2004 07 06 CCeaf 4449ba
City Council Agendas are
Available on the City's Web Page
@ www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, July 6, 2004 - 2:00 P.M.
Beginning Resolution No. 2004-69
Ordinance No. 407
CALL TO ORDER
Roll Call:
Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. Please watch the timing device on the podium.
CLOSED SESSION
NOTE: Time permitting the City Council may conduct Closed Session discussions during
the dinner recess. In addition, persons identified as negotiating parties are not invited into
the Closed Session meeting when the Agency is considering acquisition of real property.
1. GOVERNMENT CODE SECTION 54957.6 - CONFERENCE WITH LABOR
NEGOTIATORS, AGENCY NEGOTIATORS: CITY COUNCIL ACTING AS A
COMMITTEE OF THE WHOLE - UNREPRESENTED EMPLOYEE: CITY MANAGER.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957, COUNCIL -APPOINTED POSITION - CITY MANAGER.
City Council Agenda 1 July 6, 2004
3. CONFERENCE WITH LABOR NEGOTIATORS - SKI HARRISON, MARK WEISS, AND
JOHN RUIZ - REGARDING NEGOTIATIONS WITH THE LA QUINTA EMPLOYEES
ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET
AND CONFER PROCESS.
4. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54945.9(c) (ONE
MATTER).
RECONVENE AT 3:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please complete
a "request to speak" form and limit your comments to three minutes.
When you are called to speak, please come forward and state your name for the record.
Please watch the timing device on the podium.
For all Business Session matters or Public Hearings on the agenda, a completed "request to
speak" form should be filed with the. City Clerk prior to the City Council beginning
consideration of that item.
CONFIRMATION OF AGENDA
PRESENTATIONS - NONE
WRITTEN COMMUNICATIONS
1. CORRESPONDENCE FROM CALIFORNIANS AGAINST THE DECEPTIVE GAMBLING
PROPOSITION, DATED JUNE 17, 2004.
2. CORRESPONDENCE FROM CALIFORNIANS FOR AN OPEN PRIMARY, DATED JUNE
8, 2004.
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF JUNE 15, 2004
2. APPROVAL OF MINUTES OF JUNE 18, 2004
City Council Agenda 2 July 6, 2004
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED JULY 6, 2004.
2. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT WITH THE
CITY MANAGER - Continued from the meeting of June 18, 2004.
3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL
MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30096-21
PUERTA AZUL, PUERTA AZUL PARTNERS, LLC.
4. APPROVAL OF THE PLANS SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND
AUTHORIZATION TO ADVERTISE FOR BID THE EISENHOWER DRIVE STREET AND
MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2001-02A.
5. APPROVAL OF MODIFIED CULTURAL ARTS COMMISSION ANNUAL WORK PLAN
FOR 2004/2005.
6. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT EXTENSION
FOR ONE YEAR WITH HILTON FARNKOPF AND HOBSON, LLC FOR AB939
SERVICES FOR FISCAL YEAR 2004/2005.
7. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING AN INCREASE
OF THE VEHICLE IMPOUND COST RECOVERY FEE.
8. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 5 TO THE
CITY/STATE MASTER AGREEMENT 08-5433 FOR SURFACE TRANSPORTATION
PROGRAM FUNDING FOR THE FISCAL YEAR 2003/2004 TRAFFIC SIGNAL
IMPROVEMENT PROGRAM, PROJECT NO. 2003-15.
9. RATIFICATION OF A CONTRACT WITH TRESIERRAS CONSTRUCTION EXECUTED
BY THE CITY MANAGER FOR THE DEMOLITION OF CERTAIN HOUSES ON
JEFFERSON STREET.
10. ACCEPTANCE OF PROJECT NO. 2002-05, LA FONDA STREET IMPROVEMENTS.
BUSINESS SESSION
1. CONSIDERATION OF RENAMING A PORTION OF THE BEAR CREEK BIKE TRAIL IN
MEMORY OF FRED WOLFF.
A. MINUTE ORDER ACTION
City Council Agenda 3 July 6, 2004 3
2. CONSIDERATION OF NAMING THE 19-ACRE PARK SITE ON AVENIDA
MONTEZUMA THE "BEAR CREEK NATURE PRESERVE".
