,200 1,354,400 1,387,460 1,442,430 100,700 93,300 84,810 73,950 7.7% 6.9% 6.1% 5.1% (1) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household domestic workers and workers on strike. (2) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers and workers on strike. Source: State Employment Development Department, Labor Market Information Division. 390 A-9 063 The following table presents estimated household income distributions for the City and Coachella Valley: HOUSEHOLD INCOME DISTRIBUTIONS CITY OF LA QUINTA AND COACHELLA VALLEY 1990 ESTIMATE 1995 ESTIMATE LA QUINTA Number % of Total Number % of Total Under $15,000 606 15.5% 962 18.8% $15,000-$24,999 469 12.0% 599 11.7% $25,000-$34,999 585 14.9% 865 16.9% $35,000-$49,999 769 19.6% 1,038 20.3% $50,000-$74,999 866 22.1% 909 17.7% $75,000-$99,999 254 6.5% 279 5.4% $100,000-$149,999 169 4.3% 261 5.1% $150,000+ 200 5.1 % 212 4.1 % Total Households 3,918 100.0% 5,125 100.0% Median Household Income $39,622 $36,840 1990 ESTIMATE 1995 ESTIMATE COACHELLA VALLEY Number % of Total Number % of Total Under $15,000 12,096 20.9% 14,119 19.6% $15,000-$24,999 10,075 17.4% 9,937 13.8% $25,000-$34,999 9,315 16.1 % 11,688 16.2% $35,000-$49,999 9,543 16.5% 12,125 16.8% $50,000-$74,999 8,917 15.4% 12,298 17.1 % $75,000-$99,999 3,305 5.7% 5,107 7.1% $100,000-$149,999 2,329 4.0% 3,980 5.5% $150,000+ 2,260 3.9% 2,833 3.9% Total Households 57,840 100.0% 72,087 100.0% Median Household Income $31,833 $35,337 Source: Urban Decision Systems, Inc.: Robert Charles Lesser & Co. v A-10 064 Direct and Overlapping Debt A statement of the City's direct and overlapping debt is as follows: 1999-00 Assessed Valuation: $2,672,614,549 Redevelopment Incremental Valuation: 2,050,097,004 Adjusted Assessed Valuation: $ 622,517,545 Percent Debt OVERLAPPING TAX AND ASSESSMENT DEBT: Applicable 6/1/00 Coachella Valley Unified School District 5.085% $ 998,403 Desert Sands Unified School District Lease Tax Obligations 8.963 5,545,807 Coachella Valley County Water District, I.D. No. 55 68.760 7,821,450 Coachella Valley County Water District, I.D. No. 58 1.700 134,045 City of La Quinta 1915 Act Bonds 100.000 4,170,000 (1) TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT $18,669,705 DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT: Riverside County General Fund Obligations 0.999% $ 6,452,087 Riverside County Board of Education Certificates of Participation 0.999 168,403 Desert Community College District Certificates of Participation 3.905 43,892 Desert Sands Unified School District Certificates of Participation 8.963 2,328,224 Coachella Valley County Water District, I.D. No. 71 Storm Water Unit Certificates of Participation 6.394 889,725 City of La Quinta General Fund Obligations 100.000 8,010,000 TOTAL GROSS DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT $17,892,331 Less: Riverside County Building Authorities - Blythe County Administrative Building (secured by tax allocation revenues) 67,183 TOTAL NET DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT $17,825. 448 GROSS COMBINED TOTAL DEBT $36,562,036 (2) NET COMBINED TOTAL DEBT $36,494,853 Ratios to 1999-00 Assessed Valuation: Total Overlapping Tax and Assessment Debt .................................... 0.70% Ratios to Adjusted Assessed Valuation: Combined Direct Debt ($8,010,000).................................................. 1.29% Gross Combined Total Debt............................................................... 5.87% Net Combined Total Debt................................................................... 5.86% STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/99: $0 1) Excludes 1915 Act bonds to be sold. 2) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and non - bonded capital lease obligations. Source: California Municipal Statistics, Inc. A-11 Utilities The main utility providers in the City are as follows: Electricity: Imperial Irrigation District Gas: Southern California Gas Company Telephone: General Telephone Water: Coachella Valley Water District Sewer Service: Coachella Valley Water District Transportation Access to job opportunities in Riverside County, San Bernardino County, Orange County and Los Angeles County has been one of the major factors in Riverside County's employment and population growth. Several major freeways and highways provide access between Riverside County and all parts of Southern California. U.S. Highways 10 and 60 extend in an east -west direction through the northern portion of the County, Intrastate Highway 91 extends in an east - west direction through the central portion of the county until connecting with U.S. Highway 15, and U.S. Highways 15 and 215 extend in a north -south direction through the central portion of the County, each linking the major cities in the County to other parts of the County and to the Los Angeles, San Bernardino and Orange metropolitan areas and to San Diego County. Local bus service is provided by Sunline Transit and by Greyhound Bus Lines. Passenger service is also provided by AMTRAK, which makes train trips daily each way through the County. Southern Pacific Railroad and Santa Fe Railway handle most of the freight movement in the County. The County seat in the City of Riverside is within a 1-1/2 hour drive of La Quinta. It is a 1-1/2 hour drive to the Ontario Airport and a 3 hour drive to LAX and Orange County. Numerous major truck lines serve the City of La Quinta, making available overnight delivery service to major California cities. Education The educational needs of La Quinta are met by three public elementary schools, two junior high schools and four high schools, all a part of the Desert Sands Unified School District and the Coachella Valley Unified School District. Post -secondary education is served by Desert Community College, Chapman University, California State University, San Bernardino Extension, Ambition Computer Technology, Propper College and Professional Career College. Community Services La Quinta has two Immediate Care facilities and a senior citizens' center within the City limits, with approved plans for expanding medical services to the City. A 112-bed general hospital is located in Indio, 8 miles to the northeast. The City is served by three churches, seven radio stations, three local TV channels, one TV cable system, one savings and loan bank and two full -service banks. Recreational facilities include major resort hotels, several country clubs, several golf courses and Lake Cahuilla Regional Park. The La Quinta Arts Festival is held annually in March. The Bob Hope Chrysler Classic and the Skins Game are nationally acclaimed golfing events which are held yearly in the City. 4 0 066 A-12 APPENDIX B Final Assessment Engineer's Report and Assessment Diagram 4 (� C.68 $296909000* CITY OF LA QUINTA, CALIFORNIA Assessment District No. 2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds BOND PURCHASE AGREEMENT June 92000 Honorable Mayor and Members of the City Council City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Miller & Schroeder Financial, Inc. (the "Underwriter"), acting not as a fiduciary or agent for the City of La Quinta (the "City"), but on behalf of itself, offers to enter into this Bond Purchase Agreement with the City which, upon acceptance by the City, will be binding upon the City and upon the Underwriter. This offer is made subject to the City's acceptance by the execution of this Bond Purchase Agreement and its delivery to the Underwriter at or before 11:59 p.m., local time, on the date set forth hereinabove, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. Capitalized terms which are not otherwise defined herein shall have the respective meanings ascribed to them in the Paying Agent Agreement dated as of June 1, 2000 by and between U.S. Bank Trust National Association (the "Paying Agent") and the City (the "Paying Agent Agreement"). Purchase, Sale and Delivery of the Bonds. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell to the Underwriter, all (but not less than all) of the City of La Quinta, Assessment District No. 2000-1 (Phase VI Improvements), Limited Obligation Improvement Bonds (the "Bonds"), in the aggregate principal amount of $2,690,000*. The Bonds are to be dated the Date of Delivery, bear interest from said date (payable on March 2 and September 2 in each year commencing on September 2, 2000) at the rates per annum, and mature on the dates and in the amounts, set forth in Exhibit A attached hereto and incorporated in full herein by this reference. The purchase price for the Bonds shall be the percentage of the principal amount thereof which is set forth in Exhibit A. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable and be subject to redemption as provided in the Paying Agent Agreement and the Improvement Bond Act of 1915 (the "1915 Act"), Division 10 of the Streets and Highways Code of California and the Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5 (commencing with Section 9500) of the Streets and Highways Code of California (collectively, the "Act"). The net proceeds of the Improvement Bonds will be used for w Preliminary, subject to change. F; the purpose of constructing certain sewer improvements as described in the Preliminary Official Statement. (b) By official action of its City Council, the City has approved the Preliminary Official Statement relating to the Bonds dated June , 2000 (the "Preliminary Official Statement") and has deemed the Preliminary Official Statement to be final as of the date thereof for purposes of the Securities and Exchange Commission's Rule 15c2-12 ("Rule 15c2-12"), except for the information permitted to be omitted therefrom pursuant to Rule 15c2-12; and the City hereby approves the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of the City's Bond Counsel and the Underwriter, from time to time prior to the Closing Date. A condition of the offer of the Underwriter made hereby is that the City deliver to the Underwriter within seven business days of the date hereof a sufficient quantity of copies of the Official Statement to enable the Underwriter to comply with the Underwriter's obligations under Rule 15c2-12 (such quantity to be specified by the Underwriter as promptly as practicable after the City's execution of this Bond Purchase Agreement). The City hereby ratifies any prior use and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, the Paying Agent Agreement, the City's Resolution (the "Resolution"), this Bond Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by the City to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement. (c) Except as the City and the Underwriter may otherwise agree, the City will deliver to the Underwriter, at 9:00 a.m. local time, on June _, 2000 or such later date as may be acceptable to the Underwriter (the "Closing Date"): (1) at the offices of The Depository Trust Company in New York, New York, or at such other location as may be designated by the Underwriter, the Bonds, in definitive form duly executed by the City in the manner provided for in the Paying Agent Agreement and the 1915 Act; and (2) at the offices of Rutan & Tucker LLP ("Bond Counsel"), or at such other location as may be designated by the Underwriter, the documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the purchase price of the Bonds in immediately available funds (such delivery and payment being herein referred to as the "Closing"). The Bonds shall be in fully registered form and shall be registered in the name of Cede & Co. and delivered to the offices of The Depository Trust Company not later than 24 hours prior to the Closing. 2. Representation, Warranties and Agreements of the City. The City represents and warrants to and agrees with the Underwriter that: (a) The City is a municipal corporation duly organized and validly existing under the California Constitution and the laws of the State of California and has, and at the Closing Date will have, full legal right, power and authority (1) to enter into this Bond Purchase Agreement, (2) to issue, sell and deliver the Bonds to the Underwriter as provided herein and (3) to carry out, give effect to and consummate the transactions contemplated by this Bond Purchase Agreement, the Paying Agent Agreement, the Official Statement and any agreements referred to therein. (b) The City has complied with, and will at the Closing Date be in compliance in all respects with, the applicable provisions of the Municipal Improvement Act of 1913 (the "1913 Act"), the 1915 Act and all other applicable laws and agreements. (c) The City has, or prior to the Closing Date, will have, duly and validly: (1) formed Assessment District No. 2000-1 (the "Assessment District"), confirmed the assessments described in the Official Statement, taken all actions necessary to cause said assessments to constitute liens on the respective parcels with respect to which they were confirmed, and adopted the Resolution, (2) approved and authorized the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, the Official Statement and any other applicable agreements; and (3) authorized and approved the performance by the City of its obligations contained in, and the taking of any and all action as may be necessary to carry out, give effect to and consummate the transactions contemplated by, each of said documents. At the Closing Date (assuming due authorization, execution and delivery by the other parties thereto, where necessary) the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement and any other applicable agreements will constitute the valid, legal and binding obligations of the City, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought. (d) The City is not, and as of the Closing Date will not be, in breach of or default under any law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is party or is otherwise subject or bound, which breach or default would have a material adverse effect on the City's ability to perform its obligations under the Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement; and the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, any other applicable agreements and the other instruments contemplated by any of such documents to which the City is a party, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound in any manner that would materially adversely affect the City's ability to perform its obligations under the Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement. (e) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations hereunder and under the Act, the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, and any other applicable agreements have been or will be obtained and are or will be in full force and effect. (f) The Bonds, the Paying Agent Agreement and other applicable agreements conform as to form and tenor to the descriptions thereof contained in the Official Statement; and the Bonds, when delivered to and paid for by the Underwriter on the Closing Date as provided herein, will be validly issued and outstanding and entitled to all the benefits and security of the' Act and the Paying Agent Agreement. (g) Assessments levied on the parcels of land within the County have been paid through the dates indicated in the Preliminary Official Statement. (h) The special assessments described in the Official Statement have been duly and lawfully levied under and pursuant to the 1913 Act; and each such assessment constitutes a valid and legally binding lien on the parcel of land in the Assessment District on which such assessment was levied. Except as disclosed in the Official Statement, there are no outstanding liens for general (ad valorem) taxes or special taxes or assessment liens against the 4 0U land in the Assessment District which are senior to the assessment liens referred to in this paragraph. (i) The Official Statement is and will be, as of the Closing Date, true, correct and complete in all material respects; and the Official Statement does not and will not, as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. 0) During the period commencing on the date hereof and ending on the date 25 days after the end of the "underwriting period" (as defined in Rule 15c2-12), if any event shall occur as a result of which it may be necessary to supplement the Official Statement in order to make the statements therein, in light of the circumstances existing at such time, not misleading, the City shall forthwith notify the Underwriter of any such event of which the City has knowledge and, if such event requires an amendment or supplement to the Official Statement, the City will at its expense amend or supplement the Official Statement in a form and manner jointly approved by the City and the Underwriter. (k) The City has taken all actions required to be taken by it so that the assessments in the Assessment District and the funds and accounts established pursuant to or referred to in the Paying Agent Agreement and the 1915 Act (except the Rebate Fund) are and will be pledged to the payment of the principal of and redemption premium and interest on the Bonds, subject in all cases to the provisions of the Paying Agent Agreement and the Act permitting the application thereof for the purposes and on the terms and conditions set forth therein. (1) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, or public board or body is pending, or to the knowledge of the City, threatened, in any way affecting the existence of the City or the titles of its officers to their respective offices or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Paying Agent Agreement, the 1913 Act and the 1915 Act, or the collection or application of assessments pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Bonds, the Paying Agent Agreement, any other applicable agreements, this Bond Purchase Agreement, or any action of the City contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Official Statement or the powers of the City or its authority with respect to the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement or any action of the City contemplated by any of said documents, or in any way seeking to enjoin or restrain the City from approving the development of any of the property within the Assessment District, or which would adversely affect the exclusion from gross income for purposes of federal income taxation of interest paid on the Bonds; nor to the knowledge of the City, is there any basis therefor. (m) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request to qualify the Bonds for offer and sale under the "Blue Sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, provided that the City shall not be required to consent to service of process in any jurisdiction and provided further that no such action shall be at the expense of the City. The City is not responsible for the Underwriter's compliance with or the consequences of failure to comply with applicable "Blue Sky" laws. 4 (n) Any certificate signed by any official of the City authorized to do so shall be deemed a representation and warranty by the City to the Underwriter as to the statements made therein. (o) The City will apply the proceeds of the Bonds in accordance with the 1913 Act, the 1915 Act, the Paying Agent Agreement and all other applicable documents and as described in the Official Statement. (p) The City will take any and all actions reasonably necessary to assure the continued exclusion from gross income for purposes of federal income taxation of the interest on the Bonds and will not take any action, or permit any action to be taken with respect to which the City may exercise control, which would result in the loss of that exclusion. (q) Until such time as moneys have been set aside in an amount sufficient to pay all then outstanding Bonds redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the City will faithfully perform and abide by all of the covenants, undertakings and provisions contained in the Paying Agent Agreement. (r) The information in the Preliminary Official Statement relating to the City and the Bonds heretofore delivered to the Underwriter is deemed final by the City as of its date and as of the date hereof, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of Section 240.15c2-12 in Chapter II of Title 17 of the Code of Federal Regulations ("Rule 15c2-12"). The City hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter, the City shall deliver a final printed form of the Official Statement to the Underwriter in sufficient quantity to comply with paragraph (b)(4) of Rule 15c2-12 and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board. (s) The City on behalf of the District will undertake, pursuant to a continuing disclosure certificate dated June 1, 2000 (the "Continuing Disclosure Certificate"), by and among the City, the District and U.S. Bank Trust National Association as dissemination agent thereunder, to provide annual reports, the City Annual Report and notice of certain events. In addition, the City and the District have determined that the Developer is an obligated party and has entered into a Continuing Disclosure Certificate with such party to provide the Developer Annual Report not later than seven (7) months and one hundred eighty (180) days, respectively, after the end of the City's fiscal year. The execution and delivery of this Bond Purchase Agreement by the City shall constitute a representation to the Underwriter that the representations and warranties contained in this Section 2 are true as of the date hereof. 3. Conditions to the Obligations of the Underwriter. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City contained herein as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements of the officers and other officials of the City, as well as of the other individuals referred to herein, made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: 5 (a) At the Closing Date, the Resolution, the Paying Agent Agreement and any other applicable agreements shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter; and there shall have been taken in connection with the issuance of the Bonds and with the transactions contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion of Bond Counsel shall be necessary and appropriate. (b) At the Closing date, the Official Statement shall be in form and substance satisfactory to the Underwriter. (c) At the Closing Date, except as disclosed in the Official Statement no taxes or assessments shall be delinquent on any property within the Assessment District. (d) Between the date hereof and the Closing Date, the market price or marketability of the Bonds shall not have been materially adversely affected, in the judgment of the Underwriter, after consultation with the City and its counsel, by reason of any of the following: (1) legislation introduced in or enacted by the Congress or recommended to the Congress by the President of the United States, the Department of the Treasury, the Internal Revenue Service, or any member of Congress, or favorably reported for passage to either House of Congress by any committee of such House to which such legislation has been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America or the Internal Revenue Service, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon such interest as would be received by any holders of the Bonds; (2) legislation introduced in or enacted by the Congress or an order, decree or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Paying Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, or of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise would be in violation of the federal securities laws as amended and then in effect; (3) a general suspension of trading in securities on the New York Stock Exchange, or a general banking moratorium declared by federal or State of California officials authorized to do so, or a war or other national calamity; (4) the withdrawal or downgrading of any rating of any securities of the City by a national rating agency; (5) any amendment to the federal or California Constitution or action by any federal or California court, legislative body, regulatory body or other authority materially adversely affecting its property, income, securities (or interest thereon), the validity, priority or no enforceability of the assessments as contemplated by the Paying Agent Agreement and the Official Statement; or (6) any event occurring, or information becoming known which, in the judgment of the Underwriter after consultation with the City, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (e) At or prior to the Closing Date, the Underwriter shall have received two counterpart originals or certified copies of the following documents, in each case satisfactory in form and substance to the Underwriter: (1) The Official Statement, executed on behalf of the City by an official of the City reasonably acceptable to the Underwriter; (2) The Resolution and the Paying Agent Agreement, each substantially in the form duly approved by the City and each of which shall not have been further amended or modified (except as may have been agreed to by the Underwriter) and shall be in full force and effect as of the Closing Date; (3) An unqualified opinion of Bond Counsel, dated the Closing Date and addressed to the City, to the effect that the Bonds are the valid, legal, binding obligations of the City and that the interest thereon is excluded from gross income for purposes of federal income taxes and is not a specific preference item for purposes of federal individual and corporate alternative minimum taxes, all as provided in the Official Statement, together with a letter from Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion may be relied upon by the Underwriter to the same extent as if such opinion were addressed to the Underwriter; (4) An opinion, dated the Closing Date and addressed to the Underwriter, of Bond Counsel to the effect that a) this Bond Purchase Agreement has been duly authorized, executed and delivered by the City, and, assuming due authorization, execution and delivery by the Underwriter, constitutes a legal, valid and binding agreement of the City, enforceable in accordance with its terms, subject to bankruptcy, insolvency, and other laws affecting the enforcement of creditors' rights in general and except as such enforceability may be limited by the application of equitable principles if equitable remedies are sought; b) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended; c) the Paying Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; d) the special assessments in the Assessment District have been duly and lawfully levied under and pursuant to the 1913 Act and such special assessments, including each installment thereof, are secured by an assessment lien upon the respective parcels assessed; e) the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, any other applicable agreements and the other instruments contemplated by any of such documents to which the City is a party, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound in any manner that would materially adversely affect the City's ability to perform its obligations under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement, the Escrow Agreement and this Bond Purchase Agreement; and f) all approvals, consents, authorizations, elections and, 1 7 �1 1 0 orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations hereunder and under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement and any other applicable agreements have been or will be obtained and are or will be in full force and effect. (5) An opinion, dated the Closing Date and addressed to the Underwriter, of Rutan & Tucker LLP, to the effect that a) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, b) the Paying Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended, and c) without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, but on the basis of their participation in conferences with representatives of the City, Bond Counsel, the Underwriter and others, and their examination of certain documents, nothing has come to their attention which would lead them to believe that the Official Statement as of its date and as of the Closing Date, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that no opinion or belief need to be expressed as to any appendices and any other financial and statistical data contained in the Official Statement or any information as to the Developer or the Project); (6) Such memoranda as to 'Blue Sky" matters as the Underwriter may reasonably require; (7) A certificate, dated the Closing Date and signed by the City Manager of the City or his designee, to the effect that a) the representations and warranties of the City contained herein are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date; b) to the best knowledge of said officer, no event has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purpose for which the Official Statement is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; and c) the City has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied under this Bond Purchase Agreement, the 1913 Act, the 1915 Act, and the Paying Agent Agreement at and prior to the Closing Date; (8) An opinion, dated the Closing Date and addressed to the Underwriter, of the City Attorney, to the effect that a) no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body, is pending or, to his knowledge, threatened in any way affecting the existence of the City or the titles of its officers to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Paying Agent Agreement, or the collection or application of the assessments and the interest thereon to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Paying Agent Agreement, the Resolution, this Bond Purchase Agreement, or any other applicable agreements or any action of the City contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Official Statement or the powers of the City or its authority with respect to the Bonds, the Paying Agent Agreement, the Resolution, this Bond Purchase Agreement, or any other applicable agreement, or any action on the part of the City contemplated by any of said documents, or in any way seeking to enjoin or restrain the City from approving the development of the property within the Assessment District, or which challenges the exclusion of interest paid on the Bonds from gross income for purposes of federal income taxation, nor to his knowledge is 8 0 t'7 there any basis therefor; b) the City is duly organized and validly existing as a municipality and a political subdivision of the State of California, with full legal right, power and authority to issue the Bonds and to perform all of its obligations under the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement; c) the City has adopted the Resolution and it is in full force and effect; d) the City has duly authorized the execution and delivery of the Official Statement; e) the City has duly and validly approved, executed and delivered the Paying Agent Agreement and this Bond Purchase Agreement and, assuming due authorization, execution and delivery by the other parties thereto, said documents constitute legal, valid and binding agreements of the City enforceable in accordance with their terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought; and f) the City is not in breach of or in default under any law or administrative rule or regulation of the State of.California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is party or is otherwise subject or bound which breach or default would have a material adverse affect on the City's abilities to perform its obligations under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement. (9) A certificate of an authorized officer of the Paying Agent to the effect that a) the Paying Agent is a national banking association duly organized and in good standing under the laws of the United States, is authorized to carry out corporate trust powers as Paying Agent and has all necessary power and authority to enter into and perform its duties under the Paying Agent Agreement; b) the Paying Agent is duly authorized to enter into the Paying Agent Agreement and to authenticate and deliver the Bonds to the Underwriter pursuant to the terms of the Paying Agent Agreement, and the Paying Agent has duly executed and delivered the Paying Agent Agreement, and assuming due authorization, execution and delivery by the respective other parties, the Paying Agent Agreement constitutes the legally valid and binding obligations of the Paying Agent, enforceable in accordance with their terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors' rights generally; c) the Paying Agent has duly authenticated and delivered the Bonds to the Underwriter under the Paying Agent Agreement; d) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Paying Agent that has not been obtained is or will be required for the authentication and delivery of the Bonds or the consummation by the Paying Agent of its obligations under the Paying Agent Agreement; e) the execution and delivery by the Paying Agent of the Paying Agent Agreement and compliance with the provisions thereof has been duly authorized by all necessary corporate action on the part of the Paying Agent and, to the best knowledge of the Paying Agent, will not conflict with or constitute a breach of or default under any law, administrative regulation, court decree, resolution, charter, by-laws or any agreement to which the Paying Agent is subject or by which the Paying Agent is bound; and 0 to the best knowledge of the Paying Agent, no litigation is pending or threatened (either in state or federal courts) (i) to restrain or enjoin the execution or delivery of any of the Bonds or (ii) in any way contesting or affecting any authority for the issuance or delivery of the Bonds or the validity or enforceability of the Bonds or the Paying Agent Agreement; (10) A certificate, dated the Closing Date, of a duly authorized officer of MuniFinancial to the effect that the material contained in the Official Statement under the headings "THE DISTRICT" AND "APPENDIX B" to the extent that such material pertains to the assessments and the Project, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; 41 G�8 01 (11) A letter, dated the date of the Closing and addressed to the Underwriter and the Issuer, of Underwriter Counsel, to the effect that based upon its participation in the preparation of the Official Statement and without having undertaken to determine independently the accuracy or completeness of the statements in the Official Statement such Counsel has no reason to believe that, as of the date of Closing, the Official Statement (except for financial, statistical and numerical data included in the Official Statement, as to which no view need be expressed) contains any untrue statement of material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; (12) A transcript of all proceedings relating to the authorization, issuance, sale and delivery of the Bonds; and (13) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter or Bond Counsel may reasonably request. All the opinions, letters, certificates, instruments and other documents mentioned in this section or elsewhere in this Bond Purchase Agreement shall be deemed to be in compliance with the terms hereof if, and only if, they are in form and substance satisfactory to the Underwriter. If any of the conditions to the obligations of the Underwriter contained in this section or elsewhere in this Bond Purchase Agreement shall not have been satisfied when and as required herein, all obligations of the Underwriter hereunder may be terminated, at, or at any time prior to, the Closing Date by written notice to the City, except that the respective obligations of the Underwriter and the City set forth in Section 4 hereof shall continue in full force and effect. 4. Expenses. (a) Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, the Underwriter shall be under no obligation to pay, and the City shall pay or cause to be paid out of any legally available funds of the City all expenses incident to the performance of the City's obligations hereunder, including but not limited to: the cost of printing, engraving and delivering the Bonds to the Underwriter; the cost of printing, distribution and delivery of the Preliminary Official Statement and the Official Statement in such reasonable quantities as may be requested by the Underwriter; the fees and disbursements of the Paying Agent and Bond Counsel, and any accountants, engineers, appraisers, financial advisors or other experts or consultants the City has retained in connection with or the Bonds; and any other expenses not specifically enumerated in paragraph (b) of this section incurred in connection with the issuance of the Bonds. (b) Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall pay the cost or preparation of any "Blue Sky" or legal investment memoranda; expenses to qualify the Bonds for sale under any "Blue Sky" or other state securities laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds (except those specifically enumerated in paragraph (a) of this section), including the fees and disbursements of its counsel and any advertising expenses. 5. Notices. Any notice or other communication to be given to the City under this Bond Purchase Agreement .may be given by delivering the same in writing to the City Manager of the City at 78-495 Calle Tampico, La Quinta, California 92253; and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be 41 10 given by delivering the same in writing to Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 100, Solana Beach, California 92075, Attention: Robin Thomas. 6. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit of the City and the Underwriter (including successors or assignees of any Underwriter) and no other person, including but not limited to any owner of land within the Assessment District, shall acquire or have any right hereunder or by virtue hereof. 7. Survival of Representations and Warranties. The representations and warranties of the City set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing or termination of this Bond Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City and regardless of delivery of and the payment for the Bonds. 8. Undertakings of the City. The City agrees (a) to inform the Underwriter, from time to time, upon the reasonable request of the Underwriter, of the amount then on deposit in the Reserve Fund, if funded, and (b) to make available to the Underwriter, at the expense of the City, sufficient copies of its audited financial statements, if any, Resolution of its legislative body with respect to the Bonds, the Bond Resolution, the Official Statement, any amendments or supplements thereto, and other documents relating to the Bonds and pertaining to the City to the extent that such documents are publicly available, as may be reasonably required from time to time for the prompt and efficient performance by the Underwriter of its obligations hereunder (except any portion of any such document which, by contract, is not subject to disclosure). 9. Effective. This Bond Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance. Accepted: CITY OF LA QUINTA, CALIFORNIA Approved as to form: City Attorney Very truly yours, MILLER & SCHROEDER FINANCIAL, INC. Senior Vice President 41 Oc�O 11 Maturity (September 2) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2015 Total EXHIBIT A MATURITY SCHEDULE Amount The purchase price of the Bonds shall be $ % of the principal amount thereof. Interest Reoffering Rate Price 100% 100 100 100 100 100 100 100 100 100 100 an amount equal to approximately 41- AGREEMENT FOR UNDERWRITING SERVICES THIS AGREEMENT, made this 16th day of May, 2000, by and between the CITY OF LA QUINTA and related agencies and authorities, La Quinta, California, duly organized under the laws of the State of California (hereinafter called the "Issuer"), party of the first part, and MILLER & SCHROEDER FINANCIAL, INC., 505 Lomas Santa Fe Drive, Solana Beach, California (hereinafter called the "Underwriter"), party of the second part: WITNESSETH: WHEREAS, the Issuer has included among its goals and objectives the financing of certain debt obligations; and WHEREAS, the Issuer requires assistance in the development of a sound, equitable and practical financing plan to implement the financing by taking into consideration sources of capital funds and cash flow requirements, annual costs, the allocation of those costs, statutory requirements and restrictions, and methods if applicable; and WHEREAS, the Issuer requires the services of a municipal investment banker experienced in underwriting debt obligations to assist in such financial planning related thereto and to purchase at negotiated sale the Issuer's obligations resulting therefrom; and WHEREAS, consistent with the terms and conditions of this Agreement, the Issuer wishes to engage the Underwriter to provide investment banker services for said activities. NOW, THEREFORE, it is mutually agreed as follows, to wit: The Issuer hereby employs the Underwrite Services to be Performed by the Underwriter r The Underwriter shall perform in a diligent manner the following services: 1. Assemble, review and analyze available financial and economic data and information which may have a general bearing on a program for financing any proposed project or projects. 2. Based on the foregoing analysis, prepare a general review and description of the proposed projects and outline the possible methods of financing such projects, the advantages and disadvantages of each method as applied to a given project, the general legal and practical requirements or restrictions applicable to each method and their attendant costs. 3. When the Issuer has approved a specific project or projects for implementation, the estimated costs and method of financing of which have been sufficiently well established to permit the preparation of a final financing plan, the Underwriter shall prepare such plan containing, in addition to other information, the following: A. A description of the financing or financings, including the purpose, benefits, security, estimated costs and other pertinent information. B. Details relating to the proposed method of financing, including tentative bond amortization schedules, call features, sources and amounts of funds to be used in amortizing the costs and other related data. C. Recommendations as to further procedures. The foregoing will be designed to answer substantially all of the important questions which might arise in connection with the particular financing or financings and will contain current information as to estimated costs and economic and fiscal information. 4. Assist Bond Counsel with the preparation of necessary resolutions and other legal documents and make recommendations as to the exact terms and conditions under which bonds are to be issued and sold, including timing and method of sale, final amortization or repayment schedules, call and redemption features, provisions governing the issuance of additional bonds, covenants and other provisions in order to secure the best possible rating on the bonds. 5. Prepare the text and other material for an official statement or bond prospectus describing the project or projects, the bonds, their security, and the economic and financial background of the Issuer. 6. Make every effort to obtain bond insurance and/or a bond rating for each proposed issue to the end that such bonds may be sold for the lowest possible cost. The Underwriter shall provide the bond insurers, Moody's Investors Service and Standard and Poor's Ratings Group with all information required by such agencies necessary in establishing such bond insurance and/or ratings and make such trips and schedule such conferences with such agencies as may be necessary to obtain the highest possible rating on the bonds. 7. If it is appropriate or desirable for any other public entity or agency thereof to participate in accomplishing the financing for any project or projects, the Underwriter, in order to achieve maximum coordination of the proposed financing, shall also serve as the Underwriter for such public entity or agency under the terms and conditions hereof. 8. The Underwriter shall be available at reasonable times by telephone or at the offices of the Issuer to discuss on a continuing basis the results of studies and analyses and generate such additional information as desired or requested and consult with the Issuer as to the financial aspects of any specific project then being considered. Sale of Bonds, Compensation: Expenses At such time as the Issuer is satisfied that the financing program meets the goals and objectives of the Issuer and wishes the Underwriter to proceed with the financing program, the Issuer and the Underwriter shall enter into a bond purchase agreement for the sale of the Issuer's obligations to the Underwriter at a discount not to exceed one and sixty -five -hundredths percent (1.65%) of the principal amount of bonds issued, unless otherwise approved in writing (the "Bond Discount") and bearing interest at rates which are commensurate with the rates prevailing in the market for similar securities at the time the bonds are offered to the public and which will be approved by the Issuer's staff and pricing consultant. The Bond Discount will represent the total compensation to be paid to the Underwriter and the Issuer shall not be liable for any additional fees whatsoever. All costs of the financing program will be payable out of bond proceeds when the bonds are sold and delivered to the Underwriter, unless otherwise specified by the Issuer. In the event that market conditions or actions by regulatory agencies prohibit completion of the financing by the Issuer, the Underwriter will be responsible for all fees and expenses incurred in connection 2 with services to be performed as the Issuer's investment banker. The Issuer will be responsible for all other fees and expenses incurred in connection with the financing. Named Personnel Underwriter commits the principal personnel listed below to provide services pursuant to this Agreement for the duration of its term. Underwriter's Principal Personnel: 1. Robin M. Thomas, Senior Vice President 2. Michael K. Cavanaugh, Vice President It has been determined that the individuals named in this Agreement are necessary for the successful performance of this Agreement. No replacement of these individuals shall be made by Underwriter without written consent of Issuer which shall not be unreasonably withheld. The consent of the Issuer shall be given in writing within ten (10) days of the receipt of written notice from the Underwriter of the intent to replace personnel. If Issuer fails to respond to Underwriter within ten (10) days of notification by Underwriter, said personnel replacement shall be deemed approved. Term The term of this Agreement shall remain in full force unless terminated by either party. This Agreement may be terminated without cause by either party by giving the other party sixty (60) days written notice of such cancellation. Independent Contractor Underwriter shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Issuer or under Issuer's supervision or control. This Agreement is by and between Underwriter and Issuer, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Issuer and Underwriter. Successor and Assignment The services as contained herein are to be rendered by Underwriter whose name is as appears first above written and said Underwriter shall not assign nor transfer any interest in this Agreement without the prior written consent of Issuer. Indemnification Underwriter agrees to indemnify, defend (upon request by Issuer) and save harmless Issuer, its elected and appointed officials, officers, agents and employees from and against any liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Underwriter's operations, or its services, acts and/or omissions hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Underwriter by any person pursuant to this Agreement. 4 .� 064 Compliance With Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. Interpretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. Disputes - Attorney's Fees If either party to this Agreement is required to initiate or defend litigation in any way connected with this Agreement, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Waiver No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. Notice Notices herein shall be presented in person or by certified or registered U.S. mail, as follows: To Underwriter: Miller & Schroeder Financial, Inc. 505 Lomas Santa Fe Drive, Suite 100 Solana Beach, California 92075-0946 Phone: (858) 481-5894 Fax: (858) 481-8677 Attention: Robin M. Thomas, Senior Vice President To Issuer: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 777-7150 Fax: (760) 777-7105 Attention: John Falconer Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 4 4 GOD IN WITNESS WHEREOF, said Issuer, party of the first part, has caused these presents to be properly executed, and said Underwriter, party of the second part, has caused these presents to be executed by one of its officers, as of the date hereinabove set forth. ATTEST: By (SEAL) CITY OF LA QUINTA, CALIFORNIA MILLER & SCHROEDER FINANCIAL, INC. By Senior Vice President 5 U66 Preliminary Official Statement Dated June , 2000 NEW ISSUE (BOOK ENTRY ONLY) NO RATING In the opinion of Rutan & Tucker LLP, Bond Counsel, based on existing statutes, regulations, rulings and court decisions and assuming, among other matters, compliance with certain covenants, interest on the Bonds is excluded from gross income for federal tax purposes. In the opinion of Bond Counsel, such interest is also exempt from State of California personal income taxes. In the opinion of Bond Counsel, interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, although Bond Counsel observes that it is included in adjusted net book income and adjusted current earnings in calculating corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding other federal income tax consequences caused by the accrual or receipt of interest on the Bonds. See "CONCLUDING INFORMATION -Tax Exemption" herein. Dated: Date of Delivery $296909000* CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds Due: September 2, as shown below The Bonds which comprise the issue described herein are issued by the City of La Quinta, California (the "City") pursuant to the Improvement Bond Act of 1915, constituting Division 10 (commencing with Section 8500) of the Streets and Highways Code (the "1915 Act"), and are secured by assessments levied in proceedings conducted by the City pursuant to the Municipal Improvement Act of 1913, constituting Division 12 (commencing with Section 10000) of the California Streets and Highways Code (the "1913 Act"). The Bonds are being issued for the purpose of constructing certain sewer improvements within the City's Assessment District No. 2000-1 (Phase VI Improvements) (the "Assessment District"). The Bonds will be secured by unpaid assessments on land within the Assessment District. Under provisions of the 1915 Act, installments of principal and interest sufficient to meet annual debt service requirements of the Bonds are to be included on the regular property tax bills sent to the owners of property within the Assessment District against which there are unpaid assessments. These annual installments are to be paid into the Redemption Fund for the Bonds and used to pay debt service on the Bonds as it becomes due. The Bonds will be prepared as fully registered bonds and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as securities depository of the Bonds. Individual purchases will be made in book -entry form only in denominations of $5,000 and integral multiples thereof. Beneficial owners of Bonds will not receive physical certificates representing the Bonds purchased, but will receive a credit balance on the books of the nominees of such purchasers. Principal and interest due with respect to the Bonds will be paid by U.S. Bank Trust National Association, as Paying Agent (the "Paying Agent") to DTC, which is obligated in turn to remit such principal and interest to the DTC participants for subsequent disbursement to the beneficial owners of the Bonds, as described herein. Principal of the Bonds will be payable upon presentation and surrender thereof at the corporate trust office of the Paying Agent. Interest on the Bonds will be payable semiannually on March 2 and September 2 of each year (each an "Interest Payment Date"), commencing September 2, 2000 by check mailed by first class mail to the persons in whose name such Bonds are registered at the close of business on the Record Date, which is the fifteenth day of the month preceding each Interest Payment Date. Interest may also be payable by wire transfer pursuant to the procedures described in the Resolution (defined herein). AS DESCRIBED HEREIN, THE BONDS ARE SUBJECT TO OPTIONAL REDEMPTION PRIOR TO MATURITY. MATURITY SCHEDULE* Maturity Maturity Date Principal Interest Date Principal Interest September 2 of Amount Rate Yield September 2 of Amount Rate Yield 2001 $115,000 2006 $155,000 2002 125,000 2007 160,000 2003 130,000 2008 170,000 2004 135,000 2009 185,000 2005 145,000 2010 195,000 $1,175,000 - % Term Bonds due September 2, 2015 Yield - % The Bonds are limited obligations of the City payable solely from annual assessment installments and from amounts held in certain funds established in the Resolution (defined herein). The Bonds are not secured by the general taxing power of the City, the County of Riverside (the "County"), the State of California (the "State") or any of its political subdivisions, nor is the full faith and credit of the City, the County, the State or any of its political subdivisions pledged to the payment of the Bonds. The City shall not be obligated to use available funds (including any surplus funds) to purchase delinquent parcels or to pay any delinquent installment and future installments of the assessments on delinquent parcels. (See "THE BONDS —Assessments" herein). The owners of the Bonds must assume, therefore, that the sole source of funds with which to cover deficiencies in the Redemption Fund will be the Reserve Fund. See the section of this Official Statement entitled "SPECIAL RISK FACTORS" for a discussion of special factors which should be considered, in addition to the other matters set forth herein, in evaluating the investment quality of the Bonds. The Bonds are being offered by the Underwriter when, as and if issued by the City and accepted by the Underwriter, subject to the approval of legality by Rutan & Tucker LLP, Costa Mesa, California, Bond Counsel. Certain legal matters will be passed on for the Underwriter by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. It is expected that the Bonds will be available for delivery to DTC in New York, New York on or about June 2000. 9 Miller & Sclimeder Financial, Inc. The Date of this Official Statement is June _, 2000. Preliminary, subject to change. CITY OF LA QUINTA, CALIFORNIA CITY COUNCIL John J. Pena, Mayor Stanley Sniff, Mayor Pro Tem Don Adolph, Council Member Terry Henderson, Council Member Ronald Perkins, Council Member CITY STAFF Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager Chris Vogt, City Engineer/Public Works Director Jerold Herman, Community Development Director John M. Falconer, Finance Director June S. Greek, City Clerk Dawn Honeywell, Esquire, City Attorney BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California ASSESSMENT ENGINEER MuniFinancial Temecula, California DESIGN ENGINEER Korve Engineering La Quinta, California UNDERWRITER'S COUNSEL Stradling Yocca Carlson & Rauth a Professional Corporation Newport Beach, California PAYING AGENT U.S. Bank Trust National Association Los Angeles, California UNDERWRITER Miller & Schroeder Financial, Inc. 4, Solana Beach, California TABLE OF CONTENTS Page INTRODUCTORY STATEMENT ...................... 1 Taxes and Prior Assessments ............ 18 THE BONDS ................................................. 2 Direct and Overlapping Authority for Issuance ......................... 2 Indebtedness ................................ 18 Description of the Bonds .................... 2 Property Values ................................. 18 Bond Payment, Registration Secondary Market .............................. 19 and Transfer .................................. 2 Loss of Tax Exemption ..................... 19 Book -Entry System ............................. 4 No Acceleration Provision ................ 19 Redemption of the Bonds... ................. 5 RELEVANT CALIFORNIA CONSTITUTIONAL Sources and Application of Funds ...... 7 PROVISIONS ........................................ 19 Improvements ..................................... 7 Article XIIIA and Article XIIIB ........ 19 Estimated Debt Service Schedule ....... 8 Article XIIIC and Article XIIID........ 21 SECURITY FOR THE BONDS .......................... 8 Hazardous Substances ....................... 21 Assessments ........................................ 8 CONTINUING DISCLOSURE ......................... 22 Foreclosure Proceedings and ABSENCE OF MATERIAL LITIGATION.......... 22 Sales of Tax -Defaulted TAX EXEMPTION ........................................ 22 Property ......................................... 9 APPROVAL OF LEGALITY ........................... 23 THE RESOLUTION ........................................ 10 UNDERWRITING ........................................ 23 THE ASSESSMENT DISTRICT ........................ 13 NO RATING ................................................ 23 General ................................................ 13 MISCELLANEOUS....................................... 24 Cost Estimate ...................................... 14 APPENDIX A Direct and Overlapping Debt .............. 15 General Information and Economic Property Values ................................... 15 Profile of the City of La Quinta......... A-1 SPECIAL RISK FACTORS ............................... 16 APPENDIX B Limited Obligations - Failure to Pay Final Assessment Engineer's Assessment Installments ............... 16 Report and Assessment Bankruptcy and Foreclosure .............. 17 Diagram ............................................. B-1 Availability of Funds to Pay APPENDIX C Delinquent Assessment Form of Continuing Disclosure Installments .................................. 17 Certificate .......................................... C-1 No dealer, broker, salesperson or other person has been authorized by the City of La Quinta or the Underwriter to give any information or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor will there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the City of La Quinta and other sources which are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and it is not to be construed as a representation by the City of La Quinta. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create any implication that there has been no change in the affairs of the City of La Quinta since the date hereof. OFFICIAL STATEMENT $296909000- CITY OF LA QUINTA ASSESSMENT DISTRICT NO.2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds INTRODUCTORY STATEMENT The purpose of this Official Statement is to set forth certain information concerning the issuance and sale by the City of La Quinta, California (the "City") of $2,690,000* of its Assessment District No. 2000-1 (Phase VI Improvements) (the "Assessment District"), Limited Obligation Improvement Bonds (the 'Bonds"). The Assessment District was formed pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (the "1913 Act"). The City is issuing the Bonds pursuant to the Constitution and laws of the State of California (the "State"), and particularly the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "1915 Act"), and a resolution of issuance adopted by the City Council on June 6, 2000 (the "Resolution"). The City will use the proceeds of the Bonds to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City will issue the Bonds and the Bonds will be payable from the annual assessment installments collected on the regular property tax bills sent to owners of property within the Assessment District having unpaid assessments levied against them. The annual assessment installments, levied against the property within the Assessment District to pay the debt service on the Bonds, will constitute a priority lien against the property within the Assessment District, which lien is co -equal to general property taxes levied by the County of Riverside (the "County"). See "THE BONDS —Assessments" herein. The Bonds are payable from the annual assessment installments collected on the regular property tax bills sent to owners of property within the Assessment District having unpaid assessments levied against them. In the event of a delinquency in the payment of any installment of an assessment, the City will transfer from the Reserve Fund to the redemption fund established for the Bonds (the "Redemption Fund") the amount necessary to pay the next maturing installment of principal and interest on the Bonds. The Reserve Fund will be funded from proceeds from the sale of the Bonds in an amount equal to $ There is no obligation on the part of the City to use funds of the City to make such payment. (See "THE BONDS —Assessments" herein.) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY, THE COUNTY OF RIVERSIDE, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE CITY, BUT ARE LIMITED OBLIGATIONS OF THE CITY SECURED BY AND PAYABLE SOLELY FROM THE ASSESSMENTS AND THE AMOUNTS IN THE REDEMPTION FUND Preliminary, subject to change. G51 AND THE RESERVE FUND CREATED UNDER THE RESOLUTION. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE BONDS ARE NOT A DEBT OF THE CITY, THE COUNTY OF RIVERSIDE, THE STATE OF CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION OR RESTRICTION. See the section of this Official Statement entitled "SPECIAL RISK FACTORS" for a discussion of special factors which should be considered, in addition to other matters set forth herein., in considering the investment quality of the Bonds. This Official Statement contains brief descriptions of, among other things, the City, the Assessment District, the Resolution, the Bonds and the security for the Bonds. Such descriptions do not purport to be comprehensive or definitive. All references in this Official Statement to documents are qualified in their entirety by reference to such documents and to the form of the Bonds included in the Resolution. Copies of the Resolution and other documents described in this Official Statement may be obtained at the office of Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 100, Solana Beach, California 92075 and thereafter from the City Clerk's office, City of La Quinta, 78-495 Calle Tampico, La Quinta, California 92253. THE BONDS Authority for Issuance The proceedings for the Assessment District were initiated in response to the need to undertake certain improvements as initiated by the City on behalf of the owners of the properties within the Assessment District and subsequent adoption of Resolution No. (the "Resolution of Intention") by the City on February 15, 2000. The Bonds represent, and are secured by, unpaid assessments levied against private property in the Assessment District in accordance with the provisions of the 1913 Act and will be issued pursuant to the 1915 Act. Description of the Bonds The Bonds will be dated June 1, 2000, and will bear interest at the rates, and will mature in the principal amounts and on the dates, set forth on the cover page of this Official Statement. The Bonds are issued as fully registered bonds in the denomination of $5,000 each or any integral multiple thereof and shall be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company. The Bonds shall be evidenced by one Bond maturing on each of the maturity dates of the Bonds in a denomination corresponding to the total principal amount of the Bonds payable on such date. Bond Payment, Registration and Transfer Interest on the Bonds will be payable semiannually on March 2 and September 2 of each year (each an "Interest Payment Date"), commencing on September 2, 2000. Principal of and premium, if any, on the Bonds are payable at the principal corporate trust office of U.S. Bank Trust National Association, Los Angeles, California, the paying agent, registrar and transfer agent (the "Paying Agent"), and interest thereon is payable by check mailed by first class mail to the respective registered owners as their names appear on the registration books of the Paying Agent as of the fifteenth day of the month immediately preceding each Interest Payment Date (the "Record Date"). �^. w 4 4F) *: a7 o , V Each Bond shall bear interest from the Interest Payment Date next preceding the date on which it is authenticated and registered, unless it is authenticated and registered (i) after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) on or before the first Record Date, in which event it shall bear interest from June 1, 2000, or (iii) on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; provided, however, that if at the time of authentication and registration of a Bond interest thereon is in default, such Bond shall bear interest from the date to which interest shall have been paid. Any Bond may, in accordance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of the Resolution, by the owner in whose name it is registered, or by his duly authorized attorney or legal representative, upon surrender of such Bond for registration of such transfer, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent and duly executed by the owner of said Bond. The Paying Agent shall require the payment by the owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer and such charges as provided for in the system of registration for registered debt obligations. No transfer of Bonds shall be required to be made during the fifteen (15) days preceding the selection of any Bonds for redemption prior to the maturity thereof, nor with respect to any Bond which has been selected for redemption prior to the maturity thereof. Upon any such registration of transfer, a new Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the transferee, of any denomination or denominations authorized by the Resolution, and in an aggregate principal amount equal to the principal amount of such Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Paying Agent shall authenticate at the earliest practical time, Bonds in accordance with the provisions of the Resolution. All Bonds surrendered in such exchange or registration transfer shall forthwith be canceled. Bonds may be exchanged at the office of the Paying Agent for a like aggregate principal amount of Bonds of the same series, interest rate and maturity, subject to the terms and conditions provided in the system of registration for registered debt obligations, including the payment of certain charges, if any, upon surrender and cancellation of the Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor, such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. In case any Bond becomes mutilated or destroyed, stolen or lost, the City shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond mutilated, destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Fiscal Agent and City of evidence satisfactory to them that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Paying Agent and City with indemnity satisfactory to them. All Bonds paid or redeemed, either at or before maturity, shall be canceled upon the payment or redemption of such Bonds, and shall be delivered to the Paying Agent when such payment or redemption is made. All Bonds canceled under any of the provisions of the Resolution shall be destroyed by the Paying Agent, which shall execute a certificate in duplicate describing the Bonds so destroyed, and shall retain said executed certificate in its permanent files for the issue. G Book Entry System (a) Original Delivery. The Bonds shall be initially delivered in a form of a separate single fully registered Bond (which may be typewritten) for each maturity of the Bonds. Upon initial delivery, the ownership of each such Bond shall be registered on the Registration Books in the name of the nominee. Except as provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the nominee on the Registered Books. With respect to the Bonds the ownership of which shall be registered in the name of the nominee, the City and the Paying Agent shall have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the City holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the City and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than an Owner as shown in the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interest in the Bonds to be redeemed in the event the City elects to prepay the Bonds in part, (iv) the payment to any Depository System Participant or any person other than an Owner as shown in the Registration Books, of any amount with respect to the principal, premium, if any, or interest on the Bonds or (v) any consent given or other action taken by the Depository as Owner of the Bonds. The City and the Paying Agent may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bond for the purpose of payment of principal, premium and interest in such Bond, for the purpose of giving notices of redemption or other matters with respect to such Bond for the purpose of registering transfers of ownership of such Bond and for all other purposes whatsoever. The Paying Agent shall pay the principal of and interest and premium, if any, on the Bonds only to respective Owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than an Owner shall receive a Bond evidencing the obligation of the City to make payment of principal, interest and premium, if any, pursuant to the letter. Upon delivery by the Depository to the nominee of written notice to the effect that the Depository has determined to substitute a new nominee in its place, and subject to the provision herein with respect to Record Dates, such new nominee shall become the nominee hereunder for all purposes; and upon receipt of such notice the City shall promptly delivery a copy of the same to the Paying Agent. (b) Representation Letter. In order to qualify the Bonds for the Depository's book -entry, the City and the Paying Agent shall execute and deliver to such Depository a letter representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the City or the Paying Agent any obligation whatsoever with respect to persons having interests in the Bonds other than the Owners. The Paying Agent agrees to comply with all provisions in such letter with respect to the giving of notices thereunder by Paying Agent. In addition to the execution and delivery of such letter, the City may take any other actions, not inconsistent with the letter, to qualify the Bonds of the Depository book -entry program. 4«., r GG4 4 (c) Transfers Outside Book -Entry System. In the event that either (i) the Depository determines not to continue to act as Depository of the Bonds, or (ii) the City determines to terminate the Depository as such, then the City shall thereupon discontinue the book -entry system with such Depository. In such event, the Depository shall cooperate with the City and the Paying Agent in the issuance of replacement Bonds by providing the Paying Agent with a list showing the interests of the Depository System Participants in the Bonds, and by surrendering the Bonds, registered in the name of the nominee, to the Paying Agent on or before the date of such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees to be bound by the provisions of this subsection (c). If, prior to the termination of the Depository acting as such, then the Bonds shall no longer be required to be registered in the Registration Books in the name of the nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Section. Prior to its termination, the Depository shall furnish the Paying Agent with the names and addresses of the Depository System Participants and respective ownership interest thereof. (d) Payments of the Nominee. Notwithstanding any other provisions of the letter to the contrary, so long as any Bond is registered in the name of the nominee, all payments with respect to principal of and interest and premium, if any, on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the letter described in subsection (b) above or as otherwise instructed by the Depository. Redemption of the Bonds Optional Redemption. Any Bond may be redeemed in whole or in part in integral multiples of $5,000 on any Interest Payment Date, at the option of the City upon 30 days' notice to the Bondowner from moneys on deposit with the Paying Agent, at the following prices, expressed as a percentage of the principal amount of Bonds called for redemption, together with accrued interest to the date of redemption: 103% if redeemed on or before September 2, 2007. 102% if redeemed on March 2 or September 2, 2008. 101 % if redeemed on March 2 or September 2, 2009. 100% if redeemed on March 2 or September 2, 2010 and thereafter. Mandatory Redemption from the Prepayment of Assessments. Any Bond shall be subject to redemption in whole, or in part, in integral multiples of $5,000 on any Interest Payment Date from proceeds of refunding bonds pursuant to the 1915 Act (if any such refunding bonds are sold), from repayments of assessments deposited in the Prepayment Account of the Redemption Fund, from excess proceeds in the Assessment Fund or from surplus moneys in the Improvement Fund, upon 30 days' notice to the Bondowner and payment of the principal amount thereof and interest accrued thereon to the date of redemption, at the redemption prices shown above. Sinking Fund Redemption. The Bonds maturing on September 2, 2015, are subject to a mandatory redemption, in part by lot, from sinking fund payments on September 2, 2011, and on September 2 in each year thereafter to and including September 2, 2015, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some, but not all, of the Bonds maturing September 2, 2015 have been optionally redeemed pursuant to the above - described optional redemption provisions, the total amount of sinking fund payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of 4 2 SQ 5 055 the Bonds maturing September 2, 2015 optionally redeemed by reducing each such future sinking fund payment on a pro-rata basis (as nearly as practicable) in integral multiples of $5,000: Sinking Fund September 2 Payment 2011 $205,000 2012 220,000 2013 235,000 2014 250,000 2015 265,000 Notice of Redemption. When the Paying Agent shall receive notice from the City of its election to redeem Bonds at least sixty (60) days prior to the applicable redemption date, or when Bonds are otherwise to be redeemed pursuant to the Paying Agent Agreement, the Paying Agent shall give notice, in the name and at the expense of the City, of the redemption of such Bonds. Such notice of redemption shall (a) specify the CUSIP numbers and the numbers of the Bonds selected for redemption, except that where all the Bonds are subject to redemption, the numbers thereof need not be specified; (b) state the date fixed for redemption; (c) state the redemption price; (d) state the place or places where the Bonds are to be redeemed; and (e) in the case of Bonds to be redeemed only in part, state the portion of the Bond which is to be redeemed. Such notice shall further state that on the date fixed for redemption there shall become due and payable on each Bond, or portion thereof called for redemption, the principal thereof, together with any premium, and interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue and be payable. At least 30 days but no more than 45 days prior to the redemption date, the Paying Agent shall mail by registered or certified mail, a copy of such notice, postage prepaid, to the respective owners of the Bonds to be redeemed at their addresses appearing on the bond register. The actual receipt by the owner of any Bond of notice of such redemption shall not be a condition precedent thereto, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such Bonds, or the cessation of interest on the redemption date. A certificate by the Paying Agent that notice of such redemption has been given as herein provided shall be conclusive as against all parties, and it shall not be open to any Bondowner to show that he or she failed to receive notice of such redemption. The Paying Agent shall also give notice of redemption pursuant to the Paying Agent Agreement to any registered securities depositories or national information services specified in the Paying Agent Agreement. 420 CS6 r Sources and Application of Funds The Bond proceeds are expected to be applied as follows: Sources of Funds Principal Amount of Bonds......................................................... $2,690,000.00* Prepayment Amount.................................................................... AccruedInterest........................................................................... Less: Bond Discount................................................................... TOTAL.................................................................................. Annlication of Funds Improvement Fund....................................................................... Redemption Fund (1)................................................................... ReserveFund (2).......................................................................... TOTAL.................................................................................. (1) An amount representing accrued and capitalized interest on the Bonds through September 2, 2000. (2) An amount equal to the Reserve Requirement. Improvements The improvements to the sewer system include the design and construction of approximately 27,000 linear feet of VCP local gravity flow sewer line and 600 linear feet of sewer laterals to the individual parcels to collect wastewater. Improvements to the sewer collection system "are planned for each of the four benefit zones in the District. Upon completion of these improvements, all parcels in the District will have access to the municipal sewerage system. Property owners who then decide to abandon their existing septic system and connect to the municipal sewerage system will be responsible for constructing the extension of the lateral onto their private property. In addition, property owners who wish to connect to the municipal sewerage system will be responsible for the capacity connection charge assessed by the Coachella Valley Water District. Preliminary, subject to change. 4. 