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* 2022-05-05 SBEMP (Bauer) PRA Coral Mtn ResortOfficial Use Only Statutory Date: _______________ Department & Staff Member: _______________ Staff Member/ Date Records Provided: _______________ Copy Cost: _______________ Notes: _______________________________________________________________________ CITY OF LA QUINTA CITY CLERK’S DEPARTMENT 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760)777 – 7000 | Fax: (760) 777 – 7107 E-mail: CityClerkMail@LaQuintaCA.gov REQUEST FOR PUBLIC RECORDS (COMPLETION OF THIS DOCUMENT IS REQUESTED TO FACILITATE REQUESTS FOR RECORDS) DATE: PHONE: NAME: FAX: COMPANY: YOUR STREET ADDRESS: CITY: STATE: ZIP: EMAIL: I wish Ŀto view Ŀto pay for copies of the following records: Please be as specific as possible about the type of records you are requesting (i.e. building permits, building plans, business license, etc); always include address, development name, and/or APN or property description, if applicable. Your request will be processed in compliance with the California Public Records Act, except with respect to public records exempt from disclosure. While it is the City’s policy to respond to requests for public records as quickly as possible, the Public Records Act allows the City up to 10 days to determine whether the documents will be disclosed. The City shall make records promptly available for inspection during regular business hours; however, if a request to inspect records entails numerous files and/or documents, the City reserves the right to set a date and time when the records will be made available for inspection. 2QFHWKLVIRUPLVFRPSOHWHGSOHDVHGRZQORDGDQGHPDLO WRWKH&LW\&OHUNJHQHUDOHPDLOOLVWHGDERYH 05/05/2022 (760) 322-2275 Bruce T. Bauer (760) 322-2107 Slovak Baron Empey Murphy & Pinkney 1800 E. Tahquitz Canyon Way Palm Springs CA 92262 bauer@sbemp.com See description in Attachment "A" hereto for the requested documents. All such document can be produced in an electronic format and email to bauer@sbemp.com. 1 ATTACHMENT “A” PUBLIC RECORDS ACT REQUEST - #3 / May 4, 2022 CITY OF LA QUINTA CITY CLERK’S DEPARTMENT 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760)777 – 7000 | Fax: (760) 777 – 7107 E-mail: CityClerkMail@LaQuintaCA.gov BECAUSE THE BELOW PROJECT IS PRESENTLY BEING CONSIDERED BY THE CITY OF LA QUINTA AND IS NOW BEING CONSIDERED BY THE CITY AT ITS CITY COUNCIL MEETING, REQUESTOR WILL NEED IMMEDIATE AND FULL COMPLIANCE WITHIN THE TEN (10) DAY REQUIREMENT. This is a request under the California Public Records Act (California Government Code § 6250 et seq.) and Article I, § 3 of the California Constitution. On behalf of La Quinta Residents for Responsible Development (“LQRRD”) request that the following public records be made available for our review pursuant to the Public Records Act, Government Code §§ 6250 et seq. ("Public Records Act"), pertaining to a “Wave Festival Project.” As used herein the term “Wave Festival Project” is defined to mean the Coral Mountain Resort that includes up to 600 residential units (496 in the Low Density Residential areas, and 104 in the Tourist Commercial area); up to 150 hotel rooms; up to 60,000 square feet of Neighborhood Commercial uses at the southwest corner of Madison and Avenue 58; up to 57,000 square feet of Resort Commercial uses in the Tourist Commercial area; a 18 -million gallon, 16.6 acre private- use surf/wave pool (the “Wave Pool”) and the equipment to create the waves, maintenance and water treatment buildings and a water tank; 26.5 acres of "back of house" area immediately south of the wave pool, which can include parking, temporary buildings, and facilities for operations and special events; 24 acres of open space on the south end of the property to include trails, rope courses, and passive and protected open space; and development agreement; and Site Development Permit for the wave basin area of the project. We would like all records relating to Wave Festival Project, including but not limited to: (1) All correspondence, from January 1, 2020 onward, between the City of La Quinta (hereinafter the “City”) and anyone concerning the possible development of the Wave Festival Project. (2) Any and all applications and documents from the applicant for the Wave Festival Project, from January 1, 2020 onward, submitted in support thereof, from any party, including but not limited to The Wave Development, LLC, Meriwether Companies and/or Big Sky Wave Developments concerning the possible development of the Wave Festival Project. (3) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020, onward, between the Mayor, City Councilmember, 2 City Planning Commission member and/or any staff with the City with anyone concerning the possible development of the Wave Festival Project. (4) All documents, including all correspondence, emails, text messages, and communications of any nature whatsoever, pertaining to methodology utilized by Terra Nova Planning & Research (“Terra Nova”), to evaluate water usage for the Wave Pool for the Wave Festival Project. (5) All documents, including all correspondence, emails, text messages, and communications of any nature whatsoever, pertaining to methodology utilized by Terra Nova to evaluate water usage for the Wave Pool for the Wave Festival Project rather than the methodology that Terra Nova utilized to evaluate a wave base in the City of Palm Desert. (6) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020 onward, between the Mayor, City Councilmember, City Planning Commission member and/or any staff with the City regarding the Wave Festival Project including anyone affiliated with, a member of, employee, consultant or agent of The Wave Development, LLC. (7) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020 onward, between the Mayor, City Councilmember, City Planning Commission member and/or any staff with the City regarding the