A. MINUTE ORDER ACTION
3. CONSIDERATION OF SITE DEVELOPMENT PERMIT 2004-809, DEVELOPMENT
PLANS FOR 250 RESORT -RESIDENTIAL CONDOMINIUM UNITS, A RESTAURANT/
CLUBHOUSE, AND OTHER MINOR ANCILLARY FACILITIES AS CONCEPTUALLY
APPROVED UNDER SPECIFIC PLAN 2003-069, LOCATED AT THE NORTHWEST
CORNER OF AVENUE 52 AND JEFFERSON STREET. APPLICANT: WATERMARK
VILLAS, L.Q.
A. RESOLUTION ACTION
4. CONSIDERATION OF STREET NAME CHANGE FROM BETH CIRCLE TO NORRIS
DRIVE FOR THE AREA WEST OF MADISON STREET, SOUTH OF AVENUE 51.
APPLICANT: LA QUINTA POLO PARTNERS, LLC.
A. MINUTE ORDER ACTION.
STUDY SESSION — NONE
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (HENDERSON)
2. CITY COUNCIL AD HOC COMMITTEE REPORTS
3. CVAG COMMITTEE REPORTS
4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE
(HENDERSON)
5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS)
6. C.V. MOUNTAINS CONSERVANCY (SNIFF)
7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE)
8. LEAGUE OF CALIFORNIA CITIES (HENDERSON)
9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY
HENDERSON)
10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER)
11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON)
12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON)
13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE
(HENDERSON)
14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH)
15. CULTURAL ARTS COMMISSION MINUTES OF MAY 20, 2004
16. COMMUNITY SERVICES COMMISSION MINUTES OF MAY 10, 2004
17. HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 20, 2004.
City Council Agenda 4 July 6, 2004
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
2. CITY ATTORNEY
3. CITY CLERK
A. REPORT ON UPCOMING EVENTS
4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE
5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE
6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE
7. FINANCE DIRECTOR'S REPORT - NONE
8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE
9. POLICE CHIEF'S MONTHLY REPORT - NONE
10. FIRE CHIEF'S QUARTERLY REPORT - NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
This is the time set aside for public comment on any matter not listed on the agenda.
Please complete a "request to speak" form and limit your comments to three (3) minutes.
Please watch the time clock on the speaker's podium.
PRESENTATIONS - NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City Clerk prior to the start of City Council consideration of that item. The Mayor
will invite individuals who have requested the opportunity to speak, to come forward at the
appropriate time.
Any person may submit written comments to the La Quinta City Council before a public
hearing may appear and be heard in support of, or in opposition to, the approval of
project(s) at the time of the hearing. If you challenge any project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondence delivered to the City Clerk at, or prior to the public hearing.
City Council Agenda 5 July 6, 2004
5
1 . PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY COUNCIL APPROVING
TENTATIVE TRACT MAP 31681, SUBDIVIDING t 548 ACRES INTO 472 SINGLE
FAMILY LOTS, A LOT FOR 80 CASITAS, GOLF COURSE LOTS, A COMMERCIAL
LOT, AND MISCELLANEOUS LOTS FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MADISON STREET AND AVENUE 58. APPLICANT:
CORAL OPTION I, LLC.
A. RESOLUTION ACTION
2. CONTINUED PUBLIC HEARING ON AN APPEAL OF CONDITION NOS. 20 AND 66
OF THE PLANNING COMMISSION RESOLUTION 2004-031 FOR SITE
DEVELOPMENT PERMIT 2004-804 (JAMES PAUL) APPELLANT: 111 VENTURE,
LLC. (c/o MR. G. SCOTT GAYNER, MANAGING MEMBER)
A. MINUTE ORDER ACTION
3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL
PROPERTY LOCATED AT 53-185 AVENIDA NAVARRO BY AND BETWEEN THE
LA QUINTA REDEVELOPMENT AGENCY AND RUTH TORRES.
A. MINUTE ORDER ACTION
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the City Council to be held on July 20, 2004,
commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City
Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
City Council Agenda 6 July 6, 2004 6
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing
agenda for the La Quinta City Council meeting of Tuesday, July 6, 2004, was posted on
the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board
at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on July
1, 2004.
DATED: JULY 1, 2004
J E . GREEK, CIVIC, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-
7025, twenty-four (24) hours in advance of the meeting and accommodations will be
made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-
7025. A one (1) week notice is required.
If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be
supplied to the City Clerk for distribution. It is requested that this take place prior to the
beginning of the 3:00 PM session or the 7:00 PM session.