3 GS7 7 Estimated Debt Service Schedule Set forth below is the estimated debt service schedule for the Bonds: Maturity Principal Total (September 2) Amount Interest Debt Service (1) 2000 -- $ 42,096.35 $ 42,096.35 2001 $ 115,000.00 166,535.00 281,535.00 2002 125,000.00 160,555.00 285,555.00 2003 130,000.00 153,805.00 283,805.00 2004 135,000.00 146,525.00 281,525.00 2005 145,000.00 138,830.00 283,830.00 2006 155,000.00 130,420.00 285,420.00 2007 160,000.00 121,275.00 281,275.00 2008 170,000.00 111,675.00 281,675.00 2009 185,000.00 101,305.00 286,305.00 2010 195,000.00 89,835.00 284,835.00 2011 205,000.00 77,550.00 282,550.00 2012 220,000.00 64,020.00 284,020.00 2013 235,000.00 49,500.00 284,500.00 2014 250,000.00 33,990.00 283,990.00 2015 265,000.00 17,490.00 282,490.00 Total $2,690,000.00 $1,605,406.35 $4,295,406.35 (1) Based on an estimated net interest cost of 6.5598%. SECURITY FOR THE BONDS Assessments The Bonds are secured by unpaid assessments which have been levied against the private properties within the Assessment District, together with interest thereon, in accordance with proceedings conducted by the City under the 1913 Act. Payments of principal and interest on such outstanding assessments together with interest and penalties, if any, on delinquent assessment payments will be deposited in the Redemption Fund to be held by the City Treasurer/Finance Director. The Redemption Fund and the Reserve Fund constitute trust funds for the payment of the principal of and interest on the Bonds, which are payable solely out of the Redemption Fund and the Reserve Fund. The assessments are payable in annual installments over a period of years corresponding to the final term to maturity of the Bonds. The aggregate amount of assessment installments coming due in each fiscal year represents the aggregate principal amount of Bonds maturing or subject to mandatory sinking fund redemption in the following calendar year and interest due on the Bonds in such calendar year. Interest accrues on the outstanding principal balance of each assessment at a rate equal to the interest rate on the Bonds, and is payable together with the principal installments of the assessments. The amount of each assessment was fixed at the time of levy thereof, and failure by any landowner to pay any assessment installment will not result in an increase in the assessment against any other parcel of land. The assessment and each installment thereof and any interest and penalties thereon constitute liens against the parcels of land on which they were levied until paid. Such assessment liens have priority over all existing and future private liens and over fixed special assessment 43-L g C S 8 liens which may subsequently be levied against such parcel, are co -equal to and independent of the lien for general property taxes and special taxes and are subordinate to all fixed special assessment liens previously levied against the same parcel. Although the unpaid balance of each assessment constitutes a lien on the assessed parcel, it does not constitute a personal indebtedness of the owner of such parcel. The City cannot assure that the owners of the parcels included in the Assessment District will be financially able to pay the assessment installments when due, or that they will pay such assessment installments even if financially able to do so. See "SPECIAL RISK FACTORS" herein. The Bonds are not secured by the general taxing power of the City, the County of Riverside, the State of California or any political subdivision thereof, and neither the faith and credit nor the taxing power of the City, the County of Riverside, the State of California or any political subdivision thereof is pledged to the payment of the Bonds. The unpaid assessment will be billed and collected in installments, together with interest on the declining balance, in the same manner and time as the County tax roll on which general taxes on real property are collected, and are payable and become delinquent at the same time and in the same proportionate amounts as do said general taxes, and the property upon which the assessment was levied is subject to the same provisions for sale and redemption as are properties for nonpayment of general taxes. See "Foreclosure Proceedings and Sales of Tax -Defaulted Property" below. These installments are to be paid into the Redemption Fund which will be held by the City Treasurer/Finance Director and used to pay the principal of and interest on the Bonds as they become due. The assessment installments billed against each parcel of property included in the Assessment District are based on the percentage which the unpaid assessment against the property bears to the total of unpaid assessments in the Assessment District. Foreclosure Proceedings and Sales of Tax -Defaulted Property The 1915 Act provides that upon default in the payment of any assessment installment, the property securing such assessment shall be sold in the same manner in which real property is sold for the nonpayment of general County property taxes, and shall be subject to redemption in the same manner and to the same extent that real property sold for nonpayment of general County property taxes may be redeemed. The 1915 Act also provides that as a cumulative remedy, upon default in the payment of any assessment installment, an action may be brought in the Supreme Court to foreclose the lien of the assessment in accordance with the 1915 Act. Such foreclosure sale procedure is not mandatory. However, in the Resolution, the City covenants with and for the benefit of the owners of the Bonds with respect to the Assessment District that it will order and cause to be commenced by November 1 of each calendar year, and thereafter diligently prosecute, an action in the Superior Court to foreclose the lien of any delinquent assessment or delinquent installment thereof, against: (1) Any parcel in the Assessment District, whose delinquent assessments for the immediately preceding fiscal year, exceeds $2,000; (2) Any parcel in the Assessment District, whose aggregate delinquent assessments for the immediately preceding three (3) fiscal years, exceeds $2,000; and (3) All parcels in the Assessment District having delinquent assessments for the immediately preceding fiscal year (regardless of the amount of such delinquency), if the aggregate dollar amount of delinquencies in the Assessment District for the 4 3 immediately preceding fiscal year, exceeds 10% of the total amount of dollars actually levied on all parcels in the Assessment District for the immediately preceding fiscal year. 0 G 9 6 For the purpose of the Resolution, the word "commenced" shall mean the initiation by the City of any reasonable process to collect delinquent assessments, including, without limitation, causing delinquency notice and demand letters to be sent to the owners of delinquent parcels and/or the recording of a Notice of Intent to Remove Delinquent Installments of Special Assessments with the County Recorders office in accordance with the requirements of Section 8833 of the Streets and Highways Code of the State of California, as the same may be amended, provided that any such parcels shall ultimately be sent to an attorney designated by the City to be foreclosed in accordance with applicable law. Judicial Foreclosure Proceedings. The 1915 Act provides that the court in a judicial foreclosure proceeding has the power to order property securing delinquent assessment installments to be sold for an amount not less than all assessment installments, interest, penalties, costs, fees and other charges that are delinquent at the time the foreclosure action is ordered and certain other fees and amounts as provided in the 1915 Act. The court may also include subsequent delinquent assessment installments and all other delinquent amounts. No assurance can be given that in the event of a foreclosure proceeding a parcel could be sold for the amount of the delinquency or that any bid would be received for such property. See "SPECIAL RISK FACTORS —Property Values" herein. The ability of the City to foreclose the lien of a delinquent unpaid assessment may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by California law relating to the judicial foreclosure. See "SPECIAL RISK FACTORS —Bankruptcy and Foreclosure" herein. Sales of Tax -Defaulted Property Generally. Property securing delinquent assessment installments which is not sold pursuant to the judicial foreclosure proceedings described above may be sold, subject to redemption by the property owner, in the same manner and to the same extent as real property sold for nonpayment of general County property taxes. On or before June 30 of the year in which such delinquency occurs, the property becomes tax -defaulted. This initiates a five-year period during which the property owner may redeem the property. At the end of the five-year period the property becomes subject to sale by the County Treasurer and Tax Collector. Except in certain circumstances, as provided in the 1915 Act, the purchaser at any such sale takes such property subject to all unpaid assessments, interest and penalties, costs, fees and other charges which are not satisfied by application of the sales proceeds and subject to all public improvement assessments which may have priority. THE RESOLUTION The following is a summary of selected provisions of the Resolution. This summary does not purport to be complete or definitive and it is qualified in its entirety by reference to the Resolution, a copy of which is available upon request to the City or the corporate trust office of the Paying Agent. Application of Bond Proceeds and Proceeds o Prepayment of Assessments. The proceeds of the sale of Bonds and the proceeds of the prepayment of assessments, if any, shall be received by the City Treasurer/Finance Director and deposited in accordance with the Resolution. Creation of Funds. The City Treasurer/Finance Director is authorized and directed to establish and maintain the following Funds for purposes of making payment for the costs and expenses for the works of improvement and payment of principal and interest on the Bonds. The Funds to be created are designated as follows: Reserve Fund. Pursuant to the provisions of Part 16 (commencing with Section 8880) of Division 10 of the Code from the proceeds received from the sale of the Bonds, 4 3 0 except as provided below, an amount equal to the Reserve Requirement which is defined .0 as the lesser of (a) maximum annual debt service on the outstanding bonds, (b) 125% of the average annual debt service on the Bonds, or (c) 10% of the amount (within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended) of the Bonds (the "Reserve Requirement") shall be deposited in a special reserve fund (the "Reserve Fund") which the City Treasurer/Finance Director shall establish and maintain. The Reserve Fund shall be designated and identified as the "Assessment District No. 2000-1 (Phase VI Improvements) Reserve Fund." The Reserve Fund shall constitute a trust fund for the benefit of the owners of the Bonds and shall be maintained, used, transferred, reimbursed and liquidated as follows: (a) Whenever there are insufficient funds in the Redemption Fund to pay the next maturing installment of the principal of or interest on the Bonds, an amount necessary to pay such deficiency shall be advanced from the Reserve Fund to the Redemption Fund. The amounts so advanced shall be reimbursed from the proceeds of collection of delinquent assessments on the redemption or sale of the parcels for which payment of delinquent installments of assessments and interest thereon has-been made from the Reserve Fund. (b) In the event unpaid assessments are paid in advance, the assessments thus paid shall be reduced by an amount equal to the ratio of the original amount of the assessment being prepaid to the total amount originally assessed in the proceedings represented by Bonds multiplied by the amount contained in the Reserve Fund, and the amount thus determined shall be transferred by the City Treasurer/Finance Director from the Reserve Fund to the Redemption Fund. (c) If on each February 15 and August 15, of each year, commencing August 15, 2000, the amount of any income realized from the investment of the money in the Reserve Fund plus the remaining principal amount thereof exceeds the Reserve Requirement, such excess shall be transferred by the Paying Agent to the Redemption Fund and applied to the payment of the Bonds. (d) If, on June 30 of the fiscal year next preceding the fiscal year in which the last unpaid assessment installment becomes due and payable, the balance in the Reserve Fund is sufficient to retire all or a portion of the last maturing series of outstanding Bonds, whether by advance retirement or otherwise, collection of all or a portion of the principal and interest on the assessments shall be discontinued and at the written direction of the City the Reserve Fund shall be liquidated in retirement of the Bonds. Improvement Fund. The net proceeds from the sale of the Bonds, less the amounts specified herein for deposit in the Reserve Fund, shall be placed in a fund created pursuant to Sections 10424 and 10602 of the Code, which shall be held by the City Treasurer/Finance Director and designated and identified as the "Assessment District No. 2000-1 (Phase VI Improvements) Improvement Fund," and the moneys in said fund shall be used only for the purposes authorized in the assessment proceedings and shall be invested and disbursed to pay the costs of issuance of the Bonds and the costs of improvements, in accordance with the written direction of the City Treasurer/Finance Director, Director of Public Works/City Engineer, or City Manager. If, after completion of the improvements to be constructed from the proceeds of the Bonds, it is determined by the City Treasurer/Finance Director there is a surplus „in the Improvement Fund established and held by the City Treasurer/Finance Director, upon 4 `x the written direction of the City Treasurer/Finance Director, shall transfer such moneys 161 11 into the Reserve Fund up to the Reserve Requirement. Any excess moneys shall be transferred into the Redemption Fund and such moneys shall be used for payment of principal of and interest on the Bonds. The amount of such transfer shall be applied by the City Treasurer/Finance Director as a credit against the installments of assessments to be collected, in accordance with the provisions of Sections 10427 and 10427.2, inclusive, of the Code. Redemption Fund. Principal of and interest on the Bonds shall be paid out of the Redemption Fund created pursuant to Section 8671 of the Code, to be held and maintained by the City Treasurer/Finance Director and called the "Assessment District No. 2000-1 (Phase VI Improvements) Redemption Fund." Accrued interest paid by the purchaser of the Bonds, if any, plus Bond proceeds in an amount sufficient to pay interest on the Bonds through September 2, 2000 shall be deposited in said fund. The City Treasurer/Finance Director shall deposit with the Paying Agent, as received, all installments and prepayments of the assessments with respect to the principal, redemption premiums and interest of the Bonds and the City Treasurer/Finance Director shall hold all such moneys in said funds and use the same for the payment of principal, interest and redemption premiums, if any, on the Bonds. Investments. Except as otherwise provided in the Resolution, all moneys held by the Paying Agent in any of the funds or accounts established pursuant to the Resolution shall be invested as directed in writing by the City Treasurer/Finance Director and all investment earnings shall be credited to the fund or account so invested. If the Paying Agent does not receive such written direction, it shall invest such moneys in units of a taxable government money-market fund. The Paying Agent shall have no liability or responsibility for any loss resulting from any investment made in accordance with the provisions of the Resolution or for determining that any directed investment is a Permitted Investment. No City Liability. Pursuant to Streets and Highways Code Section 8769, it is determined and declared that the City will not obligate itself to advance available funds from its City Treasury to cure any deficiency or delinquency which may occur in the Redemption Fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. Paving Agent. The City appoints U.S. Bank Trust National Association, Los Angeles, California as Paying Agent for the Bonds and approves the Paying Agent Agreement by and between the City and said Paying Agent, which Agreement is on file in the Office of the Secretary of the City. The Paying Agent is thereby authorized to and shall mail interest payments to the Bondowners, select Bonds for redemption, give notice of redemption of Bonds and maintain the Bond register as provided in the Resolution. The Paying Agent is authorized to pay the principal of and premium, if any, on the Bonds when the same are duly presented to it for payment at maturity or on call and redemption, to provide for the registration of transfer and exchange of Bonds presented to it for such purposes, to provide for the cancellation of Bonds, all as provided in the Resolution, and to provide for the authentication of Bonds, and shall perform all other duties assigned to or imposed on it as provided in the Resolution. The Paying Agent shall keep accurate records of all funds administered by it and all Bonds paid and discharged by it. The Paying Agent initially appointed, and any successor thereto, may be removed by the City and *a successor or successors may be appointed. So long as any Bonds are outstanding and unpaid the Paying Agent and any successor or successors thereto designated by the City shall continue to be Paying Agent of the City for all of said purposes until the designation by the City of a successor or successors as Paying Agent. The City shall compensate the Paying Agent for the performance of its services thereunder pursuant to the Paying Agent Agreement. 4 3 162 12 The Paying Agent may resign at any time upon 90 days' written notice and after appointment by the City of a successor. Upon merger, consolidation or reorganization of a Paying Agent, the City will appoint a new Paying Agent, which may be the corporation resulting from such reorganization. THE ASSESSMENT DISTRICT General The Assessment District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. In addition, approximately 18 parcels on Vista Grande, which is south of the CVWD Channel, are included in the Westward Ho Drive section. The third area is the Bottlebrush/Sagebrush/Saguaro area. This includes the portions of Bottlebrush, Sagebrush, and Saguaro Streets between Date Palm on the east and Washington Street on the west. The Assessment District has four benefit zones, which correspond to the three areas described above. Two benefit zones are located in the Village Cove area described above. The first zone is the Village Cove Commercial section (Phase VI -A). This zone includes 127 commercial properties and one park. The second zone is the Village Cove Residential section (Phase VI-B). This zone includes '259 residential parcels. The third benefit zone is the Westward Ho Drive area (Phase VI-C). This zone includes 165 residential properties and a commercial area golf course. The fourth benefit zone is the area along Sagebrush, Bottlebrush, and Saguaro Drives (Phase VI-D). There are 125 residential parcels in this zone. 433 13 1 3 Cost Estimate Below is a breakdown of the cost estimate for the Phase VI Improvements: Assessment District No. 2000-1 (Phase VI Improvements) Cost Estimate for Public Works of Construction Construction Costs Sewer Total Engineering, Design, Construction, Administration, Contingency Design Permits Fees Bonds Construction Engineering Construction Administration Contingencies Total General Incidentals Bond Counsel Assessment Engineer City Administration Printing, Advertising, Notices Bond Registrar/Paying Agent Pricing Official Statement Printing Pricing Advisor Bond Issuance Contingency Total Total Project Costs Capitalized Interest, Reserve Funds, Discount Capitalized Interest Reserve Fund Underwriter's Discount Rounding Total Recapitulation Construction Costs and Contingencies Incidental Expenses Bond Issuance Costs and Rounding Total Net Project Costs Less Prepayments Total Amount to Assessment Area A Area B Area C Area D Total 220 247 $603,445 $374,802 $185,784 $1,384,278 220 247 603 445 374 802 185 784 1 384 278 $ 12,690 $ 52,970 $ 14,336 $ 8,040 $ 88,036 22,025 60,345 37,480 18,578 138,428 55,080 109,610 99,000 65,500 329,190 18,360 36,540 33,000 21,800 109,700 22.025 60.345 37.480 18.578 138.428 130 180 JL2,810 221 296 132 496 803 782 $ 29,000 65,000 30,000 2,500 7,500 7,000 5,000 12.000 $ 158.000 $2.346.060 $ 28,290 269,000 44,385 2.265 343 940 $2,188,060 158,000 343,940 $2,690,000 4 439 14 164 Direct and Overlapping Debt The direct and overlapping debt in the Assessment District is as follows: City of La Quinta Assessment District No. 2000-1 1999-00 Assessed Valuation: $46,838,556 Percent Debt DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: Applicable 2/1/00 Desert Sands Unified School District Lease Tax Obligations 0.274% $204,690 Coachella Valley County Water District, I.D. No. 55 1.018 2,048 City of La Quinta Assessment District No. 92-1 0.314 3,925 City of La Quinta Assessment District No. 2000-1 100.000 -- (1) TOTAL DIRECT AND OVERLAPPING TAX AND ASSESSMENT DEBT: JILO 663 OVERLAPPING GENERAL FUND OBLIGATION DEBT: Riverside County General Fund Obligations 0.028% $153,122 Riverside County Board of Education Certificates of Participation 0.028 4,759 Desert Community College District Certificates of Participation 0.124 1,394 Desert Sands Unified.School District Certificates of Participation 0.274 72,626 City of La Quinta General Fund Obligations 2.791 223,559 Coachella Valley County Water District, I.D. No. 71 Certificates of Participation 0.200 27,830 TOTAL GROSS OVERLAPPING GENERAL FUND OBLIGATION DEBT JIK 290 Less: Riverside County Administrative Center Authority (100% self-supporting from tax increment revenues) 1,883 TOTAL NET OVERLAPPING GENERAL FUND OBLIGATION DEBT JIU 407 GROSS COMBINED TOTAL DEBT $693,953 (3) NET COMBINED TOTAL DEBT $692,070 Ratios to 1999-00 Assessed Valuation: DirectDebt......................................................................................... -- % Total Direct and Overlapping Tax and Assessment Debt ................... 0.45% Gross Combined Total Debt............................................................... 1.48% Net Combined Total Debt................................................................... 1.48% STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/99: $0 1) Excludes 1915 Act bonds to be sold. 2) Based on redevelopment adjusted all property assessed valuation of $17,373,543. 3) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and non - bonded capital lease obligations. Source: California Municipal Statistics, Inc. Property Values The assessed value of a parcel represents the market value of such parcel as determined by the County Assessor as of the parcel's most recent assessment, plus a 2% per year inflation factor since the date of such assessment. A new assessment of an assessed parcel to its then current fair market value will occur only, upon a change of ownership, new construction with respect to such parcel or a successful appeal of the assessed value by the owner. While, in general, market value has tended historically to often be in excess of assessed value, as a result of the prolonged downturn in the California real estate market, no assurance can be given that the market values of the properties within the Assessment District exceed or equal the assessed values of such properties. 4 v 15 165 The 1915 Act requires only that a parcel be sold for the delinquent amount, (plus costs and penalties) and not the entire outstanding assessment. There is no assurance that in the event of a foreclosure sale for a delinquent assessment installment a legally sufficient bid will be received for such property. (See "SPECIAL RISK FACTORS" herein.) The parcels within the Assessment District for which the assessments are not prepaid are subject to assessment liens. Prior to the close of the prepayment period, parcels with unpaid assessments both developed and undeveloped within the Assessment District had an aggregate assessed value of $46,838,556. These parcels have an aggregate assessment lien of $2,690,000 which results in an overall value -to lien ratio of approximately 17.41 to 1. SPECIAL RISK FACTORS The following is a discussion of certain risk factors which should be considered, in addition to other matters set forth herein, in evaluating the investment quality of the Bonds. This discussion does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed herein could adversely affect the ability or willingness of property owners in the Assessment District to pay their assessment installments when due. Such failures to pay assessment installments could result in a rapid depletion of the Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the occurrence of one or more of the events discussed herein could adversely affect the value of the property in the Assessment District. See 'Property Values" below. Limited Obligations - Failure to Pay Assessment Installments Under the provisions of the 1915 Act, assessment installments, from which funds for the payment of annual installments of principal of and interest on the Bonds are derived, will be billed to the owners of the parcels against which there are unpaid assessments, on the regular property tax bills sent to owners of such properties._ Such assessment installments are due and payable at the same time and bear the same penalties and interest for nonpayment as regular property tax installments. Assessment installment payments cannot be made separately from property tax payments. Payments of assessment installments made by the owners of parcels will be applied on a pro-rata basis to all Bonds and could result in a lesser amount being applied to the installment assessment due with respect to the Bonds if the amount unpaid by the property owner is less than the total assessment installment billed. In order to pay debt service on the Bonds, it is necessary that unpaid installments of assessments are paid in a timely manner. Should the installments not be paid on time, the City has established a Reserve Fund from the proceeds of the Bonds to help cover delinquencies. In all respects the Bonds shall be governed by the provisions of the 1915 Act except that the provisions of 1915 Act requiring the City to advance the amount of delinquent assessment installments shall apply only to the extent of moneys available for such purpose in the Reserve Fund and to the duty of the City to undertake judicial foreclosure as covenanted in the Resolution. If there are additional delinquencies after exhaustion of funds in the Reserve Fund, the City has no direct or contingent liability to transfer into the Redemption Fund the amount of the delinquency out of any other available moneys of the City. The assessments are secured by liens on the private properties within the Assessment District. See "THE ASSESSMENT DISTRICT —General" herein. In the event of a default in the payment of an assessment installment, the City has covenanted under certain circumstances to institute foreclosure proceedings to sell the parcel with delinquent assessment installments for the amount of suclh 3 delinquent installments in order to obtain funds to pay debt service on the Bonds. Se 16 166 "SECURITY FOR THE BONDS —Foreclosure Proceedings and Sales of Tax -Defaulted Property" herein. The 1915 Act provides that under certain circumstances property subject to judicial foreclosure as a result of delinquent assessment installments may be sold at a foreclosure sale following judgment in favor of the City for an amount equal the delinquent installments of principal or interest of the assessment, together with statutory penalties and interest on such delinquent amounts, costs, fees, charges and other amounts more fully detailed in the 1915 Act (the "Minimum Price"). The 1915 Act further provides that under certain circumstances property may be sold upon foreclosure at a lesser Minimum Price or without a Minimum Price. The court may authorize a sale at less than the Minimum Price if the court determines that sale at less than the Minimum Price will not result in an ultimate loss to the owners of the Bonds or, under certain circumstances, if the owners of 75% or more of the outstanding Bonds consent to such sale. However, there can be no assurance so as to avoid depletion of the Reserve Fund and delay in payments of debt service on the Bonds. See "Bankruptcy and Foreclosure" below. Failure by current or subsequent owners of the parcels to pay installments of assessments when due, depletion of the Reserve Fund, delay in foreclosure proceedings, or the inability of the City to sell parcels which have been subject to foreclosure proceedings for amounts sufficient to cover the delinquent installments of assessments levied against such parcels may result in the inability of the City to make full or punctual payments of debt service on the Bonds and owners of the Bonds would therefore be adversely affected. Unpaid assessments do not constitute a personal indebtedness of the current or subsequent owners of the parcels included in the Assessment District. There is no assurance that any current or subsequent owner of a parcel of land included in the Assessment District will be able to pay the assessment installments or that it will pay such installments even though financially able to do so. Bankruptcy and Foreclosure The payment of assessments and the ability of the City to foreclose the lien of a delinquent unpaid assessment, as discussed in the section entitled "SECURITY FOR THE BONDS —Foreclosure Proceedings and Sales of Tax -Defaulted Property" herein, may be limited by bankruptcy, insolvency, or to the laws generally affecting creditors' rights or by California law relating to judicial foreclosure could be delayed due to lengthy local court calendars or procedural delays. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally. Although bankruptcy proceedings would not cause the assessments to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting Superior Court foreclosure proceedings. Such delay would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds, and the delinquent assessment installments not being paid in full. Availability of Funds to Pay Delinquent Assessment Installments The City will establish a Reserve Fund out of Bond proceeds. If a delinquency occurs in the payment of any assessment installments, the Resolution requires the City Tre surer/Finance Director to transfer into the Redemption Fund the amount of the delinquency out Of the Reserve Fund. This requirement is continuing during the period of delinquency, until reinstatement, 440 1V� 17 redemption or sale of the delinquent property. In the event a Superior Court foreclosure action is instituted pursuant to the City's covenant to enforce a delinquent assessment installment (or installments), and the City purchases the property in the absence of any other purchaser, the Reserve Fund will be used, to the extent of available funds, to make advances to the Redemption Fund for payment of the delinquent amount of the assessment on the property and future assessment installments, including interest thereon, until such property is resold by the City. The City has determined that it shall not be obligated to use available funds (including any surplus funds), other than the Reserve Fund, to purchase such delinquent parcels of property or pay the delinquent installment and future installments of the assessments on such parcels. Owners of the Bonds must assume, therefore, that the sole source of funds for the purchase of such delinquent parcels and the payment of such delinquent assessments will be the Reserve Fund. There is no assurance that the balance in the Reserve Fund will always be adequate to cover all delinquent installments and if, during the period of delinquency, there are insufficient funds in the Reserve Fund to cover all delinquent installments, a delay or default may occur in payments to the owners of the Bonds. Taxes and Prior Assessments The assessments and each installment thereof and any interest and penalties thereon constitute liens against the lots and parcels of land upon which they were imposed until they are paid. Such assessment liens are paramount to all other liens, except prior assessments, special taxes and general property taxes. In addition, such assessment liens are subordinate to all fixed special assessment liens previously imposed upon the same property, but have priority over all fixed special assessment liens which may thereafter be created against the property. The City has no control over the ability of other entities and districts to issue indebtedness secured by special taxes payable from liens on all or a portion of the Assessment District. Direct and Overlapping Indebtedness . The ability of an owner of land within the Assessment District to pay the assessments could be affected by the existence of other taxes and assessments imposed upon the property. In addition, other public agencies whose boundaries overlap those of the Assessment District could, without the consent of the City, and in certain cases without the consent of the owners of the land included in the Assessment District, impose additional taxes or assessment liens on such land to finance public improvements or public services to be located or provided inside or outside of the Assessment District. Property Values The value of the private parcels in the Assessment District is a critical factor in determining the investment quality of the Bonds. If an owner of property in the payment of assessment installments, the City's only remedy is to commence foreclosure proceedings in an attempt to obtain funds to pay the delinquent assessment. See "Bankruptcy and Foreclosure" above. Prospective purchasers of the Bonds should not assume that the parcels within the Assessment District could be sold for their assessed valuation at a foreclosure sale for delinquent assessments. No assurance can be given that if an individual parcel becomes delinquent due to unpaid assessments, the City could foreclose on such parcel and sell it for the amount of the delinquency or that any bid would be received for such property or, if a bid was received, tha 4 such bid would be sufficient to pay such delinquent installments. However, as the 1915 Act 18 168 requires that such property be sold only for the amount delinquent and not for the entire outstanding assessment, it is anticipated by the City that if the fair market value of the land is approximated by the assessed value thereof there should be sufficient value to secure any delinquent installments. The actual value of the property is subject to future events such as a downturn in the economy, occurrences such as earthquakes or floods or other events, all of which will adversely impact the value of the security underlying the assessment. Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Occasionally, because of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue, secondary marketing practices in connection with a particular bond issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different form the original purchase price. Loss of Tax Exemption As discussed in this Official Statement under the caption "TAX EXEMPTION," interest on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the City in violation of its covenants in the Resolution. Should such an event of taxability occur, the Bonds are not subject to a special redemption and will remain outstanding until maturity or until redeemed under one of the other redemption provisions contained in the Resolution. No Acceleration Provision The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or other default under the terms of the Bonds or the Resolution. RELEVANT CALIFORNIA CONSTITUTIONAL PROVISIONS Article XIIIA and Article XIIIB On June 6, 1978, California voters approved an amendment to the Californ}, commonly known as Proposition 13 (the Jarvis/Gann Initiative) which added Articl California Constitution. The effect of Article XIIIA is to limit ad valorem taxes on On November 7, 1978, California voters approved Proposition 8, which clarifications to Article XIIIA. Enactment of Article XIIIA has reduced the amount of general property received by the City. This reduction in such revenues makes it less likely that the I surplus funds, other than moneys in the Reserve Fund, to pay delinquent installments if the Mayor and the City Council with the exercise of their discretion so. If there are additional delinquencies after exhaustion of funds in the Reserve i has no obligation to transfer into the Redemption Fund the amount of any such del, of any surplus moneys of the City. On July 2, 1979, the Fifth District Court of Appeal (94 Cal. App. 3d 974) decision in the case of County of Fresno v. Malmstrom that determined that speci� are not subject to the limitations of Article XIIIA (Proposition 13). The court he percent (1%) tax limitation imposed by California Constitution Article XIIIA d Constitution XIIIA to the -al property. jade certain ax revenues ty will have assessments :hoose to do nd, the City mencies out Zdered a 3-0 assessments that the one 444. ad valorem 19 taxes does not apply to special assessments levied pursuant to the Improvement Act of 1911 (Streets and Highways Code, Sections 5000 et seq. and 10000 et seq.) and the 1913 Act. The court further held that because special assessments pursuant to such acts are not within the definition of "special taxes" in Article XIIIA, the California Constitution does not require the levy of assessments and the issuance of Bonds to be approved by a two-thirds vote of the qualified electors of the City. On September 12, 1979, the California Supreme Court refused to hear an appeal of the lower court's decision. At the November 6, 1979 general election, Proposition 4 (the Gann Initiative) was approved by the voters of California. That proposition added Article XIIIB to the California Constitution. Article XIIIB limits the annual appropriations of the City to the amount of appropriations for the prior year adjusted for changes in the cost of living and population. On December 17, 1980, the Third District Court of Appeal (113 Cal. App. 3d 443) rendered a 3-0 decision in the case County of Placer v. Corin that determined that special assessments are not subject to the limitation of Article XIIIB (Proposition 4). The Court held that the definition of "proceeds of taxes", imposed by California Constitution Article XIIIB, does not apply to special assessments and improvement bonds issued pursuant to the Bond Law and the 1913 Act. The decision of the court was not appealed. The enactment of Article XIIIA of the California Constitution (Proposition 13) and subsequent legislative enactments effectively repeal the otherwise mandatory duty of the City, under the Bond Law, to levy and collect a special tax (in an amount necessary to meet delinquencies, but not to exceed ten cents (100) on each one hundred dollars ($100) of assessable property within the City in one year) if surplus funds are not available to cover such delinquencies. In early 1990, the U.S. Supreme Court struck down as a violation of equal protection certain property tax assessment practices in West Virginia, which had resulted in vastly different assessments of similar properties. Since Article XIIIA provides that property may only be reassessed up to 2% per year, except upon change of ownership or new construction, recent purchasers may pay substantially higher property taxes than longtime owners of comparable property in a community. The U.S. Supreme Court in the West Virginia case expressly declined to comment in any way on the constitutionality of Article XIIIA. Based on this decision, however, property owners in California brought three suits challenging the acquisition value assessment provisions of Article XIIIA. Two cases involve residential property, and one case involves commercial property. In all three cases, State trial and appellate courts have upheld the constitutionality of Article XIIIA's assessment rules and concluded that the West Virginia case did not apply to California's laws. On June 3. 1991, the United States Supreme Court agreed to hear the appeal in the challenge relating to commercial property, but the plaintiff subsequently decided to drop the case. On October 7, 1901, the United States Supreme Court granted the plaintiffs petition for a writ of certiorari and agreed to hear the Nordlinger v. Lynch case. On June 18, 1992, the United States Supreme Court affirmed the Nordlinger decision of the California Court of Appeal, Second Appellate District, which previously held that Article XIII does not violate the United States Constitution. The City cannot predict whether any other pending or future challenges to the State's present system of property tax assessment will be successful, when the ultimate resolution of any challenge will occur or the ultimate effect of any decision holding the State's present system of property tax assessment will have on the City's revenues or on the State's financial obligations to local governments. 440 Article XIIIC and Article MID - 11-0 KE On November 5, 1996, the voters of the State approved Proposition 218, the so called "Right to Vote on Taxes Act." Proposition 218 added Articles XIIIC and XIIID to the State Constitution, which contain a number of provisions affecting the ability of the City to levy and collect both existing and future taxes, assessments. fees and charges. Article XIIID requires that, beginning July 1, 1997, the proceedings for the levy of any assessment by the City under the Act (including, if applicable, any increase in such assessment or any supplemental assessment under the Act) must be conducted in conformity with the provisions of Section 4 of Article XIIID. Because the City completed its proceedings for the levy of assessments in the District prior to such date, the provisions of Section 4 of Article XIIID do not apply to the unpaid Assessments which secure the Bonds. In addition, under Section 10400 of the Act, any challenge (including any constitutional challenge) to the proceedings or the assessment must be brought within 30 days after the date the assessment was levied. Article XIIIC removes limitations on the initiative power in matters of local taxes, assessments, fees and charges. Article XIIIC does not define the term "assessment", and it is unclear whether this term is intended to include assessments levied under the Act. Furthermore, this provision of Article XIIIC is not, by terms, restricted in its application to assessments which were established or imposed on or after July 1, 1997. In the case of the unpaid Assessments which are pledged as security for payment of the Bonds, the Act provides a mandatory, statutory duty of the City and the County Auditor to post installments on account of the unpaid Assessments to the property tax roll of the County each year while any of the Bonds coming due in the succeeding calendar year. While the matter is not free from doubt, it is likely that a court would hold that the initiative power cannot be used to reduce or repeal the unpaid Assessments which are pledged as security for payment of the Bonds or to otherwise interfere with performance of the mandatory, statutory duty of the City and the County Auditor with respect to the unpaid Assessments which are pledged as security for payment of the Bonds. The interpretation and application of the Proposition 218 will ultimately be determined by the courts with respect to a number of the matters discussed above, and it is not possible at this time to predict with certainty the outcome of such determination. Hazardous Substances While governmental taxes, assessments and charges are a common c: value of a taxed parcel, other less common claims may be relevant. On of the terms of the potential reduction in the value that may be realized to pay the J claim with regard to a hazardous substance. In general, the owners of a p; Assessment District may be required by law to remedy conditions of the p; releases or threatened releases of hazardous substances. The federal Environmental Response, Compensation and Liability Act of 1980, sometime "CERCLA" or the "Superfund Act," is the most well known and widely applicab but California laws with regard to hazardous substances are also stringent an( many of these laws, the owner (or operator) is obligated to remedy a haza condition of property whether or not the owner (or operator) has anything to do handling the hazardous substance. The effect therefore, should any of the pa Assessment District be affected by a hazardous substance, is to reduce the rr. value of the parcel by the costs of remedying the condition, because the owne remedy the condition. Further, such liabilities may arise not simply from thf hazardous substance but from the method of handling it. All of these po significantly affect the value of a property that is realizable upon a delinquency The statutory required environmental impact studies prepared for the project did hazardous substances. against the st serious in ssments is a l within the relating to referred to as of these laws, similar. Under lous substance pith creating or .els within the rketability and is obligated to existence of a ;ibilities could rid foreclosure. 44 4i of identify any ill 21 CONTINUING DISCLOSURE The District's Continuing Disclosure Certificate requires the District to provide certain financial information and operating data relating to the Project within seven months after the end of the District's Fiscal Year (the "Annual Report") and to provide notices of the occurrence of certain enumerated events (the "Listed Events"). The Annual Reports are required to be filed with each Nationally Recognized Municipal Securities Information Repository. Notices of Listed Events are required to be filed with the Municipal Securities Rulemaking Board. The specific nature of the information to be included in the Annual Reports and the Listed Events are set forth in the form of the District's Continuing Disclosure Certificate attached hereto as Appendix C. These obligations have been undertaken by the District in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the "Rule"). It should be noted that the District is required to file its financial statements with its Annual Report. This requirement has been included in the District's Continuing Disclosure Agreement solely to satisfy the provisions of the Rule. It should also be noted that the list of significant events which the District has agreed to report includes three items which have absolutely no application whatsoever to the Bonds. These items have been included in the list with respect to the Bonds solely to satisfy the requirements of the Rule. Thus, any implication from the inclusion of these items in the list to the contrary notwithstanding, there are no credit enhancements applicable to the Bonds, there are no credit or liquidity providers with respect to the Bonds, and the Bonds have not been assigned a rating. Notwithstanding any provision of the Paying Agent Agreement or the Resolution, failure of the District to comply with the District's Continuing Disclosure Agreement shall not be considered an event of default under the Paying Agent Agreement or the Resolution; however, any owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to.comply with its obligations with respect to the District's Continuing Disclosure Certificate. The District has never failed to comply in all material respects with any previous undertaking with regard to the Rule to provide Annual Reports or notices of material events. ABSENCE OF MATERIAL LITIGATION There is no controversy or litigation now pending against the City, or to the knowledge of its officers threatened, restraining or enjoining the issuance, sale, execution or delivery of the Bonds or in any way contesting or affecting the validity of the Bonds. TAX EXEMPTION In the opinion of Rutan & Tucker LLP, Bond Counsel, based on existing statutes, regulations, rulings and court decisions, interest on the Bonds is not includable in gross income for federal income tax purposes and is exempt from State of California personal income taxes. The Internal Revenue Code of 1986, as amended, (the "Code") imposes various restrictions, conditions and requirements relating to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Bonds. The City hasl covenanted to comply with certain restrictions designed to assure that interest on the Bonds will not be included in federal gross income. Failure to comply with these covenants may result in iinterest on the Bonds being included in federal gross income, possibly from the date of issuance of the Bonds. The opinion of Bond Counsel assumes compliance with these covenants. Bond Counsel has noel 4 m- 22 .12" undertaken to determine (or to inform any person) whether any actions taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds may affect the tax status of interest on the Bonds. Bond Counsel is further of the opinion that interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes. However, Bond Counsel observes that interest on the Bonds is included in adjusted net book income and adjusted current earnings in calculating corporate alternative minimum taxable income. Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from federal gross income, the accrual or receipt of interest on the Bonds may otherwise affect an Owner's federal income tax liability. The nature and extent of these other tax consequences will depend upon the Owner's particular tax status and the Owner's other items of income or deduction. Bond Counsel expresses no opinion regarding any such other tax consequences. APPROVAL OF LEGALITY Legal matters incident to the issuance of the Bonds are subject to the approving opinion of Rutan & Tucker LLP, Costa Mesa, California, Bond Counsel. Copies of such opinion will be available at the time of delivery of the Bonds. Certain legal matters will be passed on for the Underwriter for by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. UNDERWRITING The Bonds are being purchased by the Underwriter at a purchase price equal to $ , plus accrued interest. The Underwriter will purchase all of the Bonds if any are purchased, the obligation to make such purchase, if made, being subject to certain terms and conditions of the Bond Purchase Contract, the approval of certain legal matters by counsel and certain other conditions. The Underwriter may offer and sell Bonds to certain dealers and others at a price other than the offering price. The offering price may be changed from time to time by the Underwriter. No rating has been requested or received on the Bonds. 440" 23 MISCELLANEOUS The foregoing summaries or descriptions of provisions of the Bonds, the Resolution, and all references to other materials not purporting to be quoted in full are only brief outlines of some of the provisions thereof and do not purport to summarize or describe all of the provisions thereof, and reference is made to said documents for full and complete statements of their provisions. The appendices hereto are a part of this Official Statement. This Official Statement has been issued by the City. This Official Statement is not to be construed as a contract or agreement between the City and the purchases or Owners of any of the Bonds. CITY OF LA QUINTA By /s/ Its: City Manager 447 114 24 APPENDIX A General Information and Economic Profile of the City of La Quinta 4 4 Qr) SUPPLEMENTAL INFORMATION THE CITY OF LA Q UINTA The following information concerning the City of La Quinta (the "City'), Riverside County (the "County') and the State of California (the "State') is presented as general background data. The Bonds are not an obligation of the City, the County or the State and the taxing power of the City, the County and the State is not pledged to the payment of the Bonds. General Background For centuries before Columbus discovered America, the area which is now La Quinta was the winter home of the Cahuilla Indians. The history of modern La Quinta began with the construction of the La Quinta Hotel in 1926, and La Quinta became a retreat for discriminating seclusion -seekers from Hollywood and around the world. It was incorporated as a City in 1982 encompassing an area of 18.36 square miles and a population of approximately 4,500, and today encompasses an area of approximately 31.18 square miles, with a population of approximately 24,250. La Quinta is one of California's fastest growing cities. Surrounded by the Santa Rosa Mountains, La Quinta is home to the PGA West Golf Resort. The Coachella Valley attracts a high -end market of over 2 million tourists each year, all with substantial disposable income and the time to shop. As a year-round multi -recreational resort community, it attracts golf and tennis enthusiasts from all over the world. Location Located in the eastern portion of the County known as the Coachella Valley, La Quinta is 20 miles from Palm Springs and 127 miles from Los Angeles. The City motto is "The Gem of the Desert." Climate CITY OF LA QUINTA Climate Average Temperature Period Min.' Mean' Rain Humidity Max.' Inches Daily Average January 37.8 54.1 70.4 .5 38 April 57.0 72.3 87.5 .1 32 July 76.9 92.1 107.2 .12 37 October 58.7 75.5 92.2 .23 37 Annual 57.2 73.1 89.0 3.38 36 Prevailing winds: Northwest 7 mph. Source: National Weather Service. 441) 1i7 A-1 City Government and Administration The City of La Quinta was originally incorporated on May 1, 1982 and became a charter city in November, 1996 with a Council/Manager form of government. The City Council is comprised of a Mayor and four Council Members. The Mayor is elected for a two-year term and the Council Members are elected for four-year terms. Budgetary Policies Each year, the City's Department Directors submit their respective budgets to the Chief Administrative Officer (City Manager) by the end of April. The CAO goes over each budget with the individual Director. The CAO then puts all the individual budgets together and presents a draft to the City Council, usually by the first part of June. The Council reviews the budget, conducts budget meetings with citizens, the CAO and Directors and approves the final budget prior to August 1 st of each year. Economic Growth and Trends La Quinta is a resort -oriented community featuring a major resort hotel, several country clubs and several golf courses. Developments currently being planned are lake and golf -course oriented. Outdoor recreation activities such as hiking and camping are also enjoyed in the area. The community is expanding rapidly as evidenced by the completion of three major country clubs and a fourth under construction. All four projects include a range of housing types, retail, hotels, golf and tennis facilities. Retail trade is expanding; a small shopping center has been completed with a grocery store, drug store, several small shops and two restaurants. An additional 60-acre retail shopping center with a diverse tenant mix is being developed which will have approximately 620,000 square feet total retail space when complete. The following charts shows a population estimate for the City of La Quinta, County of Riverside and the State of California during the past seven years. Population The City's population has increased each year since incorporation in 1982. The following table sets forth population estimates for the City of La Quinta: CITY OF LA QUINTA ESTIMATED POPULATION Year City of (January 1) La Quinta 1992 14,700 1993 15,600 1994 16,650 1995 17,600 1996 18,050 1997 19,200 1998 20,450 1999 21,900 �. 4 2000 24,250 J Source: State of California Department of Finance. lib A-2 The following sets forth the County of Riverside and the State of California population estimates from 1992 to January 1, 2000: RIVERSIDE COUNTY AND STATE OF CALIFORNIA ESTIMATED POPULATION Year (January 1) 1992 1993 1994 1995 1996 1997 1998 1999 2000 Riverside County 1,281,000 1,323,500 1,332,000 1,355,600 1,381,900 1,400,400 1,441,000 1,481,200 1,522,900 Source: State of California Department of Finance. Commercial Activity State of California 30,982,000 31,522,000 31,661,000 31,910,000 32,223,000 32,670,000 33,226,000 33,766,000 34,336,000 Commercial activity has proven to be an important factor in the regional economy. Between 1989 and 1996, total taxable sales declined in Coachella Valley but increased in the City. The general decline in sales in the County since 1990 is attributable to the decline in the building industry, particularly in the development of new single-family homes which, historically have accounted for significant sales in building materials and home furnishings. Much of the County's commercial activity is concentrated in central business districts or in small neighborhood commercial centers in the cities. There are eight conventional regional shopping centers: Riverside Plaza, Galleria at Tyler Mall (Riverside), Palm Springs Mall, Indio Fashion Mall, Hemet Valley Mall, Palm Desert Town Center, Canyon Springs Mall and Moreno Valley Mall. There are over 20 area centers distributed throughout the cities and over 17 in other areas of the County. In addition, all major auto makers are represented. The County is served by a number of major banks. They include Bank of America National Trust and Savings Association, Wells Fargo Bank and Union Bank. There are savings and loan associations in the County, with Home Savings of America and California Federal having the largest number of branch offices. 451 A-3 The following table demonstrates the level of taxable sales transactions in the County of Riverside: COUNTY OF RIVERSIDE Taxable Sales Transactions Apparel Stores General Merchandise Stores Specialty Stores Food Stores Eating and Drinking Places Home Furnishing and Appliances Second -Hand Merchandise Building Materials and Farm Implements Service Stations Automotive Miscellaneous TOTAL ALL OUTLETS (1) Through First Quarter. Source: State Board of Equalization. 1996 1997 1998 1999 (1) $ 474,384 $ 488,625 $ 498,753 $ 117,317 1,429,338 1,498,212 1,628,149 394,413 790,183 890,940 1,004,203 277,531 696,627 734,532 758,829 206,913 979,535 1,030,655 1,117,921 318,563 325,941 328,893 367,812 104,498 11,492 12,783 14,487 3,917 787,905 831,063 998,256 268,439 836,767 855,454 793,252 209,717 1,617,189 1,565,935 1,824,833 506,727 2,628,689 3,735,279 4,134,359 1,056,512 $11,138,861 $11,972,371 $13,140,854 $3,464,547 The following table demonstrates the growth in the number of business permits and taxable transactions in the City of La Quinta: Year 1992 1993 1994 1995 1996 1997 1998 1999 (1) CITY OF LA QUINTA TAXABLE TRANSACTIONS (in thousands) Retail Stores Number of Permits 84 107 112 147 146 154 167 176 (1) Through First Quarter. Source: State Board of Equalization. Taxable Transactions 48,008 70,859 78,171 87,366 95,852 112,997 157,724 47,193 Total Outlets Number of Taxable Permits Transactions 263 76,178 305 102,994 309 110,861 367 121,428 361 132,892 399 159,146 414 213,973 428 65,223 4 K 1�® A-4 Building Activity The following presents the residential building permit valuations for the City of La Quinta for the calendar years 1996 through March, 2000: RESIDENTIAL BUILDING PERMIT VALUATIONS CITY OF LA QUINTA (Valuation in 000) 1996 1997 1998 1999 2000(1) Single Family $81,058 $75,305 $162,088 $222,218 $59,453 Multifamily Dwelling 5,922 1,285 2,690 921 0 Alterations/Additions 0 0 0 0 0 Total Residential $86,980 $76,589 $164,778 $223,134 $59,453 (1) Through March, 2000. Source: California Building Permit Activity, Economic Sciences Corporation; City of La Quinta Building & Safety Department. City's Taxable Valuation Taxable valuation within the City is established by the Riverside County Assessor, except for utility and other unitary property, which is assessed by the State Board of Equalization. Article XIII A of the State Constitution provides that, beginning with the 1978-79 fiscal year, property taxes in California are limited to one percent of full cash value, except for taxes to pay debt service on indebtedness approved by the voters prior to July 1, 1978. Article XIII A defines full cash value as the County Assessor's valuation of real property as shown on the 1975-76 tax bill ("base year"), except in the case of newly -constructed property or property which undergoes a change in ownership. Yearly taxable value increases following the base year are limited to the growth in the consumer price index, but may not exceed two percent annually. For assessment and collection purposes, property is classified either as "secured" or "unsecured", and is listed accordingly on separate parts of the assessment roll. The "secured roll" is that part of the assessment roll containing State assessed property and property the taxes on which are a lien on real property sufficient, in the opinion of the County Assessor, to secure payment of the taxes. Other property is assessed on the "unsecured roll". See "PROPERTY TAXATION IN CALIFORNIA" herein. 45 14 1 A-5 The assessed valuation of property within the City since fiscal year 1993-94 is summarized below. CITY OF LA QUINTA ASSESSED VALUATIONS Total Before Redevelopment Local Secured Unsecured Increment 1993-94 $1,868,975,801 $ 7,965,504 $1,876,941,305 1994-95 1,923,910,024 22,389,215 1,946,299,238 1995-96 2,029,502,307 16,526,331 2,046,028,638 1996-97 2,036,656,118 23,801,872 2,060,457,990 1997-98 2,190,320,969 22,511,720 2,212,832,689 1998-99 2,330,011,857 18,844,880 2,348,856,737 1999-00 2,653,901,813 18,712,736 2,672,614,549 Secured Tax Charges and Delinquencies are not available. Source: California Municipal Statistics, Inc. General Plan/Zoning Total After Redevelopment Increment $557,138,934 565,101,273 577,320,140 588,198,073 622,914,480 594,099,348 622,517,545 The land within the City of La Quinta is approximately zoned as follows: Industrial: Institutional: Commercial: Residential: Industry 0 acres 120 acres 1,240 acres 12,320 acres La Quinta contains two major commercial areas. It is currently creating master development plans for the first, a 100-acre downtown area. Approximately 50% of this area has yet to undergo actual development. Additionally there remains approximately 680 undeveloped acres of commercial property on Highway 111 between Palm Springs and Indio. Top Taxpayers The largest local secured taxpayers in the City are as follows: Property Owner 1. KSL La Quinta Hotel Corp. 2. KSL PGA West Corporation 3. Sunrise Desert Partners 4. KSL Landmark Corporation 5. KSL Land Corporation 6. KSL La Quinta Corporation 7. TD Desert Development 8. La Quinta Golf Properties, Inc. 9. M&H Realty Partnership 10. Washington Adams Partnership Source: City of La Quinta. Land Use Hotel Residences Condominium Vacant Land Residential Land Golf Courses Residential Land Golf Course Shopping Centers Commercial 4514 122 A-6 Labor Force As of June 30, 1999, the fifty-three non -management City -government employees of the City of La Quinta are eligible for membership in the La Quinta Employee's Association. In July, 1987, the City Council adopted Resolution No. 85-86 originally acknowledging the formation of the Association. The Resolution was amended in March, 1994. The City Finance Director, John Falconer, currently serves as the employee relations officer. The following listing sets forth the top employers in the City of La Quinta and the surrounding area: CITY OF LA QUINTA Major Employers and Number of Employees (As of June, 1999) Approximate Employer No. of Employees Type of Business La Quinta Hotel and Golf Resort 1,500 Resort Hotel PGA West 1,100 Golf Resort Wal-Mart 250 Retailer Albertson's 126 Groceries Vons 103 Groceries Ralph's, 100 Groceries City of La Quinta 74 Municipal Government Simon Motors 65 Auto Dealer Cliff House 65 Restaurant Red Robin 50 Restaurant Source: City of La Quinta 455 12 3 A-7 As of June, 1999, employers located in the County that employed more than 500 employees were reported to be as follows: RIVERSIDE COUNTY Largest Employers (June,1999) Company Rohr, Inc. City of Riverside Host Marriott Corporation Eisenhower Medical Center Desert Hospital Corporation La Quinta Hotel, Golf and Tennis Resort Riverside General Hospital Kaiser Foundation Hospitals Valley Health System Riverside Sheriffs Association, Inc. Riverside Community College District Sun World, Inc. State of California Riverside Community Hospital University of California United States Department of Defense Press Enterprise Co. Parkview Community Hospital Medical Center KSL Recreation Corporation Directors Mortgage Loan Corporation Advanced Cardiovascular Systems Val Verde Union School District The Toro Company Nationwide Executive Security Services California Dept. of Corrections, Chuckawalla County of Riverside Consolidated Freightways Mt. San Jacinto College Stouffer Hotel Management Corp. Starcrest Products of California Fleetwood Holidays, Inc. United States Department of Defense TLS Partnership International Rectifier Corp. Fleetwood Enterprises, Inc. Dyncorp Westin Hotel Company Desert Community College District Source: Strategic Mapping, Inc. Location Product/Service Employees Riverside Aircraft Parts 2900 Riverside Government 2100 Palm Desert Resort Hotel 1700 Rancho Mirage Hospital 1600 Palm Springs Hospital 1591 La Quinta Resort Hotel 1500 Riverside Hospital 1500 Riverside Hospital 1500 Hemet Hospital 1400 Riverside Law Enforcement 1400 Riverside Community College 1200 Coachella Fruit (Fresh) Packing 1192 Norco Rehabilitation Center 1188 Riverside Hospital 1100 Riverside University 1000 Corona Government/Defense 1000 Riverside Newspapers 1000 Riverside Hospital 1000 La Quinta Golf /Tennis Resort 1000 Riverside Mortgage Companies 950 Temecula Surgical Instruments 900 Perris School District 800 Riverside Irrigation 800 Riverside Security Guard Service 750 Blythe Prison 750 Riverside Government 700 Mira Loma Trucking 700 San Jacinto Community College 680 Palm Springs Resort Hotel 650 Perris Mail Order 650 Riverside Motor Home Rental 630 Riverside Hospital 600 Rancho Mirage Resort Hotel 600 Temecula Semiconductors 600 Riverside Prefabricated Buildings 600 Norco Data Processing 600 Rancho Mirage Resort Hotel 550 Palm Desert Community College 550 450 144 Employment and Industry Employment data is not separately reported on an annual basis for the. City but is compiled for the Riverside/San Bernardino PMSA, which includes all of Riverside and San Bernardino Counties. In addition to varied manufacturing employment, the PMSA has large and growing commercial and service sector employment, as reflected in the table below. Overall, in the past five years, total employment rose approximately 18%, while population increased approximately 12% in the County of Riverside. As of 1999, unemployment in the PMSA was 5.1%. The City estimates that unemployment rate in La Quinta is similar to that shown in the following table for the Riverside/San Bernardino Primary Metropolitan Statistical Area ("PMSA") as a whole: 1996 Agriculture 22,900 Mining 1,200 Construction 46,400 Transportation & Public Utilities 42,000 Manufacturing 99,200 Wholesale & Retail Trade 209,900 Finance, Insurance & Real Estate 29,700 Services 211,700 Government 167,400 Total All Industries(1) 830,400 Total Civilian Labor Force(2) 1,313,200 Total Unemployment 100,700 Unemployment Rate 7.7% Riverside -San Bernardino Labor Market Area 1997 1998 1999 22,400 21,590 21,640 1,200 1,010 940 51,300 60,830 69,990 42,700 45,710 48,730 105,100 111,380 118,260 217,900 223,190 231,680 30,200 30,580 31,960 222,000 234,850 248,770 172,400 174,650 183,230 865,200 903.800 955,200 1,354,400 1,387,460 1,442,430 93,300 84,810 73,950 6.9% 6.1% 5.1% (1) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household domestic workers and workers on strike. (2) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers and workers on strike. Source: State Employment Development Department, Labor Market Information Division. 450 A-9 The following table presents estimated household income distributions for the City and Coachella Valley: HOUSEHOLD INCOME DISTRIBUTIONS CITY OF LA QUINTA AND COACHELLA VALLEY 1990 ESTIMATE 1995 ESTIMATE LA QUINTA Number % of Total Number % of Total Under $15,000 606 15.5% 962 18.8% $15,000-$24,999 469 12.0% 599 11.7% $25,000-$34,999 585 14.9% 865 16.9% $35,000-$49,999 769 19.6% 1,038 20.3% $50,000-$74,999 866 22.1 % 909 17.7% $75,000-$99,999 254 6.5% 279 5.4% $100,000-$149,999 169 4.3 % 261 5.1 % $150,000+ 200 5.1% 212 4.1% Total Households 3,918 100.0% 5,125 100.0% Median Household Income $39,622 $36,840 1990 ESTIMATE 1995 ESTIMATE COACHELLA VALLEY Number % of Total Number % of Total Under $15,000 12,096 20.9% 14,119 19.6% $15,000-$24,999 10,075 17.4% 9,937 13.8% $25,000-$34,999 9,315 16.1% 11,688 16.2% $35,000-$49,999 9,543 16.5% 12,125 16.8% $50,000-$74,999 8,917 15.4% 12,298 17.1% $75,000-$99,999 3,305 5.7% 5,107 7.1% $100,000-$149,999 2,329 4.0% 3,980 5.5% $150,000+ 2,260 3.9% 2,833 3.9% Total Households 57,840 100.0% 72,087 100.0% Median Household Income $31,833 $35,337 Source: Urban Decision Systems, Inc.: Robert Charles Lesser & Co. Ju A-10 Direct and Overlapping Debt A statement of the City's direct and overlapping debt is as follows: 1999-00 Assessed Valuation: $2,672,614,549 Redevelopment Incremental Valuation: 2,050,097,004 Adjusted Assessed Valuation: $ 622,517,545 Percent Debt OVERLAPPING TAX AND ASSESSMENT DEBT: Applicable 6/1/00 Coachella Valley Unified School District 5.085% $ 998,403 Desert Sands Unified School District Lease Tax Obligations 8.963 5,545,807 Coachella Valley County Water District, I.D. No. 55 68.760 7,821,450 Coachella Valley County Water District, I.D. No. 58 1.700 134,045 City of La Quinta 1915 Act Bonds 100.000 4,170,000 (1) TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT $18,669,705 DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT Riverside County General Fund Obligations 0.999% $ 6,452,087 Riverside County Board of Education Certificates of Participation 0.999 168,403 Desert Community College District Certificates of Participation 3.905 43,892 Desert Sands Unified School District Certificates of Participation 8.963 2,328,224 Coachella Valley County Water District, I.D. No. 71 Storm Water Unit Certificates of Participation 6.394 889,725 City of La Quinta General Fund Obligations 100.000 8,010,000 TOTAL GROSS DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT $17,892,331 Less: Riverside County Building Authorities - Blythe County Administrative Building (secured by tax allocation revenues) 67,183 TOTAL NET DIRECT AND OVERLAPPING GENERAL FUND OBLIGATION DEBT $17,825,148 GROSS COMBINED TOTAL DEBT $36,562,036 (2) NET COMBINED TOTAL DEBT $36,494,853 Ratios to 1999-00 Assessed Valuation: Total Overlapping Tax and Assessment Debt .................................... 0.70% Ratios to Adjusted Assessed Valuation: Combined Direct Debt ($8,010,000).................................................. 1.29% Gross Combined Total Debt............................................................... 5.87% Net Combined Total Debt................................................................... 5.86% STATE SCHOOL BUILDING AID REPAYABLE AS OF 6/30/99: $0 1) Excludes 1915 Act bonds to be sold. 2) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and non - bonded capital lease obligations. Source: California Municipal Statistics, Inc. 450 A-11 Utilities The main utility providers in the City are as follows: Electricity: Imperial Irrigation District Gas: Southern California Gas Company Telephone: General Telephone Water: Coachella Valley Water District Sewer Service: Coachella Valley Water District Transportation Access to job opportunities in Riverside County, San Bernardino County, Orange County and Los Angeles County has been one of the major factors in Riverside County's employment and population growth. Several major freeways and highways provide access between Riverside County and all parts of Southern California. U.S. Highways 10 and 60 extend in an east -west direction through the northern portion of the County, Intrastate Highway 91 extends in an east - west direction through the central portion of the county until connecting with U.S. Highway 15, and U.S. Highways 15 and 215 extend in a north -south direction through the central portion of the County, each linking the major cities in the County to other parts of the County and to the Los Angeles, San Bernardino and Orange metropolitan areas and to San Diego County. Local bus service is provided by Sunline Transit and by Greyhound Bus Lines. Passenger service is also provided by AMTRAK, which makes train trips daily each way through the County. Southern Pacific Railroad and Santa Fe Railway handle most of the freight movement in the County. The County seat in the City of Riverside is within a 1-1/2 hour drive of La Quinta. It is a 1-1/2 hour drive to the Ontario Airport and a 3 hour drive to LAX and Orange County. Numerous major truck lines serve the City of La Quinta, making available overnight delivery service to major California cities. Education The educational needs of La Quinta are met by three public elementary schools, two junior high schools and four high schools, all a part of the Desert Sands Unified School District and the Coachella Valley Unified School District. Post -secondary education is served by Desert Community College, Chapman University, California State University, San Bernardino Extension, Ambition Computer Technology, Propper College and Professional Career College. Community Services La Quinta has two Immediate Care facilities and a senior citizens' center within the City limits, with approved plans for expanding medical services to the City. A 112-bed general hospital is located in Indio, 8 miles to the northeast. The City is served by three churches, seven radio stations, three local TV channels, one TV cable system, one savings and loan bank and two full -service banks. Recreational facilities include major resort hotels, several country clubs, several golf courses and Lake Cahuilla Regional Park. The La Quinta Arts Festival is held annually in March. The Bob Hope Chrysler Classic and the Skins Game are nationally acclaimed golfing events which are held yearly in the city. 4 1L8 A-12 APPENDIX B Final Assessment Engineer's Report and Assessment Diagram 461 $29690,000* CITY OF LA QUINTA, CALIFORNIA Assessment District No. 2000-1 (Phase VI Improvements) Limited Obligation Improvement Bonds BOND PURCHASE AGREEMENT June , 2000 Honorable Mayor and Members of the City Council City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Miller & Schroeder Financial, Inc. (the "Underwriter"), acting not as a fiduciary or agent for the City of La Quinta (the "City"), but on behalf of itself, offers to enter into this Bond Purchase Agreement with the City which, upon acceptance by the City, will be binding upon the City and upon the Underwriter. This offer is made subject to the City's acceptance by the execution of this Bond Purchase Agreement and its delivery to the Underwriter at or before 11:59 p.m., local time, on the date set forth hereinabove, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. Capitalized terms which are not otherwise defined herein shall have the respective meanings ascribed to them in the Paying Agent Agreement dated as of June 1, 2000 by and between U.S. Bank Trust National Association (the "Paying Agent") and the City (the "Paying Agent Agreement"). Purchase, Sale and Delivery of the Bonds. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell to the Underwriter, all (but not less than all) of the City of La Quinta, Assessment District No. 2000-1 (Phase VI Improvements), Limited Obligation Improvement Bonds (the "Bonds"), in the aggregate principal amount of $2,690,000*. The Bonds are to be dated the Date of Delivery, bear interest from said date (payable on March 2 and September 2 in each year commencing on September 2, 2000) at the rates per annum, and mature on the dates and in the amounts, set forth in Exhibit A attached hereto and incorporated in full herein by this reference. The purchase price for the Bonds shall be the percentage of the principal amount thereof which is set forth in Exhibit A. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable and be subject to redemption as provided in the Paying Agent Agreement and the Improvement Bond Act of 1915 (the "1915 Act"), Division 10 of the Streets and Highways Code of California and the Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5 (commencing with Section 9500) of the Streets and Highways Code of California (collectively, the "Act"). The net proceeds of the Improvement Bonds will be used for 4662 Preliminary, subject to change. the purpose of constructing certain sewer improvements as described in the Preliminary Official Statement. (b) By official action of its City Council, the City has approved the Preliminary Official Statement relating to the Bonds dated June , 2000 (the "Preliminary Official Statement") and has deemed the Preliminary Official Statement to be final as of the date thereof for purposes of the Securities and Exchange Commission's Rule 15c2-12 ("Rule 15c2-12"), except for the information permitted to be omitted therefrom pursuant to Rule 15c2-12; and the City hereby approves the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of the City's Bond Counsel and the Underwriter, from time to time prior to the Closing Date. A condition of the offer of the Underwriter made hereby is that the City deliver to the Underwriter within seven business days of the date hereof a sufficient quantity of copies of the Official Statement to enable the Underwriter to comply with the Underwriter's obligations under Rule 15c2-12 (such quantity to be specified by the Underwriter as promptly as practicable after the City's execution of this Bond Purchase Agreement). The City hereby ratifies any prior use and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, the Paying Agent Agreement, the City's Resolution (the "Resolution"), this Bond Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by the City to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement. (c) Except as the City and the Underwriter may otherwise agree, the City will deliver to the Underwriter, at 9:00 a.m. local time, on June , 2000 or such later date as may be acceptable to the Underwriter (the "Closing Date"): (1) at the offices of The Depository Trust Company in New York, New York, or at such other location as may be designated by the Underwriter, the Bonds, in definitive form duly executed by the City in the manner provided for in the Paying Agent Agreement and the 1915 Act; and (2) at the offices of Rutan & Tucker LLP ("Bond Counsel"), or at such other location as may be designated by the Underwriter, the documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the purchase price of the Bonds in immediately available funds (such delivery and payment being herein referred to as the "Closing"). The Bonds shall be in fully registered form and shall be registered in the name of Cede & Co. and delivered to the offices of The Depository Trust Company not later than 24 hours prior to the Closing. 2. Representation, Warranties and Agreements of the City. The City represents and warrants to and agrees with the Underwriter that: (a) The City is a municipal corporation duly organized and validly existing under the California Constitution and the laws of the State of California and has, and at the Closing Date will have, full legal right, power and authority (1) to enter into this Bond Purchase Agreement, (2) to issue, sell and deliver the Bonds to the Underwriter as provided herein and (3) to carry out, give effect to and consummate the transactions contemplated by this Bond Purchase Agreement, the Paying Agent Agreement, the Official Statement and any agreements referred to therein. (b) The City has complied with, and will at the Closing Date be in compliance in all respects with, the applicable provisions of the Municipal Improvement Act of 1913 (the "1913 Act"), the 1915 Act and all other applicable laws and agreements. (c) The City has, or prior to the Closing Date, will have, duly and validly: 4 6 3 (1) formed Assessment District No. 2000-1 (the "Assessment District"), confirmed the assessments described in the Official Statement, taken all actions necessary to cause said 2 1�3 assessments to constitute liens on the respective parcels with respect to which they were confirmed, and adopted the Resolution, (2) approved and authorized the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, the Official Statement and any other applicable agreements; and (3) authorized and approved the performance by the City of its obligations contained in, and the taking of any and all action as may be necessary to carry out, give effect to and consummate the transactions contemplated by, each of said documents. At the Closing Date (assuming due authorization, execution and delivery by the other parties thereto, where necessary) the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement and any other applicable agreements will constitute the valid, legal and binding obligations of the City, enforceable in accordance with their respective terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought. (d) The City is not, and as of the Closing Date will not be, in breach of or default under any law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is party or is otherwise subject or bound, which breach or default would have a material adverse effect on the City's ability to perform its obligations under the Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement; and the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, any other applicable agreements and the other instruments contemplated by any of such documents to which the City is a party, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound in any manner that would materially adversely affect the City's ability to perform its obligations under the Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement. (e) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations hereunder and under the Act, the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, and any other applicable agreements have been or will be obtained and are or will be in full force and effect. (f) The Bonds, the Paying Agent Agreement and other applicable agreements conform as to form and tenor to the descriptions thereof contained in the Official Statement; and the Bonds, when delivered to and paid for by the Underwriter on the Closing Date as provided herein, will be validly issued and outstanding and entitled to all the benefits and security of the Act and the Paying Agent Agreement. (g) Assessments levied on the parcels of land within the County have been paid through the dates indicated in the Preliminary Official Statement. (h) The special assessments described in the Official Statement have been duly and lawfully levied under and pursuant to the 1913 Act; and each such assessment constitutes a valid and legally binding lien on the parcel of land in the Assessment District on which such assessment was levied. Except as disclosed in the Official Statement, there are no outstanding liens for general (ad valorem) taxes or special taxes or assessment liens against the4 6 11 1" 4 3 land in the Assessment District which are senior to the assessment liens referred to in this paragraph. (i) The Official Statement is and will be, as of the Closing Date, true, correct and complete in all material respects; and the Official Statement does not and will not, as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (j) During the period commencing on the date hereof and ending on the date 25 days after the end of the "underwriting period" (as defined in Rule 15c2-12), if any event shall occur as a result of which it may be necessary to supplement the Official Statement in order to make the statements therein, in light of the circumstances existing at such time, not misleading, the City shall forthwith notify the Underwriter of any such event of which the City has knowledge and, if such event requires an amendment or supplement to the Official Statement, the City will at its expense amend or supplement the Official Statement in a form and manner jointly approved by the City and the Underwriter. (k) The City has taken all actions required to be taken by it so that the assessments in the Assessment District and the funds and accounts established pursuant to or referred to in the Paying Agent Agreement and the 1915 Act (except the Rebate Fund) are and will be pledged to the payment of the principal of and redemption premium and interest on the Bonds, subject in all cases to the provisions of the Paying Agent Agreement and the Act permitting the application thereof for the purposes and on the terms and conditions set forth therein. (1) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, or public board or body is pending, or to the knowledge of the City, threatened, in any way affecting the existence of the City or the titles of its officers to their respective offices or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Paying Agent Agreement, the 1913 Act and the 1915 Act, or the collection or application of assessments pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Bonds, the Paying Agent Agreement, any other applicable agreements, this Bond Purchase Agreement, or any action of the City contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Official Statement or the powers of the City or its authority with respect to the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement or any action of the City contemplated by any of said documents, or in any way seeking to enjoin or restrain the City from approving the development of any of the property within the Assessment District, or which would adversely affect the exclusion from gross income for purposes of federal income taxation of interest paid on the Bonds; nor to the knowledge of the City, is there any basis therefor. (m) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request to qualify the Bonds for offer and sale under the "Blue Sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, provided that the City shall not be required to consent to service of process in any jurisdiction and provided further that no such action shall be at the expense of the City. The City is not responsible for the Underwriter's compliance with or the consequences of failure to comply with applicable "Blue Sky" laws. A 6 5* 4 (n) Any certificate signed by any official of the City authorized to do so shall be deemed a representation and warranty by the City to the Underwriter as to the statements made therein. (o) The City will apply the proceeds of the Bonds in accordance with the 1913 Act, the 1915 Act, the Paying Agent Agreement and all other applicable documents and as described in the Official Statement. (p) The City will take any and all actions reasonably necessary to assure the continued exclusion from gross income for purposes of federal income taxation of the interest on the Bonds and will not take any action, or permit any action to be taken with respect to which the City may exercise control, which would result in the loss of that exclusion. (q) Until such time as moneys have been set aside in an amount sufficient to pay all then outstanding Bonds redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the City will faithfully perform and abide by all of the covenants, undertakings and provisions contained in the Paying Agent Agreement. (r) The information in the Preliminary Official Statement relating to the City and the Bonds heretofore delivered to the Underwriter is deemed final by the City as of its date and as of the date hereof, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of Section 240.15c2-12 in Chapter II of Title 17 of the Code of Federal Regulations ("Rule 15c2-12"). The City hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter, the City shall deliver a final printed form of the Official Statement to the Underwriter in sufficient quantity to comply with paragraph (b)(4) of Rule 15c2-12 and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board. (s) The City on behalf of the District will undertake, pursuant to a continuing disclosure certificate dated June 1, 2000 (the "Continuing Disclosure Certificate"), by and among the City, the District and U.S. Bank Trust National Association as dissemination agent thereunder, to provide annual reports, the City Annual Report and notice of certain events. In addition, the City and the District have determined that the Developer is an obligated party and has entered into a Continuing Disclosure Certificate with such party to provide the Developer Annual Report not later than seven (7) months and one hundred eighty (180) days, respectively, after the end of the City's fiscal year. The execution and delivery of this Bond Purchase Agreement by the City shall constitute a representation to the Underwriter that the representations and warranties contained in this Section 2 are true as of the date hereof. 