Wave Festival Project including anyone affiliated with, a member of, employee, consultant or agent of Meriwether Companies. (8) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020 onward, between the Mayor, City Councilmember, City Planning Commission member and/or any staff with the City regarding the Wave Festival Project including anyone affiliated with, a member of, employee, consultant or agent of Big Sky Wave Developments. (9) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020 onward, between the Mayor, City Councilmember, City Planning Commission member and/or any staff with the City regarding the Wave Festival Project including anyone affiliated with, a member of, employee, consultant or agent of the Coachella Valley Water District. (10) All correspondence, emails, text messages, and communications of any nature whatsoever, from January 1, 2020 onward, between the Mayor, City Councilmember, City Planning Commission member and/or any staff with the City regarding the Wave Festival Project including anyone affiliated with, a member of, employee, consultant or agent of Imperial Irrigation District. Under the Public Records Act, the term "public record" is defined broadly and includes "any writing containing information relating to the conduct of the public's business ... regardless of physical form or characteristics." (Gov. Code§ 6252(e).) The term "writing" is then defined as follows: Any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible 3 thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Gov. Code § 6252(g).) Therefore, the phrase "public records" includes, but is not limited to, all formal or informal scientific studies or reports, computer disks, electronic mail and any other electronically-stored documents, audio or video tape recordings, letters, memoranda, notes, lists, notices, charts, papers, and other writings. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, we ask that you redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. If I can provide any clarification that will help expedite your attention to our request, please contact me at 760.322.2275 or bauer@sbemp.com. In addition, in City of San Jose v. Superior Court (2017) 2 Cal.5th 608, the California Supreme Court unanimously held the public has a right to see emails and text messages pertaining to public affairs that are sent from, or received on, government employees’ and officials’ personal devices and email accounts. Therefore, the phrase "public records" includes, but is not limited to, all formal or informal scientific studies or reports, computer disks, electronic mail and any other electronically-stored documents including text messages, and communications of any nature whatsoever, on personal devices, audio or video tape recordings, letters, memoranda, notes, lists, notices, charts, papers, and other writings. Because this request is on a matter of public concern, we request a fee waiver. We are also requesting that documents be provided in electronic format if at all possible. Doing so would eliminate the need to copy the materials and provides another basis for our requested fee waiver. According to the California Public Records Act (California Government Code § 6253(c)), a response is required within 10 days. SINCE THIS REQUEST IMPACTS THE PENDING APPROVAL OF THE PROJECT PRESENTLY BEFORE THE CITY COUNCIL, YOUR COMPLIANCE WITHIN THIS 10-DAY TIMEFRAME IS REQUIRED. Thank you for your prompt attention to this matter. Please furnish all applicable records to us at Bauer@sbemp.com if in electronic format. 1 From:Monika Radeva Sent:Thursday, May 5, 2022 11:27 AM To:Bruce T. Bauer Cc:City Clerk Mail Subject:RECEIVED: LQ Resid for Resp Dev 2022-05-05 Coral Mtn Resort Attachments:Attachment to PRAR No. 3.pdf; Public Records Act Request form.pdf Follow Up Flag:Follow up Flag Status:Flagged Good morning, The City has received the attached request for public records, submitted via the email below and dated May 5, 2022, requesting records related to the Coral Mountain Resort project. The City will begin processing your request and will respond in accordance with the California Public Records Act (Government Code section 6250 et seq.). Thank you. Monika Radeva, CMC | City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 MRadeva@laquintaca.gov From:BruceT.Bauer<bauer@sbemp.com> Sent:Thursday,May5,202210:48AM To:CityClerkMail<CityClerkMail@laquintaca.gov> Subject:LaQuintaResidentsforResponsibleDevelopmentPUBLICRECORDSACTREQUEST/May5,2022 **EXTERNAL:ThismessageoriginatedoutsideoftheCityofLaQuinta.Pleaseuseproperjudgementandcautionwhenopening attachments,clickinglinksorrespondingtorequestsforinformation.** On behalf of La Quinta Residents for Responsible Development (“LQRRD”) request that the enclosed public records be made available for our review pursuant to the Public Records Act, Government Code §§ 6250 et seq. pertaining to a “Wave Festival Project.” Thank you. Bruce T. Bauer PALMSPRINGSCOSTAMESASANDIEGOPRINCETONNEWYORK ____________________________________________ BruceT.Bauer OfCounsel 2 SLOVAKBARONEMPEYMURPHY&PINKNEYLLP 1800E.TahquitzCanyonWay,PalmSprings,California92262 Phone(760)322Ͳ2275/Fax(760)322Ͳ2107 https://sbemp.com/  CONFIDENTIALITYNOTICE:ThiseͲmailmessage,togetherwithanydocuments,filesand/orothermessagesattachedtoit,isforthesoleuseoftheintended recipientsandmaycontainconfidentialandprivilegedinformation.Anyunauthorizedreview,use,disclosureordistributionisprohibited.Ifyouarenottheintended recipient,pleaseimmediatelynotifythesenderbytelephoneanddestroyallcopiesoftheoriginalmessage.Thankyou. CIRCULAR230DISCLOSURE:ToensurecompliancewithrequirementsimposedbytheUnitedStatesTreasuryDepartment,youareherebyinformedthatany advicecontainedinthiscommunication(includinganyattachments)isnotintendedorwrittentobeused,andcannotbeused,forthepurposeof(i)avoidingpenalties undertheInternalRevenueCodeor(ii)promoting,marketing.