City Council Agenda 7 July 6, 2004
7
Californians Against the
June 17, 2004
Honorable Donald Adolph
Mayor
City of La Quinta
P.O. Box 1504
La Quinta, CA 92253
Dear Mayor Adolph:
Ptive Gambling Proposition
WRITTEN CORRESPONDENCE ITEM:
ce
J1N 2
As you may be aware, Hustler Magazine publisher Larry Flynt and 14 other racetrack and
card club owners are promoting a measure, the Gaming Revenue Act of 2004, for the
November statewide ballot that would pave the way for Las Vegas -sized gambling
casinos throughout California.
They have represented their proposition as a way to make Indian casinos pay their fair
share to the state. But don't be fooled. This is simply a way for these 15 commercial
gambling promoters to make huge profits while undermining local control via the
statewide initiative process.
One concern for local government officials is that the measure sets a terrible precedent of
using the initiative process to undermine local control. Specifically, it exempts these
gambling casinos from compliance with the California Environmental Quality Act and
local zoning laws. Also hidden in the fine print of the proposition is a provision that
exempts these gambling establishments from future state and local tax increases.
Additionally, any revenue from this initiative for local governments comes with
significant strings attached and eliminates the ability of local decision makers to
determine how to best provide public safety services.
The California Police Chiefs Association, California State Firefighters Association, more
than 25 county sheriffs, California Coalition of Law Enforcement Association and the
California County Superintendents Educational Services Association have already come
out strongly opposed to the measure.
I hope you will take the time to carefully consider the information provided. Please call
me at (310) 996-2676 if I can help answer any questions or provide you with any
additional information.
Pegional
e ,
M. Pelze
Field Director
Californians Against the Deceptive Gambling Proposition
Californians Against the Deceptive Gambling Proposition:
A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians
I I I Anza Blvd., Suite 406, Burlingame, CA 940I0 4 Tel: (800) 420-8202 Fax: (650) 340-1740
11300 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 4 Tel: (3I0) 996-2676 Fax: (3I0) 996-2673 8
www.deceptivegamblingprop.com
E
Californians Against the
ptive Gambling Proposition
Hustler Casino owner Larry Flynt and the owners of 15 other card clubs and
racetracks are bankrolling a special interest proposition to obtain exclusive rights to
operate 30,000 slot machines in Las Vegas -sized casinos in urban and suburban
neighborhoods throughout California.
They claim it's about making Indian tribes "pay their fair share." It's not. As the
Los Angeles Times (12/9/03) editorialized: it's "the worst of both worlds: nothing more
from the tribes and a huge expansion of casino style gambling. "
WHO WINS?
Written for the benefit of Flynt and 15 other private gambling interests (including out-of-state and
foreign companies), this special interest proposition would grant its financial backers — and only
them — a constitutional monopoly to operate Las Vegas -sized casinos on non -Indian lands. It
authorizes 30,000 new slot machines in city and suburban neighborhoods near elementary schools,
churches and parks. One of these would be among the biggest in the world, with as many slot
machines as the Mirage, Caesar's Palace and the Las Vegas Hilton combined — right in the heart of
a city neighborhood.
A 11FAIR SHARE" SCAM
The promoters claim their measure gives Indian tribes a chance to pay more money to the state, and
only if they fail to do so would the measure authorize huge new non -tribal casinos. But that's
nothing more than °a marketing scam to help sell their proposition. The truth is they included a
deceptive test that can never be met. In 90 days, 61 separate Indian tribal governments would have
to renegotiate 61 separate compacts that pass the muster of each tribe, the Governor, the federal
government and both state and federal courts. Completely unrealistic. The result: No additional
money from tribes, not a penny more for the state's general fund, but a new exclusive right for these
16 private gambling interests to build huge new casinos.
OPPOSED BY PUBLIC SAFETY, LAW ENFORCEMENT, EDUCATION GROUPS
The California Police Chiefs Association, 32 County Sheriffs, the California State Firefighters
Association and the California District Attorneys Association ALL OPPOSE this measure because it
could bring big-time gambling, increased crime, more traffic and higher law enforcement costs.
Education groups oppose because it could cost schools millions and place Vegas -style casinos near
more than 200 California schools.
BREAKS CALIFORNIA'S PROMISE TO INDIAN TRIBES
With overwhelming voter support, California authorized Indian tribes to operate slot machines to
become more economically self-sufficient. As a result, tribal governments have been able to provide
their people with basic services, such as health care, education, fire protection, and water supplies.
This proposition would break those 20-year voter -approved agreements after only four years.
To join the growing coalition against the Deceptive Gambling Proposition,
please call 800-420-8202.