3. Conditions to the Obligations of the Underwriter. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City contained herein as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements of the officers and other officials of the City, as well as of the other individuals referred to herein, made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: 466 5 1� 6 (a) At the Closing Date, the Resolution, the Paying Agent Agreement and any other applicable agreements shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter; and there shall have been taken in connection with the issuance of the Bonds and with the transactions contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion of Bond Counsel shall be necessary and appropriate. (b) At the Closing date, the Official Statement shall be in form and substance satisfactory to the Underwriter. (c) At the Closing Date, except as disclosed in the Official Statement no taxes or assessments shall be delinquent on any property within the Assessment District. (d) Between the date hereof and the Closing Date, the market price or marketability of the Bonds shall not have been materially adversely affected, in the judgment of the Underwriter, after consultation with the City and its counsel, by reason of any of the following: (1) legislation introduced in or enacted by the Congress or recommended to the Congress by the President of the United States, the Department of the Treasury, the Internal Revenue Service, or any member of Congress, or favorably reported for passage to either House of Congress by any committee of such House to which such legislation has been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America or the Internal Revenue Service, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon such interest as would be received by any holders of the Bonds; (2) legislation introduced in or enacted by the Congress or an order, decree or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933,' as amended, or that the Paying Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, or of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise would be in violation of the federal securities laws as amended and then in effect; (3) a general suspension of trading in securities on the New York Stock Exchange, or a general banking moratorium declared by federal or State of California officials authorized to do so, or a war or other national calamity; (4) the withdrawal or downgrading of any rating of any securities of the City by a national rating agency; (5) any amendment to the federal or California Constitution or action by any federal or California court, legislative body, regulatory body or other authority materially adversely affecting its property, income, securities (or interest thereon), the validity, priority A 6 7 6 1 0 +� enforceability of the assessments as contemplated by the Paying Agent Agreement and the Official Statement; or (6) any event occurring, or information becoming known which, in the judgment of the Underwriter after consultation with the City, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (e) At or prior to the Closing Date, the Underwriter shall have received two counterpart originals or certified copies of the following documents, in each case satisfactory in form and substance to the Underwriter: (1) The Official Statement, executed on behalf of the City by an official of the City reasonably acceptable to the Underwriter; (2) The Resolution and the Paying Agent Agreement, each substantially in the form duly approved by the City and each of which shall not have been further amended or modified (except as may have been agreed to by the Underwriter) and shall be in full force and effect as of the Closing Date; (3) An unqualified opinion of Bond Counsel, dated the Closing Date and addressed to the City, to the effect that the Bonds are the valid, legal, binding obligations of the City and that the interest thereon is excluded from gross income for purposes of federal income taxes and is not a specific preference item for purposes of federal individual and corporate alternative minimum taxes, all as provided in the Official Statement, together with a letter from Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion may be relied upon by the Underwriter to the same extent as if such opinion were addressed to the Underwriter; (4) An opinion, dated the Closing Date and addressed to the Underwriter, of Bond Counsel to the effect that a) this Bond Purchase Agreement has been duly authorized, executed and delivered by the City, and, assuming due authorization, execution and delivery by the Underwriter, constitutes a legal, valid and binding agreement of the City, enforceable in accordance with its terms, subject to bankruptcy, insolvency, and other laws affecting the enforcement of creditors' rights in general and except as such enforceability may be limited by the application of equitable principles if equitable remedies are sought; b) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended; c) the Paying Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; d) the special assessments in the Assessment District have been duly and lawfully levied under and pursuant to the 1913 Act and such special assessments, including each installment thereof, are secured by an assessment lien upon the respective parcels assessed; e) the execution and delivery of the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement, any other applicable agreements and the other instruments contemplated by any of such documents to which the City is a party, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound in any manner that would materially adversely affect the City's ability to perform its obligations under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement, the Escrow Agreement and this Bond Purchase Agreement; and f) all approvals, consents, authorizations, elections and 460, 7 1 8 orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations hereunder and under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement, this Bond Purchase Agreement and any other applicable agreements have been or will be obtained and are or will be in full force and effect. (5) An opinion, dated the Closing Date and addressed to the Underwriter, of Rutan & Tucker LLP, to the effect that a) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, b) the Paying Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended, and c) without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, but on the basis of their participation in conferences with representatives of the City, Bond Counsel, the Underwriter and others, and their examination of certain documents, nothing has come to their attention which would lead them to believe that the Official Statement as of its date and as of the Closing Date, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that no opinion or belief need to be expressed as to any appendices and any other financial and statistical data contained in the Official Statement or any information as to the Developer or the Project); (6) Such memoranda as to "Blue Sky" matters as the Underwriter may reasonably require; (7) A certificate, dated the Closing Date and signed by the City Manager of the City or his designee, to the effect that a) the representations and warranties of the City contained herein are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date; b) to the best knowledge of said officer, no event has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purpose for which the Official Statement is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; and c) the City has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied under this Bond Purchase Agreement, the 1913 Act, the 1915 Act, and the Paying Agent Agreement at and prior to the Closing Date; (8) An opinion, dated the Closing Date and addressed to the Underwriter, of the City Attorney, to the effect that a) no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body, is pending or, to his knowledge, threatened in any way affecting the existence of the City or the titles of its officers to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Paying Agent Agreement, or the collection or application of the assessments and the interest thereon to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Paying Agent Agreement, the Resolution, this Bond Purchase Agreement, or any other applicable agreements or any action of the City contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Official Statement or the powers of the City or its authority with respect to the Bonds, the Paying Agent Agreement, the Resolution, this Bond Purchase Agreement, or any other applicable agreement, or any action on the part of the City contemplated by any of said documents, or in any way seeking to enjoin or restrain the City from approving the development of the property within the Assessment District, or which challenges the exclusion of interest paid 6 3 on the Bonds from gross income for purposes of federal income taxation, nor to his knowledge is 8 1O9 there any basis therefor; b) the City is duly organized and validly existing as a municipality and a political subdivision of the State of California, with full legal right, power and authority to issue the Bonds and to perform all of its obligations under the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement; c) the City has adopted the Resolution and it is in full force and effect; d) the City has duly authorized the execution and delivery of the Official Statement; e) the City has duly and validly approved, executed and delivered the Paying Agent Agreement and this Bond Purchase Agreement and, assuming due authorization, execution and delivery by the other parties thereto, said documents constitute legal, valid and binding agreements of the City enforceable in accordance with their terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought; and f) the City is not in breach of or in default under any law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or any applicable court or administrative decree or order or any loan agreement, note, Paying Agent Agreement, contract, agreement or other instrument to which the City is party or is otherwise subject or bound which breach or default would have a material adverse affect on the City's abilities to perform its obligations under the 1913 Act, the 1915 Act, the Bonds, the Paying Agent Agreement and this Bond Purchase Agreement. (9) A certificate of an authorized officer of the Paying Agent to the effect that a) the Paying Agent is a national banking association duly organized and in good standing under the laws of the United States, is authorized to carry out corporate trust powers as Paying Agent and has all necessary power and authority to enter into and perform its duties under the Paying Agent Agreement; b) the Paying Agent is duly authorized to enter into the Paying Agent Agreement and to authenticate and deliver the Bonds to the Underwriter pursuant to the terms of the Paying Agent Agreement, and the Paying Agent has duly executed and delivered the Paying Agent Agreement, and assuming due authorization, execution and delivery by the respective other parties, the Paying Agent Agreement constitutes the legally valid and binding obligations of the Paying Agent, enforceable in accordance with their terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors' rights generally; c) the Paying Agent has duly authenticated and delivered the Bonds to the Underwriter under the Paying Agent Agreement; d) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Paying Agent that has not been obtained is or will be required for the authentication and delivery of the Bonds or the consummation by the Paying Agent of its obligations under the Paying Agent Agreement; e) the execution and delivery by the Paying Agent of the Paying Agent Agreement and compliance with the provisions thereof has been duly authorized by all necessary corporate action on the part of the Paying Agent and, to the best knowledge of the Paying Agent, will not conflict with or constitute a breach of or default under any law, administrative regulation, court decree, resolution, charter, by-laws or any agreement to which the Paying Agent is subject or by which the Paying Agent is bound; and f) to the best knowledge of the Paying Agent, no litigation is pending or threatened (either in state or federal courts) (i) to restrain or enjoin the execution or delivery of any of the Bonds or (ii) in any way contesting or affecting any authority for the issuance or delivery of the Bonds or the validity or enforceability of the Bonds or the Paying Agent Agreement; (10) A certificate, dated the Closing Date, of a duly authorized officer of Munifinancial to the effect that the material contained in the Official Statement under the headings "THE DISTRICT" AND "APPENDIX B" to the extent that such material pertains to the assessments and the Project, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; 9 140 (11) A letter, dated the date of the Closing and addressed to the Underwriter and the Issuer, of Underwriter Counsel, to the effect that based upon its participation in the preparation of the Official Statement and without having undertaken to determine independently the accuracy or completeness of the statements in the Official Statement such Counsel has no reason to believe that, as of the date of Closing, the Official Statement (except for financial, statistical and numerical data included in the Official Statement, as to which no view need be expressed) contains any untrue statement of material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; (12) A transcript of all proceedings relating to the authorization, issuance, sale and delivery of the Bonds; and (13) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter or Bond Counsel may reasonably request. All the opinions, letters, certificates, instruments and other documents mentioned in this section or elsewhere in this Bond Purchase Agreement shall be deemed to be in compliance with the terms hereof if, and only if, they are in form and substance satisfactory to the Underwriter. If any of the conditions to the obligations of the Underwriter contained in this section or elsewhere in this Bond Purchase Agreement shall not have been satisfied when and as required herein, all obligations of the Underwriter hereunder may be terminated, at, or at any time prior to, the Closing Date by written notice to the City, except that the respective obligations of the Underwriter and the City set forth in Section 4 hereof shall continue in full force and effect. 4. Expenses. (a) Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, the Underwriter shall be under no obligation to pay, and the City shall pay or cause to be paid out of any legally available funds of the City all expenses incident to the performance of the City's obligations hereunder, including but not limited to: the cost of printing, engraving and delivering the Bonds to the Underwriter; the cost of printing, distribution and delivery of the Preliminary Official Statement and the Official Statement in such reasonable quantities as may be requested by the Underwriter; the fees and disbursements of the Paying Agent and Bond Counsel, and any accountants, engineers, appraisers, financial advisors or other experts or consultants the City has retained in connection with or the Bonds; and any other expenses not specifically enumerated in paragraph (b) of this section incurred in connection with the issuance of the Bonds. (b) Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall pay the cost or preparation of any "Blue Sky" or legal investment memoranda; expenses to qualify the Bonds for sale under any "Blue Sky" or other state securities laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds (except those specifically enumerated in paragraph (a) of this section), including the fees and disbursements of its counsel and any advertising expenses. 5. Notices. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by delivering the same in writing to the City Manager of the City at 78-495 Calle Tampico, La Quinta, California 92253; and any notice or other4 (;j communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Miller & Schroeder Financial, Inc., 505 Lomas Santa Fe Drive, Suite 100, Solana Beach, California 92075, Attention: Robin Thomas. 6. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit of the City and the Underwriter (including successors or assignees of any Underwriter) and no other person, including but not limited to any owner of land within the Assessment District, shall acquire or have any right hereunder or by virtue hereof. 7. Survival of Representations and Warranties. The representations and warranties of the City set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing or termination of this Bond Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City and regardless of delivery of and the payment for the Bonds. 8. Undertakings of the City. The City agrees (a) to inform the Underwriter, from time to time, upon the reasonable request of the Underwriter, of the amount then on deposit in the Reserve Fund, if funded, and (b) to make available to the Underwriter, at the expense of the City, sufficient copies of its audited financial statements, if any, Resolution of its legislative body with respect to the Bonds, the Bond Resolution, the Official Statement, any amendments or supplements thereto, and other documents relating to the Bonds and pertaining to the City to the extent that such documents are publicly available, as may be reasonably required from time to time for the prompt and efficient performance by the Underwriter of its obligations hereunder (except any portion of any such document which, by contract, is not subject to disclosure). 9. Effective. This Bond Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance. Accepted: CITY OF LA QUINTA, CALIFORNIA LIM Approved as to form: LM City Attorney Very truly yours, MILLER & SCHROEDER FINANCIAL, INC. ME Senior Vice President 142 11 Maturity (September 2) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2015 Total EXHIBIT A MATURITY SCHEDULE Amount Interest Reoffering Rate Price 100% 100 100 100 100 100 100 100 100 100 100 The purchase price of the Bonds shall be $ , an amount equal to approximately % of the principal amount thereof. 47 4,40 143 ATTACHMENT NO. 2 CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of La Quinta (the "Issuer" or the "City") in connection with the issuance by the City of its $ Limited Obligation Improvement Bonds, La Quinta Assessment District No. 2000-1 (Phase VI Improvements) (the "Bonds"). The Bonds are being issued pursuant to a resolution of issuance adopted by the City Council of the City of La Quinta ("Council") on June 6, 2000 (the "Resolution"). Pursuant to the resolution, U.S. Bank Trust National Association is appointed as paying agent (the "Paying Agent'). Pursuant to the Resolution, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the Holders and Beneficiary Owners of the Bonds and in order to assist the Participating Underwriters in complying with Securities and Exchange Commission Rule 15c2-122(b)(5). The Issuer has undertaken no responsibility with respect to any reports, notices or disclosures provided or required under this Certificate, and has no liability to any person, including any Holder of the Bonds, with respect to any such reports, notices or disclosures. SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Disclosure Representative" shall mean the designees of the City to act as the disclosure representative. "Dissemination Agent" shall mean an entity selected and retained by the Issuers or any successor thereto selected by the Issuer. the initial Dissemination Agent is U.S. Bank Trust National Association. "Listed Events" shall mean any of the events listed in Section 5(a) of this Di closure Certificate and any other event legally required to be reported pursuant to the Rule. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule, as they may be designated from timeto time pursuant to the Rule. "Participating Underwriters" shall mean any of the original underwriters of the Bonds 7 4 required to comply with the Rule in connection with offering of the Bonds. 144 124/015610-0036 77174.01 a05/11/00 "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 19934, as the same may be amended from time to time. "State" shall mean the State of California. SECTION 3. Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than nine months after the end of the City's fiscal year, commencing with the fiscal year ending June 30, 2000 (which would correspond to a distribution date of not later than December 31, 2001, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate. Not later than fifteen (15) Business Days prior to said date, the City shall provide the Annual Report to the Dissemination Agent. The City shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the City hereunder. The Dissemination Agent may conclusively rely upon such certification of the City. (b) If by fifteen (15) Business Days prior to the date specified in subsection 9a) for providing the Annual report to the Repositories, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the City to determine if the City is in compliance with subsection (a). (c) If the Dissemination agent is unable to verify that an Annual report has been provided to the Repository by the date required in subsection 9a), the Dissemination Agent shall. send a notice to the Municipal Securities Rulemaking Board in substantially the form attached as Exhibit A. (d) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) (if the Dissemination Agent is other than the City), to the extent appropriate information is available to if, file a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. Content of Annual Reports. The City's Annual Report shall contain or include by reference the following: it 411.1 (iii) Principal amount of Bonds outstanding. 14:- 124/015610-0036 77174.01 a05/11/00 -2- (iv) Balance in the improvement fund or construction account. (v) Balance in capitalized interest fund or account, if applicable. (vi) Balance in debt service reserve fund, and statement of the reserve fund requirement. Statement of projected reserve fund draw, if any. (vii) Balance in other funds and accounts held by City or fiscal agent and related to the Bonds. (viii) Additional debt authorized by the City and payable from or secured by assessments or special taxes with respect to property within the District. (ix) Assessment delinquency rate, total amount of delinquencies, number of parcels delinquent in payment. (x) Identity of each delinquent taxpayer responsible for 5 percent or more of the total assessment levied, and the following information: assessor parcel number, assessed value of applicable properties, amount levied, amount delinquent by parcel number and status of foreclosure proceedings. If any foreclosure has been completed, summary of results of foreclosure sales or transfers. (xi) Most recently available assessed value of all parcels subject to the assessment. (xii) List of landowners and assessor's parcel number of parcels subject to 20 percent or more of the assessment levy (as of March I of the current fiscal year, from records of the Riverside County Assessor). Include following information: development status to the extent shown in City records, land use classification, assessed value (land and improvements). Any or all of the items listed above may be included by specific reference to other documents, including official statements of other debt issues, which have been filed with each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) Pursuant to the provisions of this Section 5, the City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (i) principal and interest payment delinquencies (ii) non-payment related defaults 4.l 5 124/015610-0036 .1 i 77174.01 a05/11/00 -3- (iii) Modifications to rights of Bondholders (iv) optional, contingent or unscheduled Bond calls (v) defeasances (vi) rating changes (vii) adverse tax opinions or events affecting the tax-exempt status of the Bonds (viii) unscheduled draws on the debt service reserves, if any, reflecting financial difficulties (ix) unscheduled draws on credit enhancements reflecting financial difficulties (x) substitution of credit or liquidity providers, or their failure to perform (xi) release, substitution, or sale of property securing repayment of the Bonds (b) The Fiscal agent shall, after obtaining actual knowledge of the occurrence of any of the Listed Events, without any determination as to materiality, contact the Disclosure Representative, inform such person of the event, and request that the City promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection (f). For purposes of this Disclosure Certificate, "actual knowledge" of the occurrence of such Listed Events shall mean knowledge by an officer at the Principal Office of the Fiscal agent with regular responsibility for administration of matters related to the Resolution. (c) Whenever the City obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Fiscal agent pursuant to subsection (b) or otherwise, the City shall as soon as possible determine if such event would constitute material information for Holders of Bonds, provided, that any event under subsection (a)(6) will always be defined to be material. (d) If the City has determined that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities laws, the City shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (f). (e) If the Dissemination Agent has been instructed by the City to report the occurrence of a (f) If the Dissemination Agent has been instructed by the City to report the occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Repository. Notwithstanding the foregoing: (u 147 124/015610-0036 77174.01 a05/11/00 -4- (i) notice of the occurrence of a Listed Event described in subsections (a)(1), (4) or (5) shall be given by the Dissemination Agent unless the City gives the Dissemination Agent affirmative instructions not to disclose such occurrence; and (ii) notice of Listed Events described in subsections (a)(4) and (5) shall not be given under this subsection any earlier than the notice (if any) of the underlying event is given to the Holders of affected Bonds pursuant to the Resolution. SECTION 6. Termination of Reporting Obli ag tion. The City's, Dissemination Agent's and Fiscal agent's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the City shall give notice of such termination in the same manner as for a Listed Event under Section 5(f) hereof. SECTION 7. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign at any time by providing at least 30 days' notice in writing to the Issuer and the Fiscal agent. SECTION 8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City, the Dissemination Agent and the Fiscal agent may amend this Disclosure Certificate (and the Dissemination Agent and Fiscal agent shall agree to any amendment so requested by the Issuer, the Fiscal agent shall be made without the consent of either such party) and any provision of this Disclosure Certificate may be waived if such amendment or waiver is supported by an opinion of counsel expert in federal securities laws acceptable to the Issuer, the City and the Dissemination Agent to the effect that such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule. SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. if the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. In the event of a failure of the city to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions, as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of 4 77 124/015610-0036 1118 77174.01 a05/11/00 -5- the City or the Fiscal agent to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 11. Duties, Immunities and Liabilities of Paying Agent and Dissemination Agent. The Dissemination Agent and the Paying Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the City agrees to indemnify and save the Dissemination Agent and the Paying Agent their officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of their respective powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's or Paying Agent's respective negligence or willful misconduct. The Dissemination agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it hereunder and shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Bondholders, or any other party. The obligations of the City under this Section shall survive resignation or removal of the Dissemination Agent or the Paying Agent and payment of the Bonds. SECTION 12. Notices. Any notices or communications to or among any of the parties to this Disclosure Certificate may be given as follows: To the City: City of La Quinta 98-495 Calle Tampico La Quinta, CA 92253 Attention: Finance Director To the Paying Agent: U.S. Bank Trust National Association 550 South Hope St., Suite 500 Fifth Floor Los Angeles, CA 90071 Any person may, by written notice to the other persons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent. SECTION 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Paying Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 14. Owner Disclosure. The City shall have no obligation to cause the Owner (as defined in the Official Statement) or any owner of land within the District to furnish continuing disclosure with respect to the Bonds or the District. Any breach of any obligation of the Owner or any owner of land within the District to furnish continuing disclosure with respect to the Bonds or the District shall not constitute a breach of the obligation of the City to furnis continuing disclosure under this Disclosure Certificate. 1 0 124/015610-0036 1 4 9 77174.01 a05/11/00 -6- Date: CITY OF LA QUINTA Its: 473 124/015610-0036 150 77174.01 a05/11/00 -7- EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of La Quinta Name of Bond Issue: $ Limited Obligation Improvement Bonds La Quinta Assessment District No. 2000-1 (Phase VI Improvements) Date of Issuance: , 2000 NOTICE IS HEREBY GIVEN that the City of La Quinta (the "City") has not provided an Annual Report with respect to the above -named Bonds as required by Section 24 of Resolution dated June 6, 2000 of the City of La Quinta (the "Issuer") wherein U.S. Bank Trust National Association is appointed as the Paying Agent. The City anticipates that the Annual Report will be filed by Dated: U.S. BANK TRUST NATIONAL ASSOCIATION on behalf of the City By: Its: 4S� 124/015610-0036 77174.01 a05/11/00 -8151 - ATTACHMENT NO. 3 AGREEMENT FOR UNDERWRITING SERVICES THIS AGREEMENT, made this 6th day of June, 2000, by and between the CITY OF LA QUINTA and related agencies and authorities, La Quinta, California, duly organized under the laws of the State of California (hereinafter called the "Issuer"), party of the first part, and MILLER & SCHROEDER FINANCIAL, INC., 505 Lomas Santa Fe Drive, Solana Beach, California (hereinafter called the "Underwriter"), party of the second part: WITNESSETH: WHEREAS, the Issuer has included among its goals and objectives the financing of certain debt obligations; and WHEREAS, the Issuer requires assistance in the development of a sound, equitable and practical financing plan to implement the financing by taking into consideration sources of capital funds and cash flow requirements, annual costs, the allocation of those costs, statutory requirements and restrictions, and methods if applicable; and WHEREAS, the Issuer requires the services of a municipal investment banker experienced in underwriting debt obligations to assist in such financial planning related thereto and to purchase at negotiated sale the Issuer's obligations resulting therefrom; and WHEREAS, consistent with the terms and conditions of this Agreement, the Issuer wishes to engage the Underwriter to provide investment banker services for said activities. NOW, THEREFORE, it is mutually agreed as follows, to wit: The Issuer hereby employs the Underwriter and the Underwriter hereby accepts such employment to perform the services, upon the terms, subject to the conditions, and in consideration of payments as hereinafter set forth: Services to be Performed by the Underwriter The Underwriter shall perform in a diligent manner the following services: I. Assemble, review and analyze available financial and economic data and information which may have a general bearing on a program for financing any proposed project or projects. 2. Based on the foregoing analysis, prepare a general review and description of the proposed projects and outline the possible methods of financing such projects, the advantages and disadvantages of each method as applied to a given project, the general legal and practical requirements or restrictions applicable to each method and their attendant costs. 3. When the Issuer has approved a specific project or projects for implementation, the estimated costs and method of financing of which have been sufficiently well established to permit the preparation of a final financing plan, the Underwriter shall prepare such plan containing, in addition to other information, the following: A. A description of the financing or financings, including the purpose, benefits, security, estimated costs and other pertinent information. 4 8 15'2 B. Details relating to the proposed method of financing, including tentative bond amortization schedules, call features, sources and amounts of funds to be used in amortizing the costs and other related data. C. Recommendations as to further procedures. The foregoing will be designed to answer substantially all of the important questions which might arise in connection with the particular financing or financings and will contain current information as to estimated costs and economic and fiscal information. 4. Assist Bond Counsel with the preparation of necessary resolutions and other legal documents and make recommendations as to the exact terms and conditions under which bonds are to be issued and sold, including timing and method of sale, final amortization or repayment schedules, call and redemption features, provisions governing the issuance of additional bonds, covenants and other provisions in order to secure the best possible rating on the bonds. 5. Prepare the text and other material for an official statement or bond prospectus describing the project or projects, the bonds, their security, and the economic and financial background of the Issuer. 6. Make every effort to obtain bond insurance and/or a bond rating for each proposed issue to the end that such bonds may be sold for the lowest possible cost. The Underwriter shall provide the bond insurers, Moody's Investors Service and Standard and Poor's Ratings Group with all information required by such agencies necessary in establishing such bond insurance and/or ratings and make such trips and schedule such conferences with such agencies as may be necessary to obtain the highest possible rating on the bonds. 7. If it is appropriate or desirable for any other public entity or agency thereof to participate in accomplishing the financing for any project or projects, the Underwriter, in order to achieve maximum coordination of the proposed financing, shall also serve as the Underwriter for such public entity or agency under the terms and conditions hereof. 8. The Underwriter shall be available at reasonable times by telephone or at the offices of the Issuer to discuss on a continuing basis the results of studies and analyses and generate such additional information as desired or requested and consult with the Issuer as to the financial aspects of any specific project then being considered. Sale of Bonds: Compensation: Expenses At such time as the Issuer is satisfied that the financing program meets the goals and objectives of the Issuer and wishes the Underwriter to proceed with the financing program, the Issuer and the Underwriter shall enter into a bond purchase agreement for the sale of the Issuer's obligations to the Underwriter at a discount not to exceed one and sixty -five -hundredths percent (1.65%) of the principal amount of bonds issued, unless otherwise approved in writing (the "Bond Discount") and bearing interest at rates which are commensurate with the rates prevailing in the market for similar securities at the time the bonds are offered to the public and which will be approved by the Issuer's staff and pricing consultant. The Bond Discount will represent the total compensation to be paid to the Underwriter and the Issuer shall not be liable for any additional fees whatsoever. All costs of the financing program will be payable out of bond proceeds when the bonds are sold and delivered to the Underwriter, unless otherwise specified by the Issuer. In the event !' that market conditions or actions by regulatory agencies prohibit completion of the financing by ~' the Issuer, the Underwriter will be responsible for all fees and expenses incurred in connection 2 153 with services to be performed as the Issuer's investment banker. The Issuer will be responsible for all other fees and expenses incurred in connection with the financing. Named Personnel Underwriter commits the principal personnel listed below to provide services pursuant to this Agreement for the duration of its term. Underwriter's Principal Personnel: 1. Robin M. Thomas, Senior Vice President 2. Michael K. Cavanaugh, Vice President It has been determined that the individuals named in this Agreement are necessary for the successful performance of this Agreement. No replacement of these individuals shall be made by Underwriter without written consent of Issuer which shall not be unreasonably withheld. The consent of the Issuer shall be given in writing within ten (10) days of the receipt of written notice from the Underwriter of the intent to replace personnel. If Issuer fails to respond to Underwriter within ten (10) days of notification by Underwriter, said personnel replacement shall be deemed approved. Term The term of this Agreement shall remain in full force unless terminated by either party. This Agreement may be terminated without cause by either party by giving the other party sixty (60) days written notice of such cancellation. Independent Contractor Underwriter shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Issuer or under Issuer's supervision or control. This Agreement is by and between Underwriter and Issuer, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Issuer and Underwriter. Successor and Assignment The services as contained herein are to be rendered by Underwriter whose name is as appears first above written and said Underwriter shall not assign nor transfer any interest in this Agreement without the prior written consent of Issuer. Indemnification Underwriter agrees to indemnify, defend (upon request by Issuer) and save harmless Issuer, its elected and appointed officials, officers, agents and employees from and against any liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Underwriter's operations, or its services, acts and/or omissions hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Underwriter by any person pursuant to this Agreement. 4 8 03 154 3 Compliance With Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. Interpretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. Disputes - Attornev's Fees If either party to this Agreement is required to initiate or defend litigation in any way connected with this Agreement, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Waiver No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. Notice Notices herein shall be presented in person or by certified or registered U.S. mail, as follows: To Underwriter: Miller & Schroeder Financial, Inc. 505 Lomas Santa Fe Drive, Suite 100 Solana Beach, California 92075-0946 Phone: (858) 481-5894 Fax: (858) 481-8677 Attention: Robin M. Thomas, Senior Vice President To Issuer: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Phone: (760) 777-7150 Fax: (760) 777-7105 Attention: John Falconer Nothing in this paragraph shall be construed to prevent the giving of notice by personal 8 4 service. 155 rd IN WITNESS WHEREOF, said Issuer, party of the first part, has caused these presents to be properly executed, and said Underwriter, party of the second part, has caused these presents to be executed by one of its officers, as of the date hereinabove set forth. ATTEST: By (SEAL) CITY OF LA QUINTA, CALIFORNIA MILLER & SCHROEDER FINANCIAL, INC. By Senior Vice President 156 ATTACHMENT NO. 4 PAYING AGENT AGREEMENT This Paying Agent Agreement (the "Agreement") is made and entered into as of June 1, 2000 by and between the City of La Quinta (the "City") and U.S. Bank Trust National Association, as Paying Agent (the "Paying Agent"). The City, by its resolution adopted on November 3, 1998 (the "Resolution") provided for the issuance of the City of La Quinta, Limited Obligation Improvement Bonds, Assessment District No. 2000-1 (Phase VI Improvements) ("Bonds") and the City has determined to issue Bonds in the aggregate principal amount of $ . All capitalized terms used in this Agreement and not defined shall have the meanings given them in the Resolution. In accordance with the Resolution, the City has appointed the Paying Agent to act as Paying Agent, Transfer Agent, and Registrar with respect to the Bonds and this Agreement sets out the terms of the Paying Agent's appointment by the City and acceptance by the Paying Agent. the City and Paying Agent agree as follows: 1. The Paying Agent accepts the duties and obligations of the Paying Agent under the Resolution. Attached hereto as Exhibit A is a list setting forth the interest rates, principal amounts and maturities of the Bonds. 2. The Paying Agent will: (i) prepare and mail checks to the Bondowners in accordance with the Resolution as Paying Agent in payment of principal and interest due on the Bonds at maturity, by redemption, (ii) send notices of redemption of Bonds to the Bondowners at the times and in the manner specified by the Resolution on behalf of the City, (iii) maintain the books of registration, and (iv) effect the transfer and exchange of the Bonds, all in accordance with the terms of the Resolution. 3. The Paying Agent will cancel and destroy all Bonds paid upon maturity, redemption or otherwise and furnish the City with a certificate of destruction of the Bonds as provided in the Resolution. 4. The City Treasurer/Finance Director shall maintain the following funds and accounts established under the Resolution: (a) Assessment District 2000-1 (Phase VI Improvements) Reserve Fund ("Reserve Fund"); (b) Assessment District 2000-1 (Phase VI Improvements) Redemption Fund ("Redemption Fund"); (c) Assessment District 2000-1 (Phase VI Improvements) Improvement Fund ("Improvement Fund"). r 48 157 124/015610-0036 77112.01 a05/11/00 5. The Paying Agent shall establish a Redemption Account. The City Treasurer/Finance Director shall transfer the amount necessary to pay principal and interest on the Outstanding Bonds from the Redemption Fund to the Paying Agent at least three (3) business days prior to each March 2 and September 2 which shall be deposited in the Redemption Account and used to pay interest and principal on the Outstanding Bonds. 6. Sinking Fund Redemption. The Bonds maturing on September 2, 2015, are subject to a mandatory redemption, in part by lot, from sinking fund payments set forth in the Bond Purchase Contract on September 2, 2011, and on September 2 in each year thereafter to and including September 2, 2015, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some, but not all, of the Bonds maturing September 2, 2015 have been optionally redeemed pursuant to the above - described optional payments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the Bonds maturing September 2, 2015 optionally redeemed by reducing each such future sinking fund payment on a pro-rata basis (as nearly as practicable) in integral multiples of $5,000. 7. Notice of Redemption. When the Paying Agent shall receive notice from the City of its election to redeem Bonds at least sixty (60) days prior to the applicable redemption date, or when Bonds are otherwise to be redeemed pursuant to the Paying Agent Agreement, the Paying Agent shall give notice, in the name and at the expense of the City, of the redemption of such Bonds. Such notice of redemption shall (a) specify the CUSIP numbers and the numbers of the Bonds selected for redemption, except that where all the Bonds are subject to redemption, the numbers thereof need not be specified; (b) state the date fixed for redemption; (c) state the redemption price; (d) state the place or places where the Bonds are to be redeemed; and(e) in the case of Bonds to be redeemed only in part, state the portion of the Bond which is to be redeemed. Such notice shall further state that on the date fixed for redemption there shall become due and payable on each Bond, or together with any premium, and interest accrued to the redemption date, and that from and after such date, interest thereon shall cease to accrue and be payable. At least 30 days but no more than 45 days prior to the redemption date, the Paying Agent shall mail by registered or certified mail, a copy of such notice, postage prepaid, to the respective owners of the Bonds to be redeemed at their addresses appearing on the bond register. The actual receipt by the owner of any Bond of notice of such redemption shall not be a condition precedent thereto, and failure to receive such notice shall not affect the validity of the proceedings for the redemption date. A certificate by the Paying Agent that shall be conclusive as against all parties, and it shall not be open to any Bondowner to show that he or she failed to receive notice of such redemption. The Paying Agent shall also give notice of redemption pursuant to the Paying Agent Agreement to any registered securities depositories or national information services specified in the Paying Agent Agreement. 8. The Paying Agent shall have no duties or obligations other than those specifically set forth herein and in the Resolution, and no implied duties or obligations shall be read i*8 this Agreement or the Resolution against the Paying Agent. 158 124/015610-0036 77112.01 a05/11/00 -2- 9. The Paying Agent shall have no duty to verify or confirm the calculation of rebate amounts to be paid to the United States of America or to enforce any tax covenants of the City in the resolution, if any. 10. The Paying Agent shall have no duty or obligation to make any payment on the Bonds unless the City shall have deposited sufficient funds to pay all such amounts with the Paying Agent. 11. The Paying Agent shall not be liable under the Resolution or this Agreement except to the extent of its negligence or willful misconduct. 12. No provision of this Agreement or the Resolution shall require the Paying Agent to risk, expend or advance its own funds in the performance of its duties as Paying Agent, or in the exercise of any of its rights or powers. 13. The Paying Agent in its individual or any other capacity may become the Owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent for the Bonds. 1.4. The Paying Agent may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Paying Agent by or on behalf of the City. The Paying Agent may consult with legal counsel, who may be counsel for the City, and the opinion or advice or such legal counsel shall be full protection and authorization for any action taken or not taken by the Paying Agent in good faith reliance upon the opinion or advice of such legal counsel. Prior to taking any action or not taking any action in reliance upon such opinion or advice, the Paying Agent shall notify the City. The Paying Agent may perform any of its duties under this Agreement or the Resolution directly or through its agents or attorneys. 15. The City will compensate the Paying Agent for its services in accordance with the schedule of fees of the Paying Agent upon receipt of an invoice from the Paying Agent. The City agrees to indemnify and hold the Paying Agent harmless as provided in the Resolution including from and against any loss, liability, claim, expense of any kind whatsoever, including, without limitation fees and expenses of legal counsel to the Paying Agent related to or arising from the acceptance of and performance by the Paying Agent of its duties under this Agreement, provided the Paying Agent shall not be indemnified to the extent of its own negligence or willful misconduct. The obligations of the City under this section shall survive the termination of this Agreement or defeasance of the Bonds. 16. This Agreement may be amended only by an agreement in writing signed by the City and the Paying Agent. 17. This Agreement and the approving Resolution constitute the entire agreement between the City and the Paying Agent relative to U.S. Bank Trust National Association acting as Paying Agent for the Bonds. 400 159 124/015610-0036 77112.01 a05/11/00 -3- 18. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20. Any request, demand, authorization, direction, notice, consent, waiver or other document or writing provided or permitted hereby to be given by or furnished to the City or the Paying Agent shall be mailed or delivered or sent by facsimile transmission (with confirmation of such transmission given telephonically as soon as reasonably'practicable by the sender to the recipient) to the City or Paying Agent, respective a the addresses shown below, or such other address furnished in writing given by one party to the other with at least fifteen days' written notice, as follows: Paying Agent: U.S. Bank Trust National Association 550 South Hope Street, Suite 500 5th Floor Los Angeles, CA 90071 Attn: Bradley Scarbrough and Grace Yang City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Finance Director 21. The City shall furnish the Paying Agent with the following documents to support this appointment: (a) A certified copy of the Resolution authorizing the issuance of the Bond; (b) a specimen of the Bonds; (c) a copy of Bond Counsel's signed opinion regarding the issuance and tax-exempt status of the Bonds; (d) a final Official Statement for the Bonds. 22. The Paying Agent is not responsible for any actions or omissions of the City with respect to the Bonds. 48- 160 124/015610-0036 77112.01 a05/11/00 4- IN WITNESS WHEREOF, the City and the Paying Agent have signed this Paying Agent Agreement as of the day and year set forth above. CITY OF LA QUINTA U.S. BANK TRUST NATIONAL ASSOCIATION, as Paying Agent By: Its: By: Its: 161 124/015610-0036 77112,01 a05/11/00 -5- Tity/ 4 1'wQ" AGENDA CATEGORY: BUSINESS SESSION: /d COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: Consideration of a Resolution Conditionally Denying Without Prejudice the Transfer of Control of a Cable Television Franchise Granted to Colony Communications Inc., DBA Continental Cablevision RECOMMENDATION: That the City Council take no action at this time. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: On February 11, 2000, Time Warner Cable and AOL Time Warner filed a FCC Form 394 with the City to transfer control of the cable television franchise from Time Warner to AOL Time Warner. Under FCC rules, the City must review the request and take action by June 9, 2000 or the transfer request is deemed approved. Since that time, staff and special legal counsel, William Marticorena of Rutan & Tucker, have endeavored to obtain certain information relative to the transfer. Negotiations between the City, Mr. Marticorena and the cable companies are continuing but all issues have not been resolved. As there are outstanding issues to be resolved, the City requested a time extension beyond the June 9' deadline. Both Time Warner and AOL Time Warner granted written extensions until the end of July 2000; however, the extensions were not granted before this matter was placed on the agenda (Attachment 1). In consideration of these extensions, there is no reason to take action at this time. Staff will continue to work with Time Warner/AOL Time Warner to resolve the issues and it is anticipated that the franchise transfer agreement may be considered by the second meeting in July. FINDINGS AND ALTERNATIVES: The City requested, and Time Warner and AOL Time Warner granted, an extension to the FCC imposed June 9, 2000 deadline for the City to take action on the transfer of control request filed by the cable companies. No action is needed by the City Council at this time. Respectfully submitted, &k�—k 9 - Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Extension approval letters by Time Warner/AOL C.\MyOata\VJPD—\CITY COUNCIL\CCSTFFCABLETELEVISION 06-06-2000.wpd ,, Jun-01-00 03:01pm From-RUTAN & TUCKER CM, TKi 20342x-.4A155 Fc t 20 - 3344S40 E,nra it gaYy rnQ Ord rwcubtr noon TIME WARNER May 30, 2000 William M. Martc=ena, Estluire Atwriicy m Law R.utan & Tuckcr 611 Anton Boulevard Suite 1400 Costa Mesa, California 92626-1998 7145469035 Re. Cities of Hawtharac. Indian Wells, La Qu nM Lawnclale, PaVMY, Torrance and the Public COW Television Aurhozity, California Dear Mr. Marticorena: ATTACHMENT 1 I am writing in response to your le= daied May 19, 2000 in which you request, ou behalf of your clients, a 60-90 day exteraion of the 120-day review period as coznn'tenced by lie filing of the FCC Form 394. Please be advised that we hereby cxwnd The 120-day review period as comet= ed by the filing of The FCC Form 394 through and including July 28, 20M, We believe this extension of approximately 45 days should be more than adequate dote for these came u4.dties to complete its review and take final action on what is truly a very simple and straight forward transaction. CIIti' M/sjw C.C. Bob Harlow Tom Feige Kriary Hennessey Kathi Jacobs Larson-hanicke Rob Mocl R Djy&mm at T.urr WAl227 enrcrramrat - LP ROM Vop May-31-00 09:itam F rOm-2AM5040 TO-RUTAN t TUCKER LO, 06-01-00 14:09 RECEIVED FROM:7145469035 TOTAL- P. 02 Page 0Z 4 5 i !�" 4 P-02 05/31/00 12:26 MY 31 '00 10:30 MAY-31-2M 15:00 0760 340 9764 TIMEWARNER CABLE 20332wo r.VF T I ME (DARNER Cp81_E ANERKA ONLINE IN(RIP944713 May 31, 2m Gary Marr Time Waraer Cable, Inc. 290 Harbor Drive Stamford, CT 069D2-7441 Re: La Qnirb, CA E= sim Request Dear Mr. Maw: 1 uodmumd that Ti nc Wima has pmtted a► ummiott of ft+e 120•day review pMad, until July 28, 2000, to the city of La Quints, California. P%e be advittd *at we lave no objeetiew v etis eXWWoa. Si:nctr+ely, 5tevett N. epua Sem" Ilireetar, Td= mmug =lms Poky SNTJjtb h* Fbky Brave • 1101 ComecticutA 4*4 NW, SO 0 • N►askingWR, X 20036-M • ► k 2021i3a O • for 202/530 On "mmim 49�x F. ') 5 T4'!t 4 XP Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Consideration of an Amendment to the Agreement for Law Enforcement Services, Adding a Motorcycle Officer and a Dedicated Sergeant to Existing Service Levels RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION. CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La Quinta, adding a motorcycle officer and a dedicated sergeant to existing service levels. FISCAL IMPLICATIONS: None at this time. The addition of a motorcycle officer and a dedicated sergeant will increase the Police budget for Fiscal Year 2000/01, and all years thereafter, by approximately $254,000. Grant funds that have already been procured by the City will be utilized to purchase the motorcycle and the necessary auxiliary equipment which is estimated to cost $30,000. None BACKGROUND AND OVERVIEW: On October 7, 1997, the City approved the Agreement for Law enforcement services with the County of Riverside which is provided as Attachment 1. The Agreement was amended for the first time in August of 1998 when the total number of patrol deputy hours was increased from 72 to 82 hours daily. Included in the soon to be considered proposed budget for Fiscal Year 2000/01, is funding for a motorcycle officer and a dedicated sergeant. This addition came as a result of City Council direction and meetings between City staff and Sheriff's administrative staff, and is considered to be a proactive approach to law enforcement in the City. In order for the Sheriff's Department to continue the recruitment process for the two positions that will be created, and facilitate the goal of filling the positions 49.6 as soon as possible, staff is recommending approval of a Second Amendment to the Agreement for Law Enforcement Services between the City and the County of Riverside which is included as Attachment 2. Also included in the proposed Amendment as a "housekeeping" item, is language that addresses the fact that the Automated Criminal Identification System (ACIIS) is no longer used by the Sheriff's Department for data retrieval, and has been replaced by the Records Management System, (RMS). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La Quinta, adding a motorcycle officer and a dedicated sergeant to existing service levels; or 2. Do not approve the amendment; or 3. Provide staff with alternative direction. Respectfully Submitted, Tom Hartung, Director of Building & Safety C Aj)prov d for Sub si y: Thomas P. Genovese, City Manager Attachments: 1 . Agreement for Law Enforcement Services Between the County of Riverside and the City of La Quinta 2. Second Amendment to the Agreement for Law Enforcement Services Between the County of Riverside and the City of La Quinta 4o05 ATTACHMENT 1 AGREEMENT FOR LAW ENFORCEMENT SERVICES '3 � 3 BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF LA QUINTA, hereinafter "City," and the COUNTY OF RIVERSIDE, on behalf of the Riverside County Sheriff's Department, hereinafter "County." IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 Effective Dates, This Agreement shall be effective from July 1, 1997 through June 30, 2002. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five (5) year period at the level of service then currently in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of the law enforcement services provided to City, the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1. l and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 Services, The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. The services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State statutes and the City codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. pr' 49"' 2.2 CAL -ID and ACIIS. City agrees as a condition of receiving services hereunder to participate in the California Identification Systems (CAL -ID) and the Automated Criminal Identification System (ACIIS). The terms and conditions governing City's participation, including any and all costs to City for such participation, shall be governed by separate agreements. 3. LEVEL OF SERVICE 3.1 Level of Service Specified_ County shall provide law enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variation in the level of service shall be made by amendment, as provided for in Section 10 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to do so. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 4.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. 4.2 Labor and Equipment, For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and 2 r. 1 C. 1' 5 expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications, shall remain within the City limits, and ownership title thereto shall remain with City. 4.3 City -Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately. equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, insurance coverage (which shall be _maintained at all times), licensing, and any and all expenses associated with use of.the vehicle for the provision of services hereunder. However, County shall be responsible for the cost of property damages, bodily injury or death, . or any other element of damage of any kind or nature that result from negligent or wrongful acts of County officers, employees, and agents while operating City -owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only within City limits except for emergencies. 5. EMPLOYMENT STATUS OF PERSONNEL 5.1 Employment a ,c Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 5.2 Labor Shortaee. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. 6. COMPENSATION 6.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided 3 at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine Unit, and Aviation Unit. 6.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 6.3 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each calendar month an itemized statement of the costs for services being charged for said month. City shall remit payment to the invoicing department within 30 days after receipt of such statement. If such payment is not received by the County within thirty (30) days after rendition of billing, County may satisfy such indebtedness from any funds of the City on deposit with County without giving further notice to the City of County's intention to do so, or may use any other remedy provided by law. 7. INDENINIFICATION AND HOLD HARMLESS 7.1 Indemnification by Citv City shall indemnify and hold County, its officers, agents, employees, and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, its officers, agents, employees, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 7.2 Indemnification by Cow_ County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on City by. the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend m 50U 0 at its expense, including attorney fees, City, its officers, agents, employees, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 8. MEMORANDA OF UNDERSTANDING If requested by City or by County, a memorandum of understanding will be entered into by and between City (or its administrative designee) and County (or its administrative designee) with respect to any question relating to the provision of services under this Agreement. Such memorandum shall set forth the questions raised and such terms and conditions as have been agreed upon between City and County ' in resolution of the question. The intent and purpose of such memorandum shall be to implement, interpret, or clarify one or more provisions of this Agreement. No such memorandum shall have the effect of altering any -of the provisions of this Agreement, unless executed in the form of an Amendment as provided for under Section 10 of this Agreement. In the event of any inconsistency between the terms of such memorandum and the terms of this Agreement, the terms of this Agreement shall govern. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver therof. 11. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: Larry Smith, Sheriff Riverside County Sheriff's Department Post Office Box 512 Riverside, California 92502 city City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. 5 30 ,ri 8 An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 14th Floor Riverside, California 92501 12. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 13. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. 14. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. C s v' I 15. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: O 7 2z ATTEST: Name�a 0el4ra Title 4C. t a rk- By: OCT 2 8 1997 Dated: ATTEST: Gerald A. Maloney Clerk of the Board By:4" guty OCT 2 8 1997 CITY OF LA QUINTA r10 COUNTY OF RIVERSIDE By: F'� 42o Chairman, Board of Supervisors Facsimile Slgnaftn. affixed by Clerk per hc. 254.03 Gov. Code FORM APPROVED r, COUNTY COUNSEL 4. S P 0 81997 B SEA ATTACHMENT A CITY OF LA QUINTA 72 supported hours per day. (Equivalent of approximately 15 Deputy Sheriff positions ® 1780 annual productive hours standard.) Two (2) Deputy Sheriff positions (fully supported) --Target Team One (1) Deputy Sheriff position (unsupported) —School Resource Officer One (1) Sheriff's Service Officer ATTACHMENT 2 SECOND AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of La Quinta, effective July 1,1997 through June 30, 2002, as amended November 10, 1998, is hereby amended in the following respects only: 1. Section 2.2 is amended to read as follows: 2.2 California Identification System (CAL -ID) and Records Management System (RMS) City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section. 2.2A Definitions. For purposes of this agreement the following definitions shall apply: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c) Work Station shall mean those County devices and software which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, LAWNET, work stations, RMS functions and CLETS. 2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the rendition of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control I 5o5 of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system and PC -based equipment necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured by County to meet County specifications. Only County staff shall service the PC - based equipment used to provide services herein, whether such equipment is owned by City or County. Further, City shall not alter the configuration of any PC -based equipment used to provide services herein, nor load additional programs on these devices without the permission of Sheriffs Information Technology Officer. 2.21) Compensation. a) Payment Basis. City shall reimburse County the cost of rendering services at rates established by the County Board of Supervisors. These rates shall include all items of cost and expense to the Sheriff for providing this service, and shall be adjusted periodically to reflect changes in the cost of service provision. b) Pavment Remittance. County shall provide to City an itemized quarterly statement of the costs for services being charged for said quarter. City shall remit payment to the invoicing department within fifteen (15) days after receipt of such billing. 2. Attachment A is amended to read as follows: CITY OF LA QUINTA LEVEL OF SERVICE Average Patrol Services 82 supported hours per day. (Equivalent of 16.8 Deputy Sheriff positions @ 1780 annual productive hours per position) Dedicated Positions One (1) Sheriffs Sergeant position Two (2) Deputy Sheriff (fully supported) positions - Target Team One (1) Deputy Sheriff (fully supported) position - Motor Officer One (1) Deputy Sheriff (unsupported) position - School Resources Officer One (1) Community Service Officer H position 013 IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF LA QUINTA Dated: By: Mayor ATTEST: Name Title Lo COUNTY OF RIVERSIDE Dated: By: Chairman, Board of Supervisors ATTEST: Gerald A. Maloney Clerk of the Board By: Deputy FORM APPROVEIq r7 rni. WTV rn! IN, t 3 __ ,MAY 15 2000 BUSINESS SESSION ITEM: ra" ORDINANCE NO. 343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING TITLE 2, CHAPTER 2.75, SECTION 2.75.030 (MEMBERS) AND CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE CULTURAL ARTS COMMISSION AND THE COMMUNITY SERVICES COMMISSION THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 2.75, Cultural Arts Commission, Section 2.75.030 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 2.75.030 Members - Appointments - Terms. A. The Commission shall consist of five (5) 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. SECTION II. That Chapter 2.95, Community Services Commission, Section 2.95.030 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 2.95.030 Members - Appointments - Terms. A. The Commission shall consist of five (5) 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. SECTION III. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION IV. POSTING: The City Clerk shall within fifteen (15) days of the passage of this Ordinance, cause it to be posted in at least three (3) 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. N& Ordinance No. 343 Cultural Arts Commission Community Services Commission Adopted: June 6, 2000 Page 2 PASSED, APPROVED and ADOPTED this 61h day of June, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 50 TitT 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Discussion of Museum Expansion RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None for this action; however, by way of background, the Capital Improvement Program has $84,000 budgeted for museum expansion design in Fiscal Year 2000-01 and $716,000 budgeted for museum expansion construction in Fiscal Year 2003- 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At its May 16, 2000 City Council meeting, the Council considered a request by the La Quinta Historical Society (the "Society") to form a museum expansion committee. The Society's request, at least partially, was in response to comments made by the City Council at the December 7, 1999 City Council meeting relative to the formation of a committee to guide the planned expansion of the museum. The Council briefly discussed the Society's request but indicated that the Council as a whole needed to provide guidance relative to the expansion of the museum. In that light, this matter is before the City Council for discussion. A business item to consider formation of a museum expansion committee is also on the June 6, 2000 agenda. It may be appropriate for comments made during this Study Session to be forwarded to the museum expansion committee, if such a committee is formed. 510 The museum, as it exists today, contains 819 square feet and is a single story structure with an architectural tower. Staff completed an analysis in 1996 regarding the possible expansion of the museum. That study indicated that the site, as it exists today, could support a building in the 3,000 to 4,000 square foot range (Attachment 1). Other expansion possibilities include vacating the alley to the rear (south) of the museum or vacating the street to the side (west) of the museum building. The side street, Avenida Mendoza contains sixty (60) feet of right-of-way while the alley contains twenty (20) feet of right-of-way. Expanding the museum into Avenida Mendoza could provide an additional land area of approximately 6,000 square feet (60' x 100' - the depth of the existing museum lot). Expanding the museum into the alley could provide an additional land area of approximately 2,400 square feet (20' x 120' - the width of the museum lot). There may be additional opportunities to expand beyond Avenida Mendoza to the vacant properties to the west. Formal property negotiations have not taken place between the City and the property owner of the subject property, therefore the price/availability of the land is not definitely known at this time. In addition, closure of the alley/Avenida Mendoza may affect other adjacent property owners in the Village - both residential and commercial. Another consideration for the expansion of the museum is the fact that the property is encumbered by C.C. & Rs that require other property owners (i.e. Architectural Supervising Committee) to review expansion plans. It is not known at this time if the members of the C.C. & Rs are active, however, the City may need to pursue this matter further with the assistance of the City Attorney. Some general expansion concepts that the Council may wish to discuss include: 1. Single story or two story (The second story may have to be in compliance with ADA if it contains space open to the public or if an employee is handicapped.); 2. Museum size (The town of Yucca Valley has the only local museum owned by a municipality and it contains 5,000 square feet. The ultimate use of the museum may dictate the preferred size. For example, if the City wishes to utilize the museum building as a repository for artifacts and other items to curate, that should be taken into consideration when determining ultimate size.); 3. Direction of expansion (This may be a function of ultimate size; however, the Council may also wish to discuss expanding into the alley, or into Avenida Mendoza, and possibly beyond.); and 4. Site amenities (e.g. the Council may wish to discuss the concept of a walled garden or other outside meeting area concepts for outdoor events, barbeques, etc.). Respectfully submitted, Britt W. Wilson, Management lyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . 1996 City Memorandum regarding museum expansion CAMyD.t.\WPD...\CITY COUNCIL\CCSTFFMUSEUMEXPANSION 06-06-00.wpd ^ , iv, ATTACHMENT 1 T-itit 4 4a Qa!Arcv MEMORANDUM TO: Britt Wilson, Management Assistant FROM: Wally Nesbit, Associate Planner DATE: August 9, 1996 RE: Site Information for Historical Society Museum As you requested, I have compiled some basic information on the above item, pertaining to further development of the site as a museum use. Museums are considered as a Group 13 use (Art Display) in the Village zoning regulations. There are no specific parking requirements listed for a museum use; the requirements for public assembly are the closest to such a use. Office was considered but the ordinance limits application of that standard strictly to office uses. Another concern is that public assembly uses are not permitted in the Village Park category; whether a Group 13 use in the Village can utilize public assembly parking standards is subject to further interpretation. For now, the following site characteristics and standards apply based on parking required for public assembly: Site area: 12,000 square feet (0.275 acres; three 40' x 100' lots). Setbacks: Front - Ground floor must be set back minimum 10' for pedestrian walk area, either covered by second story or other structural overhang. Second story may extend to property line. Rear - Maintain a minimum 5' from property line and set back ground floor an additional 20', over which may extend the second story, a balcony, etc. to provide a shaded parking area. BiCLQ - Same as front setback for Mendoza (10'); interior side setback is zero. Coverage: Setbacks reduce building envelope for the ground floor to 6,800 square feet. Parking is required to be in the rear setback area in this zone, and 25% of required parking may be placed off -site under certain conditions and options. Parking: Assembly uses require one space per 25 square feet of gross floor area, defined as everything under the roof of the structure, excluding only uulduur awns (cuurlyard, atrium, el.c.). Cuil muicial lupuil illve'llluly estimates the structure to be approximately 2,000 square feet, which would require 80 parking spaces. If the office use standard were applied, 8 spaces would be required currently, assuming the square footage is accurate. Site expansion will increase parking requirements proportionally; as it is it would require roughly a 5,000 square foot parking envelope, which includes required net project area landscaping. Any open parking lot must incorporate a minimum of 15% of the net project area (1,800 square feet) as landscaping within the parking lot. Some of the parking is required to be placed in the rear setback, which on this site can accommodate 13 spaces, utilizing the entire length of the rear property. Ultimate determinations on any use assignments for parking would be up to the CD Director. There are several factors that limit what can be done with this site. The actual gross floor area of the existing building, the use as determined for parking requirements, the extent of any proposed expansion, amount of landscape/hardscape, net project area, etc. will all affect how the site can be modified. I would say conservatively that if the office parking standard can be employed, a single story building in the 3,000 square foot range could be constructed on the site. A two story structure would allow additional footage, possibly up to a total floor area of around 4,000 square feet. I hope this information is helpful, and if you have any further questions please give me a call. 0 G M SVO17 &36 - VOIN3AV —T°`a�a�o a ,. �� N • �N n1 w, a ° �Q=I �M til b i /� r b r q yl Q C � + •' � ®°IN QI �° ®, Q�I • ., N"� H I N �h N O N q� � b h � ©a± .c I I 0 76 e� % b O O O Q Ci OhIYVA6'N— Y+Yr ,\ p �'•�• VOIN3AV — -� � R � o FF/ a h b° � O \O O O e N p q : ° m $ X 77 B -rz.6=E VGIN3Ad z 0 Jm xG 7Ql� I .p I • VZ00N3N— � I �— a VGIAGAd o �i r- Ti4t 4 4QuMrw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: a - Discussion of Renewal of the City's Franchise PUBLIC HEARING: Agreements for Solid .Waste and Recycling Collection with Waste Management of the Desert RECOMMENDATION: Discuss parameters for negotiating renewal of the City's Franchise Agreements for Solid Waste and Recycling Collection with Waste Management of the Desert and provide direction as deemed appropriate by the City Council. FISCAL IMPLICATIONS: The City has historically entered into Franchise Agreements for solid waste collection and recycling services. These Agreements establish service requirements and associated collection "rates". Rate implications of a new Franchise Agreement will be determined as a result of service requests and these franchise negotiations. Generally, rate increases have not been proposed during negotiations; however, adjustments in the categorical distribution of proposed rates are considered and discussed within the report below. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City's Franchise Agreements with Waste Management of the Desert for Solid Waste Collection and Recycling expire July 30, 2001. Staff has been negotiating with Waste Management for renewal of these agreements pursuant to previous City Council direction. Following is a brief synopsis of issues being discussed as part of these negotiations. 516 Solid Waste Collection • Rates: Rates charged remain the same. Rate categories are consolidated from six to three ("Transportation" is combined with "Service"; "Disposal Reconciliation" and "8.50 Fund" are combined with "AB939"; It is proposed that .09 be transferred from 8.50 Fund to Service in recognition of historical transportation cost adjustments —Attachment 1); • Transfer Station: Language updated to reflect Waste Management's interest in establishing a future transfer station. The "Service" fee portion of the rate is not to be affected by establishment of a transfer station; • Automated Collection: Automated collection is continued throughout the City with requirements for Homeowner Association notification for voluntary program participation; • Disabled Assistance Program: Waste Management will provide back or side yard service for disabled and elderly customers at no additional charge; • Low Emission Vehicles: Requires Waste Management to convert to 100% low emission vehicles by December 31, 2003; • Maintenance of Financial Records/Audit: Requires Waste Management to keep accurate records and allows the City to conduct an audit. Eliminates requirement for annual audit; • Assignment and Subcontracting: Expands upon City's rights to review and approve assignment; • Indemnification: Removes the $1 million Waste Management liability limit; • CPI Increases: Waste Management may request increases equal to fifty percent of CPI but must pay one-half of processing costs up to $3,000; • Disposal Charge Reconciliation: This section is eliminated in that Waste Management and staff feel that adequate historical data exists to accurately account for disposal costs within the collection rates; • Maximum Rates: The contract provides that the City's rate shall not exceed 103% of the average rate in the Coachella Valley and shall not exceed the rate for more than one other City in the Valley; • On -Call Bulky Item Collection: Waste Management shall provide unlimited on -call bulky item pickup (as opposed to the semi-annual cleanups) Recycling • ABOP Program: Waste Management will submit an application for grant funding for an Antifreeze, Batteries, Oil and Paint (ABOP) Program by August 30, 2001. The center will be housed at Waste Management's yard in Palm Desert; • Used Motor Oil and Filter Recycling: Waste Management will provide curbside collection and recycle used motor oil and oil filters; • Backyard Recycling: Waste Management will provide backyard recycling services to residential customers receiving backyard solid waste service at no extra charge. Disabled and elderly customers will receive backyard recycling service at no additional charge; • Construction Recycling Program: Waste Management will implement a program to inform contractors of recycling opportunities geared to reduce waste and contractor costs; • Recyclables Collection: Waste Management will collect single family recyclables at curbside in 32-gallon containers at no charge; commingled recycling collection shall be provided to multi -family units at no charge; • Recycling Containers: Waste Management will replace the three stackable crates with a 32-gallon cart for automatic pick up or one crate for commingled recycling. Other Issues • Term: The current agreement term is for five years. The previous agreement was for five years with a five year extension provision under which the City negotiated the existing agreement (i.e., 1991 — 1996 and 1996 — 2001, the current contract). Waste Management has asked for a seven year contract and has provided a listing of other contract terms for cities they serve in the Coachella Valley (Attachment 2). Staff seeks City Council comment on issues being discussed as part of franchise negotiations for solid waste and recycling services. Waste Management has withdrawn its request for a CPI rate increase this year in consideration of progress made on these negotiations. Waste Management seeks renewal of the Agreement in June, 2000 with a seven year term commencing upon expiration of the existing agreement July 31, 2001 (i.e., a term from 2001 through July, 2008). Waste Management has pledged to implement programs contained within the new agreement immediately upon its adoption, however. Respectfully submitted, 4-k k�" C(/ Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposed Rate Schedule 2. Contract Term Listing J1I') WASTE MANAGEMENT OF THE DESERT 02518 LA QUINTA RESIDENTIAL RATES SUMMARY OF RATE CHANGE ATTACHMENT 1 TAX ROLL - CURB SERVICE DUMP CURRENT $ $ 6.76 2.16 PROPOSED $ 7.01 $ 2.34 AB939 $ 0.36 $ 0.61 8.50 FUND $ 0.34 $ - DISPOSAL RECON $ 0.18 $ - TRANSPORTATION $ 0.16 $ - TOTAL $ 9.96 $ 9.96 SERVICE CURRENT $ 10.05 PROPOSED $ 10.30 DUMP $ 2.16 $ 2.27 AB939 $ 0.36 $ 0.61 8.60 FUND $ 0.34 $ - DISPOSAL RECON $ 0.11 $ - TRANSPORTATION $ 0.16 $ - TOTAL $ 13.18 $ 13.18 SERVICE CURRENT $ 7.95 PROPOSED $ 8.20 DUMP $ 2.16 $ 2.31 AB939 $ 0.36 $ 0.61 8.50 FUND $ 0.34 $ - DISPOSAL RECON $ 0.15 $ - TRANSPORTATION $ 0.16 $ - TOTAL $ 11.12 $ 11.12 SERVICE CURRENT $ 7.95 PROPOSED $ 8.20 DUMP $ 2.16 $ 2.31 AB939 $ 0.36 $ 0.61 8.60 FUND $ 0.34 $ - DISPOSAL RECON $ 0.15 $ - TRANSPORTATION $ 0.16 $ - TOTAL $ 11.12 $ 11.12 SERVICE CURRENT $ 11.23 PROPOSED $ 11.48 DUMP $ 2.16 $ 2.25 AB939 $ 0.36 $ 0.61 8.50 FUND $ 0.34 $ - DISPOSAL RECON $ 0.09 $ - TRANSPORTATION $ 0.16 $ - TOTAL $ 14.34 $ 14.34 5:: � WASTE MANAGEMENT OF THE DESERT #2518 LA QUINTA COMMERCIAL BINS - PROPOSED RATE PARTIALS 2 YARD BIN FREQUENCY NUMBER 1 5 2 1 3 1 4 5 6 3 YARD BIN 1 2 3 4 5 6 4 YARD BIN 1 2 3 4 5 6 6 YARD BIN 1 2 3 4 5 6 179 58 19 7 11 5 33 27 14 7 5 7 1 SERVICE $48.34 DUMP $17.47 $84.20 $33.29 $118.30 $49.21 $152.21 $64.99 $186.18 $77.59 $220.41 $96.54 SERVICE DUMP $60.67 $25.01 $104.42 $48.28 $147.22 $70.90 $186.84 $93.46 $228.98 $116.54 $269.68 $138.96 SERVICE DUMP $82.96 $33.69 $129.77 $63.37 $178.35 $92.94 $227.11 $122.84 $273.22 $152.32 $318.29 $181.66 SERVICE DUMP $124.46 $50.10 $194.67 $96.18 $267.49 $141.13 $340.90 $186.09 $409.84 $231.85 $477.47 $276.35 TOTAL $3.88 $69.69 $7.76 $125.25 $11.63 $179.14 $15.51 $232.71 $19.39 $283.16 $23.27 $340.22 AB939 $5.82 TOTAL $91.50 $11.63 $164.33 $17.45 $235.57 $23.27 $303.57 $29.07 $374.59 $34.89 $443.53 AB939 $7.76 TOTAL $124.41 $15.51 $208.65 $23.27 $294.56 $31.01 $380.96 $38.76 $464.30 $46.51 $546.46 AB932 $11.63 TOTAL $186.19 $23.27 $314.12 $34.89 $443.51 $46.51 $573.50 $58.14 $699.83 $69.78 $823.60 EXTRA EMPTY 2 $ 28.68 3 55 $ 39.39 4 28 $ 53.30 6 $ 79.51 APPROXIMATE MONTHLY REVENUE FOR ALL COMMERCIAL BINS APPROX. TOTAL MONTHLY $348.45 $125.25 $179.14 $0.00 $0.00 $0.00 $16,378.50 $9,531.14 $4,475.83 $2,124.99 $4,120.49 $2,217.65 $4,105.53 $5,633.55 $4,123.84 $2,666.72 $2,321.50 $3,825.22 $186.19 $0.00 $0.00 $0.00 $0.00 $0.00 $ 2,166.45 $ 1,492.40 $66,022.84 WASTE MANAGEMENT OF THE DESERT #2518 LA QUINTA COMMERCIAL BINS CURRENT RATE PARTIALS 2 YARD BIN MONTHLY RATES APPROX. TOTAL FREQUENCY TOTAL MONTHLY PER WEEK OF BINS SERVICE DUMP AB939 AM TRANS DISP REC RATE REVN 1 5 $46.59 $15.07 $3.12 $1.04 $1.47 $2.40 $69.69 $348.45 2 1 $80.70 $30.14 $6.24 $2.08 $2.94 $3.15 $125.25 $125.25 3 1 $113.04 $45.21 $9.35 $3.12 $4.42 $4.00 $179.14 $179.14 4 $145.20 $60.27 $12.47 $4.16 $5.89 $4.72 $232.71 $0.00 5 $177.42 $72.34 $15.59 $5.20 $7.36 $5.25 $283.16 $0.00 6 $209.90 $90.41 $18.71 $6.24 $8.83 $6.13 $340.22 $0.00 UR 1 179 $58.04 $22.60 $4.68 $1.56 $2.21 $2.41 $91.50 $16,378.50 2 58 $99.16 $45.21 $9.35 $3.12 $4.42 $3.07 $164.33 $9,531.14 3 19 $139.34 $67.81 $14.03 $4.68 $6.62 $3.09 $235.57 $4,475.83 4 7 $176.33 $90.41 $18.71 $6.24 $8.83 $3.05 $303.57 $2,124.99 5 11 $215.84 $113.01 $23.38 $7.79 $11.04 $3.53 $374.59 $4,120.49 6 5 $253.91 $135.62 $28.06 $9.35 $13.25 $3.34 $443.53 $2,217.65 4 YARD BIN SERVICE DUMP AB939 TRANS DISP REC TOTAL 1 33 $79.46 $30.14 $6.24 $2.08 $2.94 $3.55 $124.41 $4,105.53 2 27 $122.76 $60.27 $12.47 $4.16 $5.89 $3.10 $208.65 $5,633.55 3 14 $167.84 $90.41 $18.71 $6.24 $8.83 $2.53 $294.56 $4,123.84 4 7 $213.09 $120.55 $24.94 $8.31 $11.78 $2.29 $380.96 $2,666.72 5 5 $255.69 $150.68 $31.18 $10.39 $14.72 $1.64 $464.30 $2,321.50 6 7 $297.25 $180.82 $37.41 $12.47 $17.67 $0.84 $546.46 $3,825.22 6 YARD BIN SERVICE DUMP AB939 8M TRANS DISP REC TOTAL 1 1 $119.20 $45.21 $9.35 $3.12 $4.42 $4.89 $186.19 $186.19 2 $184.16 $90.41 $18.71 $6.24 $8.83 $5.77 $314.12 $0.00 3 $251.72 $135.62 $28.06 $9.35 $13.25 $5.51 $443.51 $0.00 4 $319.86 $180.82 $37.41 $12.47 $17.67 $5.27 $573.50 $0.00 5 $383.55 $226.03 $46.76 $15.59 $22.08 $5.82 $699.83 $0.00 6 $445.92 $271.23 $56.12 $18.71 $26.50 $5.12 $823.60 $0.00 EXTRA EMPTY 2 $ 28.68 $ - 3 55 $ 39.39 $ 2,166.45 4 28 $ 53.30 $ 1,492.40 6 $ 79.51 $ - APPROXIMATE MONTHLY REVENUE FOR ALL COMMERCIAL BINS $66,022.84 z, 4 MAY 2 6 2000�,. CITY 0`: LA QUIN A fiiITY t,' NN". ER'S OFT. May 23, 2000 Mr. Mark Weiss Assistant City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mark: ATTACHMENT 2 41.575 Eclectic Street Palm Desert, CA 92260 (760) 340-6445 (760) 340-2732 Fax www.wmdesert.com Listed below are the cities that Waste Management of the Desert serves and the term of each agreement: Cam: Term: Cathedral City 7 yr. Coachella 7 yr. Indian Wells 5yr. Indio Tyr. Palm Desert 7 yr. Rancho Mirage 6 yr. Riverside County 7 yr. San Bernardino County 5 yr. Yucca Valley 7 yr. If you have any questions regarding the above information, please give me a call at 760/340- 5901. Thank you. Sincerely, Frank Orlett Division Manager FO:cj �a�(�Ta.•� DEPARTMENT REPORT: I - A 9 OF 9ti TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager, , l �1 DATE: June 6, 2000 RE: Department Report — Response(s) to Public Comment The following is the response to public comments made at the May 16, 2000 City Council meeting: 1. John Pavalek, 1535 South E Street, San Bernardino, President of Century Crowell Communities, addressed the City Council regarding the Mira Flores tract and requested information on the disposition of the project. He was advised by Mayor Pena that the City Manager would contact him. • A letter has been sent to Mr. Pavalek regarding the status of the project. 2. Tom Hanes, 79-180 Ladera Drive, distributed photographs of the retention basin on Ladera Drive and asked the City to solve the drainage problem. Mayor Pena informed Mr. Hanes that the Public Works Department is working on a solution and encouraged residents in the area to monitor their lawn sprinklers and timers to help alleviate the problem. • Public Works crews have done the following work: Cleaned out the feed to the sand filter (to ensure that it functions properly); turned off the sprinkler system; re -spread dirt at the bottom of the basin (for even distribution); and checked the irrigation system and replaced leaking heads. Additionally, the Public Works Department has budgeted for quarterly cleaning of the retention basin. 3. Shawn Huber, 79-375 Desert Stream Drive, asked about the developer's plan to remove trees behind his property. The City Manager advised that staff would contact him regarding which trees the arborist report recommended for removal. • The Community Development Department has mailed Mr. Huber a copy of the arborist report. 4. Peter Rodhom, 50640 Calle Paloma, expressed appreciation for the Washington Street bridge and artwork on the railing. • No additional response was necessary. 5. Joan Clark, of Eisenhower Drive, suggested additional waste containers be placed along the Bear Creek bike path for disposal of pet waste. Ms. Clark also suggested posting signs advising people they will be fined for failing to dispose of their pet's waste. • The City has been experiencing vandalism of the containers placed along the Bear Creek bike path. The Public Works Department has taken several 55 gallon drums, and has retrofitted them as trash containers to place at equal intervals along the bike path. In addition, four new containers will be placed in the holders at the rest stops on the west side (adjacent to Montezuma). Another four containers will be placed coming down the path along Bermudas. New specifications that have been approved by the City Council will allow an increase in maintenance for the removal of animal feces and debris along the bike path. In response to the suggestion regarding the posting of signs, the Building and Safety Department has placed three signs relative to the clean-up of pets (citing the code) at various locations along the bike path. 6. Marla Stebell, 51-Avenida Cortez, stated she no longer uses the bike path for walking because of pet waste and suggested hiring a trail maintenance person. • Being addressed as outlined in response to Ms. Clark's public comment (above). 7. Robert Roulk, 57-540 Interlachen, President of Master Association of PGA West, asked about the status of the sidewalk removal on Madison Street. After some discussion, the Council concurred to direct staff to contact KSL regarding the process for filing a new tract map as it relates to the sidewalk and equestrian trail along Madison Street. • Staff has since met with KSL, and KSL is preparing the necessary applications. 525 002 Li,(Ta� DEPARTMENT REPORT: 1 —� OF �ti To: Honorable Mayor and City Council From: Mark Weiss Assistant City Manager Date: June 6, 2000 Re: Potential Impact of Torres -Martinez Desert Cahuilla Indians Pending Legislation The City Council discussed pending legislation to resolve outstanding issues involving the Torres -Martinez Desert Cahuilla Indians at its regular meeting of May 2, 2000. The Council, at that time, asked staff to prepare information on the potential impact of such legislation should the City be faced with the gaming issue. The following is a report on information obtained by staff to - date on this matter: As might be expected, the reported impacts associated with gaming have been varied and somewhat controversial. Staff has attempted to locate recent reports that summarize the economic, fiscal and social impacts of Indian Gaming. The Economics Research Group published a report in June 1999, entitled "Indian Gaming in Arizona: Social and Economic Impacts on the State of Arizona" (the Executive Summary is provided as Attachment 1). This report suggests that "most other studies," such as one by Anders, et. al., "gloss over the social benefits of gaming." The Economic Research Group's study concludes that there are one- time construction benefits as well as ongoing annual benefits. Analysis Group/Economics, Inc., was retained by the Californians for Indian Self -Reliance to assess the economic and fiscal benefits of Indian Gaming in California. The Executive Summary of their 1998 report entitled "The Economic and Fiscal Benefits of Indian Gaming in California" is included as Attachment 2. This report attempts to quantify jobs, taxes, revenue and reductions in social expenses (i.e., AFDC payments, etc.) attributable to Indian Gaming in California. The National Indian Gaming Association's web site also provides statistics on the economic impact of gaming in various states (Attachment 3). A second site has a page entitled "Indian Casino Myths & Facts" (Attachment 4). Staff has ordered the Anders et. al., Study entitled "Does Indian Casino Gambling Reduce State Revenues? Evidence from Arizona" and Edington et. al.'s, "The Business of Gaming: Economic and Management Issues" for additional perspectives on this issue. Tierra Environmental Services has prepared a Draft Environmental Assessment for a proposed gaming facility in San Diego County. The Pala Casino and Entertainment Center is proposed as a 187,300 square foot facility. This Assessment makes reference to other impacts of gaming operations including environmental impacts (i.e., traffic, noise, air quality, etc.) and socioeconomic impacts (i.e., gambling addiction, environmental justice, crime, etc.). Attachment 5 includes the socioeconomic sections of this Assessment. Copies of the complete reports by The Economics Resource Group, Inc., Analysis Group/Economics, Inc., and Tierra Environmental Services are available in the City Clerk's Office for review. Staff is available to provide additional information as deemed appropriate. Attachments: 1 . Executive Summary of "Indian Gaming in Arizona: Social and Economic Impacts on the State of Arizona" 2. Executive Summary of "The Economic and Fiscal Benefits of Indian Gaming in California" 3. Nation Indian Gaming Association Statistics 4. Indian Casino Myths and Facts 5. Draft Environmental Assessment for the Pala Gaming Facility OA ATTACHMENT 1 EXECUTIVE SUMMARY Gary Anders and his colleagues at Arizona State University West recently declared, ...because of lost tax revenues, the State of Arizona may be justified in at- tempting to renegotiate gaming compacts with tribes to share casino profits. Of course, the tribes are adamantly opposed to what they see as a violation of their tribal sovereignty. But when one also considers the additional demand for police and fire protection, economic losses due to compulsive gamblers and the increase in the negative externalities arising from gambling, the case for sharing casino profits with the state looks even stronger.l We cannot agree with this conclusion, though we may agree that they raise an interesting public policy question. As we describe herein, Indian gaming is a beneficial activity, on net, for Arizona both in a strict economic sense and in providing net social benefits. Thus, it would be bad public policy to reduce tribes' incentive to operate casinos. In brief, our study concludes that: • The net social impact of Indian gaming on Arizona is positive. Specifically, available evidence shows off -reservation communities experience no net so- cial impact, while reservations experience substantial net social benefits. • The net economic impact of Indian gaming on Arizona is positive and sub- stantial. Specifically, Indian gaming does not cause the State to lose tax reve- nues, and a conservative estimate of the contribution of Indian gaming to the Arizona economy is roughly $128 million annually. Most studies of gaming —like the one by Anders, et al. —gloss over the social benefits of gaming. Typically these studies are about non -Indian contexts, and they take ' Anders, Gary C., Donald Siegel, and Munther Yacoub, "Does Indian Casino Gambling Reduce State Revenues? Evidence from Arizona," Contemporary Economic Policy, July 1998, at 354. Indian Gaming in Arizona 4 THE EcoNomicsREsouRCEGRoup, INC. �'L U CONTENTS ExecutiveSummary........................................................................................................................................ 3 Contents.......................................................................................................................................................... 5 Acknowledgements........................................................................................................................................ 7 I. Introduction........................................................................................................................................... 9 H. The Logic of Federal Indian Gaming Policy............................................................. .. 11 ........................ A. Indian Tribes as Governments................................................................................................... 11 B. The Success of the Self -Determination Era...............................................................................12 C. Self -Determination Policy and Gaming: Cabazon and the Indian Gaming Regulatory Act ....14 D. Indian Gaming as a Government Activity ................................................................................. 17 E. Where Gaming Works...............................................................................................................18 M. The Economic Impacts of Indian Gaming on Arizona....................................................................... 20 A. Gross Impacts............................................................................................................................20 1. Overview..................................................................................................................... 20 2. Applying the Model..................................................................................................... 22 3. One Time Impacts Due to Construction of Facilities .................................................. 23 4. Ongoing Impacts Due to Expenditures on Purchases and Supplies ............................ 24 5. Ongoing Effects from Casino Employment................................................................ 26 6. Taxes........................................................................................................................... 28 7. Tribal Expenditures..................................................................................................... 28 8. Conclusion...................................................................................................................30 B. Net Economic Impacts.............................................................................................................. 32 1. Cannibalization............................................................................................................32 2. Substitution..................................................................................................................35 3. Recapture.....................................................................................................................38 IV. The Social Impacts of Indian Gaming on Arizona.............................................................................. 40 A: Social Benefits........................................................................................................................... 42 1. Revenues for Social Investment.................................................................................. 44 B. Social Costs...............................................................................................................................49 1. Crime...........................................................................................................................50 2. Suicide.........................................................................................................................52 3. Bankruptcy.................................................................................................................. 52 4. Adjustment costs......................................................................................................... 53 AppendixA: About the Authors................................................................................................................... 55 Indian Gaming in Arizona THE ECONOMICS RESOURCE GROUP, INC. 5 U ._. ATTACHMENT 2 ,00 MY 24 Pal 12 29 CITY OF LA QLINTA CITY►.HCc'S OFFICE THE ECONOMIC AND FISCAL BENEFITS OF INDIAN GAMING IN CALIFORNIA Prepared for Californians for Indian Self -Reliance July 6, 1998 Final Prepared by Analysis Group/Economics, Inc. 601 South Figueroa Street, Suite 1300 Los Angeles, CA 90917 (213)896-4500 EXECUTIVE SUMMARY • Indian gaming currently contributes approximately $120 million in State and Local tax receipts annually, including $36.6 million in State Personal Income Taxes, $23.6 million in State Corporate Income Taxes, $48.6 million in State and Local Sales and Use Taxes, and $9.0 million in other taxes and payments in lieu of taxes. • Indian gaming is estimated to have reduced AFDC payments by $50.0 million, including reductions of $21.0 million to Tribe members and an additional $28.9 million to other former recipients. • Contributions to the trust funds that would be established under the proposed initiative are projected to total $30.9 million annually at current levels of Indian gaming activity. • Seventy-four percent of Indian gaming customers surveyed indicated that if Indian gaming were not available in California they would go instead to a casino in Nevada, thereby reducing income, jobs, and tax receipts in California. • Total casino revenue generated directly by Indian gaming in California, including in - casino concessions, approached an estimated $1.4 billion in 1997. • Additional direct revenue is created by gaming patrons' expenditures at local non casino businesses which totaled an estimated $273 million in 1997. • The total positive impact of Indian gaming on the output of final goods and services in California, both directly and indirectly through subsequent rounds of spending, is estimated to equal approximately $4.4 billion. • Indian casinos employ an estimated 14,571 California residents, 90 percent of whom are not Indians. • In addition to those directly employed at casinos, Indian gaming supports an estimated 33,800 additional jobs in California through subsequent rounds of spending by employees, vendors, construction firms, tribal governments and other affected 'businesses. • The jobs created by Indian gaming are predominantly located in counties with historically high rates of unemployment and low per capita income. • Casino employees, 92 percent of whom hold full-time positions, earn wages comparable to the wages of workers in other similar service industries. • Provisions of the Initiative requiring Indian casinos to reimburse the State for costs of gaming regulation are expected to result in no net increase in costs to the State for these purposes. Economic Impact Statistics ATTACHMENT 3 Home Page / Information / Statistics Statistics on Economic Impact of Indian Gaming OPPORTUNITY TRIBES LEAD IN THE STRINGENT REGULATION OF INDIAN GAMING After years of failed government programs, Indian reservations are among the poorest communities in the United States; Shannon County Oglala Sioux Reservation in South Dakota is ranked lowest in the U.S. Indian unemployment is six times the national average, and Indian health, education and income statistics are among the worst in the country (according to the 1990 U.S. Census Report). Indian gaming has become the industry that tribal governments can use to overturn 150 years of failed federal programs. As of March, 1999, the National Indian Gaming Commission reported there were 310 Indian gaming operations with 198 tribal/state compacts in 28 states. With estimated revenues of $7.4 billion a year, Tribal gaming only makes up 10% of the entire Gaming Industry. Less than one-third of the federally recognized tribes in the U.S. have gaming operations. The Indian Gaming Regulatory Act (IGRA) mandates that tribal governments, not individuals, can have gaming operations. Thus, the entire proceeds of the industry go back to fund tribal government programs, just as states revenue funds state programs. States use lottery proceeds much the same way tribes use gaming proceeds. Indian gaming is providing a means to self-sufficiency for Tribal Nations, and is also creating jobs and economic activity in local non -Indian communities and states where tribal gaming operations are located. Consider the following examples from several states: MINNESOTA Historically, Indian reservations have been, and to a great extent, still remain, the poorest areas in the United States. Extremely high incidences of unemployment, combined with inadequate housing, health care, education and other infrastructure have resulted in standards of living and qualities of life at levels comparable to or even below many developing countries. According to 1990 Census data, Minnesota's Indian people are worse off than minorities living almost anywhere in the nation. Over the past several years, casino gaming has begun generating desperately needed revenue for tribal governments, resulting in gradual improvement in the quality of life on most Indian reservations. However, the ravages caused by centuries of deprivation, poverty and neglect cannot be corrected overnight. while progress has been made on some reservations Minnesota's Indian communities still have a long way to go before they enjoy the same quality of life as non -Indian Minnesotans. Economic Benefits of Indian Gaming in the State of Minnesota, January 1997, prepared by The Hospitality Group of Marquette Advisors. The following presents a summary of the finding and conclusions from the 1997 study: Employment and Wages ■ 1], 465 jobs 538vi:)� http://indiangaming.org/statistics.html 05/19/2000 Economic Impact Statistics Page 2 of 4 - 27% Native Americans, 73% non -Native ■ 95% full time, 5% part time ■ $184,380,000 payroll Tax Revenues ■ $25,365,000 paid in Social Security and Medicare ■ $19,406,000 paid in Federal withholding ■ $7,651,000 paid in State withholding ■ $1,869,000 paid in State and Federal unemployment compensation ■ $5,700,000 payments in lieu of taxes Government Assistance Prior to employment at Minnesota Indian gaming facilities: ■ 1 1.5% of casino employees received unemployment assistance ■ 5.7% of casino employees received some form of public assistance or welfare ■ 15.0% of casino employees were out of work for 6 months or more Other compacts ■ $105,467,000 purchased from Minnesota vendors for goods and services ■ $21,754,000 spent to attract visitors from out-of-state ■ $19,621,000 total visitors to casinos, including 3,325,000 from out-of-state ■ Indian casinos are the second most popular attraction in Minnesota ■ $1 16,206,000 spent at Indian facilities by out-of-state visitors CALIFORNIA There are currently over 100 Indian reservations/rancherias in California, 41 of which had active gaming facilities in 1997. Indian gaming currently makes a large and growing contribution to economic activity in California. This contribution results both from the expenditures of gaming patrons within Indian casino and from their accompanying incremental expenditures outside casinos for goods and services including transportation, lodging and meals. These direct expenditures by gaming patrons in turn lead to subsequent rounds of activity in the economy as Indian casinos and other directly affected business hire employees, purchase goods and services from local vendors, and undertake construction and maintenance projects. These indirect, or "multiplier" effects, increase the total impact of Indian gaming in the State. The Economic and Fiscal Benefits of Indian Gaming in California, July 1998, prepared by Analysis Group/Economic, Inc. The following is a summary of the 1998 study: ■ Indian gaming currently contributes approximately $120 million in State and Local tax receipts annually, including $36.6 in State Personal Income Taxes, $23.6 million in State Corporate Income Taxes, $48.6 million in State and Local Sales and Use Taxes, and $9.0 million in other taxes and payments in lieu of taxes. ■ Indian gaming is estimated to have reduced AFDC payments by $50.0 million, including reductions of $21.0 million to Tribe members and an additional $28.9 million to other former recipients. 74% of Indian gaming customers surveyed indicated that if Indian gaming were not available in California they would go instead to a casino in Nevada, thereby r '.) .e http://indiangaming.org/statistics.html J 05/19/2000 Economic Impact Statistics Page 3 of 4 reducing income, jobs, and tax receipts in California. ■ Total casino revenue generated directly by Indian gaming in California, in casino concessions, approached and estimated $1.4 billion in 1997. ■ Gaming patrons' expenditures at local non -casino businesses, which totaled and estimated $273 million in 1997, creates additional direct revenue. ■ Indian casinos employ and estimated 14, 571 California residents, 90 percent of whom are not Indians. ■ In addition to those directly employed at casinos, Indian gaming supports an estimated 33,800 additional jobs in California through subsequent rounds of spending by employees, vendors, construction firms, tribal governments and other affected businesses. ■ The jobs created by Indian gaming are predominantly located in countries with historically high rates of unemployment and low per capita income. WASHINGTON STATE Historically, the nation has viewed Indian reservations as a burden on the national treasury and on the economies of the states where they are located. This view overlooks the enormous "capital contributions" these tribes made to state economies through the land cessions of the last century. Such a perception also reflects the outdated belief that reservations are "pockets of poverty" and a blight on the economic landscape. While that picture might have been accurate through much of the Twentieth Century, nothing could be further from the truth today, as this report demonstrates. In fact, tribes' collective annual contributions of nearly $1 billion to the Washington economy suggest a radical new image for the economic vitality of Indian tribes. Although Indian tribes are considered sovereign nations, they are intricately connected to the Washington State economy. As of 1998, twelve of the 27 federally recognized tribes in Washington operate gaming facilities. In a relatively few years, gaming has changed the economic landscape for some of these Indian tribes. Across Indian country in Washington, gaming has become the leading employer. A number of tribaowned casinos have, in fact, become the largest employers within their respective communities. Economic Contributions of Indian Tribes to the Economy of Washington State, 1998, prepared" by Veronica E. Tiller, Ph.D., Tiller Research, inc. and Robert A. Chase, Chase Economics. Here are some of the 1998 findings: ■ Washington has 27 federally recognized Indian tribes with a combined population of about 91,000. ■ Washington tribes contribute $ 1 billion annually to the state's overall economy. ■ Tribal enterprises in 1997 spent $865.8 million for supplies, equipment and services. ■ In 1997, the tribal governments paid an estimated $51.3 million in federal employment/ payrolrelated taxes. ■ The tribes paid an estimated $5.3 million in state employment/payrolrelated taxes in 1997. ■ Tribal enterprises currently employ 14,375 Washington citizens full time, including non -tribal employees. U' �0 1 http://indiangaming.org/statistics.html ' 05/19/2000 Economic Impact Statistics Page 4 of 4 ■ Gaming enterprises have resulted in a number of tribes becoming the leading employers in their respective areas. ■ Indian gaming has been a boon for Indian country in creating family -wage jobs, increasing non -natural resources economic activity, and generating revenues both on and off the reservation. ■ Indian gaming revenues are being spent locally to build house, schools, roads and sewers and water systems; to underwrite the costs of health care and education for their people; and to further develop a strong, diverse economic base. ■ Tribal -owned gaming enterprises have successfully reduced the tribe's reliance on non -tribal governments for social assistance. © 1999 National Indian Gaming Association, all rights reserved. http://indiangaming.org/statistics.html 05/ 19/2000 IC Myths and Facts ATTACHMENT 4 Indian Casino Myths _& Facts TRIBAL GAMING: MYTHS AND FACTS FACT: GAMING IS A RIGHT OF INDIAN NATIONS. Gaming is one of the oldest forms of recreation; not only did Europeans bring new games to the New World, but Indians have traditional games still played today. In fact, Indian gaming existed long before Europeans settled in America. Large-scale Indian gaming, mainly in the form of bingo, predated IGRA by about 10 years. The U.S. Supreme Court in 1987 recognized Indian people's right to run gaming when it ruled that states had no authority to regulate gaming on Indian land if such gaming is permitted outside the reservation for any other purpose (California v. Cabazon). Congress established the legal basis for this right when it passed IGRA in 1988. FACT: GAMING ON INDIAN RESERVATIONS IS OPERATED BY TRIBES TO FUND GOVERNMENTAL PROGRAMS. IGRA requires that all revenues from tribal gaming operations be used solely for governmental or charitable purposes. Much like State Government and the use of funds from 40 state lotteries, Tribal Governments determine how gaming proceeds are to be spent. In direct contrast to the opulent expenditures on yachts and jets by commercial casino operators such as Donald Trump, Indian tribes are using gaming revenues to build houses, schools, roads and sewer and water systems; to fund the health care and education of their people; and to develop a strong, diverse economic base for the future. FACT: INDIAN GAMING IS MORE HEAVILY REGULATED AND MORE SECURE THAN COMMERCIAL GAMING. The tribes, as governments, are the first to be vigilant in protecting the integrity of projects they rely upon to feed, clothe, educate and employ their people. Even before IGRA created a federal framework for regulating certain forms of tribal gaming, tribes regulated reservation gaming activities by exercising their inherent police powers and, when necessary, taking violators to court. Many Tribes have had existing Law Enforcement & Court Systems for years. In compacts http://www.indiancasinos.com/html/ic_myths_facts.htm J3 .:05/19/2000 IC Myths and Facts Page 2 of 4 negotiated between State Governments and Tribal Governments, such issues as law enforcement and security measures are considered. States like Arizona, for example, have reached agreements with Tribes to coordinate background checks and other security measures. While many of the opponents of Indian gaming challenge its security, they have no evidence to support their claims. In fact, at an October, 1993 House hearing, Jim Moody, FBI section chief for organized crime, testified there is "no information to support claims" that organized crime has infiltrated Indian Gaming, "We've heard more rumor and innuendoes than we've been able to prove," Moody told lawmakers. The third level of Regulation is the Federal Government: the Department of Justice, FBI and Bureau of Indian Affairs provide oversight on crimes committed on Reservations. Finally, the Law (IGRA) established the National Indian Gaming Commission which became operable in February, 1993 to regulate Indian Gaming. FACT: INDIAN PEOPLE PAY ALL TAXES REQUIRED BY STATE AND FEDERAL LAW. All Indian people pay federal income, FICA and social security taxes. Most Indians also pay state income and property taxes. Only the small percentage of Indians who live and work on federally recognized reservations - not unlike soldiers and their families living on military installations - are exempt from paying state income and property taxes. However, they still pay taxes such as sales and Federal Income tax. Indian tribes are governments with responsibilities to their citizens, but tribes almost uniformly lack a tax base to support their governmental needs. Some tribes have found in gaming a means to not only provide jobs and economic activity on their reservations, but also a source of badly needed government revenue. As sovereign governments, tribes do not have to pay taxes on their revenues to any other governments. Do states pay taxes on their resources derived from gaming or from any other source? NO! FACT: INDIAN GAMING IS PROVIDING SUBSTANTIAL ECONOMIC BENEFITS IN STATES WHERE IGRA HAS BEEN GIVEN A CHANCE TO WORK. IGRA is working to the benefit of Indians and non -Indians in several states, including Minnesota, Wisconsin, Michigan and Connecticut. Reservations are slowly recovering from decades of failed government programs and building new houses, community centers, roads and much more. Indians and non -Indians are proudly leaving welfare rolls and getting on payrolls. They are taxpayers instead of tax users. Local and state governments are enjoying increased tax revenues. Only where states failed to negotiate compacts in "good faith" in violation of IGRA has the process not worked. J3»,;.'4 http://www.indiancasinos.com/html/ic_myths_facts.htm 05/19/2000 IC Myths and Facts Page 3 of 4 FACT: STATES HAVE RENEGED ON THE DEAL THEY PROPOSED AND ACCEPTED. The states' ongoing assault on IGRA starts from the faulty premise that they have some inherent long-standing right to regulate or curtail tribal gaming. States are now trying to renege on a deal they proposed and accepted when Congress passed IGRA in 1988 by unjustly and wrongly asserting that IGRA violates the 10th and 1 lth Amendments to the U.S. Constitution. To the contrary, the Supreme Court's Cabazon decision was a clear recognition of the right of Indian tribes to regulate gaming on their lands free of state laws if the state permitted those activities outside the reservation. FACT: INDIAN GAMING CREATES ADDITIONAL RESOURCES AND TAX DOLLARS FOR SURROUNDING NON-INDIAN GOVERNMENTS AND COMMUNITIES. Indian Gaming is now a 5 billion dollar industry according to Gaming & Wagering Magazine. Indian gaming creates jobs, increases economic activity and generates tax revenue both on and off the reservation. Consider the following: in San Diego county alone, tribal gaming has been responsible for the creation of more than 5,000 well -paying new jobs, with a payroll of $22 million per year (and the associated payroll taxes and employee income taxes). In Minnesota, Indian gaming has become the state's seventh largest employer, having created more than 12,000 new jobs - three -fourths of which are held by non -Indians. And in Connecticut, a single Indian gaming facility will provide more revenues to the state than its largest taxpayer, which is one of the country's largest defense contractors -- direct jobs created nationally, with the majority of employees being non -Indian. Tribes have spent millions of dollars for construction. In addition, they spend many more millions per year for goods and services - almost all locally. FACT: INDIAN GAMING IS THE FIRST - AND ONLY - ECONOMIC DEVELOPMENT TOOL THAT HAS EVER WORKED ON RESERVATIONS. Many reservations are in remote, inconvenient locations on land that nobody else wanted. Before tribal gaming, there had been little successful public or private sector economic development on reservations. The Federal Government/Bureau of Indian Affairs has not been successful in economic development on reservations. The states have not proposed any specific or credible alternatives to Indian gaming as a meaningful source of tribal revenues and jobs. However, tribal governments are using the gaming proceeds to diversify and conduct other economic enterprises. http://www.indiancasinos.com/html/ic_myths_facts.htm 53 fl�14 05/19/2000 IC Myths and Facts Page 4 of 4 FACT: A MAJORITY OF AMERICANS SUPPORT INDIAN GAMING Public opinion surveys, both nationally and within various states, conclusively demonstrate that the public strongly supports expanded gaming on Indian reservations. A national Harris Poll in October 1992, and polls in Arizona, California, Kansas, Minnesota, New Mexico, Nebraska and Washington, all show that the general public favors casino -style gambling on Indian lands but opposes expanded non -Indian gaming opportunities. The reasons given for supporting tribal gaming are consistent with the purposes behind IGRA: the revenues will help the Tribes and surrounding communities become economically self-sufficient and Tribes should have the right to govern their own lands. 53 . http://www.indiancasinos.com/html/ic_myths_facts.htm 05/19/2000 ATTACHMENT 5 DRAFT ENVIRONMENTAL ASSESSMENT FOR THE PALA GAMING FACILITY Prepared for: National Indian Gaming Commission 1850 M Street N.W., Suite 1850 Washington D.C., 20036 Submitted by: Pala Band of Mission Indians P.O. Box 43 Pala, California 92059 With the Assistance of: Tierra Environmental Services 9903 Businesspark Avenue, Suite E San Diego, California 92131 (858-578-9064) April 17, 2000 Table Of Contents TABLE OF CONTENTS Section Page SUrMIVIARY....................................................... S-1 1.0 INTRODUCTION..................................................... 1 1.1 Proposed Action ..:......................... ...................1 1.2 Purpose and Need ............................................... 1 1.3 Relationship to Statutes, Regulations and Other Plans ..................... 4 1.4 General Setting .................................................. 5 2.0 PROJECT ALTERNATIVES ............................................ 6 2.1 Preferred Alternative ............................................. 6 2.2 Reduced Project Alternative ....................................... 16 2.3 Expanded Site Alternative ........................................ 16 2.4 No Action Alternative ........................................... 16 2.5 Alternatives Eliminated From Further Consideration ..................... 17 2.6 Comparison of Project Alternatives ................................. 18 3.0 AFFECTED ENVIRONMENT .......................................... 21 3.1 Land Use.....................................................21 3.2 Traffic/Circulation..............................................23 3.3 Noise........................................................26 3.4 Air Quality....................................................28 3.5 Hydrology/Water Quality ......................................... 31 3.6 Visual Aesthetics ............................................... 34 3.7 Public Services ................................................. 40 3.8 Public Safety .................................................. 42 3.9 Cultural Resources .............................................. 43 3.10 Biological Resources ............................................ 45 3.11 Geology/Soils..................................................53 3.12 Socioeconomics/Environmental Justice ............................... 54 4.0 ENVIRONMENTAL CONSEQUENCES .................................. 56 4.1 Land Use.....................................................56 4.2 Traffic Circulation .............................................. 57 4.3 Noise........................................................66 4.4 Air Quality....................................................68 4.5 Hydrology/Water Quality ......................................... 70 4.6 Visual Aesthetics ................................................ 72 Pala Gaming Facility Environmental Assessment i 5 .,l t. t. 17 TABLE OF CONTENTS Section Table Of Contents Page 4.7 Public Services ................................................. 73 4.8 Public Safety..................................................76 4.9 Cultural Resources .............................................. 77 4.10 Biological Resources ............................................. 79 4.11 Geology/Soils..................................................80 4.12 Socioeconomics/Environmental Justice ............................... 81 5.0 CUIviULATIVE EFFECTS ............................................. 83 5.1 Traffic.......................................................84 5.2 Noise........................................................84 5.3 Air Quality....................................................84 5.4 Hydrology/Water Quality ......................................... 85 5.5 Visual Aesthetics ............................................... 85 5.6 Public Safety (Law Enforcement) ................................... 85 5.7 Cultural Resources .............................................. 85 5.8 Biological Resources ............................................ 86 5.9 Geology/Soils..................................................86 5.10 Socioeconomics................................................86 6.0 MITIGATION MEASURES ............................................ 87 6.1 Traffic Circulation .............................................. 87 6.2 Noise........................................................88 6.3 Air Quality....................................................89 6.4 Hydrology/Water Quality ......................................... 90 6.5 Visual Aesthetics ............................................... 91 6.6 Public Services ................................................. 91 6.7 Public Safety (Law Enforcement) ................................... 91 6.8 Cultural Resources .............................................. 91 6.9 Biological Resources ............................................ 92 6.10 Geology/Soils..................................................92 6.11 Socioeconomic (Gambling Addiction) ................................ 93 7.0 REFERENCES......................................................94 3.0 REPORT PREPARATION, CONSULTATION AND COORDINATION ......... 98 8.1 Report Preparation..............................................98 8.2 Consultation and Coordination ..................................... 99 5402 ala Gaming Facility Environmental Assessment ii 0 8 3.0 Affected Environment with the San Andreas Fault Zone. The predominance of the remaining recorded activity has been associated with the San Andreas Fault Zone, the most recent earthquake activity of magnitude M 7.5 and M 6.6 on June 28, 1992, on nearby faults in the Landers and Big Bear areas, respectively. A study of the property's subsurface condition was performed to evaluate underlying strata and the presence of groundwater. The subsurface study included the classification and analysis of soil samples obtained from eight exploratory borings excavated on the project site on March 14, 1995. Artificial fill materials of varying thicknesses exist across.the site. These fills consist of native soils, imported soils, and other debris and are undocumented and are considered to be loose and compressible. Other undocumented fills are anticipated to be located near the existing structures and are associated with their construction. The thicknesses of these fills are assumed to be less than 2.0 feet. Alluvial materials exist across the site and consist of fine to medium gray sand and silty sand, a brown sandy silt with traces of clay, and a gray sandy clay. Granitic bedrock (granodiorite) was encountered below the surficial soils at one boring at a depth of approximately 25 feet below the surface. Groundwater was encountered at depths of 7 to 10 feet in the alluvial areas and occurred at the approximate elevation of the off -site standing water. The site is located in a Liquefaction Hazard Area as designated by the County of San Diego Geologic Hazard Maps, shown on the Seismic -Geologic Map for the Murrieta-Rancho California Area, Sheet. No. 147, revised in November 1987. The site is within the boundary of an area in which the groundwater is shallower than 10 feet and thick alluvium and soft sediments are present. The potential for liquefaction of the site is considered to be moderate -to -high due to on -site soil and water table characteristics (Soil Tech, Inc. 1995). 3.12 Socioeconomics/Environmental Justice According to the most current Report on Service Population and Labor Force available for the Pala Tribe, the total enrollment is 805 members (Bureau of Indian Affairs 1997). According to the same report, the Tribe's potential labor force is 387 members. The total number of individuals employed is 190 members, while the number of individuals not employed is 197 members. The number of employed individuals who earned $9,048 or less per year is 75 members while the number of employed individuals earning greater than $9,048 is 115 members. The Pala Tribe has an unemployment rate of 51 percent (197 persons of the potential labor force of 3 87 are unemployed). This unemployment rate is significantly higher than the overall unemployment rates of San Diego County and the state, at 3.2 percent and 5.5 percent (California Employment Development Department 1998), respectively, probably due in part to educational and cultural differences. Sixty-seven percent of Tribal households are at the poverty level, defined as below 50 percent of the County of San Diego median income, and an additional 20 percent of households are at a low level of income status, defined as 50-80 percent of the County median (Tribal Data Resources 1995). As 'another example of the low economic status, 24 percent of tribal households are homeless and living with extended families or in shelters. 54 Pala Gaming Facility Environmental Assessment J 3.0 Affected Environment The Tribe maintains a high reliance upon government funded programs and supplemental income. For example, 12.3 percent of all households receive their income from State or Federal (non - employment) sources, and 8.3 percent of households receive AFDC/Welfare (County). Regarding basic services, health services are provided by the Indian Health Service. Executive Order12898 and accompanying Presidential Memorandum clearly require that all federal agencies address environmental justice concerns to ensure fair treatment of all members of a community. Environmental justice concerns may arise from impacts on the natural or physical environment, such as human health or ecological impacts on low-income populations, minority populations, and Indian tribes, and from interrelated social, cultural and economic impacts. These concerns must be addressed through the NEPA process by identifying and addressing disproportionately high and adverse human health or environmental effects of the responsible agency's programs, policies, and activities on low-income populations, minority populations, and Indian tribes, particularly with respect to multiple and cumulative exposure to environmental hazards. The development of Indian gaming facilities has not historically raised environmental justice concerns for the NIGC. Impacts from the proposed project related to environmental justice concerns have been addressed through the analysis provided in the Environmental Consequences section. r J 4.1 Pala Gaming Facility Environmental Assessment 55 0uZO 4.0 Environmental Consequences landslides is remote. A structural engineer should determine the critical seismic factors to be used for building design and to implement the applicable code. 4.12 Socioeconomics/Environmental Justice Significant socioeconomic benefits to the Tribe and its individual members would directly result from employment opportunities from the proposed gaming facility. The number of available jobs on the Reservation and the quality of those jobs, as measured by salary and advancement potential, would increase dramatically. Because the Tribe currently has few other employment opportunities, the proposed gaming facility would not draw a significant number of workers from other Tribal employment sectors. No adverse impacts to existing Tribal enterprises or to salary levels and local pay rates are anticipated. The increased employment would result in increased income to individuals and families. In addition to the benefits resulting from increased employment, income derived by the Tribe from gaming profits and taxes would allow improved quantity and quality of social services to individual members. Health and education services would increase through the reinvestment of gaming income, resulting in significant long-term benefits for the Tribe. The economic and social service benefits resulting from the proposed project would represent major advancements toward Tribal self-sufficiency and cultural integrity and vitality. The proposed gaming and entertainment facility would also benefit northern San Diego County. The project would reduce unemployment among non -Indian people in the County because the number of available gaming facility -related jobs for an estimated 1,200 employees, would exceed the existing Tribal work force of 387 individuals. After giving employment preference to Pala Tribal members, preference would be offered to County residents where qualified. The proposed gaming and entertainment facility would also contribute directly to the local economy by creating additional demand for lodging, food, and other services, particularly in northern San Diego County. With operation of the gaming facility, significant numbers of patrons would be from outside the area and would require local visitor services. The non -tribal workforce will commute to the gaming facility, and no additional housing for the area is anticipated. Aside from the increased traffic along SR-76, as discussed in Section 4.2, no adverse impacts to tribal residents or other communities are expected to occur. While it can be demonstrated that numerous socioeconomic benefits would result with the project development, adverse effects must also be addressed. The introduction of gambling into an area has the potential to result in an increase in crime and gambling addiction. A review of other gaming centers and gambling casinos throughout the western states has produced mixed results from local police/sheriff departments (Holden and Lane 1995). The following information is taken from the Holden and Lane report (1995). Contacts with police departments associated with three Indian gaming facilities operating in Washington and Oregon reveal Pala Gaming Facility Enviromnental Assessment 81 54 4.0 Environmental Consequences there has been no substantial increase in crime as a result of the gaming operations. These gaming operations include: the Tulalip Gaming Center located in Marysville, Washington; the Wild Horse Gaming Center located in Pendleton, Oregon; and the Cow Creek Gaming Center in Canyonville, Oregon. It should be noted that all of these gaming facilities utilize their own security staff to provide routine patrol within the gaming centers and parking areas, just as would be provided by the Proposed Action. In comparison, the introduction of legalized gambling in Central City, Colorado, has directly contributed to the substantial increase in police -force manpower and budget. The Central City operations, however, include 15 casinos that attract 10,000 to 15,000 people per day, which is substantially larger in scope than the Proposed Action. The Central City Police Department has indicated that serious crime has not risen; the increased demand for police services has centered around traffic congestion and parking problems. Within the State of Washington, the Washington State Gambling Commission monitors potential crime effects of Indian Gaming operations and concludes: "The gaming facilities are limited in size and scope and, for that reason, are less attractive to criminal elements. There is no indication that a well regulated gaming facility of this type will create or attract problems . . . " While an increase in demand for police services (traffic and parking control) can be expected to occur with development of the Proposed Action, no increase in serious crime is anticipated. The potential for gambling addiction is possible with development of any gambling operations. While no statistics are available to document the level of gambling addiction associated with gaming operations it is assumed that the potential exists for some degree of gambling addiction to occur with development of the Proposed Action. Given the scope of the Proposed Action, the potential effect of gambling addiction is not considered substantial; however, the following measure has been incorporated into the project to help educate the patrons about gambling addiction: • A public information program consisting of written material warning about the dangers of gaming addiction and listing organizations that provide help (such as Gamblers Anonymous and the National Council on Problem Gambling, Inc.) would be made available to patrons. No environmental justice concerns have been identified through the analysis provided in this EA. A disproportionately high and adverse human health or environmental impact on minority populations, low-income populations, or Indian tribe is not likely to result from the proposed action or from any of the alternatives. J 4 v Pala Gaming Facility Environmental Assessment 0 22 5.0 Cumulative Effects significantly be impacted from implementation of other projects and would not be fully mitigated. Although the cumulative impacts to cultural resources are considered significantly adverse, the proposed project does not contribute to this impact. Mitigation for impacts related to the proposed project has been included. 5.8 Biological Resources No significant impacts to sensitive habitats or species would result from the Preferred Alternative with incorporation of the identified mitigation measures discussed in Sections 4.0 and 6.0. When considered with the projects listed above, the cumulative loss of sensitive habitats (coastal sage scrub, chaparral, native grassland, oak woodland, riparian forest, mule fat scrub, and southern willow scrub), sensitive species (California gnatcatcher, least Bell's vireo, southwestern arroyo toad, and golden eagle) through loss of nesting and foraging habitat, and impacts to established wildlife condors would be significant. Project -specific mitigation measures required thorough the approval process would reduce the direct and indirect impacts to less than significant. Mitigation of cumulative impacts within the North San Diego County area is dependent on adoption of a long-term open space preservation plan currently being prepared as a Subarea Plan of the regional Multiple Species Conservation Program (MSCP) for the County. The MSCP will provide for long-term protection of sensitive habitats, sensitive species and wildlife corridors through open space design and mitigation procedures. Once implemented, the plan will compensate for the incremental loss of sensitive biological resources on a regional basis and would ensure that cumulative impacts would be mitigated to below a level of significance. 5.9 Geology/Soils The potential geology and soils impacts of the proposed project would not add cumulatively to geological impact of the other projects discussed above. Soil erosion and sediment transport downstream can cause siltation of water bodies. However, the proposed project and other projects in the area would be required to implement mitigation measures on a project -specific basis, as required by the County's Grading Ordinance and NPDES. This would assure that cumulative impacts associated with soil erosion would be mitigated to below a level of significance. 5.10 Socioeconomics It is anticipated that the proposed project may result in the occurrence of some level of gambling addiction. Although the impact is not expected to be substantial, a measure to help educate patrons about gambling addiction has been incorporated into the project. Other projects in the area are not expected to result in any adverse socioeconomic impacts as they would not alter the location, distribution, density, or growth rate planned for the area and would not create a significant demand for housing or public services. 54 Pala Gaming Facility Environmental Assessment 86 0J)#213 6.0 Mitigation Measures • The proposed structures should be designed and constructed according to Seismic Zone 4 and the Base Shear Formula in Section 23 of the 1991 Uniform Building code (UBC). Although structural damage could occur, structures designed according to the provisions of the UBC should resist major earthquakes of the severity anticipated at the site without collapse. Due to the geological and topographic characteristics of the site, the probability of earthquake induced hazards such as ground rupture and landslides is remote. A structural engineer should determine the critical seismic factors to be used for building design and to implement the applicable code. Socioeconomic (Gambling Addiction) following measure has been incorporated into the project to help educate the patrons about )ling addiction: A public information program consisting of written material warning about the dangers of gaming addiction and listing organizations that provide help (such as Gamblers Anonymous and the National Council on Problem Gambling, Inc.) would be made available to patrons. V Gaming Facility Environmental Assessment 93 V�:.�A DEPARTMENT REPORT: 3 CITY COUNCIL'S UPCOMING EVENTS JUNE 20 CITY COUNCIL MEETING JULY 5 CITY COUNCIL MEETING JULY 18 CITY COUNCIL MEETING AUGUST 1 CITY COUNCIL MEETING AUGUST 15 CITY COUNCIL MEETING SEPTEMBER 19 CITY COUNCIL MEETING SEPTEMBER 26 JOINT MEETING OF CITY COUNCIL AND ALL CITY COMMISSIONS/BOARDS/COMMITTEES OCTOBER 3 CITY COUNCIL MEETING OCTOBER 17 CITY COUNCIL MEETING NOVEMBER 7 CITY COUNCIL MEETING NOVEMBER 21 CITY COUNCIL MEETING 54 June 2000 Monthly Planner 12 3 May July S M T W T F S S M T W T F S 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 21 22 23 24 25 26 27 1 6 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 31 30 31 4 15 6 7 8 i 9 10 2:00 PM City i 12:00 PM Council Energy/Envi- Meeting Sniff I 13 14 15 16 17 i 10:00 AM CVAG 7:00 PM C.V. AM RCTC- 3:30 PM Historic Public Safety- Mosquito Pena Preservation Perkins Abate. -Perkins 5:30 PM Invest- Commission 112:00 PM CVAG Transp-Perkins 7:00 PM Plan- ning Commis- ment Advisory Board 7:00 PIVI Cultural Arts Commission 7:00 PIVI Commu- nity Services sion Meeting Commission j 18 119 20 121 22 23 24 9:00 AM CVB- Henderson Father's Day 2:00 PM City Council Meeting 25 26 27 128 29 30 12:30 PM RCTC 7:00 PM Plan- 12:00 PM CVAG Budget -Pena ning Commis- Human/Com- 6:00 PM CVAG- sion Meeting Adolph Exec Com-Pena i4:00 PM DIRRA Airp-Henderson Printed by Calendar Creator Plus on 05/31 /2000 July 2000 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 13 4 5 6 7 8 Indepen- 12:00 PM City 12:00 PM dence 1 Council Mayor's Lunch Day Meeting Holiday 9 10 11 12 13 14 15 10:00 AM CVAG 7:00 PM C.V. i 9:00 AM RCTC- 12:00 PM Public Safety- Mosquito Pena Energy/Envi- 1 Perkins Abate. -Perkins ii 5:30 PM Invest- Sniff 1 2:00 PM CVAG Transp-Perkins 7:00 PM Plan- ning Commis- ment Advisory 1 Board 7:00 PM Cultural Arts CommissionI 7:00 PM Commu- nity Services sion Meeting Commission 16 17 18 19 20 21 22 9:00 AM CVB- 3:30 PM Historic! Henderson Preservation 2:00 PM City Commission Council III Meeting 23 124 25 26 27 28 29 PM RCTC 7:00 PM Plan- 12:00 PM CVAG Budget -Pena ning Commis- Human/Com- sion Meeting Adolph 4:00 PM DRRA Airp-Henderson 30 131 6:00 PM CVAG- June August Exec Com-Pena S F S M T W T F S S M T W T F S S 1 2 3 7 r27 1 2 3- 4-5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 17 5 16 1 1 12 13 14 1 6 7 13 14 15 16 17 18 8 19 9 :F 18 19 20 2 1 22 23 24 t5 2�O 21 22 23 24 25 26 25 26 27 28 29 30 28 29 30 31 %ij Printed by Calendar Creator Plus on 05/3] /2000 _L August 2000 Monthly Planner ':00 :2 3 .4 5 2 00 PM City July Council 0i' S M T W T F S M ting M ee 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 6 17 8 9 10 11 12 7:00 PM C.V. 19:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- i Abate. -Perkins 5:30 PM Invest- Sniff 7:00 PM Plan- ment Advisory 7:00 PM Cultural ning Commis- 1 Board Arts Commission 1: sion Meeting I 13 i:14 15 '16 17 18 19 i 10:00 AM CVAG 9:00 AM CVB- 3:30 PM Historic I Public Safety- Henderson Preservation Perkins 112:00 PM CVAG 2:00 PM City Commission I Transp-Perkins Council Meeting li 7:00 PM Commu- nity Services Commission 20 22 �23 24 ! 25 26 7:00 PM Plan- 12:00 PM CVAG ning Commis- Human/Com- sion Meeting Adolph i4:00 PM DRRA Airp-Henderson 27 28 29 30 31 2: JU FM Kc rc Budget -Pena September 6:00 PM CVAG- S M T W T F S Exec Com-Pena 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 05/3 1 /2000 DEPARTMENT REPORT: � oz v 5 OF (HBO TO: The Honorable Mayor and Members of the City Council FROM: June Greek, City Clerk DATE: June 6, 2000 SUBJECT: Status Report on Appointments to Boards, Commissions and Committees The deadline for applications to the City's Boards, Commissions and Committees was Thursday, May 25, 2000. The following openings will occur as of June 30, 2000: Architectural and Landscape Review Committee Two terms will expire June 30, 2000. Both of the incumbent Committee members have reapplied. Community Services Commission Three terms will expire June 30, 2000. Three incumbent commission members and two other residents have applied for three available positions. Cultural Arts Commission Three terms will expire June 30, 2000. Two incumbent commission members and four other residents have applied for three available positions. Historic Preservation Commission A vacancy currently exists for a citizen (non-professional) member and a professional and non-professional term will expire June 30, 2000. The professional and non-professional incumbents have reapplied and two other citizens have applied for the three positions. Investment Advisory Board Four terms will expire June 30, 2000. Three incumbent advisory board members have re -applied for appointment and a member of the public has also applied for the four positions. Planning Commission Three terms are scheduled to expire June 30, 2000. All three incumbent Planning Commissioners have reapplied for appointment to the two-year terms. It had been the intention of staff to place these appointments as a business item on the June 61h agenda. However, due to the heavy demands on the City Council at this meeting, staff is requesting direction with regard to these appointments. If the City Council chooses, two options seem to be available: Option One - Schedule a special meeting for the purpose of making all of the Board, Commission and Committee appointments. Option Two - Direct staff to place this selection process on the City Council agenda for the meeting of June 20, 2000. We look forward to your direction in this matter and will notify all of the applicants of your decision. Page 2 J541 Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Continued Public Hearing on Specific Plan 97-029, Amendment #2 and Development Agreement 97- 002, Amendment #2 a Request for Approval to Modify the Sign Regulations, Allow Car Display Jacks, and Other Minor Changes, and Approval of an Amendment to the Development Agreement in Regard to Definitions. Applicant: Stamko Development Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval; and, A. Move to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce Ordinance No. _ on first reading for Development Agreement 97-002, Amendment #2. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 16, 2000, the City Council considered the amendments as requested by the applicants and continued the matter to review the issues raised at the Public Hearing. Staff has met with the applicant and the following issues were discussed: 1. Shade structures f 2. Manufactures tent sales 5J 3. Balloons 1. Shade Structures: The applicant is requesting that Section 2.50.4.1.1 Site Plan -Auto Mall (Page 52) be modified by replacing the wording as follows: Four Shade Structures that match the dealers building colors and do not exceed 20 feet in height, 20 feet by 30 feet in size are permitted for each dealer. Currently, the recommended language does not limit the number or size of the shade structures. In addition, they would not be permitted in the special or vehicular display areas. 2. Manufactures Tent Sales The applicant is requesting that Section 2.50.4.1.3 Special Events -Auto Mall (Page 54) be modified by replacing the recommended language with the following: Additionally each dealer may have up to three (3) special events for manufacture sales per calendar year, not to exceed 30 days per event. Manufacture tents are permitted for these events with no color or location limitations. The current recommended language did not address these events, but only permitted temporary shade structures. 3. Balloons The applicant is requesting that Section 2.80.1.1(5) Signage-Auto Mall (Page 62) be modified by adding the following language: Banners, balloons with a maximum diameter size of two feet, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a 'like new'condition at all times. Inflatable animals or other figures or other inflatable displays, whether tethered or not, are not permitted. The current recommended language does not permit balloons. Proposed Amendment to the Specific Plan The applicant originally proposed the following amendments: 1 Section 2.80.1.1 - Signage - Auto Mall (pg.62): Add this sentence to the first paragraph after the last sentence. "The entry monument signs can either identify 'The Auto Centre at La Quinta'; 'The Auto Centre at La Quinta & The Auto Service Center', if applicable; or list each of the dealer's franchises and 'The Auto Service Centre', if applicable." 5 5 u CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 02 4. Section 2.80.1.1.2 - Signage - Auto Mall (p. 62): revise the first sentence, "One wall mounted 'Dealership Identification' sign..." to "Four wall mounted 'Dealership Identification' signs...." 5. Section 2.80.1.1.3 - Signage - Auto Mall (p.62): Add this sentence after the first sentence "One ground mounted interior sign per franchise not to exceed 40 square feet per face for each department (used cars, service, parts, body shop, etc.)." 6. Section 2.80.1.1 - Signage - Auto Mall (p. 63): Add this paragraph after the last paragraph, "Balloons, pennants (including pennants mounted on lighting fixtures), antenna pennants, banners and event tents, shall be allowed." 7. Item #9 - Conditions of Approval - Final dated November 17, 1998: Delete, "the special and regular display areas shall not use car jacks." 8. Item #13 - Conditions of Approval - Final dated November 17, 1998: Delete, "No pruning of trees within the Highway 111 setback area shall be allowed within four feet of the grade." 9. Item #15 - Conditions of Approval - Final dated November 17, 1998: Delete, "Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Development Scenarios #1, #2, #3." 10. Item #15B - Conditions of Approval - Final dated November 17, 1998: Delete, "Delete 'Highway 1 1 1' in that secondary signs do not need to be seen from this highway." Proposed Second Amendment to the Development Agreement The original Development Agreement and First Amendment were approved previously and are binding agreements between both parties for the purpose of establishing certainty that the development will progress in a timely manner. The Second Amendment request modifies the Development Agreement participants and the following: 1 . Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1.1. Authorizing Ordinance: "'Authorizing Ordinance" means erdinance No. 3Z$ the Ordinance approving this Second Amended the Developer Agreement or Amendments. 557 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 03 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No. 2, approved by the City Council on 2000. A reference to "Amendment to Specific Plan" refers oi* to Amendment #1 or ,#2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Chanae: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. Exhibit "C"- Restated and Amended Developer Lease Agreement, shall be amended as follows: Section 1. Definitions. (r) "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. 3. Change the parties reflected in the first paragraph of the Agreement to Stamko Development Company and the City of La Quinta. Planning Commission Action: The Planning Commission on May 9, 2000, at the conclusion of the public hearing, on a 4-0-1 (Commissioner Butler absent) recommended approval. For clarification, staff has prepared the Planning Commission recommended amendments in legislative format as follows: A. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52): Pads 1, 2, and 3 along Highway 1 1 1 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 1 1 1 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-6 show Highway 1 1 1 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 1 1 1. Each special display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along JJu CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd Highway 1 1 1. No employee or visitor parking shall be allowed in the special and regular display areas. The special and regular display areas shall not use ea, jacks. Permanent shade structures, that match the dealers building colors and do not exceed 20 feet in height, are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular display areas adjacent to the landscape setback along Highway 1 1 1. B. Section 2.50.4.1.3 Special Events -Auto (pa 54): The auto mail operation will include regularly scheduled special events designed to increase the flow of traffic into the automall. These special events shall be limited to no more than 40 total days per year for the auto mall with no single event lasting more than 10 days. Concurrent or jointly sponsored events held on the same day shall count as a single day regardless of how many dealers participate. These special events may not utilize searchlights. 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 10:00 p.m. or after business hours. Additional temporary permitted uses include temporary shade structures with no color limitations. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. C. Section 2.70.1 Landscape Concept (pg. 591: The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 1 1 1 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. No prtining of the trees within the I lighway 111 setback area sha" be a"ovved within four feet of the grade. One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 1 1 1 setback area. D. Section 2.80.1.1 Signage - Auto Mall (pa. 62): Only three of the dealerships have technical "frontage" on Highway 111. This Specific Plan will be consistent with the City's Highway 1 1 1 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development 5� CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 05 Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 111. At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall signs shall not be allowed on the north building elevations On Planning Area #1 for Development Scenarios fl, #2, Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 1 1 1 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta"; "the Auto Centre at La Quinta & The Auto Service Center" if applicable; or list each of the dealers franchises and "The Auto Service Centre", if applicable. Each dealer or auto related pad will be allowed the following signage: 1. One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. Four one wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel- can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background, subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Planning 6 review and recommendation Community Development Director approval 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). Two ground mounted interior signs per dealer not to exceed 40 square feet per face for advertising various departments such as used cars, service, parts, body shop, etc. to be located south of Highway 1 1 1 and east of Adams Street Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. 4. Directional signs shall be individually considered by the Community Development Director. 06 C;\My Documents\WPDOCS\CCJH-StamkoAmd2.wpd 5. Add new: Banners, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a "like new" condition at all times. Balloons, inflatable animals or other figures, or other inflatable displays, whether tethered or not, are not permitted. Exhibit 19 depicts the design concept for the "Dealership Identification" and the interior "Product Identification" signs. Public Noticing: This application was advertised in the Desert Sun on April 18, 2000 and April 28, 2000. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. As of this writing no correspondence has been received regarding this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and Introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, or do not introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 3. Provide staff with alternative direction. Respectfully submitted, JJerr �H'errr�an Co munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Minutes and staff report for of May 16, 2000 J6i 07 CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT CASE NO.: SPECIFIC PLAN 97-029, AMENDMENT #2 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California did on the 161h day of May, 2000, and the 61h day of June, 2000 hold duly noticed Public Hearings to consider amending Specific Plan 97-029 which created an 87 acre development consisting of three planning areas housing four development scenarios for automobile sales/services and a retail complex, located on the south side of Highway 1 1 1, between Adams Street and Dune Palms Road; and more particularly described as: A PORTION OF THE SOUTHWEST AND NORTHWEST 1 /4 SECTION OF 29, T5S, R7E WHEREAS, the Planning Commission of the City of La Quinta, California did on the 9th day of May, 2000, hold duly noticed Public Hearings to consider amending Specific Plan 97-029 which created an 87 acre development consisting of three planning areas housing four development scenarios for automobile sales/services and a retail complex, located on the south side of Highway 1 1 1, between Adams Street and Dune Palms Road; and WHEREAS, the City Council of the City of La Quinta, California did on the 151h day of July, 1997, approve the original Specific Plan 97-029 and on the 17th day of November, 1998, approved Specific Plan 97-029, Amendment #1 for the development; and, WHEREAS, said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 9701 1055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. N changed circumstances or conditions are proposed which would trigger the preparation of. subsequent environmental review pursuant to Public Resources Code Section 21 166; and, 56" ti C:\My Documents\WPDOCS\ccresoSP97-029#2.wpd vs Resolution 2000 Specific Plan 97-029, Amendment #2 June 6, 2000 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings to justify recommending approval to the City Council of said amended Specific Plan: That the proposed amended Specific Plan 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 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 amended Specific Plan will not create conditions materially detrimental to the public health, safety and general welfare in that development, per the amended Specific Plan, will provide for extensive public improvements and conforms to good land use practice by encouraging a long-range, comprehensive approach to development of a major ,regional automobile sales/services and mixed commercial complex. 3. The amended Specific Plan is compatible with the zoning of adjacent properties in that the site is bounded by compatible Mixed/Regional (commercially zoned) designated properties with the exception of the area to the west, across Adams Street that is designated Low Density and High Density Residential. 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 the above described amended Specific Plan 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 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 09 C:\My Documents\WPDOCS\ccresoSP97-029#2.wpd Resolution 2000 Specific Plan 97-029, Amendment #2 June 6, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California J6 t C:\My Documents\WPDOCS\ccresoSP97-029#2.wpd 10 RESOLUTION 2000- CONDITIONS OF APPROVAL -RECOMMENDED SPECIFIC PLAN 97-029, AMENDMENT #2 STAMKO DEVELOPMENT COMPANY - AUTO MALL JUNE 6, 2000 GENERAL CONDITIONS OF APPROVAL A. Section 2.50.4.1.1 Site Plan - Auto Mall (pg. 52): Pads 1, 2, and 3 along Highway 111 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 1 1 1 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-5 show Highway 1 1 1 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 1 1 1. Each special display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along Highway 1 1 1 . No employee or visitor parking shall be allowed in the special and regular display areas. The special and regular display areas shall not use car jaci-s. Permanent shade structures, that match the dealers building colors and do not exceed 20 feet in height, are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular displ u areas adjacent to the landscape setback along Highway 1 1 1. B. Section 2.70.1 Landscape Concept (pg. 59): The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 1 1 1 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. No pi uning of the trees within the I lighway 111 C:\My Documents\WPDOCS\ResoCC COAAmd#2.wpd I 56 11 Resolution 20000 Conditions of Approval - Recommended Specific Plan 97-029, Amendment #2 Stamko Development Company setback area sha" be allowed w5thin fotir feet of the grade. One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 1 1 1 setback area. C. Section 2.80.1.1 Signage - Auto Mall (pg. 62): Only three of the dealerships have technical "frontage" on Highway 1 1 1. This Specific Plan will be consistent with the City's Highway 1 1 1 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 11 1 . At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall signs shall not be allowed on the north building elevations On Plani iing Area #1 fo[ Development Seena. Mos #1 , Exhibit 18 shows the conceptual dealer identification monumentsign and the conceptual entry monument signs proposed for Highway 1 1 1 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quints": "the Auto Centre at La Quinta & The Auto Service Center" if applicable: or list each of the dealers franchises and "The Auto Service Centre", if applicable. Each dealer or auto related pad will be allowed the following signage: 1 . One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. Four one wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background, subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building face or element, subject to Planning Gornmission review and recommendation Community Development Director approval 56" O C:\My Documents\WPDOCS\ResoCC COAAmd#2.wpd 2 Resolution 20000 Conditions of Approval - Recommended Specific Plan 97-029, Amendment #2 Stamko Development Company 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). One ground mounted interior sign per franchise not to exceed 40 square feet per face for advertising various departments such as used cars, service, parts, body shop, etc. Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. 4. Directional signs shall be individually considered by the Community Development Director. 5. Banners, antenna pennants, and pennants (including pennants mounted on lighting fixtures) are permanently permitted. These additional signs must be maintained in a "like new" condition at all times. Balloons, inflatable animals or other figures, or other inflatable displays, whether tethered or not, are not permitted. Exhibit 19 depicts the design concept.for the "Dealership Identification" and the interior "Product Identification" signs. J67 C:\My Documents\WPDOCS\ResoCC COAAmd#2.wpd 3 1-3 ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA AND STAMKO DEVELOPMENT CO. CASE NO.: DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California, did on the 16" of May, 2000, and 6t' day of June, 2000, hold a duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th of May, 2000, hold a duly noticed Public Hearings to consider an amendment to the Development Agreement; and, WHEREAS, the City Council of the City of La Quinta, California did on the 15th day of July, 1997, approve the original Development Agreement 97-002 and on the 171h day of November, 1998, approved Development Agreement 97-002, Amendment #1 for the development; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approving said Development Agreement, Amendment #2: The proposed amended Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 97-029, Amendment #2. The property is within the Mixed/Regional Commercial (M/RC) District per the provisions of the 1992 General Plan Update which permits the proposed use and is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The land uses authorized and regulations prescribed for the amended Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Regional Commercial (CR) which permits the proposed uses provided conditions are met. 563 C:\My DocumentsMPDOCS\Ord StamkoDA#2.wpd 14 Ordinance No. Development Agreement 97-002, Amendment #2 Stamko Development Company 3. The proposed amended Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by encouraging a long- range, comprehensive approach to the development of a major automobile sales/services and mixed commercial complex. 4. Approval of this amended Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this amended Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the amended Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. And the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. ENVIRONMENTAL. Said Specific Plan complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 97011055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1.998. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. 