Californians Against the Deceptive Gambling Proposition:
A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians
I I I Anza Blvd., Suite 406, Burlingame, CA 940I0 4 Tel: (800) 420-8202 Fax: (650) 340-1740 6-1-04
11300 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 4 Tel: (3I0) 996-2676 Fax: (3I0) 996-2673
www.deceptivegamblingprop.com ®'"-' °""' "'
J
Californians Against the_,,I,'
_
ptive Gambling Proposition
Who Opposes the Gaming Revenue Act of 2004?
(as of June 16, 2004)
Statewide Public Safety Organizations
California Coalition of Law Enforcement Associations
California Police Chiefs Association
California State Firefighters' Association
California District Attorneys Association
Peace Officers Research Association of California
California Correctional Peace Officers Association
Chicano Correctional Workers Association
Minorities in Law Enforcement
County Sheriffs
Alameda County Sheriff Chaves C. Plummer
Alpine County Sheriff John M. Crawford
Amador County Sheriff Michael Prizmich
Butte County Sheriff Perry L. Raniff
Colusa County Sheriff Scott Q. Marshall
Contra Costa County Sheriff Warren E. Rupf
Del Norte County Sheriff Dean D. Wilson
Glenn County Sheriff Robert A. Shadley, Jr.
Inyo County Sheriff Dan Lucas
Kings County Sheriff Ken Marvin
Lake County Sheriff Rodney K. Mitchell
Lassen County Sheriff Bill Freitas
Marin County Sheriff Robert T. Doyle
Mariposa County Sheriff James H. Allen
Mendocino County Sheriff Anthony J. Craver
Modoc County Sheriff Bruce Mix
Mono County Sheriff Daniel A. Paranick
Riverside County Sheriff Bob Doyle
San Benito County Sheriff Curtis J. Hill
San Bernardino County Sheriff Gary S. Penrod
San Diego County Sheriff William B. Kolender
Santa Cruz County Sheriff Mark Tracy
Shasta County Sheriff Jim Pope
Solano County Sheriff Gary R. Stanton
Sonoma County Sheriff Bill Cogbil
Sutter County Sheriff Jim Denney
Californians Against the Deceptive Gambling Proposition:
A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians
I I I Anza Blvd., Suite 406, Burlingame, CA 94010 # Tel: (800) 420-8202 Fax: (650) 340-1740
I 1300 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 4 Tel: (3I0) 996-2676 Fax: (3I0) 996-2673
www.deceptivegamblingprop.com `"
County Sheriffs (cont1d)
Tehama County Sheriff Clay D. Parker
Tuolumne County Sheriff Richard L. Rogers
Ventura County Sheriff Bob Brooks
Yolo County Sheriff E.G. Prieto
Yuba County Sheriff Virginia R. Black
County District Attornevs
Contra Costa County District Attorney Robert J. Kochly
Inyo County District Attorney Art Maillet
Kings County District Attorney Ron Calhoun
Merced County District Attorney Gordon Spencer
Modoc County District Attorney Jordan Funk
Mono County District Attorney George Booth
Nevada County District Attorney Michael Ferguson
Orange County District Attorney Tony Rackauckas
Riverside County District Attorney Grover Trask
Sacramento County District Attorney Jan Scully
San Bernardino County District Attorney Michael A. Ramos
San Diego County District Attorney Bonnie M. Dumanis
Santa Clara County District Attorney George Kennedy
Sierra County District Attorney Lawrence R. Allen
Tehama County District Attorney Gregg Cohen
Trinity County District Attorney David Cross
Tulare County District Attorney Phillip J. Cline
Yolo County District Attorney David C. Henderson
Crime Victims Oreanizations and Leaders
Crime Victims United of California
Justice for Murdered Children
Justice for Murder Victims
WeTip
Klaas Kids Foundation President Marc Klaas
Local Public Safety Leaders and Organizations
Tustin Police Chief Steve Foster
Carlsbad Police Officers Association
Chico Police Officers' Association
Combined Law Enforcement Association of Riverside County
Contra Costa Deputy Sheriffs Association
Deputy Sheriffs' Association of San Diego County
Half Moon Bay Police Officers' Association
Huntington Beach Police Officers Association
Imperial County Sheriffs Association
Milpitas Police Officers Association
Monterey County Deputy Sheriffs Association
Oceanside Police Officers' Association
Ontario Police Officers Association
Pinole Police Employees Association
11
Local Public Safety Leaders and Organizations (cont'd
Placer County Deputy Sheriffs Association
Riverside Sheriffs Association
San Bernardino County Safety Employees' Benefit Association
San Joaquin Delta College Peace Officers Association
San Jose Police Officers' Association *
San Mateo County Deputy Sheriffs Association
Yolo County Deputy Sheriffs Association
Safety Employees Benefit Association President Jim Erwin
San Diego County District Attorney Investigator's Association
Placer County Deputy Sheriff Van Bogardus
Placer County Deputy Sheriff David Hunt
Assistant Probation Officer Stephen Henninger (Fair Oaks)
Border Patrol Agent Marco Ramirez (La Mesa) .