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 certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances 563 of this City. C:\My DocumentsMPDOCS\Ord StamkoDA#2.wpd 15 Ordinance No. Development Agreement 97-002, Amendment #2 Stamko Development Company The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California Jr!� C:\My DocumentsMPDOCS\Ord StamkoDA#2.wpd 16 ATTACHMENT 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement ("Amended Agreement") is made and entered into this _ day of 2000, by and between the CITY OF LA QUINTA, a charter city ("City"), and STAMKO DEVELOPMENT COMPANY, a California limited partnership ("Developer"). The City and Developer are hereinafter sometimes referred to individually as a "Party". RECITALS This Amended Agreement is predicated upon the following facts: A. The City and Developer originally entered into that certain Development Agreement dated July 15, 1997 ("Original Agreement") authorized by City Council Ordinance No. 306 dated July 21, 1997, and effective August 20, 1997, and recorded on September 3, 1997. B. The City and Developer processed an Amendment to the Development Agreement which was approved on November 17, 1998, by Ordinance No. 328 dated December 1, 1998, and effective January 14, 1999, and recorded on March 11, 1999. C. Due to requested modifications to the Amended Specific Plan, the developer has requested certain modifications to the site planning conditions, the Development Agreement, and the Developer Lease to allow the Project to proceed. D. The City believes that all of the findings made in the Original Agreement and First Amendment remain true, that the requested modifications by the Developer as set out in this Second Amendment Agreement with attachments are consistent with the General Plan , and all other applicable plans, rules, regulations and official policies of the City of La Quinta and the approval of this Amended Agreement shall promote the health, safety and general welfare of the City. E. It is the intent of the Parties that on execution of this Second Amendment to the Agreement, the Developer shall be obligated to complete the Public Improvements in the manner set forth in the original Development Agreement, the First Amendment and the Amendment Specific Plan 97-027 and Conditional Use Permit 97- 034 as contained there in those documents, and with City's rules, regulations and official policies governing permitted uses, density, design, improvement and construction standards and specifications in force on the date of this Amended J .j Agreement. CAMy Documents\WPDOCS\DA#2RestAgmt.wpd 1 17 F. On May 9, 2000, the Planning Commission of the City of La Quinta (the "Planning Commission"), after giving -notice pursuant to Government Code Sections 65854, 65854.5 and 65866, held a public hearing on Developer's application for this Second Amended Agreement. On May 16, 2000, and June 6, 2000, the City Council of the City of La Quinta ("City Council"), after providing public notice as required by law, similarly held public hearings to consider Developer's application for this Agreement. G. The Planning Commission and the City Council have found that the Second Amended Agreement is consistent with the General Plan and all other applicable plans, rules, regulations and official policies of the City. H. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., ("CEQA"), the Community Development Department completed an Environmental Impact Report, State Clearinghouse No. 9701 1055, certified by the City Council in 1997, for this Specific Plan 97-029 and Development Agreement 97-002. A supplemental EIR has been prepared for the proposed Specific Plan 97-029 Amendment #1 and Development Agreement 97-001 Amendment #1 which was certified in 1998. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21 166; I. On December 1, 1998, the City Council adopted Ordinance No. 328 approving this Amended Agreement with Developer. The Ordinance takes effect on January 14, 1999. The parties hereto agree to amend the Second Amended Agreement according to the following specified revisions: 1. Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: 1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No. approving this Second Amended Agreement. 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No. 2, approved by the City Council on May 16, 2000. A reference to "Amendment to Specific Plan" refers to Amendment #1 or #2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended 5 7 Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. CAMy Documents\WPDOCS\DA#2RestAgmt.wpd 2 18 IN WITNESS WHEREOF, this Second Amended Agreement has been executed by the Parties on the day and year first above written, as authorized by Ordinance No. 328 of the City Council of the City of La Quinta. CITY OF LA QUINTA, a Charter City M Stanley Sniff, Mayor Pro Tern JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California STAMKO DEVELOPMENT COMPANY, A California Limited Partnership By: Its: Jf CAMy Documents\WPDOCS\DA#2RestAgmt.wpd 3 19 ATTACHMENT 2 DEVELOPMENT AGREEMENT 97-002, AMENDMENT #2 JUNE 6, 2000 EXHIBIT "C" RESTATES AND AMENDED DEVELOPER LEASE AGREEMENT 1. Section 1.(r) shall be amended to read as follows: "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future. CAMy Documents\WPDOCS\ResoDAAtt#2.wpd ( j go ATTACHMENT 1 City Council Minutes 18 May 16, 2000 3. PUBLIC HEARING ON SPECIFIC PLAN 97-929, AMENDMENT NO. 2, AND DEVELOPMENT AGREEMENT, AMENDMENT NO. 2 - A REQUEST TO MODIFY THE SIGN REGULATIONS, ALLOW CAR DISPLAY RACKS, AND OTHER MINOR CHANGES AND APPROVAL OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT IN REGARD TO DEFINITIONS. APPLICANT• STAMKO DEVELOPMENT COMPANY. The Mayor declared the PUBLIC HEARING Community Development Director Herma Chris Clarke, 2205 Poinsettia, Manhati reviewed their requests for additional depicting the need for jacks, pennants, dealerships and increase sales. She ' manufacturers to participate in ten permanent versus temporary tent In response to Mayor Pena, without color limitations permanent shade struct site except for display pment, photographs promote the required by the issue of porary shade structures emporary Use Permit and of the building are allowed on it Member Sniff, Mr. Sowell stated he is in agreement with nission's recommendation except for the balloons, which he ntion to the dealerships. He plans to use them on streamers is. He stated tents for tent sales are needed for longer than orge Velarde, owner of Torre Nissan, urged the City to help promote their dealerships by approving these requests. In response to Mayor Pena, he stated 70% of their customers come from Indio and Coachella, 20% from La Quinta, and 10% from Palm Desert and Palm Springs. He noted that sales increased at Palm Springs Motors the month after they put up their tents. �n City Council Minutes 19 May 16, 2000 Tom Hanes, 79-180 Ladera Drive, stated he did not feel balloons are needed to sell cars but understood the need for signage. He hoped searchlights would not be allowed. There being no further requests HEARING CLOSED at 10:10 p.m. In response to Council Member Henderson manufacturers' tents be allowed in any col across the front of the buildings match the structures behind the six-foot wall not They also requested manufacturers' tent s because they sometimes last up to 30 da In response to Council Member Henderso been issued for the current shade struo e regm conti PUBLIC pffngs. events sed no permits have se IBM, pennants, additional signage for the e Auto Centre entry signs, deletion of the pruning W use of balloons for special events only. She n all other inflatable displays. uncil Member Adolph commented on the amount of time Council spent discussing these issues during the approval process of the auto mall and stated he is in agreement with additional signage on the buildings and raising the auto display areas as long as it's not done with metal platforms. However, he did not support the other requests because he felt they would result in a circus -like 5 1 "^ c, ').3 City Council Minutes 20 May 16, 2000 atmosphere on Highway 111. He also could not support deletion of the pruning requirements without detailed criteria on how it will be done. Council Member Henderson suggested the sib 1 1 1 Corridor Plan and stated she did not jacks to display vehicles. A discussion ensued regarding the numb and pW structures resulting in Council concur to col 2000, and a request for staff to h rs i the shade structures. MOTION - It was move consideration of Specific Od Agreement, Amendme to direct staff to refi h T. ed to rev way roblem with of car d y Co it M Sniff/Adolph to continue 97-0 , Amen ent No. 2, and the Development . 2, f tamko evelopment to June 6, 2000, and e iss Mo ' carried unanimously with Council MI R NO. 2000-85. `' 4 a 1) T4'yl 4 4 Q" COUNCIL/RDA MEETING DATE: May 16, 2000 Public Hearing on Specific Plan 97-029, Amendment #2 and Development Agreement 97-002, Amendment #2 a Request for Approval to Modify the Sign Regulations, Allow Car Display Jacks, and Other Minor Changes, and Approval of an Amendment to the Development Agreement in Regard to Definitions. Applicant: Stamko Development Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval; and, A. Move to take up Ordinance No. _ by title and number only and waive further reading. B. Move to introduce Ordinance No. _ on first reading for Development Agreement 97-002, Amendment #2. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 15, 1997, the City Council adopted a Specific Plan setting forth the detailed development principles, guidelines, and programs to facilitate the development of this 87 acre site. The first Amendment to the Specific Plan was processed in 1998 which modified the internal layout of the project and refined the development concepts and land uses. Specifically, three Planning Areas were created over the entire site and the property could be developed under any of four scenarios. Each scenario involved a different mix of the allowed auto sales/service and retail/commercial uses. C:\My Documents\WPDOCS\CCJH-StamkoAmd2.wpd 25 t' Proposed Amendment to the Specific Plan The applicant proposes the following amendments: 1 Section 2.80.1.1 - Signage - Auto Mall (pa.62): Add this sentence to the first paragraph after the last sentence. "The entry monument signs can either identify 'The Auto Centre at La Quinta'; 'The Auto Centre at La Quinta & The Auto Service Center', if applicable; or list each of the dealer's franchises and 'The Auto Service Centre', if applicable." 2. Section 2.80.1.1.2 - Signage - Auto Mall (p_62): revise the first sentence, "One wall mounted 'Dealership Identification' sign..." to "Four wall mounted 'Dealership Identification' signs...." 3. Section 2.80.1.1.3 - Signage - Auto Mall (p.62): Add this sentence after the first sentence "One ground mounted interior sign per franchise not to exceed 40 square feet per face for each department (used cars, service, parts, body shop, etc.)." 4. Section 2.80.1.1 - Signage - Auto Mall (p. 63): Add this paragraph after the last paragraph, "Balloons, pennants (including pennants mounted on lighting fixtures), antenna pennants, banners and event tents, shall be allowed." 5. Item #9 - Conditions of Approval - Final dated November 17, 1998: Delete, "the special and regular display areas shall not use car jacks." 6. Item #13 - Conditions of Approval - Final dated November 17. 1998: Delete, "No pruning of trees within the Highway 1 1 1 setback area shall be allowed within four feet of the grade." 7. Item #15 - Conditions of Approval - Final dated November 17, 1998: Delete, "Specify that wall signs shall not be allowed on the north building elevations in Planning Area #1 for Development Scenarios #1, #2, #3." 8. Item #15B - Conditions of Approval - Final dated November 17. 1998: Delete, "Delete 'Highway 111' in that secondary signs do not need to be seen from this highway." Proposed Second Amendment to the Development Agreement The original Development Agreement and First Amendment were approved previously and are binding agreements between both parties for the purpose of establishing certainty that the development will progress in a timely manner. The Second Amendment request modifies the Development Agreement as follows: CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 26 J 1 . Definitions: In this Second Amended Agreement, the defined terms will have the same meaning as in the Original Agreement except as may be otherwise noted in this Second Amended Agreement: ` 1.1. Authorizing Ordinance: "'Authorizing Ordinance" means Ordinance No. 3i$ approving this Second Amended Agreement. 1.4 Specific Plan: The Specific Plan approved by the City Council on July 15, 1997 as amended by Amendment No. 1 approved by the City Council on November 17, 1998, and Amendment No. 2. approved by the City Council on 2000. A reference to "Amendment to Specific Plan" refers V* to Amendment #1 or #2 to the Specific Plan and/or any future amendments not affecting the implementation of the Development Agreement. 2. No Other Change: All sections of the original Agreement, or the First Amendment which have not been specifically amended by this Second Amended Agreement shall remain intact and enforceable in their entirety, or as may be amended in the future. Exhibit "C"- Restated and Amended Developer Lease Agreement, shall be amended as follows: Section 1. Definitions. (r) "Specific Plan" shall mean the Specific Plan approved by the City Council on December 1, 1998, or as may be amended in the future Planning Commission Action: The Planning Commission on May 9, 2000, at the conclusion of the public hearing, on a 4-0-1 (Commissioner Butler absent) recommended approval. For clarification, staff has prepared the Planning Commission recommended amendments in legislative format as follows: A. Section 2.50.4.1.1 Site Plan - Auto Mall (12g. 52): Pads 1, 2, and 3 along Highway 111 are behind a 62 foot landscape setback from the curb and will have vehicular displays. In addition, Pads 1, 5, 6 and 7 along Adams Street are behind a 32 foot landscape setback from the curb and will have vehicular displays. The special display pads along Highway 111 and Adams Street will not have stripping and will allow at least one car per every 10 linear feet. Exhibits 13-1, 13-2, 13-3, 13-4, 13-5, and 13-5 show Highway 111 parkway concepts and cross sections of three vehicular displays and three special display pads at specific locations in Pads 1, 2, and 3 along Highway 111. Each special) v u CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 27 display pad will not have stripping and will not be elevated more than one foot above the average finish grade of that display area due to safety concerns. Only new cars will be allowed within the special and regular display areas along Highway, 1 1 1. No employee or visitor parking shall be allowed in the special and regular display areas. jacks. Permanent shade structures. that match the dealers building_ colors and do not exceed 20 feet in height. are permitted for each dealer. The shade structures are not permitted to be located in the special or vehicular display areas adjacent to the landscape setback along Highway 111. B. Section 2.50.4.1.3 Special Events -Auto (pa 541: The auto mall operation will include regularly scheduled special events designed to increase the flow of traffic into the automall. These special events shall be limited to no more than 40 total days per year for the auto mall with no single event lasting more than 10 days. Concurrent or jointly sponsored events held on the same day shall count as a single day regardless of how many dealers participate. These special events may not utilize searchlights. 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 10:00 p.m. or after business hours. Additional temporary permitted uses include temporary shade structures with no color limitations. All special events under this entitlement process shall be individually considered and approved by the Community Development Director through the Temporary Use Permit process. C. Section 2.70.1 Landscape Conceit (go. 591: The landscape concept follows a "desert Oasis" theme emphasizing water efficient materials exhibiting color and form. Parking areas in the mixed regional commercial center will feature the concept of a high canopy tree form to reduce the conflict between landscape elements and project graphic. The auto mall will use tree forms sparingly and concentrate form and color along the street frontage of each dealership and/or auto related commercial pad. Most landscape areas throughout the project will be used for stormwater retention with the exception of Adams Street and only 40% of Parcels 1, 2, and 3 in Planning Areas #1 will be allowed on Highway 111. The size of the trees within the Highway 111 setback shall be a minimum of four inches in diameter eight foot tall with a six foot spread at the time of installation. If any tree dies within the Highway 111 setback area shall be replaced within 14 days. No prtining of the trees within the I lighway 111 setback am a shall be allowed w6thin four feet of the . One gallon plants shall be planted three feet on center and five gallon shrubs shall be spaced appropriately within the Highway 111 setback area. Y' 58 � CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 98 II D. Section 2.80.1.1 Signage Auto Mall (pa. 62): Only three of the dealerships have technical "frontage" on Highway 111. This Specific Plan will be consistent with the City's Highway 111 Design Theme except that one area, the signage, will have to deviate by allowing nine dealers identification monument signs in the 50 foot landscape setback area along Highway 111 under Development Scenarios 1, 2, and 3 as shown in Exhibit 17. These nine dealer identification monument signs will be lighted and will be consistent with to City's lower lighting level requirements and will comply with the City's "Dark Sky" Ordinance. In addition, two entry monument signs will be utilized along Highway 1 1 1; one entry monument sign west of the main entry and one near the corner of Adams Street and Highway 111. At the entrance on Adams Street, an entry monument sign may be allowed providing identification to both the auto mall and the mixed regional commercial center under Development Scenarios 1, 2, and 3. Specify that wall sig, is shall not be allowed o. 1 8 ie . to. th building elevations in Planning Aiea #1 fo, Development Scenarios #1, #2, Exhibit 18 shows the conceptual dealer identification monument sign and the conceptual entry monument signs proposed for Highway 111 and Adams Street. The entry monument signs can either identify "The Auto Centre at La Quinta": "the Auto Centre at La Quinta & The Auto Service Center" if applicable: ...M."61111111111 Each dealer or auto related pad will be allowed the following signage: 1. One ground mounted interior "Product Identification" sign per franchise not to exceed 40 square feet per face. This sign will be primarily for manufacturer's identification. 2. Four om wall mounted "Dealer Identification" signs with 24 inch maximum height letters. Letters shall be channel can, plex-faced, internally illuminated. Exposed raceway for the signage will be permitted if designed to be integral with the background. subject to Community Development Director approval. Architectural forms or designs may require signs to be split on more than one building .face or element, subject to Community Development Director approval 3. One secondary wall or fascia mounted sign for each department (used cars, service, parts, body shop, etc.). Two ground mounted interior signs per dealer not to exceed 40 square feet per face for advertising various departments such as used cars, service, parts. body shop. etc, to be located south of Highway 111 and east of Adams Street Signs shall be of appropriate size to be seen from La Quinta Drive, Auto Centre Drive, Auto Centre Way (North and South) and shall be sized to fit the architectural element on which it is located. CAMy Documents\WPDOCS\CCJH-StamkoAmd2.wpd 4. Directional signs shall be individually considered by the Community Development Director. 5. •• new: Banners,-i pennants, • .-nnants (including pennants mounted on are permanently •- u - Balloons,additional signs must be maintained in a "like new" condition at all times. .• - animals or other fiaures,other inflatable displays, whether-• or • are not permitted. Exhibit 19 depicts the design concept for the "Dealership Identification" and the interior "Product Identification" signs. Public Noticing: This application was advertised in the Desert Sun on April 18, 2000 and April 28, 2000. All property owners within 500 feet of the boundaries of the project were mailed a copy of the public hearing notices. As of this writing no correspondence has been received regarding this project. All appropriate outside agencies have been notified and their responses are included in the Conditions of Approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, and Introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment #2, subject to the Findings and Conditions of Approval, or do not introduce an Ordinance of the City Council approving Development Agreement 97-002, Amendment #2; or 3. Provide staff with alternative direction. Respectfully submitted, Jer Herman Co munity Development Director Approvpd for submissio b homas P. Genovese, City Manager Attachments: 1. Planning Commission Minutes of May 9, 2000 30 CAMv Documents\WPDOCS\CCJH-StamkoAmd2.wod ATTACHMENT 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA V. PUBLIC HEARINGS: A. Specific Plan 97-029. Amendment #2 and Development Agreement 97- 002. Amendment #2; a request of Stamko Development Company for a recommendation of approval to amend "The Centre at La Quinta Specific Plan" modifying the sign regulations allowing car display racks, and other minor changes; and recommendation for approval of an amendment to the Development Agreement regarding definitions. r CAMy Documents\WPDOCS\PC5-9-20.wpd 1 �� 83'�i Planning Commission Meeting May 9, 2000 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins asked staff to clarify their recommendation. 3. Chairman Kirk asked if staff w the applicant's request #3 it be each franchise. Staff clarified ,,.t to six or more freestanding si franchise and staff is recomm( dealer to identify all the uses.'' El ecommending that in regard to 3nged from each department to the applicant was .asking for up 40''square feet, per for each ng one 40 square foot sign per There being no further questions of'.staff, Chairman Kirk asked if the applicant would like to address the'Commission. Ms. Christine Clarke, representing Stamko Development Company, asked for clarification on the recommendation: 1) the signs going around the building regarding the exposed. raceway. Staff clarified that the signs on the front of the. building Apes not have exposed raceway. The raceway for thosesigns is behind the facade. It is staff's understanding they cannot put the raceway behind the other building facade because there is a beam in the way. This is an attempt to allow them to have an exposed raceway; however, the raceway has to look like it is part of the facade from the exterior, so you are putting the raceway up and the letters on top of the raceway to appear to be part of the building. 2) Permanent or temporary shade structures are to match the building colors. Her concern is that the Chrysler dealership is having a tent sale and the auto 'manufacturer sends the tents to the dealers and it is never known what the colors will be. She then displayed samples of tentsthat are located at other dealers throughout the Valley. They are asking for flexibility to allow them to use what is sent by the manufacturers and they will keep them off Highway 111. Chrysler currently has tents up to shade the workers who are washing the cars. 3) Secondary signs being unlimited for used cars, service, parts, and body shop. She would like to change #3 to read dealer not franchise and to have them located on the interior streets only, for each of the uses; 4) Balloons, banners, pennants, etc.; a specific plan should allow a development to address specific issues. Therefore they are not asking for this on the east side, but the auto mall only. In the Specific Plan and the Amendment they «3 CAMy Documents\WPDOCS\PC5-9-20.wpd 2 Planning Commission Meeting -May 9, 2000 do not comply with several City ordinances. For example, the Highway 111 Design Guidelines. The City exempted them due to problems that would be caused by some of the design requirements. They did not change the Ordinance. The Specific Plan allowed the exception. Retention is another example as well as signs on Highway 111. All of these exceptions were allowed because they had a Specific plan. She then showed examples where pennants were being used tastefully,. at. other auto dealers. They are not asking for a change in the City's Ordinance, but to handle allow the uses as a part of the Specific Plan process. If allowed, she would like a condition added that al! flags, ,pennants, etc. be kept in a "new -like" condition.. In regard ,to the Development Agreement the.,only, correction is to delete the Juvonen Trust as they are no longer apart of the Agreement. 5. Chairman Kirk asked if there was any questions of the applicant. Commissioner Tyler asked if the applicant`had an alternative to the colors of the tents. Ms. Clarke stated she is asking that this requirement be deleted as`they-have no control over the colors as they are sent from the auto manufacturers. Commissioner Tyler suggested two conditions; one for the tents supplied by the manufacturers and one for the dealer. Ms. Clarke suggested there be three; the manufacturers, those shown on the front of the property, and those on the back of the property. 6. Commissioner Abels stated he thought the manufacturers tents should be allowed and the balance of the tents should conform to staff's recommendations. 7. ` Commissioner Robbins stated that if they are to be permanent shade structures, they should match the building. if temporary, then whatever the manufacturers wants. 8. Chairman Kirk asked what the applicant wanted in regard to the 40-square foot signs. Ms. Clarke stated the dealers would like to have one sign per use. Chairman Kirk asked the applicant if she was agreeing with staff's recommendation. Ms. Clarke stated no; she would like each of the signs as requested. 9. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. CAMy Documents\WPDOCS\PC5-9-20.wpd 3 cm Planning Commission Meeting May -9, 2000 10. Commissioner Robbins stated he agreed with staff's recommendation, with the exception of the tents. He asked if there were any limits on the length of time for a temporary facility, such as a tent. Staff stated they are allowed 40 days a year under a Special Advertising Permit. Page 54 of the Specific Plan states, "...special events shall be limited to no more than 40 total days per year for the Automall, with no single event lasting more than ten days. Concurrent or jointly sponsored events held on the same day shall count as a single day, regardless .of how many dealers participate. These special events may,...." -Staff would recommend leaving the word "permanent" shade structure as it exists and take the "temporary" shade use and °put itt under the temporary use permit process. Commissioner Robbins asked if the ................__._.....-...... ...................._-........... ..........._................ Specific Plan would govern over.;�the City ordinances. City Attorney Dawn Honeywell stated the Specific Plan would govern in this case. Community Development Director Jerry Herman clarified that there is another existingauto 'dealer and other retail uses that do not have the advantage if the banners and flags are allowed at the Automall. The only way they could have the flags and banners is to amend the Ordinance to allow them the same use or they process a specific Plan. WalMart has a specific plan and could apply for an amendment to allow the banners and flags. Commissioner Robbins stated the Planning Commission does not have to approve the amendment. Staff stated that is true, but now one specific plan is being allowed and a second is being denied. 11. Commissioner Tyler stated he had met with the applicant on May 3`d to discuss the project. He is however, concerned that you are unable to see the cars from the Highway and signs are needed. In regard to the shade structures, perhaps they should limit the number per dealership. 12. Chairman Kirk stated he too met with the applicant to discuss the project. He has strong feelings in regard, to signs, but agrees that more signs are needed in this case. On staff's recommendation in regard to the ground mounted sign, there is a significant different between staff's recommendation and the applicant's request. Does the Commission want one sign per use or per dealer. 13. Commissioner Robbins stated he too met with the applicant. If the signs are put on the back side of the buildings, he has now w problem with the applicant's request. His concern is the view J 8 from Highway 1 1 1. CAMy Documents\WPD0CS\PC5-9-20.wpd 4 35 Planning Commission Meeting May 9, 2000 14. Commissioner Abels stated he too met with the applicant. 15. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-025 recommending to the City Council approval of Specific Plan 97-029, Amendment #2 as requested by the applicant and as amended: 'a. Section 2.50.4.1.1 Site reference to temporary. be the color of the buildi b. Section 2.50.4.1.3 - 5 shade structure shall be:'i C. Section 2.80.1.1 Signa square feet freestandini MWAI 3s, a cial. shall be allowed southof a Adams Street. d. A new section added >' Mall (pg. 52); delete ,ents are allowed, shall proved byataff. ents (pg.'' 54):.-temporary regardless of color :o Mall (pg 62): two 40 lent signs per dealership A ighway 111 and east of Pennants, 'including pennants mounted on lighting fiXtturesvand banners shall be allowed, kept in a "like new" condition, and can be permanent. Balloons -are not allowed ROLL CALL: AYES: "Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES None. ABSENT: Commissioner Butler. ABSTAIN: None: 16. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-026 recommending to the City Council approval of Development Agreement 97-002, Amendment #2 as submitted. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. B. Environmental Assessment 99-391. General Plan Amendment 2000-066. and Tentative Tract Map 29563; a request of Century -Crowell Communities for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, recommending to the City Council approval of an amendment to reduce cul-de-sac bulb radius dimensions for private streets from 45 feet to 38 feet, and a recommendation for approval of a tract map allowing 3 single family and other common lot on 7.65 acres. J � v CAMy Documents\WPDOCS\PC5-9-20.wpd 5 3� T4ht 4 4a Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Continued Public Hearing on Site Development Permit 2000-667, An Appeal of the Planning Commission Approval for Architectural and Landscaping Plans to Construct a One Story 6,600 Square Foot Commercial Pad Building East of Downey Savings, and Conceptual Approval of an Addition to Von's Supermarket, Located at the Southwest Corner of Highway 1 1 1 and Washington Street, Within Plaza La Quinta. Applicant: M&H Realty Partners RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Site Development Permit 2000-667, as recommended by the Planning Commission, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Continuation: The City Council considered this appeal at its meeting of May 2, 2000, and continued it to this meeting because of parking concerns. The City Council requested the applicant consider redesigning the project and provide a program to resolve the parking issues raised (Attachment 1). 5?0 p:\stan\sdp 2000-667 cc rpt 6-2.WPD sa Appeal: The City Council, at its meeting of April 18, 2000, unanimously voted to appeal the Planning Commission approval of this request and call it up for review. Project History: The building site is part of Plaza La Quinta, a 131,040 square foot commercial shopping center originally developed in the early 1980's (Attachment 2). Two turfed vacant building pad sites remain, one south of the Beer Hunter (Pad 7) and the subject site (Pad 5), immediately east of Downey Savings adjacent to Highway 111. In - season art shows have been held on the subject site for a number of years. Major tenants in the center include Von's Supermarket, The Beer Hunter, Beachside Cafe, and Downey Savings. Project Information: General Plan Land Use Designation: CC (Community Commercial with a Non -Residential Overlay) Zoning: . CC (Community Commercial with a Non-residential Overlay) Surrounding Zoning/Land Uses: North: CC / vacant commercial land South: CC / part of Plaza La Quinta East: CC / part of Plaza La Quinta West: CC / part of Plaza La Quinta Environmental Consideration: The La Quinta Community Development Department has determined this application is Categorically Exempt pursuant to Section 15303, Class 3c, of the Guidelines for Implementation of the California Environmental Quality Act in that it is for structures in an urban area where all necessary public services and facilities are available and the mitigation measure regarding additional parking is being met. Architectural and Landscaping Review Committee (ALRC) Review: The ALRC reviewed this request at its meeting of March 1, 2000, and discussed Staff's recommendations to revise the south facade, add a tile roof mansard element, modify the storefront windows and doors to provide multi -paned windows with wood mullions, muntins, and frames on a stucco ledge, and match the centers colors, textures, p:\stan\sdp 2000-667 cc rpt 6-2.WPD 590 02 materials, and construction techniques so as to provide design compatibility with the multi -tenant buildings within the center. The Committee unanimously adopted Minute Motion 2000-005, recommending approval, subject to conditions requiring architectural changes (Attachment 3). Revised Project Request: As a result of the last City Council meeting, the applicants have withdrawn their request to expand Von's Supermarket (Attachment 4). This will eliminate 4,444 square feet of new floor space previously proposed to be added to the center. No other changes or revisions are proposed with regards to parking. The applicants have submitted a revised parking requirement study deducting the Von's Supermarket expansion from the parking count and using the City's current zoning requirements. Proposed is a multiple tenant commercial pad building with 6,300 square feet of floor area (Attachment 5). The building is set back 50 feet from Highway 1 1 1, as required by the General Plan. The tenant entries face south towards the interior of the center. The building is one story (22 feet high) and will have a combination flat and sloped clay tile roof. The two towers at the southeast and southwest corners of the building have an intersecting tile gable roof. A portion of the back of each intersecting gable roof will be cutout to allow installation of a roof top air conditioner. The parapet (flat) walls will be topped with a decorative cornice treatment. Decorative quadrafoils are shown in the eave of each gable end. Multi -paned doors and windows on a stucco ledge are used. Facing Highway 1 1 1, a tile overhang which is an extension of the adjoining roof will be provided attached to the parapet wall above false windows covering utility room areas. Proposed exterior lighting will match that used in the shopping center. The building will utilize exterior plaster walls in two light colors to match those used in the center and a matching accent tile trim around the windows and several wall areas. The matching tile roof material will match the existing and be "mudded". A conceptual landscaping plan with a plant pallette has been submitted. The existing trees along the west perimeter will be removed, while those next to Highway 1 1 1 will be retained along with most of the turf. Plants materials include some of those used in the center, as well as others compatible in growth patterns, water needs, and appearance. The existing sign program for the center, which allows externally illuminated wood framed tile and wood hanging or wall mounted signs is to be used for the new building. Revised Parking Provisions: A revised calculation of the parking required per Section 9.150.060 (Table 1502) of the Zoning Code for the center based on one space per 250 square feet (for retail centers over 50,000 square feet) after the new pad building construction requires 517 5 9 j p:\stan\sdp 2000-667 cc rpt 6-2.WPD 03 parking spaces. The center with the new pad building and deleting the Von's Supermarket expansion will have 129,033 square feet of floor space. The Zoning Code allows 20% of the total floor area of the center to be restaurant use or which is 25,807 square feet of restaurant. With a restaurant of 3,300 square foot in the new pad building, 20,766 square feet of restaurant area will be provided which is within the allowed 25,807 square feet without requiring additional parking spaces. Proposed parking totals 599 spaces including five new spaces adjacent to the east side of the proposed building (after loss of two existing spaces on south side of new building, and 11 new stalls south of the Beer Hunter after loss of three existing spaces for access) on Pad 7 (Attachment 6). Therefore, the new spaces total 16 parking spaces. The revised parking space count also includes 17 parking spaces which will not be eliminated due to the deletion of the Von's Supermarket expansion. Pursuant to Section 9.150.060 D1 of the Zoning Code, the applicant is providing 82 off-street parking in excess of the minimum code requirements in order to assure adequate parking is provided. The recommended Conditions of Approval provide for 11 parking spaces on Pad 7 (Condition #23) and the development of a parking plan for Plaza La Quinta employees (Condition #24). Unless addressed now, the provision for additional right-of-way necessary for the bus stop pull out to be located on Pad 7 could be precluded. Therefore, to help reduce the employee parking demand and provide a safer bus loading and unloading area which might encourage more employee use of the bus system, Conditions #23 and #24 has been modified to require the dedication of additional right-of-way and the encouragement of bus usage. The construction of the turn out and ultimate bus shelter will be completed at a later time and is not the responsibility of the developer. Public Notice: This Site Development Permit application was advertised in the Desert Sun newspaper on April 21, 2000. All property owners within 500 feet of the site and all tenants in the center were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review: All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review: The Planning Commission reviewed this request at its meetings of March 14, and April 11, 2000.. At the first hearing, a number of tenants in the center spoke regarding the difficult parking situation in the east end of the center during the winter season. The Commission continued the application and directed the applicant to address a number of issues (Attachment 7). These include the building designs compatibility with the existing center, the sign program for the building, proposed uses in the new building, 5 9 -1 employee parking, and customer parking adequacy. ow p:\stan\sdp 2000-667 cc rpt 6-2.WPD 04 At the April 11, hearing the applicant presented revised architectural drawings for the new building, plans for 15 additional spaces on the east side of the building and next to the Beer Hunter, and an employee parking program for the center. After discussion including continued concerns from tenants, the Commission unanimously adopted Resolution 2000-012, approving this request, subject to the Findings and Conditions of Approval (Attachment 8). The Planning Commission approval includes a condition that the applicant implement a draft employee parking program requiring they park behind the center to the south (Attachment 9). Once this area fills up, alternate spaces are proposed adjacent to Highway 1 1 1. Additional parking lot lighting at the rear of the center is proposed to increase security for the employees. This program includes employee sticker or pass use and "20 minute parking" for those spaces adjacent to the front of the main multi - tenant portion of the Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Site Development Permit 2000-667, as recommended by the Planning Commission, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving Site Development Permit 2000-667; or 3. Provide staff with alternative direction. Respectfully subMitted, HerKan, Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council minutes for the meeting of May 2, 2000 2. Location Map 3. ALRC minutes for the meeting of March 1, 2000 [� 4. Letter from applicant dated May 19, 2000 p:\stan\sdp 2000-667 cc rpt 6-2.WPD 05 5. Architectural Plans (for City Council only) 6. Parking plan for spaces south of Beer Hunter 7. Planning Commission minutes for meeting of March 14, 2000 8. Planning Commission minutes for meeting of April 11, 2000 9. Proposed Parking Program for employees p:\stan\sdp 2000-667 cc rpt 6-2.WPD RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A COMMERCIAL PAD BUILDING WITHIN PLAZA LA QUINTA, SUBJECT TO CONDITIONS CASE NO.: SITE DEVELOPMENT PERMIT 2000-667 APPLICANT: M&H REALTY PARTNERS WHEREAS, the City Council of the City of La Quinta, California, did on the 6t' day of June, 2000, hold a Public Hearing continued from the 2"d day of May, 2000, to consider an appeal of a Planning Commission approval of a request of M&H REALTY PARTNERS to approve the construction plans for a 6,300 square foot commercial pad building and addition to Von's Supermarket (now withdrawn), west of the southwest corner of Washington Street and Highway 1 1 1, within Plaza La Quinta more particularly described as: APN: 604-050-0161 009, 010, AND 013 WHEREAS, the Planning Commission on April 11 2000, at a regular meeting, adopted Resolution 2000-012, approving the architectural and landscaping plans for the new building and approving the conceptual plan for an addition to Von's Supermarket, subject to conditions; and, WHEREAS, the Architecture and Landscaping Review Committee, on March 1, 2000, at a regular meeting, adopted Minute Motion 2000-005, recommending approval of the architectural and landscaping plans for the new building, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify approval of said Site Development Permit: 1. Consistency with the General Plan- The General Plan designates the project area as Community Commercial (with a Non -Residential Overlay). The proposed commercial building and addition is consistent with the commercial designation of the property. 2. Consistency with the Zoning Code- The proposed commercial building is designed to comply with the Zoning Code requirements, including but not limited to the 50 foot setback from Highway 1 1 1, height limits, parking, lot 5 Rl coverage, and sign size. p:\stan\sdp 2000-667 cc res.wpd tJ U Resolution 2000- Site Development Permit 2000-667 June 6, 2000 3. Compliance with CEQA- This application is categorically exempt pursuant to Section 15303, Class 3c, of the Guidelines for Implementation of the California Environmental Quality Act in that it is for structures each not exceeding 10,000 square feet in an urban area where all necessary public services and facilities are available and the mitigation measure regarding additional parking is being met. 4. Architectural Design- With the minor recommended changes, the 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 building uses styles, colors, and materials matching those used in the center. 5. Site Design- With the recommended changes, 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 the site design complies with applicable site design requirements and is designed to be compatible with the center and surrounding neighborhood. The plan includes provisions for 16 new parking spaces in the most impacted area of the center. 6. Landscape Design- Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide 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, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. 7. Sign Program- With use of the existing sign program, the building will be consistent with the intent of the Zoning Code and be in harmony and visually related to the proposed building and surrounding Plaza La Quinta shopping center. 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; 5 9 U11 p:\stan\sdp 2000-667 cc res.wpd U 8 Resolution 2000- Site Development Permit 2000-667 June 6, 2000 2. That it does hereby approve Site Development Permit 2000-667 for the reasons set forth in this Resolution, subject to the Conditions of Approval labeled Exhibit "A", attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California p:\stan\sdp 2000-667 cc res.wpd V 0 9 RESOLUTION 2000- EXHIBIT "All CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS JUNE 6, 2000 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2000-667, unless otherwise amended by the following conditions. 2. The approved Site Development Permit for the commercial pad building shall be used within one year of the date of approval; otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in the La Quinta Zoning Code Section 9.200.080. 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 Site Development Permit. 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. Final architectural working drawings for the buildings, substantially conforming to this approval, including all revisions required by the permit shall be submitted to the Community Development Department for approval prior to issuance of a building permit by the Building and Safety Department. 5. 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) 590 O p:\stan\sdp 2000-667 cc coa.Wpd -L RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS JUNE 6, 2000 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. 6. All letters from utility or service agencies on file in the Community Development Department shall be complied with. FIRE MARSHAL 7. Provide or show there exists a water system for the residential units capable of delivering 1500 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. 8. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2- 1 /2" x 2-1 /2") located not less than 25' or more than 165' from any portion of the buildings as measured along approved vehicular travel ways. 9. 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. 10. Prior to the issuance of a building permit applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 1 1 . 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 feet of a hydrant and a minimum of 25 feet from the building. 12. Install a supervised water flow fire alarm system as required by the UBC/Riverside County Fire Department and National Fire Protection Standard 72. 11 p:\stan\sdp 2000-667 cc coa.Wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS JUNE 6, 2000 13. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire department Planning and Engineering office for requirements. 14. 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. 15. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months of approval. 16. Final conditions will be addressed when the architectural building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. FEES 17. The applicant shall comply with the terms and requirements of the Development Impact Program in effect at the time of issuance of building permit. PUBLIC WORKS 18. The applicant/developer shall remove the existing asphalt handicapped ramp from the parking area on east side of the proposed building, and if necessary to maintain required handicap spaces, replace the ramp with an approved concrete structure. MISCELLANEOUS 19. 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 issuance of a building permit by the Building and Safety Department. Plans shall include a minimum of two 24" box (minimum 2 inch caliper) on the east side of new building. 20. Prior to issuance of a building permit, the following revisions or notes on the plans shall be made to the building plans, subject to the approval of the Community Development Director: Goo 12 p:\stan\sdp 2000-667 cc coa.Wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2000-667 M&H REALTY PARTNERS JUNE 6, 2000 A. The roof tile shall be "mudded" to match that used in the center. B. Walkways around the building shall match that used in the center. C. Storefront windows shall use brown wood or similar composite frames, be multi -paned, and utilize a plaster wall and ledge along the bottom, similar to that used in the center. 21. Materials, colors and plaster finish shall match those used in the multi -tenant portion of the center. 22. The building shall use the existing sign program to identify the tenants. 23. Prior to issuance of first building permit for tenant improvement, the new parking area on Pad 7 (1 1 spaces) shown on the plan next to the Beer Hunter shall be installed. In addition, the necessary right-of-way along Washington Street to accommodate a bus pull out area shall be incorporated into the design and dedicated prior to any construction on Pad 7. Final design of entry to spaces shall be approved by Public Works Department and Community Development Department to ensure safe ingress and egress. 24. The final Proposed Parking Plan for Plaza La Quinta employees including reference to the encouragement and incentives for bus usage, shall be submitted to the Community Development Department and implemented prior to issuance of the first tenant improvement plan for construction authorized by this permit. 13 p:\stan\sdp 2000-667 cc coa.Wpd ATTACHMENT 1 City_ Council Minutes City Manager Genovese review in two to four we Council reconvened and FXIZIIauA - None - None 1,()- May 2, 2000 the survey will be brought back for Council to and until 7:00 p.m. PUBLIC HEARINGS 1. PUBLIC HEARING ON SITE DEVELOPMENT PERMIT 2000-667 - AN APPEAL OF PLANNING COMMISSION APPROVAL FOR ARCHITECTURAL AND LANDSCAPING PLANS TO CONSTRUCT A ONE-STORY, 6,600 SQ. FT.,. COMMERCIAL PAD BUILDING EAST OF DOWNEY SAVINGS AND THE CONCEPTUAL APPROVAL OF AN ADDITION TO VON'S SUPERMARKET LOCATED AT THE SOUTHWEST CORNER - OF HIGHWAY 111 AND WASHINGTON STREET WITHIN PLAZA LA QUINTA. APPLICANT: M&H REALTY PARTNERS. The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m. Community Development Director Herman presented the staff report. David Geiser, of M & H Realty Partners, noted they are proposing to construct a 6,600 sq. ft. building on a parcel originally approved for 10,000 sq. ft. and a parking area on a parcel originally approved for a 4,500 sq. ft. building. They also propose to increase parking near the two restaurants in conjunction with an employee parking program. Council Member Adolph voiced concern about the parking plan. Mr. Geiser stated the proposed plan yields the greatest number of parking spaces and that the two spaces on either side of the entrance to the parking area on Pad 7 can be eliminated to increase visibility. u15 City Council Minutes 11 May 2, 2000 In response to Mayor Pena, Mr. Geiser stated he understood the General Plan does not allow parking in the 50-foot setback area. As for service truck deliveries at the restaurant, they will be front access only. Council Member Henderson suggested the possibility of eliminating or changing the right -in, right -out access at the center entrance. Mr. Geiser felt elimination of the center ingress/egress would create more cross traffic and make the parking problem worse. In response to Mayor Pena, Mr. Geiser reported approximately 50 parking spaces exist in the rear of the shopping center. Council Member Sniff suggested reconfiguring the building to provide additional parking north of the building. Mr. Herman advised a General Plan amendment would be needed to allow parking in the 50-foot setback area and the change would affect the entire Highway 111 frontage, not just the subject property. In response to Council Member Sniff, City Attorney Honeywell advised the portion of the shopping center that is already developed becomes vested as it is built but the undeveloped sites have to meet the current General Plan requirements. Bob Thomas, 78-483 Highway 111, of The Beer Hunter, was concerned that having another restaurant in the area would result in one of the three restaurants going out of business due to insufficient parking. Mr. Geiser noted the restaurant is only 2,000 sq. ft. with a dining area of approximately 1,200 sq. ft. He believed the employee parking program would improve the parking situation. Rob Parker, 78-285 Highway 111, owner of Groomingdales, commented on the Von's expansion and their lack of use of the delivery ramp. He also questioned where delivery trucks would park when making deliveries at the new restaurant and voiced concern about increased traffic in the shopping center. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:47 p.m. Council Member Henderson asked how many employees there are at the shopping center. City. Council Minutes 12 May 2, 2000 Mr. Herman responded that information is part of the study the applicant has to prepare. In response to Council Member Henderson, City Manager Genovese advised the City can request a bus turnout but he was not sure .it could be made a condition of approval. SunLine has indicated they do not expect to change or eliminate the bus stop. In response to Council Member Adolph, Mr. Herman confirmed the parking spaces behind the shopping center was intended for employee parking. Council Member Sniff was concerned there would be insufficient parking for three restaurants and that the driveway area would be blocked by .delivery trucks. In response to Council Member Henderson, Mr. Geiser explained the lease. restrictions and how they relate to location of competitive businesses. He also confirmed the businesses in the shopping center, including Vons, have employee entrances at the back of the building and that use of the loading docks can be enforced. He felt enforcement of the employee parking program would increase the number of available parking spaces in the main parking areas. Council Member Adolph suggested the possibility of putting the restaurant on Pad 7, to which Mr. Geiser responded there's not enough space. In response to Mayor Pena, Mr. Geiser stated it would not be economically feasible to relocate Lumpy's. Council Member Henderson felt the employee parking program is vital to the success of the shopping center and questioned there being a legal reason to deny the project. Mr. Geiser stated delivery hours can be. restricted by the City when it reviews the restaurant's application. In response to Council Member Henderson, Mr. Geiser confirmed the employee parking program has to be in place prior to receiving an occupancy permit. Council Member Adolph stated he has a problem approving the project because of the additional traffic gridlock it will create. In response to Council Member Henderson, Ms. Honeywell advised Council can allow the Von's expansion but decide not to make the required environmental 60, City Council Minutes 13 May 2, 2000 findings or approve the City zoning requirements for the pad. She said there is basis to require additions to the minimum parking requirements for a commercial area if Council feels it does not work correctly for the entire shopping center. Mr. Geiser stated he would withdraw the Von's expansion and deal with it separately in order to get approval of the restaurant building pad. Council Member Sniff suggested building only the 2,000 sq. ft. restaurant with delivery parking on the east side of the building. Mr. Herman advised there will be no further review of tenant uses for the pad building if the Site Development Permit is approved. Dale Omer 42-580 Stardust Place, Bermuda Dunes, co-owner of the Beachside Cafe, stated it's difficult to enforce delivery times and it is unsafe to require female employees to park behind the building after dark. MOTION - It was moved by Council Members Adolph/$niff to deny Site Development Permit 2000-667 based on the environmental concerns that the traffic circulation is not adequate and that Council cannot make the findings that the exemption for CEQA is met. Council Member Henderson wished to see the item continued in order to. give the employee parking program a chance to see if it will work. Council Member Sniff supported a continuance to give the developer an opportunity to submit an alternate plan that will address the traffic and parking concerns. Motion was withdrawn. MOTION - It was moved by Council Members Sniff/Henderson to continue consideration of Site Development Permit 2000-667 for M & H Realty Partners (Plaza La Quinta) to June 6, 2000 to give the developer an opportunity to submit a redesign of the project that addresses the traffic and parking concerns. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-73. 6Vv U18 4..*'2'.,: ST=RANCIS ,` ASSIST CHURcf CASE MAP CASE No. SDP 2000-667 M&H REALTY PARTNERS ATTACHMENT 2 "OW: I \ NORTH SCALE: NTS 6y r ' ATAC H M E NT 3 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 1, 2000 10:00 a.m. I. CALL TO ORDER _n A. This meeting of the Architectural and Landscaping Committee.was called to order at 10:03 a.m. by Planning Manager Christine di Iorio who led'the flag salute. B. Committee Members present: Bill Bobbitt and Deuas`Cunningham. C. It was moved and seconded by Committee Members CunninghamBobbitt to excuse Committee Member Reynolds. Unanimdiisly approved. �a D. Staff present: Planning Manage, hristine di Iorio, Principal Planner Stan Sawa, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. �µ II. PUBLIC COMMENT: None. III. CONFIRMATION OF AGENDA: Confirmed. IV. CONSENT CAL AR: A. Planr9dManager Christine di Iorio asked if there were any changes to the Minutes of FP6ruary 2, 2000. There being no corrections, it was moved 'and seconded by C91hmittee Members Bobbitt/Cunningham to approve the minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permit 2000-667; a request of M & H Realty Partners for approval of architectural and landscaping plans for a 6,600 square foot commercial pad building located at the southwest corner of Highway 11.1 and Washington Street within Plaza La Quinta. I Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked the applicant if he would like to address the Committee. Fj U CAMy Docdments\WPDOCSWLRC 3-1-OO.wpd 1 vim® Architectural & Landscape Review Committee Minutes March 1, 2000 3. Mr. David Geiser, M & H Realty Partners, owners of the Plaza La Quinta Shopping Center stated they have gone to great extent to see that this building matches the rest of the center. It is their intention to maintain the architectural integrity of the existing. design. To them, the issue is that staff is asking them to have a tile mansard roof on south elevation. To -them the Center itself has a lot of different architectural features especially, where the tower is located and the plaza opens up. The idea is that as you see the building from Highway 111, it will match the rest of the Center, but from the Center looking north they want the outdoor plaza look with an outdoor sitting area to be the focal point. The arcade as suggested by staff, would create an area that would be more of a travel through than a sit down plaza. In contrast to staff s opinion, the flat trellis look does. present the human scale which adds to the architectural character of the Center and increases the connection between the two buildings. They strongly want to keep the trellis as it will be a selling point. The blue the around the doors is to match. the existing Center as well as the exposed wood. They do not object to changing the doors on. the trash enclosure to metal. They can change the windows as recommended by staff.. Regarding the recommendation of staff for a wood storefront, they are requesting to use some of the newer building material technology to create a newer storefront system. They would be willing to use a plaster bullhead, but wood mullions are difficult to maintain. He went on to list the architectural details of the building that matched the Center. A second issue in staffs recommendation is Item #1, where staff is asking them be resubmitted their plans to the Community Development Department for review prior to submitting fora building permit. They have. submitted their plans and want to be able to continue with the plan check process. 4. Committee Member Cunningham stated it is hard to create a rendering that will give a true description of what the project will look like, but in this instance the only item that appears to match the rest of the Center is the lamppost. This particular Center has a lot of texture that this building is missing. By not using mullions. you lose the texture look. This building gives the appearance of a contemporary Spanish take off. This looks more like the Albertson Plaza across the street. Plaza La Quinta had the higher tile and full mudded tiles. The tiles on this building will have to match the rest of the Center exactly. When the Plaza was built, the developer created a more Spanish look. This store should be a. continuation of what is there and to_be god the wrong_direction. He is not opposed to the trellis idea, _.. but the rest of the building looks like a box store. Mr. Geiser stated that on the. north elevation the details are the same. They are trying to combine all the elements of the Center. 5. Committee Member Cunningham asked if they agreed with all of staffs recommendations. Mr. Geiser stated they did. Committee Member f'j U Cunningham reiterated they do. not want the storefront look. For the r-%Mv nncuments\WPDOCSWLRC 3-1-OO.wpd 2 U Architectural & Landscape Review Committee Minutes March 1, 2000 windows, they could use a composite material that looks like wood and use true divided lights, but to stay close to staff s recommendations. This building is an in -fill that does have a distinct style. 6. Committee Member Bobbitt stated he agrees with Committee Member Cunningham. The east and north elevation are fine. The windows are not the same as the rest of the Center, but do resemble the Downey Savings building. The detail that is missing is a tower element. This building is all. flat. This is what is missing and a key element that should be included. The south elevation lacks architectural detail: On the rest of the Center you can see tile from every angle. Mr. Geiser stated they too wanted to have the tower element, but there is a height restriction on Highway 111 that prohibits the tower. Their original design did have the tower and mansard roof. Mr. Geiser stated you would be able to see bits and pieces of tile from different angles as you traveled through the Center and he agrees the building would be better with a tower. Committee Member Bobbitt stated the walls are straight and the Center has a lot of variations. 7.. Committee Member Cunningham stated that if this. was done in a rendering form you could see how the tile would be used. He reiterated that the problem is that this Center has so much texture and these elevations do not give a true feel for how the building will look and if it will blend in. This building is to be a part of the group. A tower would be great, but it would be difficult with the regulations as they are today, Mr. Geiser stated this building will be located next to the focal tower element of the Center and if they did add a tower, the two might fight with each other. 8. Committee Member Bobbitt stated that as you enter the Center you will see the effect. He does like the doors on the north elevation. As long as the south elevation has the same window effect he wouldn't object. Mr. Geiser stated the building may change with the addition of tenants who may want additional windows on the south elevation; could this be approved administratively. Staff stated yes. 9. Committee. Member Bobbitt asked if this piece of property takes up the entire pad area. Staff stated yes. Committee Member Bobbitt asked if staff was willing to give on the tile mansard roof. Staff stated this was the first _building_that vyould-no ve the..tile.. In addition,.the applicant was asking for an amendment to the sign program to use all wall mounted signs instead of the hanging signs that are a part of the multi -tenant port of the Center. Also a concern, is that this building faces south and will need more shade than the trellis will provide. Mr. Geiser stated they would place the shade cloth and the plants. In regard to the signs, the way the building is designed there is no place to put the signs, except on the building fronts. 609 rAMv Documents\WPDOCS\ALRC 34-00.wo 3 V2ti Architectural & Landscape Review Committee Minutes March 1, 2000 10. Committee Member Cunningham stated the Center was designed to create a "Village" atmosphere. He likes the trellis because it opens it and is in keeping with the Center. The only issue he does not want to drop, is the storefront. The windows and front application should be the same as the remainder of the Center. 11. Committee Member Bobbitt stated he didn't dislike the building and he too likes the trellis treatment. As far as the signs, the Center does have buildings with wall signs as well. His recommendation would be to approve the building with staffs recommendations with the deletion of the mansard roof and tile for the south elevation. He asked if there was anyway to get the tower element without the full mansard roof. Mr. -Geiser stated it will look like you are just trying to add tile. Committee Member Bobbitt asked if the building would have the popouts around the windows. Mr. Geiser stated they will be the same as the existing tile popouts on the Center. 12. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2000-005 recommending approval of Site Development Permit 2000-667, subject to conditions as amended. a. Conditions 3.A.: deleted. b. Condition 3.D.: Storefront windows and doors shall use brown wood frames or similar composite materials. C. Condition 4: Materials, colors, and stucco finish shall match those used in the multi -tenant portion of the Center. Unanimously approved. B. Pe a request of the James R. Paul for approval of chitectural and landscaping p-Ians for a multi -tenant industrial/office building to ted at the northwest corner of Dune -Palms Road and Corporate Center Drive withLa Quinta Corporate Center Specific Plan. 1. Associate Planner Leslie Mouriquand presented the information contained in the sikff report, a copy of which is on file in the Community Development Department. 2. Committee Member Cunningham asked Mr. Bob Ricciardi; architect for the project, for hig*Vresentation. Mr.. Ricciardi stated that due to the Specific Plan requirements the buildings are not the typical, industrial style. However, they did need to accommodate the cost element therefore, the southwest look was selected with as miich storefront glass as possible. They are using. wood beam lintels and smaller" windows to create the southwest look. With the landscaping they are trying o meet the Specific Plan requirements. �•*�•• r,.. Pntc\WPDOCS\ALRC 3-1-OO.wpd 4 ATTACHMENT 4 M&H PROPERTY MANAGEMENT, INC. May 19, 2000 City of La Quinta Community Development Department Stan Sawa 78-495 Calle Tampico La Quinta, CA 92253-1504 760.777.7125 Re- Proposed Pad 5 Building PIaza La Quinta - La Quinta, CA Dear Mr. Sawa, 12555 High Bluff Drive Suite 385 San Diego, California 92130 Ph: 858.259.9909 Fax:858.259,8886 In response to the comments by the City Council at the May 3, 2000 meeting regarding Site Development Permit 2000-667 for the Plaza La Quinta Shopping Center, we are withdrawing the portion of our application that specifically addresses the Vons Expansion. With the elimination of the expansion axea the parking demand at the center based on square footage is greatly reduced. Per the revised parking calculation, see attached exhibit, the total parking spaces required per the City of La Quinta Zoning Ordinance is 539 spaces. With the addition of the 1.1 spaces next to the Beerhunter and Beachside Cafe on Parcel 7 and the additional spaces added to Parcel 5, the total parking spaces provided will total 610 spaces_ This represents a total of 71 additional spaces to the required total of 539 spaces, an increase of over 13 % . If we were to look at Parcel 5 exclusively, a 6,3W sf retaiI building would require just over 28 stalls based on the 1/250 ratio outlined in the Zoning Ordinance. With the addition of 5 more stalls on this Parcel as a part of our proposal, we would be providing 39 parking spaces on Parcel 5 alone,11 more spaces than required. Over the last few months we have worked with the City of La Quinta Planning Staff, Architectural Review Committee and Planning Commission to provide them with all of the information, requested changes and mitigation measures that they have asked for. We feel strongly that this proposed addition to our center is vital to the continued success of Plaza La Quinta and that this project completely complies with all Zoning Ordinances said applicable Building Codes. We look forward to discussing this matter again at the June 6, 2000 Citv Council Meeting_ Please do not hesitate to call me directly with any questions or if you need any additional information. Thank you. Sincerely, M&H PROPERTY MANAGEMENT INC. David Geiser, AIA Director of Design/Construction f1' i r 0 2 [q� .L �'l� L 1 HA Y �'Af �l G PApov L 7 • PLAZA to C MI TR ' oYP> o_ ATTACHMENT 6 `�' ' . Y ,. •• may.. NI 77.041 C R E 41" O, 0,4' ROOF • '. � SS � ' <�-w,,�{mac?��N J:„' �'.: O ,. ....•' � � .. I -�,o �5 \ � ' _ • P+�' �� • I Q � war.-s �/ (J',GplCIA51:1,�'•p`� , ��. ... � 'i. � ,•. � .�•. ,. nI II6'D�A.yrE Q ��8° OPEN •C: 14 MOMNG • • : :,,�� -g��. • \, :� �. l,� PAR �,►�� Nary 1°�►�-rNE�s 6 �- �' �SPP dsl�° oo• Z51 2000 • �. I GO NT A � YO f'1 A2fr L. /"lVlECrVF-D 3 SS: s ,\ ai �sroyy�o f'D /Ty DE�� c• ATTACHMENT -7 Planning Commission Meeting March 14, 2000 b. Condition #19: elete the last part of the sentence: "Prior to the opening/the applicant would be required to pay a license fee of 780." Unanimously 6. It was/artment d seconded by Commissioners Abels/Butler to adopt otion 2000-006, approving Minor Use Permit 2000-ct to the Findings and Conditions of Approval as amend a. #18: Add, "Commercial food and beverage hat are not selling prepacked food items, shall permit from the Riverside County Health nt and all commercial vendors will be required to ity business license." b. Condition #19: Delete the last part of the sentence: "Prior to the opening, the applicant would be required to pay a license fee of $780." VI. PUBLIC HEARINGS: A. Site Development Permit 2000-667; a request of M & H Realty Partners for approval of development plans for a 6,600 square foot commercial pad building located at the southwest corner of Washington Street and Highway - 111, within Plaza La Quinta. 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Abels stated the site plan on display was not the same as . what had been submitted to the Commission. The parking stalls on the east side are not indicated on their site. Staff stated parking stalls will be added to the east elevation. Commissioner Abels asked if the total number of stalls noted in the staff report was correct. Staff pointed out the additional stalls on the site plan. 1613 CAMy Documents\WPDOCS\PC3-14-20.wpd 3 U �" Planning Commission Meeting March 14, 2000 3. Commissioner Tyler noted his site plan denotes parking spaces next to Highway 111 and asked how many parking stalls were being added. Staff stated three parking spaces were being added. 4. Commissioner Butler asked if the 50-foot landscape setback could be used for additional parking. Staff stated it could not. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Geiser, M & H Realty Partners, asked if he could speak after the public comment period. 6. Mr. James Elmer, 78-477 Highway .1 1 1, representing the Beachside. Cafe, stated he is allowed 15 parking spaces according to the parking study. He seats 60 patrons outside and 115 inside and has 22 employees per shift. There are not enough parking spaces even for his restaurant. Then, the Beer Hunter utilizes parking spaces all the way to Downey Savings and his customers are complaining about how far away they have to park. To add this building with additional parking demands to an already bad situation, is something he does not want to see happen. 7. Ms. Freddie Hall, Broker Associate of. Fred Sands Realty, stated she has been at this Center since 1974, and the best use of this site would be a parking lot. She requested this item be continued to allow.time to notify all the tenants of the Center. One of the problems is that the restaurant parking starts before the businesses are closed. She asked if the parking requirements were the same requirements used when approving similar projects. There are parking spaces behind the buildings for the employees, but they do not feel safe and do not use them. She went on to note the number of parking spaces allotted to each of the tenants. 8. Chairman Kirk asked if this project met the current parking standards. Staff stated.that based on the current requirements, it does. With regards to shopping center requirements, if the shopping center contains 50,000 square feet or more, the requirement would be one space per 250 square feet. As this is a mixed use site shared parking standards apply. Staff went on to explain how the parking requirements are determined. 9. Ms. Holly Escobedo, the Book Rack, 78329 Highway 1 1 1, stated her concerns about the parking. She is allowed five parking spaces and has four employees. She does park in the rear of .the 6 1 CAMy Documents\WPD0CS\PC3-14-20.wpd 4 Planning Commission Meeting March 14, 2000 building and even there she has a hard time finding a parking space. She is a retail business and if she has to look in the back, where are her customers parking. Customers have stated they will not come in because they will not carry their books from across the parking lot. She asked if anyone had checked to see how many of the parking spaces are currently being used and why wasn't underground parking considered. 10. Ms. Kathy Smith, TL Millers and Associates, 78-451 Highway 111, stated she works two doors down from the Beachside Cafe and would like to request the Commission come to the site and review the parking. There is no parking. When her job required her to go to court she is concerned there will not be a parking space available when she gets back. In the back, the parking is limited. There has been vandalism and cars stolen, so it is not safe. 11. Chairman Kirk asked if the applicant would like to address the Commission at this time. Mr. David Geiser, Director of Design for M & H Realty Partners, .stated he knew there was a parking issue at this Center, but that is due to it being a successful Center. Pads 5 and 7 are both available for development. They have no plans to develop Pad 7 as the Beer Hunter desires to install a patio on a portion of this location. As pointed out in their parking study the Code does allow the development as proposed. He went on to review the parking requirements. Because of the parking problem they have brought a manager on site to, handle the parking issues and the new development. They are considering developing Pad. 7 for parking. The issue is the tenant mix; they have two popular restaurants at the same end of the Center. The idea they hope to implement is enforceable employee parking in the rear of the buildings. If safety is an issue, the property manager needs to be informed to address the issue. The site is allowed to be developed based on the requirements of the Center, per the Code and law. The Vons Supermarket remodel is to expand the back and east side of the store and will impact the parking minimally. Their concern is that this store will leave the Center if they cannot generate more business. They need an additional 9,500 square feet for them. He noted the site plan in the Commission packet is correct and there is no additional parking proposed for the east side of the building. In regard to staff's statement that any tenant could modify their sign is incorrect; this is a multi -tenant in -line building. The design of the building does not allow for a hanging6l CAMy Documents\WPDOCS\PC3-14-20.wpd 5 Ur:.a7 Planning Commission Meeting March 14, 2000 sign as there is in some portions of the Center. This sign program is consistent with what is there because there are a variety of signs currently being allowed in the Center. They did not want to apply for any variances, but only to build what is allowed by the City Code. The design of the building was a function of what is there at the Center. He went on to note the similarities between this building and the other buildings and show the changes made to their plans based on the Architecture and Landscaping Review Committee's (ALRC) recommendation. Lastly, staff is requesting Von's Shopping apply for their remodel under their own site development permit. It helps them in their negotiations with Vons to have a site approval by the Planning Commission. 12. Commissioner Abels stated he had no objection to including the Von's expansion, but what happens to the existing tenants. Mr. Geiser stated they will move them possibly into this new building. Commissioner Abels stated he was glad to hear they are willing to take the parking into consideration. Perhaps this should be continued to a future date to consider the parking. He had spoken to people at the Vons Shopping market and they stated they did not have any idea about. an expansion. He asked how many parking spaces would be supplied by converting Pad 7. Mr. Geiser stated about 15 more stalls. 13. Commissioner Robbins asked if the applicant would have any objection to making the development of parking on Pad 7 a part of the conditions. Mr. Geiser stated he would have no objection if the application is not continued. If the Commission wants a parking plan as part of the approval, he has no objection. 14. Commissioner Butler.stated the drawing does show the changes as recommended by the ALRC, but he believes staff's recommendation is also valid. The raised parapets do allow signs to be installed at this location. His concerns about these issues as well as the parking, and seeing that the tenants are notified are enough to warrant a continuance of the project. The tenants have a right to know what is proposed here. Mr. Geiser stated they know there is a problem with parking and they are working to resolve those issues. If the Commission is going to continue the project for issues other than parking, then he is in favor. In regard to the notification of the tenants, it is unfortunate but the City only requires a developer to notice property owners. Commissioner Butler stated that in addition to this, the 61 CAMy Documents\WPDOCS\PC3-14-20.wpd 6 U 3 0 Planning Commission Meeting March 14, 2000 architectural detail has:not been addressed as recommended by staff. Mr. Geiser stated they have addressed everything except the mansard roof, which the ALRC agreed with them. Staff has now changed their opinion and brought a new issue. Staff's recommendation is not possible. 15. Commissioner Tyler asked if the parking study included the parking spaces in the rear. Mr. Geiser stated yes. Commissioner Tyler asked if there were enough parking spaces in the back for the number of employees. Mr. Geiser stated they have not done an employee parking study, but have provided the number of parking spaces required by City Code. Commissioner Tyler asked if the Von's expansion would eliminate any of the parking spaces. Mr. Geiser stated yes and it was included in its study. Commissioner Tyler asked what tenants would be going into this new building. Mr. Geiser stated Rubio's Baja Grill, a pet business and dry cleaner are proposed. Discussion followed regarding the parking plan. Commissioner Tyler stated he, as . well as the other Commissioners, have all looked at the area and agree with the parking problem. He too, is concerned with the design. From the south you see a building design throughout the Center that contains the roofs and this building has no tile, which does not blend with the Center. Mr. Geiser stated they do not want a row of clay tile roofs, but rather a variety to the site by the use of the details used in the building. He gave examples of those details. Commissioner Tyler asked if there were any examples of the Von's expansion. Mr. Geiser stated the architectural portion of that permit would come back to the Commission. 16. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the hearing for Commission discussion. Staff showed pictures of the architectural style of the existing building. Chairman Kirk asked if there were pictures of Downey Savings as well. Staff displayed additional pictures of the Center. 17. Commissioner Abels stated the biggest problem is parking and even though it conforms to Code, it is a problem. He is glad to see the owner is willing to turn Pad 7 into parking. 18. Commissioner Robbins was also concerned with the parking and that one of the proposed tenants for this new building is a restaurant which will increase the intensity of the parking problem. CAMy Documents\WPDOCS\PC3-14-20.wpd 7 617 631. Planning Commission Meeting March 14, 2000 The only way he could resolve this is to make the conversion of Pad 7 into parking. In regard to the architecture, he personally is not drawn to the red tile. The design of the building allows for several locations for signs and to him it would detract from the building to have them hanging. He asked if the Commission could deny the project even though it conforms with the Code. City Attorney Dawn Honeywell stated the Commission can look at the environmental considerations. Even though the Zoning Code is met, the issues raised have to be mitigated, which is how the problem with parking could be addressed. Commissioner Robbins stated he had no problem with the addition of the Von's expansion. 19. Commissioner Butler stated his issues were the parking and architectural design of the building. *He concurs with staff's recommendations and even though the applicant noted his opinion, he thinks the covered walkways and tile should be included. 20. Commissioner Tyler stated it was nice to consider Pad 7 for parking, but even that additional parking will create problems with access. He asked staff if they could add the Von's expansion if it had not been a part of the public hearing notice. 21. Community Development Director Jerry Herman asked the applicant if the front elevation of Von's, or the empty pads that would be used for the expansion, would have be changed. Mr. Geiser stated that since the elevations of the shop buildings are lower the front would change. Staff noted this would have to have a condition added to the approval requiring these elevations to be approved by staff, or they would have to be submitted as a different application. 22. Commissioner Tyler stated he has no problem with the trellis, but in order to blend in the south elevation, the building needs to add the roof tile. 23. Chairman Kirk stated he agrees there is a parking problem. He also agrees with Commissioner Butler in that the architecture is an issue. He is not pleased with the Downey Savings building as it also does not fit in with the rest of the Center. Signs are a real issue as well. As this is not a single tenant, but a multi -tenant, problems are raised. Perhaps the building could be reduced in size to add the additional parking. CAMy Documents\WPDOCS\PC3-14-20.wpd 8 61 u� Planning Commission Meeting March 14, 2000 24. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to continue this project to April 11, 2000. Staff noted that with the continuance, staff would notify the tenants of the hearing. In addition, this will allow the applicant time to submit the elevations for the Von's expansion. 25. Commissioner Butler stated there are unanswered questions regarding the Beer Hunter outdoor seating as well. Staff noted that was not part of this application. 26. Chairman Kirk asked the applicant if he had any questions. Mr. Geiser stated the Commission has identified the issues, but provided no direction for him to address. He would therefore, prefer they act on the project at this time and allow him to appeal their decision. Chairman Kirk asked staff if they had any suggestions. 27. Commissioner Abels stated he thought the applicant should obtain. approval 'by the Planning Commission. 28. Commissioner Robbins stated the applicant should respond to the same issues he would appeal to the City Council. Mr. Geiser stated the parking issue cannot be resolved. If the Commission is going to vote no because of the parking, then let him go forward on an appeal 29. Commissioner Tyler stated ALRC is a recommending body to the Planning Commission. The Planning Commission is a recommending body to the Council except in some cases .such as Site Development Permits, where the Commission. has the final action. 30. 'Chairman Kirk stated he did not believe the parking issue was a fatal flaw, provided the applicant came back and addressed the issues, they may be resolved. 31. There being no further discussion, the Commission voted on the motion. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Kirk recessed at 8:43 p.m. and reconvened at 8:50 p.m. 613 u 3 3 ATTACHMENT 8 Planning Commission Meeting April 11, 2000 V. 71� BUSINESS ITEMS: A. IN Site Development Permit 2000-674; a request of T.D. Desert evelopment for approval -of architectural plans for two new prototype r 'dential units within Rancho La Quinta Country Club. 1. Vice Chairman Robbins requested the. staff report. Principal nner Stan Sawa presented the information contained in the st f report, a copy of which is on file in the Community Dev opment Department. 2. There%ing no discussion, it was moved and seconded by Commis Hers Abels/Butler to adopt Minute Motion 2000-008 approving ite Development Permit 2000-674 as recommended. Unanimousl approved. PUBLIC HEARINGS: A. Tentalive Tract Map \ide request of KSL Casitas Corporation for approval to subdivide acres into 30 resort residential and miscellaneous lots on the of Avenida Obregon, south of Avenida Fernando within the La Resort and Club grounds. 1. Vice Chairman Robbins c the staff report. Principal had requested a continue resolve issues. d the Public Hearing and asked for ner Stan Sawa stated the applicant of this application to allow time to 2. There being no discussion, it as moved and seconded by Commissioners Butler/Abels to ntinue Tentative Tract Map 29702 to April 25, 2000. Unanim sly approved. B. Continued - Site Development Permit 200-667; a request of M & H Realty Partners for approval of development plans for a 6'600 square foot commercial pad building and addition to Von's Supermarket located at the southwest corner of Washington Street and Highway 11, within Plaza La Quinta. 1. Vice Chairman Robbins opened the continued Public Hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff stated that per the City's Zoning Code Section 9.150.060(d)(1) does require CAMy Documents\WPDOCS\PC4-1 l-20.wpd 3 Planning Commission Meeting April 11, 2000 that adequate off-street parking be provided for uses even if that use is providing parking at the minimum required level and therefore, additional parking can be required if it is deemed necessary. Staff noted an additional Condition ##24 should therefore be added stating: "The final proposed parking program for Plaza La Quinta employees be implemented prior to issuance of a building permit for construction authorized by this permit." In regard to the Von's Supermarket expansion, staff is not recommending it at this time as staff does not have adequate plans to understand what that addition will look like. 2. Vice Chairman Robbins asked if there. were any questions of staff. Commissioner Tyler asked for clarification on the number of parking spaces. Staff stated the figure noted in the staff report includes the five . extra parking spaces proposed with the implementation of the new plan. Commissioner Tyler stated he likes the parking program especially the employee parking, but asked if it was under the Commission's purview. City Attorney. Dawn Honeywell stated that it does so long as the critical issue being looked at is trying to deal with the parking- on this site and in order to approve the environmental and find under the Zoning Code that adequate parking is being provided, it is .reasonable to include that type of a parking condition on this site. Otherwise if the Commission did not know the parking plan was to be in place, the Commission would not be able to make the findings that are necessary. 3. Commissioner Butler asked if this is increasing the number of spaces for employee parking in the back of the building. Staff stated there is an area behind Von's where there can be spaces, but it has been re -stripped which .eliminated some of the spaces. They could add seven spaces in this area. Commissioner Butler asked if they could realign the parking to one way to get more spaces. Staff stated they did not believe it would help. 4. Commissioner Abels asked if the traffic was two-way with the parking spaces. Staff stated it is an odd shape area which follows the back of the building. Commissioner Abels asked if parking could be increased if the traffic was one way. Staff stated parking already exists and is a truck loading are as well. Community Development Director Jerry Herman stated that by reducing the traffic to one lane they would not gain any additional spaces. �� A5 Planning Commission Meeting April 11, 2000 With implementation of proposed employee parking these spaces would then be used. Commissioner Abels commended the developer for trying to meet the Commission's request. 5. Vice Chairman Robbins asked if the new building would use the hanging wooden signs. Staff stated there is some provision for wall signs, but the signage would be required to match the existing sign program. The applicant does have the option to come back for a revision to the sign program. 6. Commissioner. Abels stated the proposed expansion for Von's shows the expansion going down to the Fred Sand building with the front exterior being the same. Staff stated that is true, but if you look at the site, the area to be added onto is immediately adjacent to the tower over the Fred Sands offices. Their proposed plans do not show how the expansion will fit in with the tower. 7. Commissioner Tyler stated that at the last meeting, a question was raised about underground parking; has this been looked at and is it totally out of the question. Staff stated they,did not consider it and is not aware whether or not the applicant has. 8. Vice Chairman Robbins asked if the applicant would like to address the Commission. Mr. David Geiser, M & H Realty asked to speak after the others had spoken. 9. Vice Chairman Robbins asked if anyone. else Would like to address the Commission on this issue. Mr. Rob Parker, owner of Groomingdales, stated he may be going to the new building, or somewhere due to the expansion of Von's and this is a major concern to him. He is not opposed to the expansion of Von's, or to whatever would be a benefit to M&H Realty Partners, but he is concerned about tenants who are in partnership with M&H in this entire project and its viability in the community. He would like to know where Von's freight vehicles will load and unload if this area is to be for employee parking. He has 12 employees parking there where there are 20 parking spaces that will be removed. This whole area behind Von's that is stripped for parking is a problem for parking because of the freight trucks are unloading. His other concern is the corridor in front of the proposed building as it is C:\My Documents\WPDOCS\PC4-1 1-20.wpd 5 3 b Planning Commission Meeting April 11, 2000 dangerous now and more so with the new construction. He recollects this pad originally showed a development on this pad, but the Von's expansion of 4,000 feet is not a part of the original plan for the Center. It seems to him that if the developer is wanting an exception to the plan they should provide mitigation measures and the only place to mitigate is in this strip and that is where it is drastically needed. He knows of three accidents this year in this corridor in front of the proposed building. This is one of the main entrances/exits into the Center. The traffic conditions and flow are a nightmare which concerns him. Two of his clients have had accidents and he has heard of a third. There should be some other way to mitigate these problems. He is not opposed to any. of the proposed changes, but with the expansion of Von's, there is more that could and should be done with this pad area as it is the only other alternative to mitigate it. There will be a high volume fast food restaurant, currently there is a highly successful Beer Hunter restaurant, and the Beachside Cafe all located at one end of the Center with their parking extending all the way down to Von's parking area now. Adding the new fast food business, that is known to be very successful, will be a major nightmare on that end of the Center. When you look at the parking the 'least amount is at the east end and the most on the west end. If they wanted to put the proposed building in the middle of the Von's parking lot no one would care. 10. Commissioner Abels asked if this proposed building was reduced to two stores, would this help. Mr. Parker stated he suggested this, that if spaces are needed for the Von's expansion and to move the dry cleaners and his business, they needed to look at the traffic flow and additional parking, for all the tenants. There is no way to mitigate the problem once the changes are made. He is not relocated to the new building yet and not involved in the parking problems that exist, but if he does move to the new location he is going to miss his current location. 11. Mr. Dan Held, General Manager and Partner in the Beer Hunter restaurant, stated his concern is the parking problem. The parking is tight as it is now and he is not sure the employee parking would be of any great benefit. They are currently asking their employees to park on the west side of Downey Savings. Parking is not adequate now and with the additional business, it will clog the parking even more. He agrees that if it were constructed on the west side of Downey Savings, it would not be of any concern. U3 Planning Commission Meeting April 11, 2000 12. Mr. Parker, Groomingdales, asked if the proposed expansion of Von's could be conditioned to require 100% relocation of the dry cleaners and his business prior to issuance of a building permit so they would not lose any customers. 13. Mr. David Geiser, M&H Realty Partners, stated the option of building anywhere else is not possible as they do not have any control over Von's parking lot and they would not approve any construction in that area. The issue of mitigation is.valid. The original approval for the Center allowed the construction of a 10,000 square foot building on Pad 5 and a 4,500 square foot building on Pad 7 next to the Beer Hunter.. They are proposing a 6,600 square building on Pad 5, which is a 3,400 square foot reduction .from what was. originally proposed and approved and parking instead of building on Pad 7. In their opinion, they are voluntarily placing more restrictive mitigation measures, more than goes to their desire to develop their property as well as address the parking issue. As far as Von's expansion, the desire is to increase the ability of Von's to maintain their market share with all the new markets that have come into the area. This is a requirement Von's has to keep them at this Center, Currently, the plans across the street for development includes a Von's Supermarket. They need the expansion to keep Von's as an anchor for this Center and he believes the tenants would agree with this. The Von's expansion is more important than the pad building as far as the success of the Center. This is a successful Center and the parking lot is full because of this. It is a tenant mix problem they acquired with the purchase of the Center. They are trying to address this parking problem with the parking program to increase the.amount of parking for the patrons. As all the tenants observe the employee parking program, and as their manager on site enforces this program, they should see a difference. As to requiring them to implement this program before they obtain a building permit; this is a draft program and the tenants have not seen a copy of the parking program and they need time for their review and input.. He asked that they tie it to the tenant improvements. He then gave a clarification on parking count. The 11 parking spaces on Pad 7, next to Beer Hunter are not included in the parking count of 599. The Von's expansion is -9,300 square feet, but only adds 4,400 square feet to the total building area. He has submitted new elevations based on what has been* asked by the Commission. They have not backed off their original sign request to allow the channel letter signs for the new tenants. It is important to pad building tenants that signs can been seen at C:\My Documents\WPDOCS\PC4-1 l-20.wpd 7 f j U tV Planning Commission Meeting April 11, 2000 night. In addition, they will have revised Landscape plans consisting of the same plant material. They have added parking on the east side of the Pad 5, which caused them to lose some of the parking on south side of Pad 5. Again, they would request tying the parking study with final inspection rather than issuance of a building permit to allow them time to work with a civil engineer and the tenants. 14. Commissioner Abels asked about the relocation of the tenants. Mr. Geiser stated the tenant would be relocated before any Von's remodeling would take place. Commissioner Abels asked if the tenants would incur any expense. Mr. Geiser stated it is all spelled out in the lease before anything starts. Community Development Director stated the tenant issue is not a purview of the Commission. 15. Commissioner Tyler stated currently on the south side of Pad 5, there are a number of parking spaces including two handicapped spaces, and he understands they may reduce the number of. spaces in this area and he wanted to know why. Mr. Geiser stated there were no handicapped spaces at this location. They are in front of the building on the south side. They moved the patio from the east side of the building on the drive isle of Pad 5, which caused the elimination of two parking spaces to accommodate moving the building to the west so they could add the spaces on the east side of the building. Commissioner Tyler asked if there was any thought to underground parking. Mr. Geiser stated underground parking is very expensive and not feasible. It would require them to dig opening a hole the size of the parking lot allowing for no parking during the construction and would probably close the Center. 16. Commissioner Tyler asked if he would have any problem with having two tenants instead of three. Mr. Geiser stated that with 6,600 square feet they may have one tenant, or could have up to four tenants. Currently, it appears there will be three. They design for the greatest flexibility for an undermined number of tenants, over a period of time. 17. Commissioner Butler stated he had a concern with the maximizing of the parking when looking at his map, showing employee parking with no indication as to whether or not it will be re -stripped, or is C:\My Documents\WPDOCS\PC4-11-20.wpd 8 '), ` (13 Planning Commission Meeting April 11, 2000 that all that will be designated for employee parking. Second, is there a problem with the parking behind Von's due to the loading and unloading of trucks. Mr. Geiser stated that in the employee parking agreement, it is not a re -striping or designation on the parking stalls as to employee parking. Instead, the employees will be educated, to understand this is their area. Commissioner Butler asked if the area could be re -striped to add more parking spaces. Mr. Geiser stated they have looked at re -striping to gain more, but because of the planted parking islands, they cannot gain any more spaces. In regard to the parking in the rear behind Von's, they are required to have a 24 foot wide fire access as well as truck access. The trucks are .not to be using this area except for their loading/unloading area. If there is a problem, they will have to address the issue with Von's. 18. Commissioner Butler asked if Mr. Geiser had a problem with continuing the Von's expansion. Mr. Geiser stated all they were looking for was approval of the site plan. The elevations would come back to the Commission for review and approval. 19. Commissioner Butler stated that in regard to the signage and use of illuminated channel letter, he was uncertain. Mr. Geiser stated all the pads buildings had illuminated channel letters. 20. Commissioner Abels asked if there would be additional dialog with tenants regarding -the parking. Mr. Geiser stated that if the Commission would hold the building final till there was an approval of the parking plan. This would allow them the time to work a solution with the tenants regarding the parking. 21. Commissioner Tyler asked if Von's could come back for review of . the elevations. Staff stated the conditions were written to require the elevations to come back to the Commission. In regard to the sign program, only the major tenants have the individually mounted illuminated signs and this is a multiple tenant building. Mr. Geiser stated that is in keeping with the Center across the street, such as Starbucks, Airtouch, etc. 22. Mr. Jim Elmer, Beachside Cafe, stated his concern is parking spaces. This new site will have only 11 new spaces and those will be taken up by the employees; where are the customers going CAMy Documents\WPDOCS\PC4-1 l-20.wpd 9 U40 Planning Commission Meeting April 11, 2000 to go. His restaurant does not have enough for their business as well as the Beer Hunter. The need is for 50 more parking spaces. If the new restaurant is going to seat 100 people, where are they going to park. 23. Ms. Donna Corde, Lumpy's, stated her concern was the issue of deliveries and whether the parking spaces would be blocked with the deliveries. 24. There being no further public comment, Vice Chairman Robbins closed the public participation portion of the hearing and opened the hearing for Commission discussion. 25. Commissioner Butler stated that with some conditions, the applicant has addressed the issue of the elevations, but the parking is still not resolved. When you have a shared parking policies, it is hard to resolve issues of this kind. He would feel more comfortable having the applicant coming back with a parking. program. In regard to the Von's expansion, he has no problem approving the expansion concept. In regard to the signs, he still has a problem with their proposal. 26. Commissioner Tyler stated he agreed with the redesign of the building. The parking problem has improved, but is still a problem and he is not sure there is any solution to the problem. Employee parking program is viable, but may have an enforcement problem. He is not sure about the Von's expansion, but if it comes back, then he has no objection to approving the concept. 27. Commissioner Abels stated this is a situation where everyone wins or loses. The applicant has done all he can do with its limitations. In regard to Von's expansion, he has no objection to the concept. Glad to see a viable center that is active all the time and the applicant should be commended on such a successful center. 28. Vice Chairman Robbins agreed with the redesign of the building and that the parking is a problem, but no real solution is available. He asked staff if the parking problem could be tied to the issuance of occupancy. Comomunity Development Director Jerry Herman stated the problem with occupancy is that when you construct the building, tenants move in. Now, we are saying the tenant cannot be there and it becomes a problem with enforcement. City Attorney Dawn Honeywell stated it is difficult because you affect third party rights; the tenant who is ready to move in and v �'� 1. Planning Commission Meeting April 11, 2000 economically, for reasons not in their control, the City says they cannot move in. The City prefers this be resolved before permits are issued rather than before occupancy. It would be to the applicant's advantage to resolve the parking, before constructing a building that a tenant cannot move into. Vice Chairman Robbins stated he did not want to put. a stop to the applicant's ability to continue developing. 29. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-012 approving .Site Development Permit 2000- 667, as amended. a. Condition #1: The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2000-667, unless otherwise amended . by the following conditions. The site plan expansion of Von's Supermarket is conceptually approved. The elevation of the expansion shall be submitted to the Planning Commission for approval. b. Condition #23: Add, "specify the parking area is referenced as Attachment 5 on Pad 7". C. Condition #24: The final parking plan program for Plaza La Quinta employees shall be submitted to the Community Development Department and for approval and implemented prior to issuance of first tenant improvement plan for construction authorized by this permit. The building shell can be built. ROLL CALL: AYES: Commissioners Abels, Butler, Tyler, and Vice Chairman Robbins. NOES: None. ABSTAIN: None. ABSENT: Chairman Kirk. Vice Chairman recessed the meeting at 8:47 p.m. and resumed the meeting at 8:53 p.m. M ev - , a request of World Develo nt for approval to subdivide 2.44 acres into ten single family residential s, one street lot, three landscape lots, and approval of architectural a landscape plans for four prototype residential units. 0 0 A 2 r•\Mv nnrnmP..ntc\WPI)OCS\PC4-11-20.wnd 1 1 M&H ATTACHMENT 9 PROPERTY MANAGEMENT, INC. March 27, 2000 Re: Proposed Parking Program Plaza La Quinta - La Quinta, CA 78-401 Highway 111, Suite'V' La Quinta, California 92253 Ph: 760.771.4580 Fax: 760.771.4680 In efforts to increase the availability of prime parking spaces for Plaza La Quinta customers, the following parking recommendations have been prepared for evaluation by the Property Management and Tenants of Plaza La Quinta. Based on the anticipated effectiveness of the recommendations, all or part of this list shall become the Parking Program for Plaza La Quinta to be implemented and enforced by Property Management and adhered to by the Tenants. • All Tenants and employees of Tenants leasing spaces 1 thru 17 shall endeavor to park in the designated spaces behind (south side) the Center. Should spaces be unavailable behind the Center for these individuals, they shall endeavor to park in designated 'Employee Parking' area in front of Voris adjacent to Highway 111, see attached map. • All Tenants and employees of Tenants leasing spaces 18 thru 27 shall endeavor to park in the designated spaces behind (south side) the Center. Should spaces be unavailable for these individuals, they shall endeavor to park in front of their lease space in the row of parking facing Hwy 111, see attached map. • All Tenants and employees of Tenants leasing second floor office space (suites 29 thru 38) shall park in the designated spaces behind (south side). the Center, see attached map. • The spaces that park directly in front of Tenant spaces 1 thu 24 shall have curbs painted green with the text'20 MIN. PARIGNG' painted at the front end.of the stall. • To address safety concerns at the rear of the Center, lights shall be added at the rear -building wall or on light standards to provide a minimum of three foot-candles of light throughout the rear parking area from dusk until dawn. Lights to be activated by light sensor. • A site plan designating Tenant and employee parking areas and alternate areas shall be distributed to all Tenants. These plans shall be mounted in a conspicuous employee area of each Tenant space. • Parking 'passes', 'stickers' or other identifying devices shall be mounted in each Tenant and employee vehicle for compliance identification by the Property Management. It is recognized that only with active Tenant and employee participation will this program be successful and that it is to the Tenant's and employees benefit that this program succeed. The Contact person for the Property Management is: Bonnie Loza M&H Property Management 78-401 Highway 111, Suite'V' Plaza La Quinta La Quinta, CA 92253 760.771.4580 6&w + 4 r) / 13H1S NOiDNIHSVM C® � Z X d W a B ai �� 0 u4 Tiht 4 4 Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact (Environmental Assessment 99-391) and Approve General Plan Amendment 2000-066 and Tentative Tract Map 29563, a Request to Amend the City's Circulation Element to Reduce the Size of Private Street Cul-de- sacs from 90 feet (45 foot radius) to 76 feet (38 foot radius) and Approval of a 30 Lot Single Subdivision with Private Street Located on the North Side of Westward Ho Drive, 150 feet West of Dune Palms Road. Applicant: Century -Crowell Communities WI •kill ► �_ •► AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration (Environmental Assessment 99-391) for General Plan Amendment 2000-066 and Tentative Tract Map 29563, subject to the Findings and Mitigation Measures, and Adopt a Resolution of the City Council approving General Plan Amendment 2000-066 allowing private street cul-de-sac bulbs to be 76 feet instead of 90 feet, subject to the Findings and Conditions, and Adopt a Resolution of the City Council approving Tentative Tract Map 29563, subject to the Findings and Conditions of Approval. None. None. A STCC Tr29563 Hopk - 41 63� The subject property is located on the north side of Westward Ho Drive, 150 feet west of Dune Palms Road and currently used as a golf driving range (Attachment 1). The La Quinta High School is located to the south of the site, across Westward Ho Drive. Westward Ho Drive is designated as a Collector Street in the City's General Plan Circulation Element. The prototype design of the houses for this project were approved by the Planning Commission under Site Development Permit 99-648 for the under construction Aliso Del Rey project to the north of this site (i.e., Tract 27519 consisting of 70 single family lots) in 1999. The single story houses range in size from 1,500 square feet to 2,008 square feet. On May 23, 2000, the Planning Commission, on a 4-0 vote, adopted Resolution 2000-031 permitting a two story house plan (Plan 5L). The Planning Commission considered this request at its meeting of May 9, 2000, and recommended approval by adoption of Resolutions 2000-027 (EA), 2000-028 (GPA), and 2000-029 (TTM), subject to findings and conditions. A copy of the minutes is attached (Attachment 2). Project Request The applicant has submitted a General Plan Amendment application to modify the General Plan Circulation Element design standards for cul-de-sacs on private streets from a 90 feet (45 foot radius) to 76 feet (38 foot radius). The Fire Department has submitted a letter supporting the radius reduction request (Attachment 3). This property is designated Low Density Residential allowing up to four dwelling units per acre. The proposal requests 30 dwelling units on 7.65 acres, resulting in an overall density of 3.9 units per acre. Lot sizes average 8,454 square feet. Typical lot frontage widths are 60 feet. One access entrance (Street Lot "B") for the Tract is proposed on Westward Ho Drive (Attachment 4). Lot "K", located at the southeast corner of the Tract, will serve as the retention basin. A conceptual common area landscape plan has been submitted showing trees and shrubs for parkway and retention basin areas (Attachment 5). Plant materials are to match those approved for use in Tract 27519. Public Notice: This request was advertised in the Desert Sun newspaper on May 15, 2000, and mailed to all property owners within 500 feet of the Tract boundaries. To date, no written correspondence has been received. If any comments are received, they will be distributed at the meeting. Public Agency Review: All written comments received are on file with the Community Development Department. All applicable agency comments are part of the Conditions of Approval. 63 A STCC Tr29563 Hopk - 41 Findings necessary to approve this request can be made per Section 9.230.020 of the Zoning Ordinance and Section 13.12.130 of the Subdivision Ordinance and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration (Environmental Assessment 99-391) for General Plan Amendment 2000-066 and Tentative Tract Map 29563, subject to the Findings and Mitigation Measures, and Adopt a Resolution of the City Council approving General Plan Amendment 2000-066 allowing private street cul-de-sac bulbs to be 76 feet instead of 90 feet, subject to the Findings and Conditions, and Adopt a Resolution of the City Council approving Tentative Tract Map 29563, subject to the Findings and Conditions of Approval; or 2. Do not adopt Resolutions certifying a Mitigated Negative Declaration, approving a General Plan Amendment, and approving a Tentative Tract Map; or 3. Provide staff with alternative direction. Respectfully submitted, Hermhn, Community Development Director Approved for Submission by: Thomas P. Genovese, City Manager A STCC Tr29563 Hopk - 41 63� u3 Attachments: 1. Location Map 2. Draft Planning Commission Minutes (Excerpt) 3. Fire Department Letter 4. Tract Map Exhibit 5. Concept Landscape Plan 6. Large Map (Council only) A STCC Tr29563 Hopk - 41 UV4 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2000-066 TO REDUCE THE RADIUS FROM 45' TO 38' FOR PRIVATE CUL-DE-SAC STREETS PER TABLE 2-CIR OF THE CIRCULATION ELEMENT, AND FOR TENTATIVE TRACT MAP 29563 TO ALLOW A 30-LOT SINGLE FAMILY SUBDIVISION LOCATED ON THE NORTH SIDE OF WESTWARD HO DRIVE, 150- FEET WEST OF DUNE PALMS ROAD ENVIRONMENTAL ASSESSMENT 99-391 WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, hold a duly -noticed Public Hearing as requested by Century - Crowell Communities on the Environmental Analysis for General Plan Amendment 2000-066 and Tentative Tract Map 29563, generally located on the north side of Westward Ho Drive, approximately 150-feet west of Dune Palms Road, and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 9th day of May, 2000, hold a duly -noticed Public Hearing for General Plan Amendment 2000-066 and Tentative Tract Map 29563, and on a vote of 4-0 adopted Resolution 2000-027 recommended to the City Council certification, more particularly described as: Assessor's Parcel Number 604-061-019 (Portion); Portion of SE 1 /4 of the SW 1 /4 of Section 20, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California 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 and has determined that although the proposed amendment and subdivision could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made conditions of approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, Reso CC - EA 99-391 ALISO -41 �3 vU5 Resolution 2000- Environmental Assessment 99-391- Recommended June 6, 2000 WHEREAS, the La Quinta City Council did find the following facts to justify certification of said Environmental Assessment: 1 . The proposed General Plan Amendment is consistent with the goals, objectives, and policies of the General Plan Circulation Element as the Fire Marshal recommends the reduced size of the cul-de-sacs within the City. This action will not have the potential to degrade the quality of the environment, with the implementation of mitigation measures, as the noise, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts that could not be mitigated to levels of insignificance. 2. The proposed General Plan Amendment and Tentative Tract Map will not have the potential to achieve short term goals to the disadvantage of long-term goals, with the successful implementation of mitigation, as the noise, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts with regard to this issue. 3. The proposed General Plan Amendment and Tentative Tract Map will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, as the noise, geotechnical, hydrological, and cultural resources studies prepared for this project did not identify any significant impacts with regard to this issue. 4. The proposed General Plan Amendment and Tentative Tract Map will not have environmental effects that will adversely affect human, either directly or indirectly, with the implementation of mitigation, as the noise, geotechnical, and hydrological studies prepared for this project did not identify any significant impact with regard to the public health, safety, or general welfare. 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 certify the environmental determination and mitigation measures of Environmental Assessment 99-391 for proposed General Plan Amendment 2000-066 and Tentative Tract Map 29563. 6;1 ^ A:\ResoCC EA99-391Alisol 6-OO.wpd 0 UUb PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6t' day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California A:\ResoCC EA99-391Alisol 6-OO.wpd 63 r U U 1 1. 2 3 4 5 6 7 EA 99-391 Appendix G Environmental Checklist Form Project Title: TTM 29563 and GPA 2000-066 - Aliso Del Rey H Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact Person and Phone Number: Leslie Mouriquand (760) 777-7125 Project Location: North side of Westward Ho Drive, 150 feet west of Dune Palms Road Project Sponsor's Name and Address: Century Crowell 1535 South "D" Street, Suite 200 San Bernardino, CA 92408 General Plan Designation: LDR (Low Density Residential) Zoning: RL (Low Density Residential) 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.) Subdivide 7.65 acres into 30 single family residential lots, other common lots, and construct housing units ranging in size from 1,500 to 2,100 square feet. General Plan Amendment 2000-066 proposes to modify Table 2 of the Circulation Element to reduce the size of cul-de-sac bulbs for private streets from a radii of 45 feet to 38 feet. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North - single family residential South - public high school campus East - single family residential West - single family residential and vacant residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None identified. P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd -1- 6 3u U Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Hazards and Hazardous Public Services Materials Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils Population and Housing 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. 11 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 revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I � I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 11 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigate(f" 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. 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, 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, nothing further is required. 11 �Z Vlle- Lj-44 -azz� (:�ig ture Printed Name zo Date For 630 -2,/ U 9 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) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less 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 XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd -3 - v61' 0 Sample question: Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: L AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (Master Environmental Assessment 5-13) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Master Environmental Assessment 5-13) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to on -agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Site visit, aerial photographs) M. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 / 1 /:1 X X X X 64 t1.1 -4- c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Master Environmental Assessment 5-44) e) Create objectionable odors affecting a substantial number of people? (Application Materials) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment 5-5) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment 5-5; site visit) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment 5-5; site visit) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment 5-5, site visit) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) V. CULTURAL RESOURCES: Would the project: K1 X K11 91 M a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Master X Environmental Assessment 5-21; Archaeological Advisory Group, Dec. 1999) P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd a R9 0 X 64,- -s- v b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Archaeological Advisory Group, Dec. 1999) c) Disturb or destroy a unique paleontological resource or site? (Paleontology Lakebed Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (Archaeological Advisory Group, Dec. 1999) VL GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Master Environmental Assessment 6-7; Sladden Engineering, March 8, 2000) ii) Strong seismic ground shaking'? (Master Environmental Assessment 6-7) iii) Seismic -related ground failure, including liquefaction? (Master Environmental Assessment 6-7) iv) Landslides? (Master Environmental Assessment 6-7) b) Result in substantial soil erosion or the loss of topsoil? (Application Materials) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (Sladden Engineering, March 8, 2000) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sladden Engineering, March 8, 2000) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) X ►a M X X X X X X X X 0 VQ, HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Emma, Riverside County Hazardous Materials Division, April 24, 2000) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-I1) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VHI. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? ( ) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Dudek & Associates, Nov. 17, 1999) P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd X 91 ►0 X X X /1 K/ V 0 f 41 -�- u14 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Dudek & Associates, Nov. 17, 1999) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control ? (Dudek & Associates, Nov. 17, 1999) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) X X X g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) X IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Master Environmental Assessment 2-11) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Master Environmental Assessment 6-17, 6-19; Gordon Bricken & Associates, March 22, 2000) b) Exposure of persons to or generation of excessive groundborne vibration or groundbornc noise levels? (Gordon Bricken & Associates, March 22, 2000) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Gordon Bricken & Associates, March 22, 2000) X X X X M KI 94 X v d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XH. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (Application Materials) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Fire Marshal letter, 12-16-99 & 4-10-00) Police protection? ( ) Schools? (DSUSD letter, 12-8-99) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: 1:1 X X X X X X X X X R. M 6 4 �; P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd l/ 1, -9- XVL a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Application Materials; Master Environmental Assessment 3-7) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Master Environmental Assessment 3- 7; General Plan 3-13) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) ? (Application Materials) e) Result in inadequate emergency access? (Application Materials; Fire Marshal letter) f) Result in inadequate parking capacity? (Application Materials; Zoning Code -Parking) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks) ? (General Plan) UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ( ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD letter, Dec. 16, 1999) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (CVWD letter, Dec. 16, 1999) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (CVWD letter, Dec. 16, 1999) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (CVWD letter, Dec. 16, 1999) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan) XVH. MANDATORY FINDINGS OF SIGNIFICANCE: P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd V.1 91 X X X X X X V4 tj 1'7 -10- 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 or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ( ) b) Does the project have the potential to 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 project, and the effects of probable future projects)? ( ) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the. earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES Gordon Bricken & Associates Acoustical Analysis, Tract 29563, City of La Quinta, March 22, 2000. X 0 0 Dudek & Associates Aliso II - Tentative Tract 29563 Preliminary Drainage Study, La Quinta, CA., Nov. 17, 1999. Sladden Engineering 6 4 V P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd -11- 0 Geotechnical Investigation: Aliso 11- Hopkins Property, Tract 29563, La Quinta, CA., March 8, 2000. Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. Archaeological Advisory Group Cultural Resources Assessment for Tentative Tract 29563, LA Quinta, California (Aliso 2 Project), December 1999. Emma, Riverside County Hazardous Materials Division, 4-24-2000, personal communication. Fire Marshal letter, dated 4-11-00 & 12-16-99 CVWD letter dated 12-16-99 DSUSD letter, dated 12-8-99 City of La Quinta Municipal Code P:\CEQAchecklistTTM29563GPA2000-066CenturyEA 99-391.wpd 6 4a vlJC ADDENDUM TO ENVIRONMENTAL CHECKLIST EA 99-391 IV. f. The project site is within an area designated as potential habitat for the Coachella Giant Sand Treader Cricket and the Coachella Valley Fringe Toed Lizard. The project site is a developed golf school that has been graded, turfed, and in use for several years. There is no undisturbed or undeveloped habitat within the project site. The site is within the Habitat Conservation Plan mitigation fee area for the Coachella Valley Fringe Toed Lizard. While there is no natural habitat left within the project boundaries, the mandated $100 fee per acre of disturbed land will be required as mitigation. This mitigation reduces impacts to biological resources to a level of insignificance (Source: Master Environmental Assessment, 5-5). VI. a.ii. The project is located in a seismically active area. The proposed subdivision is located within a Zone IV groundshaking zone, within 3/4-mile of an inferred and inactive fault. The potential for seismic activity should be considered in structure design. As a minimum, the Uniform Building Code requirements for Seismic Zone 4 will be considered in design. The geotechnical report for the project provides seismic design criteria. This mitigation measure will ensure that impacts from seismic activity will be reduced to a less than significant level. IX. b. The applicant proposes a 38-foot radius for a private street cul de sac. The General Plan Circulation Element requires that cul-de-sac radii are at least 45-feet for private streets, resulting in the proposed project conflicting with the City General Plan. The applicant proposes General Plan Amendment 2000-066 to modify Table 2 of the Circulation Element to reduce the size of cul de sac bulbs for private streets from a radii of 45 feet to 38 feet. A letter from the Riverside County Fire Department, dated April 10, 2000, indicates that a 38' radius to face of curb is acceptable and is the standard used in the unincorporated areas of the County. The 38' radius prohibits any curb side parking as the entire cul-de-sac is required to properly turn fire department vehicles. Mitigation for the proposed cul-de-sac reduction from 45' to 38' shall be the adoption of GPA 2000-066, otherwise a 45' radius shall be required. IX. a. Single family residential communities are considered noise sensitive land uses along with schools, hospitals, and churches. A noise study was prepared for the proposed project by Gordon Bricken & Associates, March 22, 2000, wherein it was determined that noise mitigation is required. The primary noise source in the project area is traffic noise from Westward Ho Drive. Exterior backyard living areas adjacent to Westward Ho Drive will be exposed to worst case traffic noise levels of over 60 CNEL at Lots 1 to 6, 29 and 30. The grading plan shows that the pads will be below the grade of the P:\AddendumEA99-391TTM29563.wpd 6 i U uti� street, providing some shielding by the grade slope. To mitigate projected noise impacts, a barrier at least 5-feet in height should be wrapped around the sides of Lots 8, 1, 30 and 29 for a distance equal to the setback of the house from the rear property line. The barrier should be constructed of solid materials without any openings. Concrete block, slumpstone, earthen berm or steel are acceptable materials. The City's interior noise standard for single family residential units is 45 CNEL. All homes throughout the project will meet the City's 45 CNEL interior noise standard without building upgrades, with closed windows and mechanical ventilation. The noise study showed that there is a potential for temporary construction noise impacts. To mitigate short-term construction noise impacts, construction shall comply with the City's Municipal Code regarding construction activities near existing residential development which are limited to the hours of 7 a.m. to 5:30 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturday. Construction will not be permitted on Sunday or Federal holidays. These mitigation measures will ensure that identified impacts will be reduced to a level less than significant. 6J' l P:\AddendumEA99-391 TTM29563.wpd Uhl RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REDUCTION TO THE SIZE OF CUL-DE-SAC BULBS FOR PRIVATE STREETS FROM 45' TO 38' PER TABLE 2-CIR OF THE CIRCULATION ELEMENT CASE NO: GPA 2000-066 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, hold a duly noticed Public Hearing to consider the request of Century -Crowell Communities for a General Plan Amendment (Circulation Element, Table 2) to reduce the size of cul-de-sac bulbs for private streets in the City of La Quinta from a radii of 45 feet to 38 feet; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 91h day of May, 2000, hold a duly noticed Public Hearing for a General Plan Amendment (Circulation Element, Table 2) to reduce the size of cul-de-sac bulbs for private streets in the City of La Quinta from a radii of 45 feet to 38 feet. The Planning Commission, on a 4-0 vote, adopted Resolution 2000-028 recommending approval of the amendment request. WHEREAS, said General Plan Amendment has complied with the requirements of the California Environmental Quality Act of 1970 (as amended), pursuant to the adoption of Resolution 83-68 by the City Council, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 99-391) and determined that the General Plan Amendment will not have a significant adverse impact on the environment and a Mitigated Negative Declaration of Environmental Impact is recommended; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of said General Plan Amendment: This Amendment is consistent with those goals, objectives, and policies of the General Plan Circulation Element to provide adequately sized streets within the City for vehicular travel. Streets affected by this action are local streets which are designed to provide access to abutting residential properties. 2. This Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the City Fire Marshal states their emergency vehicles can maneuver within the 38' radius proposed under this Amendment. �J Reso CC GPA 066Cent. - 41 0292 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 Council in this case; 2. That it does hereby certify a Mitigated Negative Declaration for EA 99-391; and 3. That it does hereby approve General Plan Amendment 2000-066 for the reasons set forth in this Resolution and as illustrated in Exhibits "A" and "B", attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California o23 EXHIBIT "A" RESOLUTION 2000- GENERAL PLAN AMENDMENT 2000-066 - RECOMMENDED CENTURY-CROWELL COMMUNITIES JUNE 6, 2000 PROPOSED AMENDMENT TO CHAPTER 3 (TABLE 2) OF THE GENERAL PLAN AS FOLLOWS: Amend Cul-de-sac Street Standards from a radius of 45' to 38' for private streets. Vehicle parking along the curb shall be prohibited. Cond GPA 066 -40 1 cn 0 a Z La r co Z N 2 co LU V cl W �- a m ao ~a 0 a H Z 5 CY J E 0C Q fA E = 00 O U +0+ W: d CW O a�� an CD N O O N O :_ ao a N� U o OcMM c M coM coM E J ~ 7 C d w X c6 Y (0 'O C� W: 0 n � CDO, O N M~Z N C LO co N a o LOO = E TN UW M EL N N in CDU O In cu IDO s LLj LU 2 .0 N cu a2 LO Jam` O M 0 O 0w q b > z co O Q co JCD— Q Q O N = N p m N d ,p N CO) 'O d 0 _ f0 -0 �r U N p O F- O O > L) cu O >>1 0 LO Q ~ z W Q U) cl r O a� L m 3 O >1 7 c cu L 2 y C T L v CO $s':Ul. p U N O N 00 CD N O O CDU= L() 00 p C 3 M m« N (O ~ T ILQ:. CD N — C U L> 0) N O C N N LL.'N to'C'o J O O ` U?LO L C 0 O Q. N 'LS c L N N 'O O W. 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Y ' N+ E_> �'-f0 a =00ENn �j m F a 3 0 0 U O N N N N d fn N > r z m RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 30-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION AND OTHER MISCELLANEOUS COMMON LOTS FOR STREETS, DRAINAGE, AND LANDSCAPING ON 7.65 ACRES, LOCATED ON THE NORTH SIDE OF WESTWARD HO DRIVE, 150-FEET WEST OF DUNE PALMS ROAD CASE NO.: TENTATIVE TRACT MAP 29563 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council of the City of La Quinta, California, did on the 61h day of June, 2000, hold a duly noticed Public Hearing to review the request of Century -Crowell Communities for a 30-lot private single family subdivision and additional common lots on 7.65 acres generally located on the north side of Westward Ho Drive, and approximately 150-feet west of Dune Palms Road; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 9th day of May, 2000, hold a duly noticed Public Hearing to review a 30-lot private single family subdivision and additional common lots on 7.65 acres generally located on the north side of Westward Ho Drive, and approximately 150-feet west of Dune Palms Road. The Planning Commission, on a 3-1 vote, adopted Resolution 2000-029, recommending approval of the subdivision request, more particularly described as: Assessor's Parcel Number 604-061-019 (Portion); Portion of SE 1 /4 of the SW 1 /4 of Section 20, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 99-391) and determined that although the proposed project will impact on the environment, a Mitigated Negative Declaration of Environmental Impact will be filed. WHEREAS at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to approve Tentative Tract Map 29563: A. The proposed map is consistent with the City of La Quinta General Plan, Zoning Code, and Subdivision Ordinance. The property is designated Low Density Residential (LDR) by the General Plan Land Use Element (Chapter 2.0) permitting single family projects of two to four A:\Reso CCT09563CenGolf.wpd (41) U20 units per acre pursuant to Policy 2-1.1.5. The proposed density is less than four dwelling units per acre. The RL District (Low Density Residential) permits single family housing, provided lots are 7,200 square feet or larger unless a specific plan is prepared. Proposed lots are greater than 7,200 square feet as required by Section 9.30.030 of the Zoning Ordinance. Conditions are recommended to insure compliance with City Code requirements. B. The design or improvement of the proposed subdivision is consistent with the La Quinta General Plan. All streets and improvements in the project, as conditioned, will conform to City standards as outlined in the General Plan and Subdivision Ordinance. All on -site streets are private and designed in accordance with Chapter 3.0 of the General Plan Circulation Element. Decorative perimeter fencing shall be constructed for the development consistent with Policy 3.4.1.14 of the General Plan, including open view fencing to lessen effect of the walled community adjacent to the retention basin. C. The design of the subdivision, or the proposed improvements, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project is suitable for Low Density Residential development based on the recommendations of Environmental Assessment 99-391. Development will not cause substantial environmental damage, or injury to fish or wildlife, or their habitat provided mitigation measures are met. Urban improvements are adjoining the property making it conducive for residential development. D. The design of the subdivision or type of improvements are not likely to cause serious public health problems. A retention basin is proposed to contain on -site water flows created by seasonal rains. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. Infrastructure improvements will be extended to serve the project if not readily adjacent to the site. New improvements required for this project will be compatible with the development improvements to the north and south. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision. A:\Reso CCTr29563CenGo1f.wpd (41) v l The proposed streets are planned to provide direct access to each residential lot. The project will be instrumental in causing new area -wide public infrastructure improvements to be constructed, which will benefit both existing development and other future development, including, but not limited to street improvements and public utility improvements. The design of Tentative Tract Map 29563 will not conflict with existing public easements, as the project has been designed around, and with consideration for, these easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby certify Environmental Assessment 99-391 for reasons set forth in this Resolution, subject to the attached Mitigation Measures; and 3. That it does hereby approve Tentative Tract Map 29563 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 61h day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California �J V AAReso CCTr29563CenGo1£wpd (41) v ti ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California A:\Reso CCTr29563CenGolf.wpd (41) RESOLUTION 2000-_ CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29563 CENTURY-CROWELL COMMUNITIES JUNE 6, 2000 1. Upon City Council approval, a memorandum noting that the City's Conditions of Approval for this development application exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. This tentative map and any final maps thereunder shall comply with the requirements and standards of § §66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. This approval shall expire and become null and void on June 6, 2002, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 5. 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. 6) Cond CC Tr. 29563 Century -41 001 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. 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Right of way dedications required of this development include: A. Westward Ho Drive: 36-foot half of a 72-foot right of way. B. PRIVATE STREETS 1) Residential: 37-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. 2) Entry Drive: Divided with 20-foot travel lanes and a five-foot median. C. CULLS DE SAC 1) Use Riverside County Standard 800 (symmetric) or 800A (offset); 45.5-foot radius, unless modified by General Plan Amendment 2000-066. Cond CC Tr. 29563 Century -41 66 �31 9. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 1 1 . If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 12. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 13. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Westward Ho Drive: Ten Feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 14. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 15. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 16. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 17. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, Cond CC Tr. 29563 Century -41 the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 18. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 19. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 21. 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. Cond CC Tr. 29563 Century -41 6 v ��i 22. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. My I • & 1:1011 MATOall u 23. Depending on the timing of development of the lots or parcels created by this map 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 map, 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, the Applicant shall, at the time of approval of the a map, reimburse the City for the cost of those improvements. 24. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a .certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 25. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 66_X Cond CC Tr. 29563 Century -41 A 26. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 27. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 28. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 29. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved 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. 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. 30. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 31. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract Cond CC Tr. 29563 Century -41 r 6 A5 or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition are not an entitlement and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 32. 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. 33. 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. 34. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 35. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. Cond CC Tr. 29563 Century -41 6 G U A6 37. Storm flow. in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 38. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 39. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 40. Retention basin slopes shall not exceed 3:1 . Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 42. In developments for which security will be provided. by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 43. If the applicant proposes discharge of stormwater to the Whitewater Drainage Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's runoff which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 44. The tract shall be designed to accommodate purging and blowoff water from any well sites granted or dedicated to the local water utility authority as a requirement for development of this property. Cond CC Tr. 29563 Century -41 A7 UTILITIES 45. 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. 46. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 47. 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. 48. 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. OFF -SITE STREETS 1) Westward Ho Drive (Collector) - Complete north half of a 48-foot travel way (between curb faces) plus six-foot sidewalk. The applicant's cost responsibility shall be for the north 20 feet of street improvements, including curb and gutter, plus sidewalk and landscaping. B. PRIVATE STREETS 1) Residential: 36-foot travel width. Width may be reduced to 32 feet with parking restricted to one side and 28 feet with on -street parking prohibited if there is adequate off-street parking for residents and visitors and the applicant provides for perpetual enforcement of the restrictions by the homeowners association. C. CULS DE SAC 1) Use Riverside County Standard 800 (symmetric) or 800A (offset) with a 45- foot curb radius unless modified by General Plan Amendment 2000-066. 6 6 %S1 Cond CC Tr. 29563 Century -41 00 Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs, and sidewalks. Mid -block street lighting is not required. 50. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 51. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 52. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 unless otherwise approved by the City Engineer. 53. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical 0 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 54. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.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" 55. 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 663 Cond CC Tr. 29563 Century -41 A9 old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 56. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 57. General access points and turning movements of traffic are limited to the following: A. Main Entry Drive centered approximately 322 feet from easterly tract boundary. 58. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 59. 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. 60. 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. 61. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. Cond CC Tr. 29563 Century -41 AO 62. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 63. 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. 64. 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. 65. 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. 66. The applicant shall provide landscaping in required setbacks and common lots. 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. 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. 68. 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. 6!J, Cond CC Tr. 29563 Century -41 o4l. 69. Perimeter tract walls and required landscaping shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 70. Front yard landscaping for future houses shall consist of a minimum of two shade trees (1.0-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees (0.75-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. MAINTENANCE 71. 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. 72. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. 73. 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. 74. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. 75. Prior to final map approval, parkland mitigation fees shall be paid as required by the City's Subdivision Ordinance. 76. Prior to issuance of a site disturbance permit, Fringe -toed lizard mitigation fees shall be paid (i.e., $100/acre). 77. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 6(" Cond CC Tr. 29563 Century -41 n }4._ 78. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 79. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 80. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 81. If provided, gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. Gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 82. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. _M • 83. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 84. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 6 '1 Cond CC Tr. 29563 Century -41 A 3 MllN7W r.1IIR nR. HOVLEY LN. E. PROJECT SITE � AM n PALM DESERT Attachment I VICINITY MAP WM Attachment 2 Planning Commission Meeting May 9, 2000 14. Commissioner Abels stated he tgdWt with the applicant. 15. There being no further dis n, it was moved and seconded by Commissioners Abels ins to adopt Planning Commission Resolution 2000-0 ommending to the City Council approval of Specific Pla 29, Amendment #2 as requested by the applicant an ended: a. n 2.50.4.1.1 Site Plan - to Mall (pg. 52); delete rence to temporary. Per tents are allowed, shall e the color of the buildi d approved by staff. Section 2.50.4.1.3 - 1 Events (pg. 54): tem ry shade structure shal lowed regardless of col C. Section 2.80.1.1 age - Auto Mall (pg 6 o 40 square feet fre ding monument signs ealership shall be allo outh of along Highwa and east of Adams Str d. A new ion added: Pennan cluding pennants mou n lighting fixtures, an ers shall be allowed, ke a "like new" condi ' nd can be permanent. ns are not allowed ROLL CALL: AYES: Commissione Is, Robbins, Tyler, and Chairman Kirk. NOES: N ABSENT: Commissioner Butler. ABSTAIN: No 16. It was moved adopt Planni to the Cit Amend a onded by Commissions mission Resolution 2000, cil approval of Development 2 as submitted. :o ig ), ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. B. Environmental Assessment 99-391, General Plan Amendment 2000-066, and Tentative Tract Map 29563; a request of Century -Crowell kt> Communities for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, recommending to the City Council approval of an amendment to reduce cul-de-sac bulb radius dimensions for private streets from 45 feet to 38 feet, and a recommendation for approval of a tract map allowing 3 single family and other common lots on 7.65 acres located on the north side of Westward Ho Drive, west of Dune Palms Road. 670 CAMy Documents\WPDOCS\PC5-9-20.wpd 5 o Planning Commission Meeting May 9, 2000 1 . Chairman Kirk opened the continued Public Hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Robbins stated he has a problem with consistency where a previous tract was required to have the 45-foot cul-de- sac. Staff noted that with this request the General Plan was being amended to allow the 38-foot wide cul-de-sac. If this amendment is approved the previous applicant can then ask for an amendment to use the smaller cul-de-sac. 3. Chairman Kirk asked why this request had not been processed by the prior applicant. Staff explained that the prior applicant is aware of this application. and it was a matter of timing. 4. Commissioner Abels asked if this would allow bigger lots. Staff stated yes; it would result in smaller cul-de-sacs and bigger lots. 5. Commissioner Tyler asked if the entrance into the tract would allow full turn movements. Staff noted they are full turns. 6. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Ed Knight, representing Century -Crowell Communities, stated he concurred with staff's recommendation. 7. Commissioner Tyler stated that the other half of the Aliso Del Rey tract to the north, has streets that run north and south and asked why the streets in this tract are running east and west and does not connect with the project to the north. Mr. Knight stated Aliso Del Rey I was processed in 1999, recorded, and is under construction. This tract was not conceived until the other was already under the processing and engineering that they entered into negotiations with the land owner. Therefore, it is now independent of the other, but the HOA will be a part of the other tract. Commissioner Tyler stated Del Rey I has plans to construct a two story unit. If it is approved, will it be used on this tract as well? Mr. Knight stated he is unaware of the unit plan layout at this time. He suspects the plan that has a loft will be incorporated into this project as well. CAMy Documents\WPDOCS\PC5-9-20.wpd 6 U / Planning Commission Meeting May 9, 2000 8. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. 9. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 10. Commissioner Tyler stated Century -Crowell has always stated they knew the potential of this happening. The Commission has heard open discussion that this was likely to happen. In public testimony on Aliso Del Rey I and also at subsequent hearings regarding the Eucalyptus trees, the north boundary of this tract, public comment was given regarding the concern for heavy traffic on Dune Palms Road because of the school and desire to have a second access in this area. Looking at this layout, it is probably the worst layout of a tract he has seen while serving on this Commission. It violates common sense and good planning practice and he cannot understand why the Commission is even considering it. It should have been integrated earlier into the tract to the north. This is a high visibility area across from the High School and will only add to the traffic problems. He has a problem supporting this project. 11. Chairman Kirk stated he too thinks this could have been designed better, but given what they are left with, he sees no other alternative. 12. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-027 recommending certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 99-391. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 13. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-028 recommending approval of General Plan Amendment 2000=066, subject to the Findings and Conditions of Approval as submitted. CAMy Documents\WPDOCS\PC5-9-20.wpd 7 A8 Planning Commission Meeting May 9, 2000 14. Commissioner Tyler stated this would affect all the City's future streets. Commissioner Robbins stated seas of asphalts are not conducive to single family residences. In his opinion, all streets in the City should be narrowed. Wide streets do nothing but speed up traffic and are dangerous because they provide more places for kids to play and more opportunity for cars to go fast. He would support anything that narrows the streets or cul-de-sacs. 15. Chairman Kirk seconded the his thoughts and supports the General Plan Amendment, but we are addressing it as it relates to a specific development rather than as a part of the General Plan Update where it should be reviewed. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 16. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-029 recommending approval of Tentative Tract Map 29563, subject to the Findings. and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Robbins, and Chairman Kirk. NOES: Commissioner Tyler. ABSENT: Commissioner Butler. ABSTAIN: None. VI. BUSINESS ITEMS: A. Master Desicin ideline 00-01 ; a request of Sunrose Corporation for approval of the Ma r Design Guidelines as submitted for homes to be built throughout t Cove area. _ice 1. Chairman Ki asked for taff report. incipal Planner Stan Sawa pres ted the . rmation containimmunity in the staff report, a copy of i on file in the Development Department. 2. Chairman Kirk asked if there we questions o staff. Commissioner Abels stated the guidelines were confusing Some drawings are not defined well enough. Staff should im ve the documents before they get to the Commission. CAMy Documents\WPDOCS\PC5-9-20.wpd 8 69-73 0j 4 -D Lary Benson Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning .;. Beaumont .;. Calimesa Canyon Lake .;. Coachella .;. Desert Hot Springs ..- Indian Wells .;. Indio .;. Lake Elsinore r. La Quinta Moreno Valley .;. Palm Desert .,. Perris Rancho Mirage San Jacinto .;. Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, 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 April 10, 2000 To: Dudek & Associates 75-150 Sheryl Avenue, Suite C Palm Desert, CA 92211 Attn: Joe Soneji, P.E. Re: Tentative Tract Map 29563 Attachment 3 This letter is a follow-up to your request for clarification and explanation of the specific requirements for TTM 29563. The following answers to your speck questions: 1) Cul-de-sac radius: A 38-foot radius to face of curb is acceptable. This standard radius is currently utilized in the unincorporated areas of Riverside County for residential areas. It should be noted that the entire radius of 38 feet is required to properly turn fire department vehicles. Vehicle parking along the curb should be prohibited when the minimum radius is used. 2) Single access: A single access shown from Westward Ho street is acceptable as shown. 3) Maximum dead-end street length: La Quinta City and Riverside County standards limit the length of roads ending in cul-de-sacs to a maximum length of 1,320 feet for areas not located in a designated high fire hazard zone. A secondary access roadway is typically provided when such a condition exists. This map does not have such a condition present. All questions regarding the meaning of these conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. Sincerely, FRANK KAWASAKI Chief Fire Department Planner By "�JL Walter Brandes Fire Safety Specialist cc: Christine Dilorio, City of La Quinta ke--''.�'r/. H:1PEZVVPDATA%AQU8VTAIPROJECTS\TM PM%TTM29W-Roads.doc V C7 EMERGENCY SERVICES DIVISION a PLANNING SECTION a INDIO OFFICE 82-675 Frighway 111, 2id Ft., Indio, CA 92201 - (760) 863-8886 - Fax (760) 863-7072 05 9 �a ai4g�� 3 F$ Ra.uY p His �C FOR g ! x i 8i s i{C �F ii S Its S ' CI W yE 3� a i b Z � �Ln � a t �N W a4 b4 F=Z r y Z € Y, i r t h w o 91 b x 0 " b T m - W g g Attachment 4 1 O } yyy$ZZZEEE '+,E F (10l 1NVOVA) 1- ! 9 7i H Y d Ei n J- n d 4 3 9 o d o H d vi e�u 0 51, tN R q aW oX w w � m i mw a� _ w p ati R f � o Attachment 5 11= I� 0 a us 6 l ►52 TWit 4 4W Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact, Approval of a Specific Plan, and Conditional Use Permit Allowing Festival Grounds, Parking Lots, Administrative and Classroom Building, and Ancillary Facilities on 28.33 + Acres Located on the West Side of Washington Street, Between 471h Avenue and 48th Avenue. Applicant: La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394; and Adopt a Resolution of the City Council approving Conditional Use Permit 2000-048, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Specific Plan 2000-042, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site is currently vacant, is located on the west side of Washington Street, between 47th and 48th Avenues. Immediately to the west are the Santa Rosa Mountains; to the north is Saint Francis of Assissi Catholic Church; to the south is the Laguna de la Paz residential development; and to the east, across Washington Street, is currently vacant land which was recently approved for medical office development. Project Request In addition to the Environmental Assessment, two applications have been made as part of this proposal. First, a Specific Plan of Land Use, which will guide the design and implementation of all facilities on the site. Second, a Conditional Use Permit has been 6 8� C:\My Documents\WPDOCS\cccdi ArtsSP00-042.wpd requested, to allow for a "visual and performing art education facility consisting of art galleries, artist's (sic.) studios, classrooms, festival grounds, terraced performing arts venue, and other public amenities." The Specific Plan establishes standards for the development of: 1. Foundation building, up to 60,000 square feet, to include classrooms, library, artists' studios, office and meeting rooms 2. 4.4 acre Festival Grounds 3. 1.6 acre amphitheatre, 2,400 person capacity 4. Sculpture garden 5. 1,300 square foot box office 6. 1,500 square. foot headquarters events building 7. Two restroom buildings, 1,500 square foot each 8. Parking lots 9. Native American Memorial The Specific Plan provides the design guidelines and standards which will guide the future development of the site. The Specific Plan requires that Site Development Permits be secured prior to the construction of any of the facilities described above. Based on concerns raised by the Foundation prior to the Planning Commission hearing, and the concurrence of the Planning Commission, conditions of approval have been added which allow the Festival Grounds and General Parking lot to be constructed under the Specific Plan. The Specific Plan further details the potential architectural styles of the structures within the project area, and the types of materials which will be utilized. These will also be reviewed by the Planning Commission during the Site Development Permit process. The variations to the City's zoning standards, including signage, building height, operating hours, landscaping, parking and parking lot lighting are discussed individually below. The project proposes two access points: a primary driveway, located at the mid -point of the property, with right -in, right -out access only, and a secondary access point at the northern boundary of the project, also providing right -in, right -out access only. The primary drive accesses the public parking lots. The secondary access will provide access to the back of the site, including the artists' parking lot. Persons wishing to travel from the site north, will be required to exit the site, travel south, and make a U- turn at the intersection of Avenue 48 and Washington Street. The project will conform with most of the City's zoning ordinance development standards, including landscaping requirements. Standards which are proposed to vary from the Zoning Ordinance are discussed below. Site -specific design issues can be further reviewed and refined through the Site Development Permit process for individual land uses on the site, which will be required. 026.5117) CAMy Documents\WPDOCS\cccdi ArtsSP00-042.wpd The Specific Plan and Conditional Use Permit application include the future construction of the Foundation building, which will be the only large permanent structure on the site. Two potential architectural styles, and the associated appropriate elements and materials, are included in the Plan. The specific design of the building will be reviewed by the Planning Commission during the Site Development Permit process, at which time specific elements can be analyzed. The discussion in the Specific Plan makes repeated reference to a 60,000 square foot building "footprint" for the Foundation building. Since this could potentially result in a 120,000 square foot building (two stories), and the Foundation has previously stated that the intent is to have no more than 60,000 square feet within the building envelope, a condition of approval has been added which requires that the Specific Plan clarify that no more than 60,000 square feet of office and classroom space will be constructed on the site (No. 55). The Specific Plan includes provisions for temporary restroom facilities prior to the construction of permanent buildings for such use. The Specific Plan further states (page 24) that such temporary facilities will be located as close as 75 feet from the Laguna de la Paz property line. Environmental Assessment 00-394 found that such a location would potentially impact the residents. A condition of approval has been added which requires that temporary restrooms be located at the same minimum distance of 300 feet from that property line as permanent facilities (No. 58). The Specific Plan and Conditional Use Permit application include the future construction of an amphitheatre in the northwestern quadrant of the property. The design of the seating for the theatre will face southeasterly, toward the residential development, while the stage will face toward the hillside. This and mitigation measures required in EA 00-394 will ensure that noise levels in the quieter evening hours will not impact the residences at Laguna de la Paz or other sensitive receptors. Signage The most significant proposed variation from the Zoning Ordinance standards occurs for permitted signage on the site. The proposed Specific Plan allows up to 37 banners throughout the site, some on palm trees, some on buildings, and some on poles adjacent to the Washington Street right-of-way. The nature of the use, as a short term location for special events which will change often, lends itself to the use of such banners. In order to provide some assurance regarding the placement of these banners, however, a condition of approval has been added which requires that a banner plan, which identifies the location of all 37 potential banners on site, be submitted for approval with the grading permit (No. 62). Future minor use permits would then tier off this approval to ensure that the banners were properly placed for each event. C:\My Documents\WPDOCS\cccdi ArtsSP00-042.wpd The proposed banners would also be allowed to remain for twice as long after an event as is permitted in the Ordinance (14 days instead of 7 days). This extension of time does not appear to be excessive, and still ensures that such banners would not be up indefinitely. The Specific Plan does not specifically prohibit banners in the Washington Street right- of-way. A condition of approval has been added to modify the Specific Plan to clearly state that no banners will be permitted within the right-of-way (No. 61). Permanent signage at the project's central entry is proposed, but not described in the Specific Plan. The permanent signage will require Site Development Permit approval, as shown in condition of approval No. 52. Height of Buildings The proposed project conforms with the height limit in the residential zone (28'), with one exception. It is proposed that a campanile, tower or similar structure be allowable on the Foundation building. The Specific Plan proposes that an area of up to 20% of the main floor of the building could extend to 50 feet in height. Since the building footprint is not known at this time, it is not possible to determine what size this structure could potentially represent. Should the main floor of the Foundation building be 30,000 square feet (60,000 square feet evenly distributed on 2 floors) the tower structure could represent 6,000 square feet of space, or a structure 20 by 30 feet in length and width. Should the ground floor of the building be 45,000 square feet, the tower could cover an area of 9,000 square feet, or a structure 95 by 95 feet in length and width. Until such time as Site Development Permits are proposed for the proposed building, a condition of approval has been added (No. 56) which requires amendment of the Specific Plan to allow for up to 20% of the building footprint to exceed the height limit, subject to a line of sight analysis. Hours of Operation The Specific Plan proposes that activities throughout the site generally occur between 7 a.m. and midnight. In most areas of the site, this will represent a limited impact. However, the Specific Plan also states that loading and unloading in the artists' parking lot is allowed between these times. As identified in the Environmental Assessment, this has the potential to impact neighboring residents at Laguna de la Paz. A condition of approval has been added which requires that all such unloading occur during the same hours as construction activities, as allowed in the City's noise ordinance (Municipal Code Section 6.08.050). The "break down" of artists' booths shall be allowed until 10 PM (No. 57). Landscaping The Specific Plan proposes to provide landscaping in landscaped row ends in the public parking lots. The Plan further states that eventually, additional landscaping will be installed to meet the City's 50% shade requirement, but that such landscaping would 6 8 C:\My Documents\WPDOCS\cccdi Arts SP00-042.wpd 04 not be installed in medians or other structure. Since the parking lots are to be decomposed granite, it could be possible to install trees in the middle of the parking rows, without separation from the parking areas themselves. This, however, is likely to result in both unhealthy trees and damaged vehicles. A condition of approval has been added which requires that landscaped medians be depicted in the Site Development Permit applications for any parking lot, and that the phasing of the plantings be approved as part of the permitting process (No. 64). Berming is proposed along the entire southern boundary, at varying heights. The Specific Plan text refers to berming along the southern property line adjacent to the Festival grounds at 3 to 4 feet in height above the top of the Laguna de la Paz wall. The second graphic provided in Exhibit 6 of the Specific Plan (between Pages 41 and 42), however, shows that the berm will extend 7.5 feet above the top of the wall. The visual and noise impacts to the residences is directly related to line of site. Noise particularly is attenuated when physically blocked from the potentially impacted location. The inconsistencies between the text and exhibit of the Specific Plan, and the need to mitigate noise and visual impacts, resulted in the addition of a condition of approval which requires that the Specific Plan text be amended, and that the Site Development Permit application demonstrate that the height of the proposed berming will effectively block the line of site to the grounds and the noise impacts (No. 68). Parking The Specific Plan reduces the standard for the number of parking spaces required, and provides analysis to this end. Although the parking reduction is justified adequately for guest and public parking, the artists' parking lot provides 261 parking stalls for 380 artists' booths. A condition of approval has been added which requires that the capacity of the artists' parking lot be increased to 380, or by adding 100 parallel parking spaces along the rear access road, to meet the capacity of the Festival grounds (No. 67). The Specific Plan also proposes to reduce both the parking stall standard and the driveway standard for the site. Parking stall size is proposed to be reduced to 18 feet in length, while driveway widths would be reduced from 26 feet to 24 feet. The Plan further proposes to eliminate the requirement for extra width on end stalls (from 11 to 9 feet). Although staff can support the reduction in length and driveway width, the end stalls, as proposed on the site plan, do require the extra width, particularly since so little room is provided from the end stalls on the west end of the parking lot to the edge of the lot itself. Maneuverability will be an issue if these stalls are not 11 feet. A condition of approval has been added to provide for 11 foot wide end stalls throughout (No. 66). Finally, in order to minimize air quality and noise impacts, the mitigation measures included in EA 00-394 require that all events at the project site first fill the northern half of the General Parking Lot, so that the southern half, which occurs closest to the residences, is used less often. ej C:\My Documents\WPDOCS\cccdi ArtsSP00-042.wpd 00 Parking Lot Lighting The City requires that all parking lots provide one foot candle of light throughout. The proposed Specific Plan, in order to achieve this, proposes the installation of lighting on electrical lines, running parallel to the ground along the vertical axis of each row or double row of parking. Such suspended lighting would be secured at each end of the row by decorative poles. Staff is concerned that such a lighting plan will neither be practical in the significant winds experienced in the City, or consistent with the high quality of development required of such a significant property in the City. A condition of approval has been added that the Specific Plan be modified to require either temporary lighting on portable poles, or permanent lighting to City standards, to be determined through the Site Development Permit or grading permit for the parking lots (No. 65). Public Notice: This application was advertised in the Desert Sun newspaper on May 15, 2000. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. Public Agency Review: All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission held a public hearing for this item on May 23, 2000, (Attachment 1) . At that hearing, the Planning Commission considered considerable testimony, both for and against the proposed project. The issues addressed in the testimony, and the analysis of that testimony are summarized below. General Plan and Zoning Ordinance Consistency The City of La Quinta has had a tradition since its incorporation of embracing the arts, as clearly stated by a number of speakers. Not surprisingly, the City has carried this concept forward in its General Plan and Zoning Code. The City's official land use vision includes the objective of focusing future land use decisions on, among other things, the recognition of "the culturally -oriented attitude of its residents." (General Plan, p. 2-3). In order to implement this and the other policies of the General Plan, the Land Use Element provides for the preparation and adoption of a comprehensive zoning ordinance, which creates "a contemporary ordinance which properly responds to current and future development proposals and accurately depicts General Plan land use development policies." (General Plan, p. 2-21, Implementation Measure 3.0). The City has adopted such a zoning ordinance, which the City specifically found was consistent with the goals, objectives and policies of the General Plan. This finding of consistency between the General Plan and the zoning ordinance has never been challenged, and must now be considered conclusive. The zoning code specifically provides for the C:\My Documents\WPDOCS\cccdi ArtsSP00-042.wpd 0 Pl advancement of culturally -oriented land uses such as museums, galleries, art displays, and art schools, by permitting such uses within any district in the City, provided that findings of (1) compatibility, (2) consistency with the goals, policies and objectives of the General Plan, (3) no detriment to the public health, safety and general welfare of La Quinta's residents, and (4) suitability of the site (which must be at least 20 acres) for the proposed use. Zoning Code, Table 401 and Section 9.240. As set forth in this report, these findings can be made. Thus, provided that the Council feels it is appropriate to make the findings required by Section 9.240 of the Zoning Code, approval of the project would not be inconsistent with the General Plan. Noise The noise analysis performed for the proposed project was completed using a combination of noise monitoring at the 2000 La Quinta Arts Festival, and computer modeling projecting conditions at the project site. The purpose of the noise monitoring was to establish parameters based on actual conditions. That monitoring effort was then applied, through the modeling effort, to the proposed project site and the type nd number of events planned for that site. The monitoring resulted in a number of mitigation measures, which were incorporated into both the Addendum to the Environmental Assessment, and the Conditions of Approval reviewed by the Planning Commission. They include berming on the south property line, orientation of public address and speaker systems in a northerly direction, limitations on hours of operation, and the use of the northerly general parking lot as the primary parking lot. Noise impacts from the proposed site can be mitigated through the implementation of these mitigation measures and conditions of approval. Light & Glare Lighting at the Festival grounds and in the parking lots was of concern. A number of factors mitigate this concern. First, lighting within the parking lot was conditioned by the Planning Commission to be bollard -height or similar. This provides particularly effective light screening in this case, since the parking lot will be depressed several feet from surrounding grades. The depression of the parking lot will also, in combination with the berming along the southern property line, mitigate impacts of car headlights on the adjacent residential development. Secondly, the lighting requirements of the City are stringent in their application of low levels of light which do not affect surrounding properties. Lighting within the Festival grounds is also limited, and shall be angled away from the southerly property. Finally, the location of the amphitheatre, and the fact that the stage faces in a north-westerly direction, mitigates the potential impacts of the lighting at that location could impact the residential properties to the south. Air Quality The impacts of automobile emissions was stated as a concern. The Environmental Assessment (EA), however, clearly demonstrates that during the largest potential event at the project site (almost 9,000 vehicles per day), none of the South Coast Air C:\My Documents\WPDOCS\cccdi ArtsSP00-042.wpd V I Quality Management District's thresholds will be exceeded. The impacts of the proposed project on air quality have been shown in the EA not to be significant. In regards to the potential air quality impact of the dust generated by the decomposed granite parking lot, a discussion of the stabilizers used to prevent such dust is included in Appendix A of the Specific Plan. The project will also be required to comply with the City's PM 10 management plan requirements. Traffic Congestion The impacts of large numbers of vehicles on Washington Street was stated as a concern. The traffic impact analysis performed for the proposed project clearly states that the greatest impacts to the circulation system will occur during evening events (daytime events have a more, even coming and going of attendees). Specifically, the end of a concert or other performance will result in all attendees exiting the project site at one time. The impacts associated with this concentration, however, resulted in a mitigation measure being included in the traffic study and the EA which requires that the Foundation employ traffic control officers for these events. This mitigation measure will effectively limit the impacts of traffic congestion from the project site. Aesthetic Blight A concern was raised regarding the impacts of the Foundation building, which could include a 50 foot tower. The Specific Plan does not provide detail of the future Foundation building. It establishes standards for the construction of the building, which requires the processing of a Site Development Permit. The project has further been conditioned to include a line of sight study as part of that Site Development Permit, in order to determine, at the time that specific building plans exist, what the potential impacts of the building will be. Should significant impacts be identified, the City will have the opportunity at that time to apply specific conditions of approval to mitigate these impacts. Water Contamination A concern was raised that the lake at Laguna de la Paz could be contaminated by the chemicals generated from the site -- specifically oils and other chemicals deposited on parking lot surfaces by vehicles at the site. The City, however, complies with all requirements related to the effective "cleaning" of surface water runoff, as required. The project includes conditions of approval which require that the retention system be designed to meet all these standards. As an additional point of information, several analyses have shown that decomposed granite (the type of parking lot coverage proposed for the general parking lot) is effective in dissipating pollutants found in parking lots. The potential for migration of pollutants from the project site to the Laguna de la Paz well has therefore been mitigated. CAMy Documents\WPDOCS\cccdi ArtsSP00-042.wpd 683 U8 FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made,. and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394; and Adopt a Resolution of the City Council approving Conditional Use Permit 2000- 048, subject to the Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Specific Plan 2000-042, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2000-394, or approving Conditional Use Permit 2000-048, or approving Specific Plan 2000-042; or 3. Remand the applications back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with direction. Respectfully submitted, 0-1, 'x('J CL, C ristine di lorio Planning Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Planning Commission Minutes of May 23, 2000 2. Specific Plan 2000-042 Document (City Council only) C:\My Documents\WPDOCS\cccdi Arts SP00-042.wpd 09 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-394 PREPARED FOR SPECIFIC PLAN 2000-042 AND CONDITIONAL USE PERMIT 2000-048 ENVIRONMENTAL ASSESSMENT 2000-394 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, hold a duly noticed Public Hearing to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of May, 2000 hold a duly -noticed Public Hearing to consider Environmental Assessment 2000-394 prepared for Specific Plan 2000-042 and Conditional Use Permit 2000-048, located on the west side of Washington Street between 47th Avenue and 48th Avenue, more particularly described as follows: ASSESSOR'S PARCEL NUMBER: 643-090-024 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2000-394) and has determined that although the proposed Specific Plan could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigable impacts were identified by Environmental Assessment 2000-394. C:\My Documents\WPDOCS\CCResoArtsEA.wpd �o 1 City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 2. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 6. The proposed Specific Plan 2000-042 and Conditional Use Permit 2000-048 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan, as proposed, does not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect setforth in 14 CAL Code Regulations §753.5(d). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. C:\My Documents\WPDOCS\CCResoArtsEA.wpd 1 City Council Resolution 2000- La Quinta Arts Foundation Environmental Assessment 2000-394 2. That it does hereby certify Environmental Assessment 2000-394 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 69V C:\My Documents\WPDOCS\CCResoArtsEA.wpd Environmental Checklist Form 1. Project Title: Specific Plan 2000-042, Conditional Use Permit 2000-048 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di Iorio, 760-777-7125 4. Project Location: West side of Washington Street, between 47th and 48th Avenues. 5. Project Sponsor's Name and Address: La Quinta Arts Foundation P. O. BOX 777 La Quinta, CA 92253 6. General Plan Designation: Low Density Residential 7. Zoning: Low Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to establish development standards for the eventual construction of art festival displays, parking, a 60,000 square foot office and education building, a performing arts amphitheatre, restrooms, a ticket/entry area and associated facilities. The Conditional Use Permit will allow the use of the property for art galleries and educational purposes. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: St. Francis of Assissi Catholic Church South: Laguna de la Paz, Low Density Residential development East: Washington Street, Vacant desert lands West: Santa Rosa Mountains 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District C:\My Documents\WPDOCSTA CkLst Arts F.wpd 13 F Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings 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 revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. [ 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 "potentially significant impact' or "potentially significant unless mitigated" 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. 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, 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, nothing further is required. Signature JERRY HERMAN Printed Name 511 (oa Date CITY OF LA OUINTA For C:\My Documents\WPDOCSTA CkLst Arts F.wpd 14 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) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less 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 XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 61 C:\My Documents\WPDOCSTA CkLst Arts F.wpd 1 5 Sample question: Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to on -agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Potentially Significant Unless Mitigated X X A/ Less Than Significant No Impact Impact 0 X /:/ 0 {. I C:\My Documents\WPDOCS\EA CkLst Arts F.wpd 16 a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Specific Plan Project Descr.) e) Create objectionable odors affecting a substantial number of people? (Specific Plan Project Descr.) IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Biological Assessment, James Cornett, April, 1999) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Biological Assessment, James Cornett, April, 1999) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Biological Assessment, James Cornett, April, 1999) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Biological Assessment, James Cornett, April, 1999) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) `4 /:/ X 94 X X X X X X C:\My Documents\WPDOCSTA CkLst Arts F.wpd V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (ASM Affiliates, Archaeological Investigation, April, 2000) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (ASM Affiliates, Archaeological Investigation, April, 2000) c) Disturb or destroy a unique paleontological resource or site? (Paleontology Lakebed Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (ASM Affiliates, Archaeological Investigation, April, 2000) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (Soil Engineering Report, Earth Systems Consultants, January, 1999) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (Soil Engineering Report, Earth Systems Consultants, January, 1999) C:\My Documents\WPDOMEA CkLst Arts F.wpd X X X X X X X X 18 VII. VIII. d) Be. located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Soil Engineering Report, Earth Systems Consultants, January, 1999) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) C:\My Documents\WPDOCS\EA CkLst Arts F.wpd X X X X X X X X X X X r 19 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (Specific Plan Hydrology Study) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Specific Plan Hydrology Study) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control ? (Specific Plan Hydrology Study) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) X. MINERAL RESOURCES: Would the project: X X X X X X X 0 X a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) X C:\My Documents\WPDOCSTA CkLst Arts F.wpd 8 XI. XII. b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) X NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Douglas Eilar & Associates, Acoustical Analysis, April, 2000) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) X X X a X X X X /:/ X C:\My Documents\WPDOCSTA CkLst Arts F.wpd 70 Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Korve Engineering, Traffic Analysis, November, 1999) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Korve Engineering, Traffic Analysis, November, 1999) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Korve Engineering, Traffic Analysis, November, 1999) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Korve Engineering, Traffic Analysis, November, 1999) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks) ? (Korve Engineering, Traffic Analysis, November, 1999) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: X X X l� KI X X X X X X X a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 X C:\My Documents\WPDOCSTA CkLst Arts F.wpd 70 10 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) XVII. 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 or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ( ) b) Does the project have the potential to 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 project, and the effects of probable future projects)? ( ) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) XVIII EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. C:\My Documents\WPDOCSTA CkLst Arts F.wpd M M /1 X X X 0 VN X V `t III a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. r �I C:\My Documents\WPDOCSTA CkLst Arts F.wpd 12 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code 7003 C:\My Documents\WPDOCSTA CkLst Arts F.wpd 13 25 Addendum to Environmental Checklist, EA 2000-394 I. a) Washington Street is designated a Primary Image Corridor in the City's General Plan. This designation ensures that special setback standards and landscaping are included in project development. The Specific Plan and Site Plan show that the project proponent will meet the City's standards for both landscaping and setbacks, thereby reducing the potential impacts to a level of insignificance. a), c) & d) The project site is currently vacant desert land. The construction of the proposed project, and installation of parking lot and festival ground lighting, will therefore have an impact, both on- and off -site. The Specific Plan includes the use of portable light standards for evening events only in parking areas. The Specific Plan further states that the City's standards for lighting will be adhered to. The closest point from a parking area to the boundary of Laguna de la Paz is approximately 40 feet. This distance is comprised of landscaping and berming, which will serve to obstruct lighting from the site. Finally, the parking areas are proposed to be 2 to 3 feet below the grade of the adjacent residential development, which will lower the level of headlights within the parking lots. With the implementation of the following mitigation measures, the impacts from light and glare should be reduced to a less than significant level. 1. All lighting on light standards, whether portable or permanent, shall be angled downward, so as not to illuminate adjacent land uses. 2. All lighting on the project site shall conform to the City's Zoning Ordinance. 3. Lighting on the festival grounds for evening events shall be angled away from residential development to the south and from the hillsides, and shall not be located any closer than 50 feet from the southern property boundary. II. a) & c) The site of the proposed project is not used for agricultural purposes. III. c) & d) The traffic analysis for the project site states that average daily attendance at the site can be expected to be between 120 to 250 persons, including staff and visitors. The emissions from the vehicles which enter and leave the site on a daily basis will not constitute a significant impact. C:\My Documents\WPDOCS\EA Arts F Addendum.WP6lwpd 70-01 26 The Specific Plan states that during a major event (of which there will be 5 a year), 9,000 people will attend in one day, at an average of 2.2 persons per vehicle'. This, combined with volunteer, staff and artists' trips, could result in more than 8,500 trips per day being generated at the project site (4,250 to the site and 4,250 from the site). The primary source of pollutants at the project site will be vehicular emissions. The South Coast Air Quality Management District (SCAQMD) has established standards and formulas by which vehicular emissions can be estimated. SCAQMD standards are based on daily thresholds, which, as demonstrated in the table below, will not be exceeded even during major events. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 351.3 13.5 72.1 0.0 1.5 1.5 Daily Threshold* 550 75 100 150 Based on 8,500 trips/day and average trip length of 8.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. The Table demonstrates that the emissions from a major event at the project site will not exceed thresholds for significance. Therefore, it is assumed that medium (5,000 people) events are not expected to exceed the SCAQMD standards. The grading process is expected to occur in one phase, and is expected to take approximately 30 working days. The process will require two scrapers, one wheeled bulldozer and one water truck, each of which will operate for approximately eight hours per day. The following table describes the PM 10 emissions expected to occur during the grading process, and demonstrates that grading is not expected to generate PM10 emissions which exceed SCAQMD's construction emissions thresholds. "La Quinta Arts Foundation Specific Plan," prepared by Warner Engineering, April, 2000. C:\My Documents\WPDOCS\EA Arts F Addendum.WP62wpd n U 17 Construction -Related PM 10 Emissions (pounds) Project Generated Emissions SCAQMD Thresholds Daily 9.96 150 Quarterly 298.8 13,500 Source: Table A9-8-A, and page 6-4, "CEQA Air Quality Handbook," South Coast Air Quality Management District, 1993. The Coachella Valley has in the past been a non -attainment area for PM 10 (particulate matter of 10 microns or smaller). Recent analysis by SQAQMD has determined that the Valley has reached attainment, and a redesignation is pending. In order to control PM10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures: 1. No earth moving activity shall be undertaken without the review and approval of a PM 10 Management Plan. The applicant shall submit same to the City Engineer for each earth moving activity. 2. A PM 10 Management Plan shall be prepared by the applicant for the maintenance of the parking areas and festival grounds. Said management plan shall be reviewed and approved by the City Engineer prior to the initiation of the first public event on the project site. 3. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 4. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 5. Construction personnel shall be informed of ride sharing and transit opportunities. 6. Construction parking and heavy equipment storage shall be located on the north property boundary. 7. Cut and fill quantities will be balanced on site. 8. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. C:\My Documents\WPDOCS\EA Arts F Addendum.WP63wpd 70 %J 23 9. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 10. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 11. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 12. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 13. Construction roads other than temporary access roads shall be paved as soon as possible, and once paved shall be cleaned after each work day. All unpaved roads shall be posted with a 15 mile per hour speed limit. 14. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 15. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 16. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 17. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. 18. Low pressure sodium vapor lights shall be considered to reduce power plant emissions. 19. The project proponent shall comply with all applicable SCAQMD Rules and Regulations. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, Improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from the C:\My Documents\WPDOCS\EA Arts F Addendum,WP6$wpd ilv proposed project falls within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. In conclusion, neither the construction nor the operation of the proposed project, therefore, is not expected to have a significant impact on air quality resources. IV. a), b) d) & f) A biological resource study was prepared for the proposed project by James W. Cornett2. In addition, an Interim Biological Review, as provided in the Memorandum of Understanding for the Multi -Species Habitat Conservation Plan, was held on April 17, 2000. Finally, an on -site investigation specifically to detect the occurrence of Coachella Valley Milk Vetch was conducted on April 20 and 21, 20003. The biological resource analysis, which included on -site surveying of the project site, found that the Palm Springs ground squirrel does occur on site. The Coachella Valley fringe -toed lizard, desert tortoise and the flat -tailed horned lizard were not detected. Peninsular bighorn sheep are not believed to be present on the site. No invertebrate analysis was performed on the project site. The proposed project will result in the loss of 28 acres of desert habitat, including several mesquite hummocks. The project site is, however, isolated and already impacted by urban development, including development to the north, south and east, and illegal dumping activities which have occurred on -site. The proposed project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. As such, the project proponent shall be required to contribute $100 per acre to the appropriate agency for the purchase of off -site habitat. Based on the biological resource analysis, the consultation with the California Department of Fish and Game and U. S. Fish and Wildlife Service and the milk vetch investigation conducted on this site, the following mitigation measures shall be implemented: 2 "Biological Assessment and Impact Analysis," prepared by James W. Cornett, April, 1999. 3 Letter report from James W. Cornett, April 24, 2000. C:\My Documents\WPDOMEA Arts F Addendum.WP65wpd 71 - 30 1 . Bighorn Sheep Fencing. The Foundation shall actively and on an on -going basis monitor the project site any signs that bighorn sheep are entering the site. The Foundation shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The Foundation shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project site, the Foundation shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the Foundation shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 2. Pesticides. The Foundation shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 3. Lights. The Foundation shall submit a lighting plan to the City for review and approval. The plan shall avoid the illumination of the hillsides adjacent to the project site. All exterior lighting shall be aimed away from the hillside. 4. Landscaping. The Foundation shall prepare and submit for approval a landscaping plan which will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. 5. 2081 Permit. If required by law to do so, the Foundation shall obtain a 2081 permit from CDFG. r 9 C:\My Documents\WPDOCS\EA Arts F Addendum.WP66wpd 1 4.1 311 6. No connection to hillside trails. The Foundation shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the Foundation shall post notices discouraging such use. 7. Coachella Valley Fringe -toed Lizard. The project proponent shall contribute $100 per acre in compliance with the requirements of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Should a Section 2081 permit be required for this project, the fee paid shall be credited from any and all mitigation measures imposed by the 2081 permit. V. a) & d) Two cultural resource investigations were conducted for the project site. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis4. The second consisted of an on -site excavation of the recorded sites. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three previously recorded sites in 1991. The occurrence of multiple mesquite hummocks makes it likely that additional resources are located on site, and careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA-RIV- 6214. This process concluded that the site is not significant beyond the recovery performed for the study. Because there have been previously deeply buried sites found in this area under sand dunes, the following mitigation measure shall be implemented: 1 . An archaeological monitor shall be on site during any grubbing, earth moving or excavating activity. Should a resource be identified by the monitor, he or she shall be empowered to halt or redirect grading activities while the resource is properly identified and studied. The monitor shall file a report with the City of his or her findings, including disposition of any resource identified. V1..a) i) The proposed project does not lie in an Alquist-Priolo hazard area. No known earthquake fault occurs within several miles of the proposed project. The potential impact for fault rupture is not expected to be significant. 4 "A Cultural Resources Inventory and Evaluation of the La Duinta Arts Center Project," prepared by ASM Affiliates, December, 1998. 5 "Archaeological Investigations at CA-RIV-6214...," prepared by ASM Affiliates, April, 2000. C:\My Documents\WPDOCS\EA Arts F Addendum. WP67wpd 32 VI. a) ii) The proposed project occurs in a Zone III groundshaking zone. The City has adopted the provisions of the Uniform Building Code for this hazard. Construction of any structure on the project site will conform to these standards, and will reduce the potential hazard to a less than significant level. Vl. a) iii) The proposed project does not occur in a liquefaction hazard area. The depth to groundwater in the project area is estimated to be more than 50 feet'. The soils on the site are loose silty sand, which has the potential to shift in a seismic event. The soil engineering report prepared for the proposed project recommends over -excavation and recompaction of the site in any area where structures are proposed. The findings of the report are preliminary, and not based on construction plans. The City's standards for site preparation and geologic analysis, as detailed below, will reduce this potential impact to a less than significant level. VI. a) iv) The proposed project occurs adjacent to the foothills of the Santa Rosa Mountains. During a significant seismic event, it can be expected that rocks from the adjacent hillsides will fall to or near the site. The proposed site plan, however, does not propose construction of any structure within 250 feet of the western property line. This distance will provide sufficient buffer to minimize the potential impacts of rockfall on the proposed project. VI. b► As discussed above, the soils on the proposed site are loose silty sand. As such, unstable soil conditions can occur from improper grading or excavation. The City's standards for site preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: 1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure being constructed. VI. c) As discussed previously, the proposed project occurs adjacent to the Santa Rosa Mountains. Steep hillsides rise from the property's western boundary, and represent an important geologic feature for the City. The proposed project does not, however, propose to disturb any area within the toe -of -slope, as defined in the City's Hillside Preservation Ordinance. Insofar as no development will occur in the toe -of -slope, the significant geological feature will be preserved, and there is not expected to be a significant impact. 6 "Soil Engineering Report," prepared by Earth Systems Consultants, January, 1999. C:\My Documents\WPDOCS\EA Arts F Addendum. WP6&vpd VIII. a) The water to be retained in the parking lots will be contaminated by the oils, gasoline and other chemicals leaked from vehicles in the parking lots over a long period of time. These hazardous materials can potentially percolate into the soils below the parking lots, and eventually contaminate groundwater. Technology exists which can reduce these potential impacts to a less than significant level. The following mitigation measures shall be implemented: 1. The applicant shall submit to the City Engineer for review and approval, a comprehensive storm water management plan, prior to the issuance of grading permits. The plan shall describe any and all "water cleaning" technologies to be implemented on the project site. Such devices could include, but are not limited to oil separators, interceptors and swales. VIII. b) 2. All drainage facilities shall be maintained to a level acceptable to the City Engineer. Although the proposed project will utilize water for irrigation and in its operation, the potential impacts are expected to be less than significant. The proposed project will utilize water in quantities far lower than those which could be expected from residential development on the site. In addition, the use of parking lots as retention basins enables water to be recharged into the groundwater basin. Finally, irrigation water will also percolate into the ground, and be eventually re -absorbed into the groundwater basin. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The impacts to domestic water supplies are not expected to be significant, since limited activity on the site, combined with percolation from storm water retention and irrigation, will lower the impacts to the aquifer. VIII. c) & d) Any development proposal reduces the amount of natural terrain available for percolation, and changes drainage patterns. The proposed project will be largely unpaved, and will consist of parking areas covered with decomposed granite or similar material. The areas of the development project which will be paved for roads, the amphitheatre area, and the restroom and office/education buildings will no longer be able to absorb surface runoff. The City requires all development proposals to retain flows generated by the 100 year, 24 hour storm on -site. This requirement contains drainage to the site on which it occurs, and in this case, will also assure the safe routing and discharge of flows from the hillside. Altogether, the site must contain 13.26 acre feet. A series of debris and retention basins will be required. The City Engineer will impose conditions of approval on the proposed project which will require that the applicant prepare plans and studies which meet the City's jjr C;\My Documents\WPDOMEA Arts F Addendum. WP69wpd standards, contain on -site and off -site flows, and provide an acceptable safety factor. These conditions of approval will provide for sufficient mitigation to reduce the potential impacts to an acceptable level. The location of the parking areas and festival grounds within retention basins poses a potential significant impact on people visiting the proposed project. Storms in the desert are frequently sudden, of short duration, and of large volume. The Specific Plan states that the facility will not be used during periods of imminent storms. However, the occurrence of sudden storms, the large number of people and vehicles which could be on -site, and the rapid filling of retention areas is a potential hazard. In order to minimize the potential impacts to people from flooding hazards, the following mitigation measures shall be implemented: 1. The Foundation shall coordinate with the City's emergency preparedness staff, and shall prepare, for review and approval, an emergency evacuation plan for all areas of the project site. 2. The Foundation shall establish a formal emergency preparedness training program. All volunteers and paid staff shall participate in training to familiarize them with emergency evacuation procedures at the site. 3. There shall be no activities in the festival grounds, and all parking areas shall be cleared of vehicles at any time when the National Weather Service issues a severe storm warning for the La Quinta area. 4. All debris basins shall be maintained to a level acceptable to the City Engineer. IX. b) The General Plan and Zoning designation for the proposed project are Low Density Residential. The project includes a proposed Specific Plan which will delineate the permitted uses. The proposed project represents a departure from the identified primary land use for the property, namely, low density residential development. The General Plan does not prohibit the proposed use in its policies and programs. The Specific Plan, if approved, will authorize the uses. The Zoning Ordinance expressly provides for these uses with the review and approval of a conditional use and minor use permit. A conditional use permit has been submitted as part of this application, and minor use permits will also be applied for in the future as required by the Zoning Ordinance. The project is not in conflict with any applicable environmental plans or policies, including those set forth in the City's General Plan. The proposed project will occur adjacent to existing low density residential development (Laguna de la Paz). The proposed uses include art festivals, entertainment events in both the daytime and evening hours, educational programs, and administrative office uses. The Specific Plan document identifies '71 C:\My Documents\WPDOMEA Arts F Addendum. WPa.Wpd 3 5 art festival and concert events which, if held sequentially, would occur on 115 days during the year. In addition, educational and gallery events in the proposed 60,000 square foot building would occur on 175 days per year, and administrative activities will be on -going. This represents a more intense level of activity than would be expected in a low density residential development. The existing low density residential to the south of the proposed project could be significantly impacted by such a level of activity, if no mitigation measures were proposed. The Specific Plan proposes several design features intended to mitigate the impacts of the proposed project on adjacent residential development, as follows: * The installation of 3 to 4 foot high berms along the southerly boundary of the proposed project adjacent to the general parking area only. *Along the southern boundary adjacent to the festival grounds area of the project, a wall extending 3 to 4 feet above the existing Laguna de la Paz wall is proposed. *Along the southern boundary adjacent to the artists' parking area, a 9'6" berm is proposed. In order to mitigate the potential impacts of the proposed project on the residents of Laguna de la Paz, the following mitigation measures shall be implemented: 1 . For all events, the northerly portion of the general parking area shall be filled prior to the opening of the southerly general parking area for use. 2. "Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance. 3. All parking areas, especially the artists' parking area, shall be posted "No overnight parking." In addition, artists' vehicles shall not be allowed to idle, or to operate generators during festival events. 4. Temporary bathroom facilities shall not be located within 300 feet of the southern property line. 5. The future restroom facility proposed for the southeastern corner of the festival grounds shall be relocated and shall be at least 300 feet from the southern property line. 6. All construction, including the construction of parking lots and the festival grounds, shall be subject to a Site Development Permit. ll" C:\My Documents\WPDOMEA Arts F Addendum. WPdJWpd 36 XI. a), b) & c) A noise impact analysis was performed for the proposed project'. The noise analysis found that current conditions at the project site include a 70 dBA CNEL noise level at a distance of 100 feet from the center line of Washington Street. Future (201.5) ambient noise levels are expected to reach 75 dba CNEL at the eastern property boundary, and to be between 60 and 65 dBA CNEL at the western property boundary. The noise analysis also included monitoring of La Quinta Arts Festival events during the month of March, 2000. The analysis included monitoring of entertainment events, a diesel power generator used to power festival lighting, a dining area within the festival grounds, artist booths and mobile noise sources. The analysis found that the loudest source of noise during the festival was the entertainment stage, and that at a distance of 50 feet, a noise level of 81 dB Leq was recorded. That noise level fell to 60 dB Leq at 225 feet from the stage. This noise reduction was in great part due to the sound -absorbing properties of the artist booths. The monitoring data was then applied to the proposed project site. The results of this analysis are summarized below. Musical Performances: The analysis found that if small, directional speakers are utilized at the amphitheatre, a noise level of less than 50 dB can be expected at the residential units at Laguna de la Paz, and 75 dB in the open space areas to the west. Public Address Systems: The impact of such a system will be less than that of a musical event, provided all public address microphones are directed in a northerly direction. The analysis further recommends that public address use cease during evening hours. On -site Traffic and Parking Areas: The noise emitted from parking vehicles is not expected to be a significant impact, particularly as the 70 dB noise contour occurs on the site, in the area of the parking lots. 1. Only small, directional speakers, pointed in a northwesterly direction, shall be installed or utilized at the amphitheatre. No speakers or amplification of any kind shall be utilized within the amphitheater between 11 p.m. and 10 a.m., and no events shall be held in the amphitheater between 12 a.m. and 10 a.m. 2. All public address system speakers shall be pointed in a northerly direction. "Acoustical Analysis Report," prepared by Douglas Eilar & Associates, April, 2000. 713 C:\My Documents\WPDOMEA Arts F Addendum.WPdL.:;kpd 37 XII. a) 3. All public address system use shall cease between 7 p.m. and 7 a.m. 4. Signs shall be posted in the southern General Parking Area requesting that care be taken to disable automobile alarm systems in consideration of the residential land uses to the south. 5. A solid barrier shall be constructed along the eastern and southern boundaries of the proposed project. The barrier may be a berm or wall, but in either case shall have no gaps. If a berm is constructed, it shall be 5 feet in height. If a wall is constructed, it shall be no less than 6 feet in height. Such a barrier shall be designed to block the line of sight to adjacent residences, and as such the computation of height shall be based on the grade of the adjacent residences, since these grades are higher than those planned for the proposed project. 6. The Foundation shall include, in all its agreements with outside entertainment providers, a notice which advises the contractor that the Foundation strives to provide a quiet noise environment on its grounds, and shall further notify the contractor of mitigation measure no. 1, above. 7. The finished grade of the southern portion of the General Parking Area, the Artists' Parking Area and the Festival grounds shall not be higher than the parallel existing grades within Laguna de la Paz. 8. Construction equipment storage and maintenance shall be located at the northern property line. 9. All construction equipment shall be equipped with mufflers, and shall be maintained in good operating order. 10. All construction activity shall conform to the City's standards, included in its Noise Ordinance. 11. The southerly General Parking Lot and Artists' Parking Lot shall be cleared and closed by 12 a.m. whenever the site is in use. The proposed project may indirectly induce growth, insofar as any City's amenities and recreational opportunities influence a homebuyer's decision to purchase. The location of the proposed project will provide for such added recreational and cultural amenities. This potential impact, however, is not expected to be significant. r �, C:\My Documents\WPDOMEA Arts F Addendum.WPOL.3vpd 3 3 XIII. a) The construction of the proposed project will result in short-term potential impacts for both police and fire services. The gathering of a large number of people for short periods of time increases the potential for a need for such services. However, such short-term impacts are not expected to be significant, if the following mitigation measures are implemented: XV. a) 1. All development plans shall be routed to the Fire and Police Departments for review and comment. Once the project is complete, a final "as built" site plan shall be provided to both agencies for their files. 2. All Minor Use Permits for the project site shall be transmitted to the Fire and Police Departments for review, comment and conditions of approval. 3. The Foundation shall ensure that all activities of its traffic control officers, as required under item VI. Above, shall be coordinated with the Police Department. All development has an impact on governmental facilities and services. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. In addition, the revenues generated by the site will result in sales tax for the City, which will offset any needs for additional municipal services. The proposed project is not expected to have a significant impact on municipal services or facilities. The proposed project occurs on the west side of Washington Street, between 47th and 48th Avenues. A median island currently exists in Washington Street. Washington Street has been recently improved to three lanes in both directions from the 1-10 Freeway to the project site. No median break is planned for the project site. A traffic analysis was prepared for the proposed project$. The traffic analysis concludes that the proposed project will generate up to 686 peak hour trips during major events. It is further estimated in the traffic study that 45% of all trips exiting the site will go east on 48th Avenue, 20% will go south on Washington Street, and 35% will go north on Washington Street. The analysis further concludes that traffic conditions in 2001, after project buildout, will remain at current levels of service, and will not cause either the intersection of Washington Street & 48th, or the intersection of Highway 1 1 1 & Washington Street to drop below the City standard LOS D. 8 "Traffic Study for La Quinta Arts Foundation Arts Center," prepared by Korve Engineering, Inc., November, 1999. CAMy DocumentsMPDOMEA Arts F Addendum.WP(I.4Vpd 39 The traffic analysis results in the following mitigation measures: 1. Traffic control officers shall be employed by the applicant during all events occurring at the amphitheatre. Said traffic control officers shall be stationed at the intersection of Washington Street and 48th, and Washington Street and 47th before and after each performance. 2. The City shall monitor the need for traffic control officers during other major events, and may require such officers through the Minor use Permit process. 3. The Foundation will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements These mitigation measures will reduce the impacts of the proposed project to a less than significant level. XV. e) The proposed project provides for paved access within 100- 150 feet of any future structure, which will meet the requirements of the Fire Department. Several gates within the proposed project will be conditioned to be equipped with Knox Boxes or similar devices to enable emergency vehicles to get in. The only area where a potential impact occurs is as regards the provision of emergency medical treatment for an injured party in the festival grounds. The following mitigation measure should reduce this potential impact to a level of insignificance. XV. f) 1 . The Foundation shall establish a medical response plan, in coordination with the Fire Department, and shall have staff on -site at all events trained in the implementation of such a plan. The Specific Plan proposes a reduced parking standard for the project site. Parking is proposed in several areas, most of which is located in the General Parking lots at the eastern boundary of the project site. In addition, 340 parking spaces are available through a reciprocal parking agreement with the adjacent catholic church. The conditions of approval prepared for the project will require that adequate on -site parking is provided. The following mitigation measures are to be implemented: Parking shall be provided on site to accommodate the peak hour of a major event (1,200 persons in one hour), concurrent with an event at the amphitheatre (2,400 persons). it0c3 C:\My Documents\WPDOMEA Arts F Addendum.WP(I..Vjpd XV. g) 2. No parking shall be permitted on Washington Street at any time. 3. The City shall monitor parking problems at major events, and shall provide restrictions or additional conditions of approval through the Minor Use Permit process should parking problems develop. The proposed project does not indicate any parking spaces for bicycles on the site. The Zoning Ordinance requires such a standard. In addition, the provision of such parking will encourage non -motorized travel and reduce emissions from vehicles. Further, the site occurs along a SunLine Transit bus route. The use of public transportation to and from events at the site should be encouraged. The following mitigation measures shall be implemented: 1. Bicycle parking shall be provided in conformance with the standards established in the City's Zoning Ordinance. 2. The applicant shall provide a bus turnout, bus stop and amenities including a shelter, bench and trash receptacles along the property boundary, to the satisfaction of both SunLine Transit and the City. XV. b) c) & f) The construction of the proposed project will have a limited impact on sanitary sewers, storm drainage, solid waste disposal and water supplies. However, as a non -continuous use, the impacts can be expected to be less than those of a residential development on the proposed site. The overall impacts of the project on these services is not expected to be significant. 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Z +� O- a O +, LU m O N N � j N a) LL f0OO Q o O C aD LU ` w �w E 'a) w (D E cu a) _0 -0 > E a U U U w U CL CL rn O E cCo } is ai co + + c p a) CD Z O +; c cn O U 0) o c cA U cu c6 a w a) U U a O C Q O• E CL E > a.' o ca cm o C7 W a) o a) Q cs tC +` O N U U cc Q cn N ~ U U w- O � C O -a L- O C a) CD c6 WC O _ C c O U �- E cc C G E a) O c N (n Cn LII Lr-� a) C O C cr 0 Z �" C }' O W cc CU O O O +0 a) -0 C) C cu CL O• Na)LU -he E LV N _a) UO Q cn c: U c 1 W OLr- Ocn O X d J Z O 2 W co O d W W Z a 3 J �a W Q U m Z Q W J Y IL U E W O= U U Q W F- U C7 Z_ H cc OZ LL J � mp us H z Z a 0 W W U O a W U a U C7 N W > E a H ? N c N Q06 ca 0� m LU Q Ly O ~ W D H co H vi W W L) M N a; y�' cn COO a�i > -a °vi Q W O X y J 06 z Q 2 Z 73, " a N O O 0 0 N d 00 LU CL RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A VISUAL AND PERFORMING ARTS FACILITY AND ASSOCIATED DEVELOPMENT. CASE NO.: CONDITIONAL USE PERMIT 2000-048 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California did on the 6'" day of June, 2000, hold a duly noticed Public Hearing to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May, 2000, hold a duly noticed Public Hearing to consider the request of the La Quinta Arts Foundation to allow a visual and performing arts facility and associated development; and WHEREAS, said Conditional Use Permit request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended by Resolution 83-68, in that a Environmental Impact Report under Environmental Assessment 2000-394 has been recommended with mitigation measures for certification; and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify a recommendation for approval of said Conditional Use Permit: 1 . The Conditional Use Permit is deemed consistent with the City's General Plan in that the site is designated low density residential and proposed for an arts exhibition, classroom, administrative office and performing arts use. The use is consistent with the goals and policies and intent of the General Plan Land Use Element (Chapter 2) provided conditions are met. 2. The approval of this Conditional Use Permit is consistent with the Zoning Code and Specific Plan in that construction of an arts exhibition, classroom, administrative office and performing arts facility will conform to development standards outlined in the La Quinta Arts Foundation Specific Plan namely parking, lighting, building height and setbacks, signs and landscaping. 3. An Environmental Assessment has been prepared in accordance with CEQA. 03v C:\My Documents\WPDOCS\CCResoArtsCUP.WPD 5i City Council Resolution 2000- La Quinta Arts Foundation Conditional Use Permit 2000-048 June 6, 2000 4. The arts exhibition, classroom, administrative office and performing arts use will not create conditions materially detrimental to the public health, safety and general welfare or injurious to, or incompatible with other land uses in that an Environmental Assessment has been prepared with recommended mitigation measures reducing potentially negative impacts to a level of insignificance such as noise, traffic and lighting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Conditional Use Permit 00-048 to allow an arts exhibition, classroom, administrative office and performing arts facility subject to the Conditions of Approval, attached hereto and made a part of as Exhibit "A". PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 61h day of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 33 C:\Mv Documents\WPDOCS\CCResoArtsCUP.WPD CONDITIONS OF APPROVAL -RECOMMENDED CONDITIONAL USE PERMIT 2000-048 LA QUINTA ARTS FOUNDATION JUNE 6, 2000 GENERAL CONDITIONS OF APPROVAL 1. The development shall comply with Specific Plan 00-042, and all applicable Conditions of Approval. 2. The approval of the Conditional Use Permit shall run concurrently with Specific Plan 00-042. 3. Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050) (page 16 of Specific Plan). On Sundays and Holidays, the weekday hours of operation shall apply. For the 5 major and 5 medium events on the Festival grounds annually, "break down" shall be allowed until 10 PM. "Break down" for the public health and safety,. in the event of an emergency, shall be allowed outside of the hours specified above. JJ C:\Mv Documents\WPDOCS\CCResoArtsCUP.WPD RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF THE LA QUINTA ARTS FOUNDATION PROJECT, INCLUDING FESTIVAL GROUNDS, FOUNDATION BUILDING, PARKING LOTS AND ASSOCIATED FACILITIES, ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47TH AVENUE AND 48TH AVENUE CASE NO.: SPECIFIC PLAN 2000-042 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of June, 2000, hold a duly noticed Public Hearing to consider the request of La Quinta Arts Foundation for review of a Specific Plan to allow festival grounds, a Foundation building, amphitheatre, parking lots and associated land uses on 28.33 ± acres located on the west side of Washington Street, between 47th Avenue and 48th Avenue, and more particularly described as: Assessor's Parcel Number 643-090-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of May 23, 2000, hold a duly noticed Public Hearing for Specific Plan 2000-042, and recommended approval under Resolution 2000-036; and WHEREAS, the project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 00-394) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Specific Plan 2000-042, and a Mitigated Negative Declaration of Environmental Impact will be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Specific Plan 2000-042: Finding Number 1 - Consistency with General Plan/Zoning Code I. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports 74� C:\My Documents\WPDOCS\CCResoArtsSP.WPD 60 Resolution 00- Specific Plan 00-042 June 6, 2000 the development of a regional arts facility, as conditioned. The proposal also furthers the goals and objectives of the Circulation Element, insofar as it limits access to Washington Street. 2. The proposed Specific Plan is compatible with the City's zoning ordinance in that it provides standards for the proposed land uses, and implements requirements for Conditional and Minor Use Permits, as stipulated. Finding Number 2 - Compliance with the California Environmental Quality Act 1 . A Mitigated Negative Declaration of Environmental Impact has been prepared by the Community Development Department as required by the California Environmental Quality Act statutes. The assessment concludes that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 00-394). In this case, project mitigation includes berming and noise reduction measures, limitations to the hours of operation, compliance with City standards for the protection of groundwater and analysis of visual impacts. Finding Number 3 - Site Design 1. The project, as conditioned, is compatible with the City's standards and existing surrounding development. Conditions of approval have been included to ensure compliance with the City's standards. Each of the phases of the proposed Specific Plan will be required to submit Site Development Permit applications prior to development of the site. Finding Number 4 - Site Improvements 1. The extension of all public services, as required, will provide for the logical expansion of services in the City. 2. All improvements within and adjacent to the proposed project will be constructed to meet City standards and be compatible with surrounding development. 3. The Specific Plan, as conditioned, will not pose a hazard to the public health, welfare or safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: C:\My Documents\WPDOCS\CCResoArtsSP.WPD 61 Resolution 00- Specific Plan 00-042 June 6, 2000 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in Environmental Assessment 2000-394. 3. That it does approve Specific Plan 2000-042 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 6th of June, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California CAMy Documents\WPDOCS\CCResoArtsSP.WPD CITY COUNCIL RESOLUTION 2000- CONDITIONS OF APPROVAL RECOMMENDED SPECIFIC PLAN 2000-042 LA QUINTA ARTS FOUNDATION JUNE 6, 2000 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 permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. 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. 3. This development shall be subject to the Infrastructure Fee Program and Development Impact Fee program in effect at the time of permit approval. 74, CAMy Documents\WPDOCS\spARTS COA.wpd v PROPERTY RIGHTS 4. Prior to issuance of a grading or building permit, the applicant shall acquire or confer easements and other property rights necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services. 5. The applicant shall dedicate or grant public street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 6. Right of way dedications required of this development include: Washington Street - The remainder of applicant's 60-foot half of a 120-foot right of way. 7. The dedication shall include additional width as necessary for dedicated right turn lanes, bus turnouts, and other features contained in the approved construction plans. 8. The applicant shall create a 20-foot perimeter setback along Washington Street. This depth is the average depth if meandering wall design is approved. This setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 9. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures. 10. The applicant shall vacate abutter's rights of access to Washington Street from all frontage except access points listed below. 1 1 . The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 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. 743 C:\My Documents\WPDOCS\spARTS COA.wpd 64 12. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 13. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 14. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans for Washington Street on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 15. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to issuance of a grading permit. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 7 4 US C:\My Documents\WPDOCS\spARTS COA.wpd 65 J 16. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. GRADING 17. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved 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. 18. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 19. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 21. 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 The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 22. Stormwater precipitation and historic inflow from the peak 24-hour period of a 100- year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 23. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 744 C:\My Documents\WPDOCS\spARTS COA.wpd 6 24. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 25. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet. 26. Nuisance water shall be retained on site. 27. No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 28. The development shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 29. Prior to issuance of a grading permit, the applicant shall establish a plan for operation of the combined parking/retention areas during threatening weather and, during storm events, for notifying drivers that their vehicles could become inundated by flooding in the gravel parking areas. UTILITIES 30. 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. 31. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 32. 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 33. 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.) 34. OFF -SITE STREETS Washington Street (Major Arterial) - Construct remainder of 48-foot half- widt`7 U improvement plus an 8-foot sidewalk/bike path. C:\My Documents\WPDOCS\spARTS COA.wpd r� Entry drives, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer.. 35. Improvements shall include appurtenances such as traffic control signs and pavement markings. 36. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 37. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 38. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Major Arterial 5.5"/6.50" 39. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 40. General access points and turning movements of traffic are limited to the following: Main entry drive centered approximately 790 feet south of the north property boundary - 36-foot width. Secondary access drive located at the north property boundary - 32-foot width. LANDSCAPING 41. The applicant shall provide landscape improvements in landscape setbacks and in on -site areas as designated in the landscape plan for Specific Plan 00-042. 74- C:\My Documents\WPDOCS\spARTS COA.wpd 66 42. Landscape and irrigation plans 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. 43. 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 44. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. QUALITY ASSURANCE 45. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 46. 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. 47. 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. 48. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all 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 49. 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. 7505 C:\My Documents\WPDOCS\spARTS COA.wpd V i 50. The applicant shall schedule a dust control program for the gravel parking/retention areas. The program shall include regular applications of dust palliative at a frequency that ensures that the lots remain in a stabilized condition. FEES AND DEPOSITS 51. 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. COMMUNITY DEVELOPMENT DEPARTMENT 52. The text under Section 1.2.2, page 1 of the Specific Plan, shall be deleted, and the following inserted: Uses Permitted with approval of a Minor Use Permit: Festival Grounds Events for 50 or more persons not listed in Section 2.1 Banners in excess of those specifically described in this Specific Plan Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance Uses Permitted with a Conditional Use Permit: Educational facilities and classrooms Art galleries Administrative Offices Amphitheatre Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance Uses Requiring a Site Development Permit: Foundation Building Parking Lots (except the General Parking Lot) Amphitheatre Sculpture garden Box office building Headquarters events building Restroom buildings Native American Memorial Permanent Signage 53. The Specific Plan shall be amended to allow for the events listed in Section 2.1, without the submittal of Minor Use Permit applications. In addition, the following shall be added to Section 2.1: 75 C:\My Documents\WPDOCS\spARTS COA.wpd The Foundation shall, within 10 days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are planned in that quarter to the Community Development Department, to ensure compliance with the events lists in this Section. 54. All relevant text in the Specific Plan shall be amended to allow, with the approval of this Specific Plan, the following: 1. Rough grading 2. Perimeter landscaping 3. Construction of the general parking lot and installation of parking lot lighting. 4. Festival Grounds No Site Development Permit shall be required. All plans shall be submitted to the City Engineer and Community Development Department for review and approval prior to the initiation of any activity on the site. 55. The Foundation building shall not exceed 60,000 square feet in gross floor area, regardless of the number of storeys constructed. The word "footprint" when associated with 60,000 s.f. In the text shall be deleted. 56. The Specific Plan shall be modified to read that up to 20% of the total ground floor square footage of the Foundation building may be allowed to exceed 28 feet in height, subject to analysis of bulk and mass, and a line of sight study through the Site Development Permit process (pages 2, 14 of Specific Plan). 57. The Specific Plan shall be amended to read that "Set up" and "break down" activities in the festival grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050) (page 16 of Specific Plan). On Sundays and Holidays, the weekday hours of operation shall apply. For the 5 major and 5 medium events on the Festival grounds annually, "break down" shall be allowed until 10 PM. "Break down" for the public health and safety, in the event of an emergency, shall be allowed outside of the hours specified above. 58. Until such time as permanent restroom facilities are constructed, all Minor Use Permit applications shall include a site plan which identifies the specific location of all temporary restrooms. Consistent with the mitigation measures included in EA 00-394, such temporary restrooms shall be located at least 300 feet from the southern property line. 59. The first sentence of Section 1.2.2.4 shall be amended to read "According to Zoning Code, Table 401, aspects of this specific plan proposal also entail requirements for conditional use ("CUP") and minor use permits ("MUP")." (page 3 of Specific Plan). I CAMy Documents\WPDOCS\spARTS COA.wpd L 1iu111yurQ Wyce"t .7iTGfrt v vvvr—.— —.— vie Nc.. rcrr.y — — . 60. Table 2 of the Specific Plan, right hand column, 6th row, shall be amended to read "37 banners on -site." (page 4 of Specific Plan). 61. Table 2, Placement Restrictions, right hand column shall be amended to add "No banners shall be located within the landscaped parkway included in the Washington Street right-of-way." 62. A "Banner Plan" which identifies the ultimate location of all 37 on -site banners, shall be submitted for review and approval with the grading permit. All minor use permit applications for the proposed project shall be consistent with the approved Banner Plan. 63. Table 3 of the Specific Plan, right hand column, Max. No. of Stories: the text within the parentheses shall be moved to the row above, Max. Structure Height. 64. All Site Development Permits for parking lot areas shall include landscaping areas, to be built to City standards and which protect plantings, along the vertical axis of the parking row. The Site Development Permit application shall include immediate landscaping of all row ends upon construction, and shall include a date -specific phasing plan for installation of landscaping along the parking rows. Once approved, the phasing plan shall be implemented by the applicant in a timely manner. 65. Parking lot lighting to City standards shall be provided either by temporary mobile light poles or by permanent lighting fixtures meeting City standards. A parking lot lighting plan shall be submitted with all parking lot Site Development Permit or grading permit whichever occurs first. Bollard or similar height light fixtures shall be utilized wherever possible. Parking lot lights for any parking area which is to be hard -surfaced shall not exceed 24 feet in height and shall be directed downward. The lens shall be flush with the fixture. 66. The Specific Plan shall be amended to require 11 foot wide end stalls for all parking lot layouts. 67. The Specific Plan and subsequent Site Development Permit application for the artists' parking lot shall be amended to provide for 380 parking spaces, designed to meet City dimensional standards. Alternatively, 100 parallel parking spaces may be provided along the rear access road, by widening the road to a 36 foot width, minimum. 68. The Specific Plan text will be amended to refer to berming of 7.5 feet in height from the top of the Laguna de la Paz wall to the Festival grounds. The Grading Permit application will include analysis which clearly demonstrates that the berming will provide adequate site line interruption to effectively reduce noise impacts. C:\My Documents\WPDOCS\spARTS COA.wpd 69. Five copies of the Final Specific Plan, with all amendments required above integrated into the document, and with these conditions of approval appended to the document, shall be submitted to the Community Development Department prior to the issuance of any permit. 70. Prior to issuance of a grading permit, the applicant shall submit a properly identified landscaping plan and accompanying irrigation plan for all landscaping on the site, for review and approval by the Community Development Department. The plans shall also include hardscape details for the main and secondary access points, including special pavement treatments. All plans shall be consistent with the adopted Specific Plan. 71. Prior to the issuance of any grading permit on the project site, the applicant shall submit a written parking agreement to the Community Development Department. 72. Landscape materials adjacent to the western property line shall be limited to native plants only, and shall be designed to transition with the adjacent natural terrain. 73. The project proponent shall comply with all mitigation measures contained in the Addendum to EA 00-394. PUBLIC TRANSIT 74. The project proponent will construct, as part of the Washington Street parkway improvements, a night -lighted bus shelter, which meets the requirements of both the City of La Quinta and the SunLine Transit Agency. Improvements will also include a bench and waste receptacle. DOMESTIC WATER AND SANITARY SEWER 75. Pursuant to the requirements of the Coachella Valley Water District (CVWD), the project proponent shall annex to Improvement Districts Nos. 55 and 82 for sanitation service, at such time as any permanent sanitary sewer improvements are made on the site. 76. Landscaping, irrigation and grading plans shall be submitted to CVWD for review and approval. 77. All plans for domestic water connections to existing CVWD lines shall be submitted to the District for review and approval. FIRE DEPARTMENT 78. All water mains and fire hydrants required fire flows shall be constructed in accordance with the appropriate sections of the water district, subject to the approval by the Riverside County Fire Department. 70 �x C:\My Documents\WPDOCS\spARTS COA.wpd 79. Automatic fire sprinkler systems are required in all new structures 5,000 square feet or greater in size, in accordance with La Quinta City Ordinance 8.08.090. 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. 80. All interior fire apparatus access roads shall be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13'6". Any portion of an exterior wall of the first story of any building shall be located within 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. 81. Current proposed buildings will require a water system capable of delivering 1,500 gpm for a 2 hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. It is recommended that the applicant provide water mains capable of providing a larger fire flow for the future 60,000 square foot building in accordance with the 1997 Uniform Fire Code, Table A-III-A-1. 82. The required fire flow shall be available from a Super hydrant(s) (6"x 4"x 2.5"x 2.5") located not less than 25' or more than 165' from any portion of the building(s) as measured along approved vehicular travel ways. 83. Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate the location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 84. Prior to the issuance of a building permit, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans must be signed by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 85. The required water system including fire hydrants shall be installed and operational prior to the start of construction. 86. All gates on -site shall be equipped with Knox boxes, or equivalent, to the satisfaction of the Fire Department. SCHOOL FEES 87. The project proponent shall demonstrate their exemption from the payment of school fees, in the form of a certification from the school district, prior to the issuance of a building permit. lJ r+ .a C:\My Documents\WPDOCS\spARTS COA.wpd DRAFT ATTACHMENT 1 Planning Commission Meeting May 9, 2000 D. Environmental Assessment 2000-394. Specific Plan 2000-042, and Conditional Use Permit 2000-048; a request of the La Quinta Arts Foundation for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, approval of design guidelines and development standards to guide future development, and allow a visual performing arts education facility. 1 . Chairman Kirk opened the Public Hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Planning Consultant Nicole Criste informed the Commission of the proposed changes to the Specific Plan Conditions of Approval: Condition #57 be modified to read, "On Sundays and Holidays, the weekday hours of operation shall apply. For the five major events on the Festival grounds annually, breakdown shall be allowed until 10:00 p.m." Condition #67 modified to read, "Alternatively 100 parallel parking spaces may be provided along the rear access road by widening the road to a 36-foot width minimum." Condition #68 be amended to delete the words "Site Development Permit" and "Grading" used instead. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler questioned Condition #54.B. as to whether or not it included the berming. Staff stated it did. 3. Commissioner Robbins asked if the proposed parking lots would be paved. Staff stated the general parking is DG, the proposed is DG and the artist parking lot is also DG. Only the VIP parking and driveways are paved. The others serve as retention basins and are proposed in the Specific Plan as DG. 4. Commissioner Butler asked if DG complies with the PM 10 requirements. Staff stated it is clarified in the Specific Plan as to how it will be maintained to meet the PM 10 requirements. 5. Commissioner Abels asked what the circulation plan was to get into the Festival grounds. Nicole Crist explained the circulation plan on the exhibit. The adjoining gates would be used for unloading. 6. Commissioner Robbins asked about the Conceptual Site Plan 7 J ON where it shows a temporary turnaround but is not shown on the landscape plan. Why have a temporary turnaround? ' DRAFT CAMy Documents\WPDOCS\pc5-23-20.wpd 8 '�/� Planning Commission Meeting May 9, 2000 DRAFT 7. Chairman Kirk commended staff on the staff report. He questioned the parking and circulation plan contained in the Specific Plan. Guests and artists parking are addressed, but. are the employees or volunteers included in the parking calculations. Staff stated they are included in the count. 8. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Kay Wolfe, President of the Board of Directors for the Arts Foundation, asked if Father Barker could speak first. Father Jack Barker, St. Francis of Assisi Church, stated that on behalf of his 8,000 members of his church they are delighted to have the Arts Foundation as their potential neighbors. They have been looking for years to have a good neighbor and are happy to have them as it will help their parking problems. In terms of the development of the City, he would like to remind everyone that we have a vision of the cultural environment for this City that are contained in the City documents. As a spiritual leader in the City he has a concern for the quality of life in our community. If we only built houses, gas stations, and banks it will be boring. We have to build those things that will sustain the spiritual, educational, and artistic inner person. Obviously there are many details that need to be worked out as he would not want a concert at 1:00 a.m. in the morning either. Ms. Kay Wolfe thanked the staff for their time to study their project and their help preparing the necessary documents. She asked the Board Members, employees and scholarship recipients to indicate they were present in support of the project. She went on to give the history and mission of Foundation. 9. Ms. Susan Francis, Executive Director, stated she was representing the Board Members, employees, volunteers and students they serve. They have outgrown their festival and office facilities. They have tried to kept the Church informed as well as holding meetings throughout the Valley to keep people informed of their progress. Through these meetings, changes were made to the site plan to address the concerns of the neighbors. Their programs and services are good for the community and she went on to described those programs and services. Ms. Francis introduced Mike Smith and Steve Soboda, Warner Engineering, engineers for the project, Frank Delany, attorney for the Arts Foundation, Ron Gregory, landscape architect, and Eldon Lee with Korve Engineering. J r, DRAFT CAMy Documents\WPDOCS\pc5-23-20.wpd 9 1 DRAFT Planning Commission Meeting May 9, 2000 10. Mr. Frank Delany, attorney for the applicant, stated they have reviewed the staff report and generally agree with most of the Conditions as recommended. Condition #62 by reason of changes to Condition #54, is now acceptable. The changes made by staff regarding the hours of operation, are acceptable with one modification; the exception for major events, which would not be subject to the time limitations as required by the Zoning Code, they would request this apply to the five major events on page 3, as well as the five medium events, for a total of 10 events. Condition #64, they are requesting the Specific Plan be modified to permit them to use either DG or grassed turf depending on their choice. Condition #68 is acceptable. Condition #67, with the clarification made by staff, adding the additional 100 spaces by widening the access, they believe this Condition can be deleted. Condition #27, in regard to the retention basin, needs to be clarified. As the Commission knows, the retention basins were designed so the parking lots would not be visible from the street. This condition requires them to be visible and they believe this is inappropriate and ask that it be deleted. Condition #34 in regard to providing a ten foot sidewalk; they would request this condition be modified to require them to provide a six foot wide meandering sidewalk. The opportunity for a bike path to the south is eliminated because of the residential development, Laguna de la Paz, and to the north because of the church. 11. Ms. Nicole Criste responded in regard to Condition #67 by stating staff would disagree with the applicant's request because the condition now provides alternatives either in redesign of the parking lots to provide additional parking spaces, or in parallel parking along the rear driveway by increasing the width of the road. Staff would still support the condition as amended. Senior Engineer Steve Speer stated that in regard to the applicant's request for a six foot meandering sidewalk, staff would request that it be 8-feet, which would be a change to Condition #34. In regard to Condition #27, it is staff's decision they remain in place. Even though they may be redundant, they do serve a purpose. Commissioner Robbins questioned whether or not the upper retention basin would meet the criteria . 12. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. 753 13. Mr. Robert Ready, 48-241 Calle Floristas, submitted a letter of opposition containing 200 signatures objecting to the bRAFT The C:\My Documents\WPDOCS\pc5-23-20.wpd 10 78 Planning Commission Meeting May 9, 2000 CRAFT Commission is aware of the findings required to approve the applications. The applicant intends to use the property as its corporate headquarters as shown by the applications and signs that have been on the property for more than a year. Such a use is not consistent with General Plan or Zoning Code. The application does not comply with CEQA. The informational requirements of CEQA have not been met. For example, alternative sites have not even been mentioned, even though there are numerous such sites in the City. A full EIR should be prepared. The project is inconsistent with the surrounding already developed neighborhoods. The proposed use is commercial with a massive infrastructure, including an enormous parking lot consisting of 1624 parking spaces, the Festival grounds provide for 380 sales display pads. In short, what we have is the imposition of a tent city, a parking lot as large as WalMart, and commercial structures all used for commercial activity placed on Low Density Residential land. Surely, this commercial use is not compatible with the existing quiet residential neighborhoods of Laguna de la Paz and Lake La Quinta. The Specific Plan does not rise to even the minimum thresholds of matters to be included in the plan. It does not provide the text or diagrams which specify in detail the description, location and extent of the uses of the land within the area covered by the Plan. This Plan represents the applicant's wish list. Among other deficiencies, the applicant has not provided for sufficient parking for the level of activity anticipated. The applicant has stated they have a reciprocal agreement with St. Francis of Assissi Church for shared parking. However, if this were to occur, the Church would be in violation of its own current use permits which would render them subject to revocation. He cannot believe this is the intention of the religious authorities at St. Francis of Assisi. The Specific Plan required findings cannot be met for the very reasons that the Conditional Use Permit findings cannot be met. The predominate use in the area provides the yardstick for determining compatibility with neighboring uses. The applicant's property is a tiny island in the midst of a sea of Low Density Residential property and its commercial uses are not compatible with the neighborhood, nor is the property suitable for commercial activities. They are entitled to a fair hearing and expect that the evidence presented will be impartially reviewed and an equitable decision rendered by this tribunal. As the Commission is aware, any violation of the Zoning Code is a public nuisance and must be taken into consideration in their deliberations. The nuisances that the applicant's uses represent 7 j are fully covered in his written submittal. CAMy Documents\WPDOCS\pc5-23-20.wpd 11 DRAFT vs Planning Commission Meeting May 9, 2000 DRAFT 14. Ms. Helen Reddy, 48-241 Calle Floristas, stated a transaction is classified as commercial based on the nature of the conduct in light of the totality of the surrounding circumstances. The exchange of money for services, even by a nonprofit organization is quintessential commercial transaction. The interpretation that the applicant's proposed commercial operation is permissible under Table 9-1 Museum or Gallery Use, means that commercial operations on the scale proposed are permissible in residential areas. This is obviously inconsistent with and violates the General Plan. A Zoning Ordinance that is not consistent with the General Plan is invalid when it is originally passed. A cursory review of the applicant's submittal and staff's recommended Conditions of Approval will show that the project is consistent neither with the General Plan nor Zoning Code. The Commission should not recommend approval of the Conditional Use Permit for the proposed uses on Low Density Residential land which abuts an already developed residential community. This project should be placed in the Village. As the City Attorney stated to her and her husband, at a meeting on April 12th, attended by Mr. Herman, unless a Conditional Use Permit is approved, there is no need to even consider the question of a Specific Plan. The Commission should not do that here at this meeting. However, one comment is required on staff's Conditions of Approval, Condition #54. This is a blatant attempt at rezoning under the guise of Conditions of Approval for a Specific Plan. This is spot zoning at its worse. 15. Ms. Barbara Barba, 48,806 Andorra Street, Indio, stated she was in support of the proposed project and an active member of the Arts Foundation and went on to explained how she has been involved in the Foundation's programs. Cultural needs will only continue if the building plans are approved. The La Quinta Arts Festival brings revenue to City. Those who disagree with this building plan should read the permitted uses for this particular area established ten years before the residential area to the south was even proposed: She then read the uses listed on Table 4-1 Permitted Uses for the project site. If she were a resident to the south, she would rather have the Arts Foundation than some of the uses listed on the permitted list. 16. Ms. April Newberry, 48-103 Vista Cielo, stated she was a resident of Laguna de la Paz and when they bought their property they were told that this site was and is still zoned Low Density „ Residential housing. Any commercial development of this land is �O not consistent with the General Plan and Zoning Code. They are C:\My Documents\WPD0CS\pc5-23-20.wpd 12 DRAFT s0 "R-4,rr Planning Commission Meeting May 9, 2000 against the proposed commercial development by the Arts Foundation as it would have a severe detrimental effect -to their residential development and quality of life at Laguna de la Paz. 17. Mr. Christine Curry, 48-131 Vista Cielo, stated she was in support of the Arts Foundation. This project will be a major asset to the City. Its programs reach out to all ages and interests. It is a model studied by other communities. It sponsors one of the highest ranked art festivals in the country. 18. Mr. Carl Soderberg, 48-509 Via Encanto, stated he moved to La Quinta a year and a half ago to enjoy a quiet life span. He has nothing against the Art Foundation, but they have many other choices for a locations and if you look up and down Washington Street and see the traffic, like they do, you will see there is too much going on. They have to look at other choices and do their job as they want to. 19. Mr. Richard Ainsworth, 73-043 Somera, Palm Desert, stated the Arts Foundation has long supported his effort to pursue a career in graphic design through scholarships. He knows the Foundation is a vital part of the community and schools by promoting education in the arts which is sometimes overlooked. He thinks it is great that they are trying to expand their facilities to further promote their programs. 20. Mr. Richard Mayer, 48-118 Vista Cielo, stated he is speaking in opposition to the project, but is an enthusiast for the Arts Foundation. His concern is the traffic that will be generated. The staff report states Washington Street is three lanes in each direction, but in reality is only two lanes. The staff reports also states that the exits from the parking areas is limited. The only way out of the site is to go south down Washington Street. Then if you want to go east, you will have to get into the left turn pocket and compete with the U-turn people. To him this is not right. His biggest problem is the traffic it will bring it The Foundation has a tremendous idea, it is just in the wrong location. 21. Ms. Kathryn Hull, 77-260 Calle Chillon, stated this is an exciting concept and she sees nothing wrong with a commercial project on a commercial street as Washington Street which makes it easy to get in and out. Three years ago the City held workshops to identify what was needed in the City and a cultural/performing facility was needed. It is not just one group that needs this type 76j- C:\My Documents\WPDOCS\pc5-23-20.wpd 13 DRAFT 3 Planning Commission Meeting May 9, 2000 1)RAPT of facility, but the entire Valley. It would be a great gateway opening to the City and would make a statement that this City believes in more than businesses and buildings, it believes in a wonderful balanced, cultural developed life for its citizens. 22. Mr. Larry Newberry, 48-103 Vista Cielo, stated that as a homeowner within 500 feet of the proposed project, he rises in opposition, based on the fact that even though the La Quinta Arts Foundation is a nonprofit organization providing these wonderful services, which charges for most of these services. This, in his opinion, makes it a commercial operation and therefore, is inconsistent with the General Plan and the zoning regulations. This project will have a detrimental effect on the adjoining residents due to the increase in noise, lighting, traffic congestion, and pollution. As stated in Ms. Kay Wolff's letter to the City they indicated they will not only provide services, but will seek to promote other organizations to use the facility. This will only increase the problems for the adjoining neighbors. The applicant's applications asked for release from at least 14 Municipal Code and Zoning issues in order to operate this facility. The Environmental Impact Report, Item #8.A.-Storm and water runoff from the Santa Rosa Mountains into the Catch Basins, it states the water to be retained in the parking lots will be contaminated by oils, gasoline, and other chemicals leaked by the vehicles in the parking lot over a period of time. These hazardous materials can potentially percolate into the soil below the parking lot and eventually contaminate the ground water. As resident of Laguna de la Paz they have a multi -acre lake that is fed from ground wells adjacent to the property and they do all their irrigation and watering from these. He is concerned about the chemical levels that will be spread through out the 393 homes at the complex. 23. Ms. Deborah Godley 77-211 Calle Sonora, stated she does not have an affiliation with the Foundation, but has worked with them. She had no intention of speaking until she read to an article in the paper from a resident of Laguna de la Paz that was likening the Arts Festival to a giant collection of porta potties. She lives in La Quinta and attends the Arts Festival and in her opinion, this is a case of "nimby", or not in my backyard. It seems strange that such a wonderful entity as the Arts Foundation, with such educational goals, should be likened to a swap meet. One of the things that attracted her to La Quinta was the diversity in the people that live here. The Foundation does reach out to people 6� who otherwise would have no exposure to the aUs DRAFT CAMy Documents\WPDOCS\pc5-23-20.wpd 14 82 0 RAFT Planning Commission Meeting May 9, 2000 24. Mr. Ken Von Schnabl, 48-567 Via Amistad, stated the reason he is against this project is because of the lighting, traffic, and noise. What will happen when this project is started with as much traffic as there is now on Washington Street. The Church now has traffic coming in from all directions and there is only one exit. To add this traffic, to what they are proposing, how will the parking be handled. 25. Mr. Fred Wolff, 77-227 Calle Ensenada, stated he was privileged to lead the City to incorporation and served as it's first Mayor. He remembers what they discussed at that time the image of the City should be. The goal was to make it the cultural and art center of the this Valley. When this City was first started it was all zoned residential. No one could expect to see this continue as the City is growing so fast. You cannot count on vacant land next to you remaining residential and it is ludicrous to accuse the Arts Foundation as proposing a commercial venture. The Arts Foundation is not a WalMart, Thrifty Drug Store, etc., but a nonprofit organization that serves this community. Every organization is going to raise money. The Church raises money. Does that make them a commercial enterprise? The traffic on Washington Street is there whether the Festival is held in the Village or Washington Street. The traffic will not have to go as far as it use to, and most people will benefit from this new location. He is proud of this organization and how it has developed. It is self serving of those opposing this project. 26. Ms. Susan Clark, 51-220 Avenida Carranza, stated she has been living in La Quinta since the early 1980's and understands property values as her husband is a contractor. She is a school teacher at Adams Elementary School and wants to bring art to her students as she experienced it in her youth. She understands the time and effort to teach the basics due to the amount of time she spends on them. During the first two years of teaching at Adams School, she had the privilege of having a La Quinta Arts Foundation docent visit her fifth grade classroom to teach art once a week for five weeks. You cannot image the impatience of a fifth grader waiting for the docents to come. These students understand when someone outside their circle of parents and teachers care about them and what they know. The art docents care and they realize that a child without an appreciation of the DRAFT 7cs C:\My Documents\WPDOCS\pc5-23-20.wpd 15 83 ')RAPT Planning Commission Meeting May 9, 2000 arts has not had a complete education. This is an exposure that most of them would never have if it wasn't for the Foundation. Don't make an idle of your home and forget the ideals they have because of some perceived threat to their property. 27. Mr. Joseph Ferguson, 48-239 Calle Floristas, stated he and his wife bought their new home in Laguna de la Paz ten years ago, and at that time they inquired into the zoning of this property and was told it was zoned Low Density Residential. Now ten years later, from their backyard patio, they will see a berm with trucks, and maybe semi -tractor trailers, which will be parked in their employee parking lot during the run of a particular event. These trucks together with the construction of a visible major outdoor arena, violates the Low Density Residential zoning promised when they purchased their home. If this project is allowed to go forward, won't this be a great view from their property; dust, noise, lights, and generators. The applicant's have asked to change this either by zone change or conditional use permit. It is almost as though Laguna de la Paz does not count. He has nothing against the Foundation, but they have chosen the wrong location and the Commission must not allow them to proceed. A change in the zoning or use, is not fair to the residents of Laguna de la Paz. They were there first. 28. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 29. Planning Consultant Nicole Criste addressed the question of the temporary turn -around by stating the Specific Plan shows the temporary turn -around as temporary until the design and construction of the Foundation building, because when the Foundation building and its associated parking lot are. designed it will provide the turn -around for people who are blocked by the first set of gates. 30. Commissioner Tyler stated he has heard over and over again how important a role the Arts Foundation has played in the City's evolution over the last 18 years and the very important role it continues to play and wishes to play in the future. Both sides would agree to this. The facts are that the land was donated at DRAFT i6; C:\My Documents\WPDOCS\pc5-23-20.wpd 16 84 CRAFT Planning Commission Meeting May 9, 2000 this location and so that is where it is. Secondly, he keeps hearing the complaint that the project is commercial, yet no one is complaining that right across the street is a commercially zoned area. So the commercial flavor already exists. Third, is that at a recent Council meeting, on a much less important issue to the community, the Planning Commission was accused of a rush to judgement in denying a request after listening to an hour of testimony and then debating it for five minutes. He does not agree with this statement, but it was the perception that someone in the community has. Tonight we have been given massive amounts of material that needs to be understood and with the importance of this issue, the Commission needs time to assimilate this information before making a decision and he does not think there is time at this meeting to accomplish this. It is an important that they make the right decision based on all the information they have and more has been received at this meeting. He would therefore like to suggest a continuance to the first meeting in June. 31. Commissioner Abels stated he has lived in La Quinta for 32 years and he has seen a lot of development. Traffic has gotten heavier and will continue to get heavier as the years go by and we will have to learn to live with it. This project has been a long time coming to La Quinta. It is such a worthwhile project that it will make La Quinta the envy of the art world and not only locally, but nationally. The Foundation is to be commended as they have prepared a thorough application and it is unfortunate that there are those in the community who do not want it next door. The proposed berming and landscaping on the south side will help alleviate the problems. He agrees with the parking plan. In regard to the traffic, the Bob Hope Classic and other events have the same problems and police have been brought in to control traffic. It may be an inconvenience but how many times a year will this occur. It may be a commercial development, but not in the true sense. He has never seen a tractor trailer at any Festival, maybe an RV. 32. Commissioner Robbins stated he concurs with what has been stated and trusts that most of the opposition is in regard to the zoning and trusts that the City Attorney has reviewed the applications and the Commission in fact is in compliance with zoning and General Plan. City Attorney Dawn Honeywell stated DRAFT' CAMy Documents\WPDOCS\pc5-23-20.wpd 17 85 DRAFT Planning Commission Meeting May 9, 2000 the basic basis under the City's Zoning Code that this is project is before them is that they may have museums or galleries displaying sculptures, artwork or crafts, including school for the above, on 20 acres or more under a conditional use permit in a Very Low Density Residential or Low Density Residential, in fact any residential area of the City's community. It is the Planning Commission's job to make a determination that this project meets the definition in the Zoning Code. If the Planning Commission believes it will fit, then it will follow the General Plan and Zoning Code. Commissioner Robbins stated he too lives in the shadow the Indian Wells Tennis Stadium and when it was under review he heard how bad the noise and lights would be and now he can actually say he has not heard anything and the lights were off at a reasonable hours and were not an issue. There was a concern and you could not hear the concern. Based on this, he does not believe this project will be as detrimental as has been stated. The property behind his house is vacant and would he rather have a project such as this than a housing project. 33. Commissioner Abels stated that if a housing project were approved for this site the traffic would be greater on a daily basis than what will be created by this project. 34. Chairman Kirk asked staff how the traffic of a residential project would compare to this project. Mr. Eldon Lee, engineer for the project, stated the projection for a weekday event, or the amphitheater, which is probably the highest load, is outborne traffic when the traffic is over there would probably be 680 vehicles per hour, which is a small percentage of the overall traffic on Washington Street which is 19,000 vehicles a day. When they run the models on the traffic for these events it improves the signal operation level on Washington Street and 481h Avenue because of the amount of time to make the left turn and the amount of traffic moving south. You lessen the delays for the southbound traffic. Overall if you had a development on this site you would require the exit to be at signal Avenue 48 which would increase the traffic noise to Laguna de la Paz. Chairman Kirk asked if the egress/ingress was originally considered at 48th Avenue. Mr. Lee stated yes, and moved the egress/ingress for this project down site in reference to satisfying the complaints of the Laguna de la Paz residents. DRAFT 76U CAMy Documents\WPDOCS\pc5-23-20.wpd 18 Planning Commission Meeting May 9, 2000 CRAFT 35. Commissioner Butler asked if the comfort level for the Mitigated Negative Declaration is supported by independent parties who makes these studies. Planning Consultant Nicole Criste stated all studies prepared for this project were prepared by third party firms that were contracted with the Foundation. Our analysis for the EA Addendum was impartial, based on the analysis found in those studies, and all studies were current studies. 36. Commissioner Tyler stated he is for the project, but there are problems that needed to be worked out in regard to the details. 37. Commissioner Robbins stated he would be against grassing any of the parking areas as we need to look toward more efficient use of water. 38. Chairman Kirk stated he too would object to using grass in the parking lots. He is in support of the project. It is a great design that is well designed and conceptualized. He thanked the Foundation for reaching out to the neighboring communities. He agrees that the egress/ingress would normally be placed at 48tn Avenue, but due to the impact it would have on the adjoining residents, it has been moved to the north. 39. Commissioner Abels stated he thinks the issues should be ironed out and not continue the project. 40. There being no further discussion, it was moved by Commissioner Tyler to continue the project to June 13, 2000. The motion died for lack of a second. 41. Chairman Kirk stated there are some conditions that have been suggested and asked staff to comment on the sidewalk width (Condition #34). Senior Engineer Steve Speer stated the sidewalk shall be 8 feet. In regard to the fencing around the retention basin, the assumption is that even though it is not seen from Washington Street, there are other access pads where you can view the retention basins. Staff can work with some language to satisfy the Sheriff's Department concerns. We do try to keep the retention basins from being fence as they are less of a nuisance. The intent of the condition is "no fencing". 42. Commissioner Robbins stated his concern was not with the fencing issue, but that it not be visible from Washington Street. 76-47 Mr. Mike Smith, Warner Engineering, stated their concern over the DRAFT CAMy Documents\WPDOCS\pc5-23-20.wpd 19 8 r� DRAFT Planning Commission Meeting May 9, 2000 condition was that the parking lots are the retention basins and they are required to disguise the parking lots from Washington Street and therefore, could not comply with the condition. They are not proposing fencing but are proposing the berming behind the sidewalk to shield the parking lot from the street. Planning Consultant Nicole Criste suggested deleting the first sentence of the condition, so the issue of visibility would be eliminated and the fencing issue would remain. 43. Commissioner Tyler asked to review the hours of operation. The staff report refers to the construction hours that have been established for the community and he thinks they are totally inappropriate. The construction hours prohibit any construction activity on Sundays or holidays and also Saturdays 8:00 a.m.-5:00 p.m., and depending upon the time of year, Monday through Friday, from 6:00 a.m. to 7:00 p.m. or 7:00 a.m. to 5:00 p.m. This seems to be inconsistent with the ending hours of the events that are expected and could put a hardship on the artist who intends to go from event to event and needs to pick up and move on to the next event. If there is a time limit where they cannot do that after 5:00 p.m. and the event ends at 10:00 p.m. it could be a problem. Planning Consultant Nicole Criste stated the time restrictions do not apply to the five major events, they also do not apply to the activities at the amphitheater. The condition is specifically geared to festival grounds activities because of its adjacencies to sensitive receptors to the south. Commissioner Tyler asked which condition applies. Staff stated Condition #57 states the hours of operation and clarification needs to be added to the conditional use permit. The amendment to the condition would be that Sundays and holidays, the facility would be able to operate under the weekday rules for construction. Discussion. followed regarding hours of operation. Following discussion a recommendation was made to add a sentence to Condition #57 that stated "breakdown is allowable for public health and safety under emergency conditions. 44. Chairman Kirk stated he concurred with the applicant that this condition apply to the conditional use permit as well. 45. Commissioner Tyler stated his concern about the berms as the staff report states the Festival grounds are already three feet above the level of Laguna de la Paz and then you add berms which are seven and a half feet which could reaches 10 feet in height. 76. DRAFT CAMy Documents\WPDOCS\pc5-23-20.wpd 20 8 8 DRAFT Planning Commission Meeting May 9, 2000 It may keep the noise level down, but people on top of the berms can look into their yards. The Laguna de la Paz wall is six feet above their ground level and then it appears the homes have a setback and then another wall. On the Foundation grounds you have a seven and a half berm on top of a three foot height elevation difference of ten and a half feet which invades the privacy of those in Laguna de la Paz. Planning Consultant Nicole Criste stated Exhibit 6 in the Specific Plan shows three graphics and the central figure shows the property line at the top of the wall is 65.5 feet and the top of the berm is 73 feet. The berm does not occur on the top of the raised land of the Festival ground. 46. Commissioner Butler stated that currently there is blow sand against the property line wall, and if you do not put a retaining wall on top of the berm, the wind will blow the sand right into the residents. Staff noted it would all be landscaped. 47. Commissioner Tyler asked if the berms had to be that high. Staff stated they did for noise and visual impacts. 48. Mr. Ron Gregory, landscape architect, stated it is not their intention to create a berm that would impede the view of the residents of Laguna de la Paz. He would suggest, even though they have the berms at the levels that are appropriate, when the shaping occurs, they can modify the berms to some degree to address the concerns of the homeowners. The same thing would apply to planting. It is not their intention to plant large materials and obliterate views which are desirable, but rather block those views that are not desirable. With the reduced grade where parking would occur, plus the berm adjacent to it, between the parking and the wall, all of the trucks would be screened. 49. Commissioner Tyler stated that in the staff report, it states the artist parking lot the spaces are smaller than usual and yet the artists usually have vans, RV's, etc. which would require larger spaces than usual. Mr. Mike Smith, Warner Engineer, stated the volunteers would be parking the vehicles which would allow them to be parked closer than normal. The spaces are not marked. 50. Chairman Kirk asked if they had any concerns about how much parking there is in the back area. Is staff's recommendation good, or would they like to reduce it. Mr. Smith stated they concur with staff's recommendation. DRAFT 76on CAMy Documents\WPD0CS\pc5-23-20.wpd 21 89 Planning Commission Meeting May 9, 2000 DRAFT 51. Commissioner Tyler stated that if the street is widened to 36 feet and then park an eight foot RV on either side you narrow the useful part of that street down to 20 feet. Planning Consultant Nicole Criste stated the Fire Department requires a 20 foot clearance but with a 36 foot wide curb to curb with parking on both sides, they should have the clearance. 52. Commissioner Tyler expressed his concern about the lighting plan for the parking lot adjacent to Washington Street, but would agree with staff's recommendation for the bollard lighting. Condition #38 should be corrected to require what the applicant will be using. Condition #40, 41, and 42 should be straightened out and tell what the requirements are for the turning movements on those two access points. 53. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-034 recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-394. 54. Commissioner Tyler asked if the City Attorney had read the material submitted in objection and whether or not it had any bearing on whether or not they should make a decision. City Attorney Dawn Honeywell stated she had not had the opportunity to read the material. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 55. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-035 recommending approval of Specific Plan 2000-042, subject to the Findings and Conditions of Approval as amended. a. Condition #7: Delete reference to a left turn lane. b. Condition #27: delete the first sentence. C. Condition #34: 8 foot sidewalk bikepath d. Condition #38: modify to the street standards that apply to the project. e. Renumber #40, #41, and #42 f. Condition #54: the text under Section 1.2.2, Page 1 of the Specific Plan shall be deleted and the following inserted: C AMy Documents\WPDOCS\pc5-23-20.wpd 22 DRAFT 90 Planning Commission Meeting DRAFT May 9, 2000 Uses Permitted with Approval of a Minor Use Permit. Festival Grounds Events for 50 or more persons not listed in Section 2.1. Banners in excess of those specifically described in this Specific Plan. Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance. Uses Permitted with a Conditional Use Permit. Educational facilities and classrooms. Art galleries, Administrative Offices, Amphitheatre, Other uses as permitted in Section 9.40, Residential Development Standards of the La Quinta Zoning Ordinance. Uses Requiring a Site Development Permit. Delete Festival Grounds. Foundation Building, Parking Lots (except General Parking Lot), Amphitheatre, Sculpture garden, Box office building, Headquarters events building, Restroom buildings, Native American Memorial, Permanent Signage. g. Add Condition 54A.: The Specific Plan shall be amended to allow for the events listed in Section 2.1, without the submittal of Minor Use Permit applications. In addition the following shall be added to Section 2.1: The Foundation shall, within ten days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are planned in that quarter to the Community Development Department, to ensure compliance with the events lists in this Section. h. Add Condition: All relevant text in the Specific Plan shall be amended to allow, with the approval of the Specific Plan, the following: 1. Rough grading 2. Perimeter landscaping 3. Construction of the general parking lot and installation of parking lot lighting. 4. Festival Grounds DRAFT CAMy Documents\WPD0CS\pc5-23-20.wpd 23 91 DRAFT Planning Commission Meeting May 9, 2000 No Site Development Permit shall be required. All plans shall be submitted to the City Engineer and Community Development Department for review and approval prior to the initiation of any activity on the site. i. Condition #57: Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and five medium events as well. j. Condition #65: to require bollard or low lighting. k. Condition #67: Add an alternative allowing for the construction of 100 parallell parking spaces and widening of the rear drive to 36 foot minimum. I. Condition #68: Remove "Site Development Permit" and add "grading" M. Add Condition: Prior to the issuance of any grading permit on the project site, the applicant shall submit a written parking agreement to the Community Development Department. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 5. It was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2000-036 recommending approval of Conditional Use Permit 2000-048, subject to the Findings and Conditions of Approval as amended. a. Condition #3: Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and medium events as well. ROLL CALL: AYES: Commissioners Abels, Chairman Kirk. NOES: None. None. CAMy Documents\WPD0CS\pc5-23-20.wpd 24 Butler, Robbins, Tyler, and-,-, ABSENT: None. ABSTAIN: DRAFT 92 J. ROBERT KLINK 49680 Coachella Dr., La Quinta, CA 92253 (760) 771-3877 lgbob@aol.com June 1, 2000 The Honorable John Pena, Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mayor Pena: CC'. C M Me 1C, This letter is to inform you of the complete and total support my wife, Kimberly, and I have for the La Quinta Arts Foundation new site. The new site will allow the La Quinta Arts Foundation to continue its vital work in support of the arts. The new site will offer the entire Coachella Valley a variety of cultural events. The City of La Quinta will also benefit from this expansion by becoming an even greater cultural landmark in the Coachella Valley. Kimberly and I moved permanently to La Quinta just over a year ago but we have been supporting the arts all our lives. One of the many reasons we chose La Quinta was the support the city gives to the arts and vital work the La Quinta Arts Foundation does. The La Quinta Arts Foundation has a long history (over 18 years) as an important contributor to our community and has given almost $400,000 in art scholarships. We urge everyone at City Hall to favorably consider the pending Specific Plan for the La Quinta Arts Foundation's new site development so that they can continue to carry out their mission, Promoting and Cultivating the Arts Through Education. Sincerer 1 Cc: Don Adolph, City Council Terry Henderson, City Council Ron Perkins, City Council Stanley Sniff, City Council Tom Genovese, City Council Jerry Herman, Community Development Director Jacques Abels, Planning Commission Richard Butler, Planning Commission Tom Kirk, Planning Commission Steve Robbins, Planning Commission Robert Tyler, Planning Commission Susan Francis, La Quinta Arts Foundation 7 !', <nI _:0 F�, —mi j JUN 5 2000 1 The Honorable John Pen Mayor CITY Of L � Y CITY IyiANAIE S DEPT. City of La Quinta Post Office Box 1504 La Quinta, CA 92253 Tuesday, June 6, 2000 Honorable Mayor, Nineteen years ago some visionary people set out to incorporate our community. Some of those same people also incorporated an educational foundation for the arts that would benefit everyone in the Coachella Valley. Their dreams were of a mecca for the arts — a center for the arts. Tonight your support for passage of the La Foundation's S c Plan and Conditional Use Permit will mark the beg lfiiAaent of ths of nineteen years ago. By now you have received many letters in ject for La ~ and some that are not. The benefits for an Art Ce ington Str ire many. I am sure you have heard most. However, ike to poin one nefit that maybe you haven't heard Most everyone wants progress to some. ent or ,. another. Without growth, communrtte die Without growth, young people leave to s find other places that will suppo the iisto c is oetter place t6 live: Without: intellectual growth thosc'who are leon'the = ary education years will look x = x elsewhere to fulfill those needs, All: The L QuintaArts Foundation's rie t and with "our s rtwil u4^ ,M . 3 UI fulfill therowing needs for intellectual' ent in our community an ... it benefit y , c,�nine:Coachella Valley.,,..-,.,,,, 41, Please lendour most` vigorous support fo as ` night.,. Sincerely, Ty �k 7 Lh. ar � d C 4 E� John Weidenhamer -Post Office Box 8 -La Quinta CA 92253 -Studio 760 775 2295 Fax 760 775 2294 7 � j JUN-05-00 12:01 PM LQAF April 24, 2000 760 564 6$24 James W. Cornett Ecological Consultants Christi Salamone La Quinta Arts Foundation P.O. Box 777 La Quinta, California 92253 Dear Ms. Salamone: On April 21 and 23, 2000,1 conducted focused surveys for the endangered Coachella Valley Milk Vetch, Astragalus lentiginosus eoaehellae, on the proposed site of the La Quints, Arts Center on Washington Street in La Quinta. Although I did find several ephemeral species in bloom including the desert sunflower (Geraea canescens), hairy sand -verbena (Abronia villosa), and brown -eyed primrose (Camissonia claviformis), I did not find any specimens or evidence of the milk vetch. This is the second year in a row that I have conducted spring surveys on your project site in search of the milk vetch. My inability to locate a single specimen strongly suggests that it does not occur on or immediately adjacent the project site even though the habitat is suitable, This apparent absence probably reflects the fact that there is no longer a seed source for this species since the sandy areas of the site are completely surrounded by urbanization or unsuitable habitat. The milk vetch is restricted to areas of loose, windblown sand. The fruits of this species must be blown onto this substrate from adjacent areas of like substrate. Because of surrounding urbanization, there are no longer windblown sand areas contiguous with your project site and thus no way that milk vetch seeds can be blown onto your property. All seeds that might have been generated on site in past times have most likely been blown to the east, across Washington Street. Please do not hesitate to contact me should you have questions regarding my finding. inc rely, ames . Cornett 06-05-00 P.O. Boy 846 PaIrn Spr+nas Caiiiorn;a 92263 Telephone `7601) 320-8135; Fax (760) 320-6182 11:53 RECEIVED FROM:760 564 6884 P•02 A Focused Coachella Valley Fringed -toed Lizard and Flat -tailed Horned Lizard urvey for the Proposed La Quinta Arts Foundation Center Site, d �3a� La Quinta, California tilnb V1 On May 16, 2000, a focused Coachella Valley Fringed -toed Lizard (Uma inornata) (CVFTL) and Flat -tailed Horned Lizard (Phrynosoma mcallii) (FTHL) survey of the proposed La Quinta Arts Foundation Center site in the City of La Quinta was conducted by John F. Wear and Michael Luhrs of Biological Resource Specialists. The twenty-eight acre project site is bordered on the east by Washington Street, on the north by a church and parking lot, on the south by a walled residential development, and on the east by the edge of the Santa Rosa Mountains. The site is located in the east half of the Southwest Quarter of Section 30, Township 5 South, Range 7 East, as shown on the La Quinta, California 7.5 Minute Quadrangle (See Figure 1). This survey was conducted to establish whether these two species of lizards are still present on the site. The site is an island of undeveloped land surrounded by development on the north, across Washington Street on the east, and south. The site is a piece of semi -intact Coachella Valley blow sand habitats with dunes and mesquite hummocks in the western half of the site that build to the mountains, and a lower eastern portion that is hard pan with a clay surface. This site also appears to have undergone some change in groundwater levels with areas of mesquites with dead portions, which appear unhealthy. The survey was conducted between 1000 and 1200 PDT under a 2% cloud cover, following a night of strong winds, with a slight breeze from the east and with an air temperature range of 25 ° (79' F) to 29' C (85' F). The entire site was walked using meandering transects around and in the large hummock, producing approximately a two -fold walkover. All lizard species and lizard predators observed or detected were recorded. Unobserved species were identified through indirect sign (i.e., scats, tracks, calls, nests, burrows, etc.). Scientific nomenclature for this report is from Stebbins (1985). The purpose of this directed survey was to determine whether CVFTL or FTHL was present on the site. These lizard species are tied to sandy habitats in the Coachella Valley and in the case of the FTHL the sandy portions of the Imperial Valley. Both species were once common in the Coachella Valley with the CVFTL reaching very large densities on the blow sand in the center of the valley and usually easily detected in occupied habitat. The CVFTL also constructs its own burrows which were observed and excavated by John F. Wear during a two year study in the Palm Springs Panorama area with A. Sidney England in the late 1970s. The CVFTL is listed by the federal government as threatened and state listed as endangered. The FTHL is protected by the California Department of Fish and Game (CDFG) and a "Species of Special Concern" (SSC), and is managed by the federal government under a special management plan in the southern portion of its range. The FTHL was a rare species in the Coachella Valley in the late 1970s with only one lizard being observed during two seasons of field work, approximately sixty mandays. As noted above, the site had been swept of tracks by the high winds of the night before and only tracks of animals active on the morning of the survey were observed, an optimum activity period for the CVFTL. Tracks of western whiptail (Cnemidophorus tigris) and the lizard itself were ", Trailer I kiwi' I =1 radian We1W ppy <• --------- - co... ........ 0 p so .. . ....... (P .......... ISO ------- --- 6i O Project Site 011 X Developed ----------- 777 o well 0 0 o • • ;: % .. ....... ----- --- _o . •Wa "0 ter -7 if If Scale: 1" = 2,000 Feet PROJECT SITE MAP LA QUINTA ARTS FOUNDATION CENTER SITE Iq North Map Source: La Quinta, California, USGS 7.5 Minute Quadrangle Map Figure I 2 777 observed. A single side -blotched Iizard (Uta stansburiana) was also observed. No CVFTLs, their tracks orburrows were observed on the site and no FTHL or their diagnostic (ant remains filled) scats were observed during the survey. The site does support harvester ants, the prey species of FTHL, but very few other insects were observed. The tracts of the greater roadrunner (Geococcyx californianus) and human beings as well as domestic dog scats were observed on the site. Domestic cats from the surrounding developments are expected to utilize the site for hunting. The site appears to be an island of former CVFTL habitat that no longer supports the lizard. On the basis of the observations of this survey it is concluded that there will be no "take" of CVFTL or FTHL as a result of the development of this site. p �b a 000 John F. Wear Date Senior Biologist Biological Resource Specialists 7 (.v 3 California Department of Fish and Game. 1998. State and Federally listed endangered and threatened animals of California. Natural Diversity Data Base (NDDB). Cornett, James W. 1999. Biological Assessment and Impact Analysis of the proposed La Quinta Arts Foundation Center. Located within the City of La Quinta, California. Prepared for: The La Quinta Arts Foundation. Field Study and Report Completed by: James W. Cornett, Ecological Consultants, P.O. Box 846, Palm Springs, California 92263 Stebbins, Robert C. 1985. A Field Guide to Western Reptiles and Amphibians. Houghton Mifflin Company, Boston. 336 pp. 77 4 BIOLOGICAL RESOURCE SPECIALISTS 35813 Carter Street, Yucaipa, CA 92399-9678 (909) 797-1372 JOHN F. WEAR SENIOR BIOLOGIST / PROJECT MANAGER EDUCATION • Bachelor of Science, Biological Science, University of California, Riverside, June 1973. Graduate work, Biological Science, California State Polytechnic University, Pomona. PROFESSIONAL EXPERIENCE • Independent Consulting Biologist, Biological Resource Specialists, November 1996 to Present. Conducting sensitive species, baseline biological, and revegetation surveys for projects in Southern and Central California including: Arroyo toad and yellow -legged frog status surveys for the San Bernardino National Forest, mine development and expansion, CalTrans Interstate-15 widening, housing developments, oil field expansion, road grading in desert tortoise habitat, landfill expansion, golf course developments in the Coachella Valley, and a San Diego horned lizard reintroduction program in Temecula Creek. • Senior Biologist for a San Bernardino -based consulting firm. Conducted baseline biological assessments, rare plant surveys, reptile and amphibian surveys, desert tortoise surveys, wetland and "Waters" delineations, revegetation plans for various mining projects. Wrote draft Biological Assessments (BA) and biological sections of draft Environmental Assessments (EA), draft 2081 and 10A permits for various projects involving impacts to state and federally listed species. Qualified by the California Department of Fish and Game, BLM and U.S. Fish and Wildlife Service to survey for desert tortoise (see attached partial project list for more details). • Independent Consulting Biologist, conducted baseline biological surveys on projects in southern and central California and southern Nevada. Supervised tortoise monitoring and trained tortoise monitors for a number of projects. • Associate biologist for San Diego -based consulting firm. Emphasis on preparation of environmental reports, impact assessments, and mitigation plans for San Diego projects. 7 4"S 0 BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 2 • Terrestrial biologist conducting surveys for the Southern California Edison Company. Emphasis on endangered and sensitive species, including the San Joaquin kit fox, blunt -nosed leopard lizard, desert tortoise, and Bakersfield cactus. • Instructor for laboratory and discussion portion of the Introductory Biology Course for Majors at California Polytechnic University, Pomona. • Research Associate, University of California, Los Angeles. Conducted a study of wild tortoises - collected and documented blood and tissue samples from wild desert tortoises for the genetic study of the tortoise, San Bernardino and Riverside counties (SCE funded). • Wildlife biologist employed by the U.S. Forest Service to revise and develop fauna habitat relationships document on reptiles and amphibians in Southern California. • Biological aide for the U.S. Forest Service. Worked on faunal habitat relationships, emphasizing reptiles and amphibians in Southern California. • Biological technician employed by the U.S. Bureau of Land Management, Desert Plan Staff. Work involved participation in the development of a comprehensive management plan encompassing 25 million acres of public land in the California Desert. • Curator of Zoology, Riverside Municipal Museum. Responsible for the maintenance and curation of zoological specimens. Information source for the public, responsible for answering inquiries and conducting lectures. • U.S. Peace Corps, Swaziland, Africa. Worked as agriculture/science teacher. Wrote the draft Peace Corps/Swaziland Country Plan, describing duties, responsibilities, and timetable of activities for secondary school agriculture teachers. PROFESSIONAL AFFILIATIONS • Research Associate, San Bernardino County Museum • California Native Plant Society • Desert Tortoise Council • Society for the Study of Amphibians and Reptiles • Herpetologist's League • Society for Ecological Restoration BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 3 PUBLICATIONS Olson, T. E. and J. Wear. 1994. Recommended guidelines for construction monitoring of desert tortoises. In: The Desert Tortoise Council: Proceedings of the 1987-1991 Symposia. Pages 195-200. BIOLOGICAL PROJECT EXPERIENCE • Lead Monitor, Desert Tortoise Monitoring for the Level 3 Optic Fiber Lines, Clark County Nevada, and San Bernardino County, California, HDR Engineering. • Rare Plant Surveys for the Level 3 Optic Fiber Lines, San Bernardino and San Diego Counties, California, HDR Engineering. • Arroyo Toad Surveys for the Level 3 Optic Fiber Lines, San Bernardino and San Diego Counties, California, HDR Engineering. • Environmental Monitor for the Level 3 Optic Fiber Lines, Corona to Yorba Linda, Riverside and Orange Counties, California, HDR Engineering. • Baseline Biological Survey for the 6.5 Acre Development Site, Wiley Wells Road, Riverside County, California, Dick Darling, Tustin, California. • Sensitive Species Monitoring for Seismic Testing of the 160 Acre Victorville Landfill for San Bernardino County Solid Waste Management Department, NORCAL/San Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Tortoise Monitoring for the Construction of a Tortoise Proof Boundary Fence for the Trona Transfer Station, Trona Landfill, San Bernardino County, San Bernardino County Solid Waste Management Department, NORCAUSan Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Sensitive Species Monitoring for the ARCO Pipeline, Various Projects, San Bernardino County, California, Ted Rado, Riverside, California. • Sensitive Species Monitoring for the Cadiz Lands, Test Well Drilling Project, Fenner, San Bernardino County, California, Lilburn Corporation, San Bernardino, California. • CalTrans, 1 -15, San Diego Horned Lizard Survey for the 1 -15 Bridge Widening, Mojave River, Victorville, California, Wildland International, Las Vegas, Nevada. BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 4 • Baseline Biological Survey for the GTE, Lenwood Road, Mojave River Phoneline Crossing, Barstow, California, Ted Rado, Riverside, California. • Sensitive Species Monitoring for Southern California Gas Company, Major Pipeline Repair, west of Desert Center, Riverside County, KDJ & Associates, Las Vegas, Nevada. • Follow-up Avian Use Survey for the Mid -Valley Landfill, Rialto, California, for San Bernardino County Solid Waste Management Department, NORCAL/San Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Spring Floral and Riparian Nesting Bird Follow-up Surveys for the 160 Acre, Baseline Great Western Ranches, R-Ranch, Pine Meadow, Garner Valley, Riverside County, California, Richards Mueting Wilkes, Lilburn Corporation, San Bernardino, California. • Desert Tortoise Relocation Program, RHEOX, INC., Hector Mine, San Bernardino County, Lilburn Corporation, San Bernardino, California. • Floral Survey for the Proposed Southwest Gas Pipeline from Cramer Junction to Adelanto, San Bernardino County, California, RMI, Western Botanical Services, Reno, Nevada. • Arroyo Toad Survey for the Summit Valley Proposed Development, Little House Thief Creek, Hesperia, San Bernardino County, California, Ted Rado, Riverside, California. • Tortoise Monitoring for the Construction of a Tortoise Proof Boundary Fence for the Baker Landfill Cover Site, Baker, San Bernardino, County, San Bernardino County Solid Waste Management Department, NORCAL/San Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Baseline Biological Survey for Tom's Quarry, North of the City of Blythe, Riverside County, California, Crawford and Associates, Blythe, California. • Baseline Biological Survey and Revegetation Plan for a the 120 Acre, HiGrade Materials Expansion, Lucerne Valley, San Bernardino County, California, Webber & Webber Mining Consultants, Redlands, California. • Sensitive Species Survey for the Re -grading of the MWD Desert Water Roads, East Mojave Desert, San Bernardino County, California, Ted Rado, Riverside, California. 78% BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 5 • Baseline Biological Survey for Tentative Tracts 14604 and 14881, Verdemont Area, City of San Bernardino, Michael John Enterprises, El Segundo, California. • Baseline Biological Survey for Tentative Tract 15759, Verdemont Area, City of San Bernardino, Empire and Associates, San Diego, California. • Baseline Biological Survey of the ARCO Pipeline, Cabazon, Riverside County, California, Ted Rado, Riverside, California. • Molycorp EIR, Respose to Comments, Biological Issues, Lilburn Corporation, San Bernardino, California. • Sensitive Species/Baseline Biological Survey of the Big Bear Special Districts Baldwin Lake Property, San Bernardino County, California, Lilburn Corporation, San Bernardino, California. • Sensitive Species/Baseline Biological Surveys of the San Bernardino County Solid Waste Management Department's Lucerne Valley and Newberry Springs Landfills, Redlands, San Bernardino County, California, for NORCAUSan Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Oak Tree, Nesting Raptor, and Ground Squirrel Mitigation Surveys, on the 9.34 Acre Whisper Ranch Development Site, Yucaipa, California, Simmons Construction, Yucaipa, California. • Baseline Biological Survey for the 260 Acre Traditions Golf Resort Development, La Quinta, California, Lilburn Corporation, San Bernardino, California. • Revegetation Plan for the Amboy Limestone Quarry, San Bernardino County, California, Pluess-Staufer (California) INC. Lucerne Valley, California. • Spring Floral Survey and Revegetation Plan for the Cal West Products Newberry Springs Quarry Expansion Project, San Bernardino County, California, Webber & Webber Mining Consultants, Redlands, California. • Baseline Biological Survey and Revegetation Plan for a Proposed Marble Mine, Cowhole Mountains, San Bernardino County, California, Webber & Webber Mining Consultants, Redlands, California. • San Diego Horned Lizard Relocation Study for the Temecula Creek Channel Restoration Site, Riverside County, California, Riverside County Transportation Land Management Agency, Riverside, California. 784 BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 6 • Baseline Biological Survey and Revegetation Plan for the Beck Iron Mine Expansion, Kingston Mountains, San Bernardino County, California, Webber & Webber Mining Consultants, Redlands, California. • Directed Sensitive Species Survey for Amphibians (Arroyo toad, California red -legged frog) and Triple -ribbed milk -vetch, Chino Canyon, Palm Springs, California, Shadowrock Resort, Palm Springs, California, Lilburn Corporation, San Bernardino, California. • Floral and Herpetological Survey, 270 Acre Proposed Mountain Falls Golf Course Project, Tachevah Debris Basin, Palm Springs, California, Smith, Peroni & Fox, Palm Springs, California, Lilburn Corporation, San Bernardino, California. • Sensitive Species/Baseline Biological Survey for the Edtington, Deluze Mitigation Site, San Diego County, California, Vincent N. Scheidt, San Diego, California. • Spring Floral Survey for the Mid -Valley Landfill Proposed Expansion Area, Rialto, San Bernardino County, California, for NORCAL/San Bernardino, Inc., Lilburn Corporation, San Bernardino, California. • Sensitive Species for the Mobil Oil Company's Bellridge Operations, Seismic Testing and Future Developments, Kern County, California, Dame & Moore, Santa Barbara, California. • Baseline Biological Survey of the Pepper -Linden Street Alignment, City of San Bernardino, Lilburn Corporation, San Bernardino, California • Delineation of Waters of the United States, Chino Canyon, Palm Springs, California, Shadowrock Resort, Palm Springs, California, Lilburn Corporation, San Bernardino, California. • Baseline Biological Survey, Great Western Ranches, R-Ranch, Pine Meadow, Garner Valley, Riverside County, California, Richards Mueting Wilkes, Lilburn Corporation, San Bernardino, California. • Sensitive Species/Baseline Biological Survey of the San Bernardino County Solid Waste Management Department's Barstow Landfill Proposed Expansion Area, Redlands, San Bernardino County, California, for NORCAL/San Bernardino, Inc., Lilburn Corporation. • Delhi Sands Flower -loving Fly Survey for the Strathan Group Site, Southridge Village, City of Fontana, Toomey & Associates, Yucaipa, California, Lilburn Corporation, San Bernardino, California. �8 BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 7 • Baseline Biological Survey of the Proposed Franscioni & Griva Corporation's Proposed Stream Restoration and Gravel Removal Project Site, Arroyo Seco River, Monterey County, California, Nancy Isakson Consultant/Management Services, Carmel, California, Lilburn Corporation, San Bernardino, California. • Desert Tortoise Survey for the Henderson, Nevada portion of the California - Nevada Land Exchange between the City of Los Angeles and the Federal Government (BLM), Dames & Moore, Goleta, California. • Sensitive Species Survey for the ConTel Fiber Optics cable route from Ridgecrest to Helendale, California, Dames & Moore, Goleta, California. • Sensitive Species Survey for the Kern River Gas Transmission Company Pipeline Route, San Joaquin Valley to California Border (Ivanpah Valley), Dames & Moore, Goleta, California. • Biological Monitoring of the U.S. Sprint Fiber Optic Cable Project, Rialto, California to Las Vegas, Nevada, Dames & Moore, Goleta, California. • Desert Tortoise Survey for the Henderson, Nevada portion of the California - Nevada Land Exchange between the City of Los Angeles and the Federal Government (BLM), Dames & Moore, Goleta, California. • Sensitive Species Survey for the ConTel Fiber Optics cable route from Ridgecrest to Helendale, California, Dames & Moore, Goleta, California. • Sensitive Species Survey for the Kern River Gas Transmission Company Pipeline Route, San Joaquin Valley to California Border (Ivanpah Valley), Dames & Moore, Goleta, California. • Desert Tortoise Survey of General Telephone's Proposed Underground Vault Site, Joshua Tree, California, Urrutia Architects, Palm Desert, California. • Biological Survey of the Proposed Patton Golf Course, East Valley Water District, URS Consultants, San Bernardino, California. • Biological Assessment and Follow-up Oak Surveys for Housing Project in San Dimas, California, Lange Engineering, Upland, California. • Biological Assessment/Santa Ana River woollystar (Eriastrum densifolium ssp. sanctorum) Survey on East Valley Water District's Well Sites, San Bernardino County, URS Consultants, San Bernardino, California. • Biological Assessment for Lytle Creek Water Treatment Plant Site and Pipeline Routes, URS Consultants, San Bernardino, California. Mr BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 8 • Biological Assessment for Aiken Cinder Mine, San Bernardino County, California, Aiken Builders Products, Las Vegas, Nevada. • Sensitive Species/Baseline Biological Survey and Biological Assessment of the NL Hector Mine, San Bernardino, County California, NL Industries, Newberry Springs, California. • Biological Survey of the proposed Santa Ana Regional Interceptor Alignment Alternatives, URS Consultants, San Bernardino, California. • Desert Tortoise Surveys for JDV Construction, Inc., Las Vegas, Nevada. • Desert Tortoise Survey for the American Pacific Financial Corporation, San Bernardino County, California. • Sensitive Species/Baseline Biological Survey of Whiskey Pete's Hotel Proposed Well Sites and Conveyance System, Ivanpah Valley, San Bernardino County, URS Consultants, San Bernardino, California. • Biological Assessment of the Wheaton Springs Borrow Pit, Ivanpah Valley, San Bernardino County, URS Consultants, San Bernardino, California. • Revegetation Plan for the Borrow Pit in the Sweetwater River Flood Plain for Home Capital Development Group, San Diego County, California, Brian F. Mooney & Associates. • Biological Resource Mitigation Surveys for Proposed Transmission Line from Coachella to Heber, California, Imperial Irrigation District, Mission Power Engineering, Irvine, California. • Revegetation Plan for the Crystal Hills Sand and Gravel Mine, Lucerne Valley, California, URS Consultants, San Bernardino, California. • Faunal Inventory Survey of the Chocolate Mountains, Imperial County, California, Department of the Navy, Desert Tortoise Council. • Biological Assessment of the Yucaipa Valley Water District, Yucaipa, California, for Tom Dodson & Associates, San Bernardino, California. • Biological Assessment of the Boere Property, Riverside County, California, J. Ronald White & Associates. • Vermite Site Review for the Anden Group, Santa Clarita, California, for Tom Dodson & Associates, San Bernardino, California. 7 Q BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 9 • Biological Assessment, 404 and 1603 permit processing of Riparian Habitat for 500-unit HB Ranch Development, Riverside, California. Paragon Homes, Inc., Santa Ana, California. • Sensitive Species/Baseline Biological Surveys and Biological Assessment of Borate Mine and Processing Facilities at Fort Cady, San Bernardino County, California. Fort Cady Minerals, Inc., Toronto, Ontario, Canada. • Sensitive Plant Species and Desert Tortoise Survey for the Texaco Coolwater Coal Gasification Expansion and Relicensing, Daggett, California, for Tom Dodson & Associates, San Bernardino, California. • Desert Tortoise and Sensitive Plant Species Survey for Victor Valley Investments, Sitting Bull Project, Apple Valley, California. • Sensitive Plant Species Inventory and Mitigation Plan, Partin Limestone Mine, Gifford Hill & Company, Lucerne Valley, California. • Biological Assessments of the Landers, Barstow, Victorville and Lenwood- Hinkley Landfills for the County of San Bernardino Solid Waste Department, San Bernardino, California. • Oak Hills Biological Assessment, Victorville, California, for the Amity Group, Marie E. Gilliam & Associates, Newport Beach, California. • Biological Assessment for the West Helm Construction Company, three hundred acre site in Running Springs, California. • Habitat Conservation Plan (10(a) Permit) for the Carl E. Jones Construction and Development Company's 160 acre site in Apple Valley, California. The first 10a Permit written for desert tortoise in California. • Desert Tortoise Surveys for the Windsor/Scharton Proposed Development Sites, Silver Lakes, California. • Desert Tortoise Surveys for the U.S. Borax Test Drilling, Newberry Springs, California. • Baseline Biological/Desert Tortoise Survey and Revegetation Plan for the National Chloride Company of America Operations at Bristol Dry Lake, California. • Raptor and Rare Plant Mitigation Survey for KRXV Transmission Tower Site, Goffs Butte, San Bernardino County, California. �8 BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 10 • Biological Assessment for the Cactus Queen Mine Site, California Portland Cement, California. • Biological Assessments of the Indian Trails Road Realignment, San Bernardino County, Public Works Agency, San Bernardino, California. • Biological Assessments of the Mountain View Basin and the Mojave River Levee Expansion, San Bernardino County Flood Control and Public Works Agency, San Bernardino, California. • Biological Assessment of the Corona Wastewater Treatment Facility Expansion, Metcalf & Eddy, Corona, California. • Orange -throated Whiptail (Cnemidophorus hyperythrus) and San Diego Horned Lizard (Phrynosoma coronatum b/ainvillei) Survey for the 70,000 acres of the Irvine Company holdings in Orange County, California. This data was used in the Central Orange County NCCP. Conducted for the Irvine Company. • Desert Tortoise Survey of the 7.7 acre Harber property, Phelan, San Bernardino County, California. • Desert Tortoise/Baseline Biological Survey, Mitigation Plan and Revegetation Plan for the 100 acre Kilo Gold Mine, Johnson Valley, San Bernardino County, California. • Baseline Biological Survey for Granite Construction's Metz Quarry Expansion, Monterey County, California. • Baseline Biological Survey, Desert Tortoise Mitigation Plan, Draft 2081, Draft 10(a) Permit, and Revegetation Plan for Industrial Asphalt's Oro Grande Quarries, San Bernardino County, California, Webber & Webber Mining Consultants. • Desert Tortoise/Baseline Biological Survey for the 317 acre California City Redevelopment Area, California City, Kern County, California. • Desert Tortoise/Baseline Biological Survey, 26 mile AT&T Fiber Optic Replacement Route, Coachella Valley, Riverside County, California, David Evans & Associates, Inc. • Desert Tortoise Survey for a 1.25 mile proposed buried ConTel Phone line, from Lenwood Road east under 1 -15, Barstow, San Bernardino County, California. 7E " BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 11 • Desert Tortoise Survey of the Harry Oliver Trail Road Improvements, Coachella Valley, Riverside County, California, Riverside County Transportation Department. • Desert Tortoise Clearance, 174 acre RHEOX, Inc. Hector Mine Expansion, Hector, San Bernardino County, California. • Desert Tortoise/Baseline Biological Surveys for the Molycorp, Inc., Mountain Pass Operations, Various Surveys, Revegetation Plan, Mitigation Plans, and Monitoring Programs. Mountain Pass, San Bernardino County, California. • Desert Tortoise/Baseline Biological Survey, Desert Tortoise Mitigation Plan, and Revegetation Plan for Sigma Stone, 49 acre Black Angel Mine Site, Hawes Road, San Bernardino County, California, Webber & Webber Mining Consultants. • Desert Tortoise/Baseline Biological Survey for the 150 mile Victorville to Bakersfield, AT&T Optic Fiber Replacement Line, Kern and San Bernardino Counties, California, David Evans and Associates. • Sensitive Species/Baseline Biological Surveys for the C.L. Pharris Santa Ana River operations, in the cities of Highland and Redlands, San Bernardino County, California. Target species included the state and federally listed endangered slender -horned spineflower (Dodecahema lepfoceras) and Santa Ana River woollystar (Eries#rum densifolium ssp. sanctorum). • Rare Plant Surveys for the Barton Flats horkelia (Horkeiia wilderae) along a proposed ConTel buried optical fiber alignment, Barton Flats, San Bernardino National Forest, San Bernardino County, California. • Baseline Biological Survey for Cushenbury Springs Riparian Area for a Mitigation Management Plan, Lucerne Valley, San Bernardino County, California, Mitsubishi Cement Corporation. • Baseline Biological Survey, To -a -Tee Proposed Golf Site, Upland, San Bernardino County, California • Baseline Biological Survey with Small Mammal Trapping for the 381 acre Cemetery Development in Simi Valley, Ventura County, California. Wrote EIR Biological Section and responses to comments. ESA, Inc., Los Angeles, California. • Sensitive Species/Baseline Biological Survey with Small Mammal Trapping for City of Palm Desert 540 acre North Sphere Project Site, Palm Desert Coachella Valley, Riverside County, California. Wrote EIR Biological Section and Cumulative Impacts Biological Section. Smith, Peroni, and Fox, Inc., Palm Springs, California. 70c BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 12 • Sensitive Species/Baseline Biological Survey for a 55 acre Commercial Development Site abutting the Coachella Valley Preserve, Cathedral City, Coachella Valley, Riverside County, California. Target species included the state and federally listed Coachella fringe -toed lizard (Uma inomata) and the federal candidate Coachella milkvetch (Astragalus lentiginosus var. coachellae). Richards, Mueting, Wilkes, Riverside, California. • Sensitive Species/Baseline Biological Survey with Small Mammal Trapping for 700 acre Oak Summit Development Project Site, Rancho Cucamonga, San Bernardino County, California. Wrote the Biological Report, the EIR Biological Section, and Responses to Comments for Biological Impacts. Conducted Follow-up Rare Plant Surveys and Wrote Possible Mitigation Scenarios for the Site. ESA, Inc. • Orange -throated Whiptail (Cnemidophorus hyperythrus) and San Diego Horned Lizard (Phrynosoma coronatum blainvillel) Survey for the Santa Margarita Company, Rancho Mission Viejo, Orange County, California. • Herpetofauna Survey for Southern California Edison's San Dieguito Wetlands Mitigation Plan, Del Mar, San Diego County, California. • Sensitive Species/Baseline Biological Survey for the Rancho Santa Fe Road Widening, San Marcos, San Diego County, California. Transtech, Inc. • Testing Bird Mitigation Survey for the State Highway 86 Extension Project for Granite Construction, Coachella Valley, Riverside County, California. • Sensitive Species/Baseline Biological Survey of the San Bernardino County Solid Waste Management Department's San Timoteo Landfill 446 Acre Proposed Expansion Area, Redlands, San Bernardino County, California, for NORCAL/San Bernardino, Inc. • Sensitive Species/Baseline Biological Surveys of the Rancho San Andreas Company's Highland Hills Ranch Development Sites in the City of San Bernardino and the City of Highland, San Bernardino County, California. • Sensitive Species/Baseline Biological Surveys of the Rancho San Andreas Company's Sterling Avenue, Secret Hollow Development Site and Access Road in the City of San Bernardino, San Bernardino County, California. 79" BIOLOGICAL RESOURCE SPECIALISTS John F. Wear Page 13 • Sensitive Species/Baseline Biological Surveys for the expansion of the Mitsubishi Cement Corporation's Cushenbury Limestone Quarry. Target species included. the federally listed endangered Cushenbury milkvetch (Asfragalus albens), Cushenbury buckwheat (Eriogonum ovalitolium var. vineurn), Cushenbury oxytheca (Oxytheca parishii var. goodmaniena) and the federally listed threatened. Parish's daisy (Erigeron parishil), San Bernardino County, California. Sensitive Species/Baseline Biological and Revegetation Surveys for the 120 acre U.S. Gypsum's Imperial County Mine Expansion. Included a Revegetation Plan and Test Program. Imperial County, California. • Sensitive Species Survey for the Sigma Rock Road Alignment in Cajon Pass, Target Species included the Slender -horned Spineflower and Short -joint Beavertail Cactus (Opuntia basileris var. brachyclada), San Bernardino County, California. • Sensitive Species/Baseline Biological Survey of the Moonridge Zoo Relocation Sites, T. I. .Maloney, Inc., Big Bear Valley, San Bernardino County, California. 79P- BIOLOGICAL RESOURCE SPECIALISTS 35813 Carter Street, Yucaipa, CA 92399-9678 (909) 797-1372 MICHAEL LUHRS BIOLOGICAL TECHNICIAN EDUCATION • College Courses in Biology • Desert Tortoise Council - Desert Tortoise Survey Techniques Workshop 1995 PROFESSIONAL EXPERIENCE Member of the Biological Resource Specialists' Herpetological Survey Team March 1998 to Present. Conducting sensitive herpetological species surveys for arroyo southwestern toad (Bufo microscaphus califomicus), mountain yellow -legged frog (Rana muscosa), San Diego horned lizards (Phrynosoma coronatum blainvillei), desert tortoises (Gopherus agassizil), and various other amphibian and reptile species for baseline biological surveys and monitoring for projects in Southern and Central California including: mine development and expansion, Flood control, housing developments, road grading in desert tortoise habitat, landfill expansion, Qualified by the California Department of Fish and Game, BLM and U.S. Fish and Wildlife Service to survey for desert tortoise (see attached partial project list for more details). • Twenty-five years of amphibian and reptile collecting in California from the Oregon Border to the Mexican Border, Arizona, New Mexico, Texas, and the Southeastern United States. • Amphibian and reptile collecting in Vietnam, American and Western Samoa, Fiji, and the Philippines. • Twelve years as a commercial Reptile collector in California (until this was banned in California in the late 1970s) and in Mexico (under permit). • General Building Contractor 1980 until 1997. PROFESSIONAL AFFILIATIONS • Inland Empire Reptile and Amphibian Society (Board Member) 17) BIOLOGICAL RESOURCE SPECIALISTS Michael Luhrs Page 2 • Founding member of the Sacramento Herpetological Society (now the Northern California Herpetological Society) BIOLOGICAL PROJECT EXPERIENCE • Desert Tortoise Monitoring for the Level 3 Optic Fiber Lines, Clark County Nevada, and San Bernardino County, California, HDR Engineering. • Rare Plant Surveys for the Level 3 Optic Fiber Lines, San Bernardino and San Diego Counties, California, HDR Engineering. • Arroyo Toad Surveys for the Level 3 Optic Fiber Lines, San Bernardino and San Diego Counties, California, HDR Engineering. • Rare Plant Surveys for the AT&T Optic Fiber Line, San Diego and Riverside Counties, California, Foster Wheeler Engineering. • Environmental Monitor for the Level 3 Optic Fiber Lines, Corona to Yorba Linda, Riverside and Orange Counties, California, HDR Engineering. • Mountain yellow -legged frog survey for the San Bernardino National Forest, San Bernardino National Forest, San Bernardino, California. • Arroyo Toad Survey for the San Bernardino National Forest, San Bernardino National Forest, San Bernardino, California. • Tortoise Monitoring for the construction of the Baker Boulevard Bridge, for K and H Smith, Bishop, California and San Bernardino County TransFlood Department, San Bernardino, California. • Tortoise Monitoring for the construction of the Twenty-nine Palms Landfill Transfer Station, for NORCAL San Bernardino, Lilburn Corporation, San Bernardino, California. • Desert Tortoise Survey for the Hi -Grade Materials, Lucerne Valley, aggregate quarry operations expansion, Webber & Webber Mining Consultants, Inc., Redlands, California. • Desert Tortoise Survey for the Tom's Quarry Expansion, Crawford & Associates, Blythe, California • San Diego Horned Lizard Relocation Study, Spring 1998 follow-up survey, Temecula Creek, Riverside County Trans/Flood Department, Riverside, California. 79 11 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE* STUDY SESSION: Public Meeting on Landscape and Lighting Assessment District No. 89-1, Fiscal Year PUBLIC HEARING: 5 2000/2001 Informational Public Meeting only. The anticipated revenues identified in the Engineer's Report reflect assessments totaling $773,675 in Fiscal Year 2000/2001. None. On May 16, 2000, the City Council adopted the following two (2) resolutions:. ► Resolution No. 2000-42 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2000/20011 ► Resolution No. 2000-43 (Attachment 2), declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1 . A description of the services to be provided throughout the District. 2. Total costs necessary to provide all services described in the Engineer's Report. T:\PWDEPT\COUNCIL\2000\000606a.wpd 3. A diagram showing the boundaries of the District, including special benefit zones. 4. An assessment schedule. The May 2000 Engineer's Report, prepared by City staff with the parcel reconciliation completed by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2000/2001. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2000/2001 in comparison to the Fiscal Year 1999/2000 Engineer's Report: FY 1999/2000 FY 2000/2001 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 21,467 21,732 EDU Rate $35.60/EDU $35.60/EDU District Revenue $764,225 $773,675 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The total proposed Landscape & Lighting Budget expenses for 2000/2001 total $1,530,923. This amount reflects the cost estimates for exempt landscape maintenance projects (within the road right-of-way) and non-exempt landscape maintenance projects (parks and facilities). The total cost for exempt projects as indicated in the Preliminary Engineer's Report is $1,142,872. Last year the total estimate for exempt projects in the District was $1,041,586. The increase in cost for exempt projects is due to the addition of the following medians in the Engineer's Report: 1. Avenue 52 from Desert Club Drive to Avenida Bermudas. 2. Calle Sinaloa from Avenida Bermudas to Eisenhower Drive. 3. Calle Tampico from Washington Street to Eisenhower Drive. 4. Washington Street (within the City limits) from the Whitewater Channel to the north City boundary (approximately 600' north of Darby Road). 5. Prototypical Street Landscaping - Calle Estado. 6. Washington Retention at Sagebrush (last year). 7. Calle Tampico Frontage (last year). 8. La Fonda Landscaping. 9. Eisenhower Drive Median from Fernando north to the median terminus. 10. Highway 1 1 1 Median from the west City limits to Adams Street. 11. Seasons Retention Basin. 12. Washington Street Median from Highway 111 to the Whitewater Channel n Bridge. 790 002 T:\PWDEPT\COUNCIL\2000\000606a.wpd The proposed 2000/2001 budget of $1,142,872 for exempt projects includes $1 ,137,309 for the total citywide benefit zone and $5,563 for the North La Quinta Sub Zone expenses. As was the case in Fiscal Year 1995/1996, Fiscal Year 1996/1997, Fiscal Year 1997/1998, Fiscal Year 1998/1999, and Fiscal Year 1999/2000, it is proposed that the North La Quinta Sub Zones continue to be identified in the Engineer's Report and the expenses be funded from sources outside of the Landscape & Lighting Assessment District. In accordance with Proposition 218, assessments cannot be increased without a vote of the public during an election year in which City Officials are running for election. Therefore, last year's assessment of $35.60 per EDU is proposed for the Fiscal Year 2000/2001 assessment. With the new parcel reconciliation, the estimated total revenue for the District is $773,675. The difference ($369,197) will be funded through the General Fund. The purpose of the Public Meeting is to allow affected property owners an opportunity to ask questions of the Council and staff regarding the District and to provide public testimony regarding the proposed changes. A Public Hearing has been noticed for the June 20, 2000 City Council Meeting. The purpose of the Public Hearing is to allow affected property owners an opportunity to submit written protests regarding the proposed changes outlined in the Preliminary Engineer's Report. The proposed fee levels are not approved at this time. Only after the Public Meeting and Public Hearing have been conducted, can the Council adopt assessment fees for Fiscal Year 2000/2001. The purpose of the Public Meeting is to provide affected property owners an opportunity to ask the City Council and staff questions pertaining to the proposed changes to the Landscape and Lighting Assessment District 89-1 for Fiscal Year 2000/2001, as outlined in the Preliminary Engineer's Report, dated May 2000. Therefore, there are no recommendations or alternatives at this time. Respectfully submitted, Chris A. Vog , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWOEPT\COUNCIL\2000\000606a.wpd 79 003 Attachments 1 . Resolution 2000-42 2. Resolution 2000-43 798 004 T:\PWDEPT\CO U NCIL\2000\000606a. wpd ATTACHMENT 1 RESOLUTION NO. 2000-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2000/2001 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council of the City of La Quinta, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on April 4, 2000, order the City Engineer, Chris A. Vogt, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001 in connection with La Quinta Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED this 16'h day of May, 2000, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None )r lifornia 79v 006 Resolution No. 2000-42 L&LD 89-1 /FY 2000/2001 Report of the Engineer Adopted: May 16, 2000 Page 2 ATTEST: J . GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYW 'LL, City Attorney City of La Quinta, California Soo 007 ATTACHMENT 2 RESOLUTION NO. 2000-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council by its Resolution No. 89-9 initiated proceeding pursuant to provisions of the Landscape and Lighting Act of 1972,*being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment "District No. 89-1 ", shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within proposed La Quinta Landscape and Lighting Assessment District No. 89-1 for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the proposed La Quinta Landscape and Lighting Assessment District No. 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta (hereinafter referred to as the "City Council") has previously formed Landscape and Lighting District No. 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). 80? -0 Resolution No. 2000-43 Assessment District 89-1 Landscape & Lighting Adopted: May 16, 2000 Page 2 i n 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, and 2) that the public interest requires, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2000 and ending June 30, 2001 to pay for the costs and expenses of the improvements described in Section 4 hereof. Section 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries. of the City. Section 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Section 5. Notice is hereby given that the 6t' day of June 2000, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. Section 6. Notice is hereby given that the 20t' day of June 2000, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La, Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. Section 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. il• i Resolution No. 2000-43 Assessment District 89-1 Landscape & Lighting Adopted: May 16, 2000 Page 3 PASSED, APPROVED AND ADOPTED this 16' day of May 2000, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pena NOES: None ABSENT: Council Member Perkins ABSTAIN: None JOWJJ PENA ayor City of La Quinta, California ATTEST: JU GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 0 1 TWY� 4 XP Q" COUNCIL/RDA MEETING DATE: June 6, 2000 Joint Public Hearing Between the Redevelopment Agency, the La Quinta City Council and Catellus Residential Group to Consider Termination of Two Affordable Housing Agreements Between the Agency and Catellus Residential Group for the Property Located at the Northwest Corner of Jefferson Street and 48th Avenue. Applicant: Catellus Residential Group RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the joint Public Hearing of the City Council until June 20, 2000. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The negotiations for the Amendment has not been completed to date. Therefore, staff is requesting this item be continued to the City Council meeting of June 20, 2000. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Continue the Public Hearing to June 20, 2000; or 2. Provide staff with alternative direction. Respectfully submitted, Herman munity Development Director Approved for Submission, Thomas P. Genovese, City Manager C:\My Documents\WPDOCS\ccjh AHATerm Cat CC.wpd T4'y,i 4 aCP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 6, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: A Joint Public Hearing Between the La Quinta PUBLIC HEARING: Redevelopment Agency, the City Council and Recreation Group of Companies and LINC Housing to Consider Two Affordable Housing Agreements Between the Agency and Recreation Group of Companies and LINC Housing RECOMMENDATION: Continue the joint Public Hearing of the City Council until June 20, 2000. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW Upon electing to terminate the existing agreements with the Catellus Residential Group for the Miraflores residential development, the Agency authorized staff to negotiate with RecreAction Group of Companies (RGC). The goal was to achieve an orderly transition of this project to a new development entity. RGC has agreed to assume the Miraflores development with no modifications to the site plan and building configurations. The agreements required to institute the RGC transaction, however, could not be completed until a termination agreement and a final accounting of the improvements needed to complete Miraflores was concluded with Catellus Residential Group, the current developer. Thus, staff is requesting that the Public Hearing be continued until June 201h in order to final the agreements with RGC and make them available for public review. C:\My Documents\WPDOCS\CCJH-RGC CC.wpd 805 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue the joint Public Hearing of the City Council until June 20, 2000.; or 2. Provide staff with alternative direction. Respectfully submitted, -ry Herrpan mmunity Development Director C:\My Documents\WPDOCS\CCJH-RGC CC.wpd Approved for submission Thomas P. Genovese, City Manager $t v 02