Bridge Director Gregory Davis (Novato)
Fire Captain Don Combs (Whittier)
Firefighter David Blancett (Covina)
Firefighter Robert French (San Diego)
Firefighter Robert Hawkey (Whittier)
Firefighter Robert Miller (Palos Verdes Estates)
Lake County DUI Program Supervisor Glenn Trumble
Police Officer Glen Schnoor (Menifee)
Police Officer Floyd Waldron (Costa Mesa)
Police Specialist Pamela Darkes (Canyon Country)
Riverside County Sheriff Cois M. Byrd (Retired) .
Carmel -by -the -Sea Police Chief William Ellis (Retired)
Laguna Beach Police Chief Neil J. Purcell (Retired)
California Highway Patrol Sergeant Kevin Kelly (Walnut Creek — Retired)
Los Angeles County Deputy Sheriff Donald McFadden (Retired)
Firefighter Lowell Bardwell (Valley Center — Retired)
Firefighter Dale Calhoon (Mission Viejo — Retired)
Firefighter Robert Clanton (Hesperia — Retired)
Firefighter Earl Clark (Yucaipa — Retired)
Firefighter Adam Forbes (Santa Ana — Retired)
Firefighter Kenneth Hines (Thousand Palms — Retired)
Firefighter Grady Houk (Sacramento — Retired)
Firefighter Clarence Merriman (Rancho Santa Margarita — Retired)
Firefighter Eldon D. Naff (Woodland — Retired)
Firefighter Bennie Petty (Capistrano Beach — Retired)
Firefighter Robert Poietruszka (Sacramento -- Retired)
Fire Marshall Remy Zuur (San Leandro — Retired)
Deputy Sheriff John Thurman (San Clemente — Retired)
Police Detective Edward Hewlett (Garden Grove — Retired) .
Police Lieutenant Garold Murray (Galt — Retired)
Police Officer Kenneth Berggren (Ventura — Retired)
Police Officer Robert Fyffe (Lancaster — Retired)
Police Officer Roy Kelley (San Diego — Retired)
Police Officer Stephen Kelly (Norwalk — Retired)
Police Officer John Marshall (Altadena — Retired)
Police Officer Ralph Sipes. (Escondido — Retired)
Police Officer Joseph Soares (San Francisco -- Retired)
Police Officer Lucky Springer (Tujunga — Retired) 1 4
3
Local Public Safety Leaders and Organizations (contldj
Police Officer Peter Walsh (Riverside — Retired)
CMIdren's Services Organizations
Prevent Child Abuse California *
Education Community
Superintendent of Public Instruction Jack O'Connell
California County Superintendents Educational Services Association
California Association of School Business Officials
Alpine County Board of Education
Contra Costa County Board of Education
Del Norte County Unified School District Board of Trustees
Humboldt County Board of Education
Imperial County Board of Education
Inyo County Board of Education
Madera County Board of Education
Mariposa County Board of Education
Mendocino County Board of Education
Plumas County Board of Education
Alpine County Superintendent of Schools James W. Parsons
Amador County Superintendent of Schools Mike Carey
Del Norte County Superintendent of Schools Francis Lynch
El Dorado County Superintendent of Schools Vicki Barber
Fresno County Superintendent of Schools Peter G. Mehas
Humboldt County Superintendent of Schools Garry T. Eagles
Imperial County Superintendent of Schools John D. Anderson
Inyo County Superintendent of Schools George Lozito
Kings County Superintendent of Schools John Stankovich
Madera County Superintendent of Schools Sally L. Frazier
Mariposa County Superintendent of Schools Patrick J. Holland
Mendocino County Superintendent of Schools Paul A. Tichinin
Monterey County Superintendent of Schools William D. Barr
Orange County Superintendent of Schools William M. Habermehl
Plumas County Superintendent of Schools Michael Chelotti
San Diego City Schools Trustee John de Beck
Other National, Statewide and Local Organizations
Sierra Club California
National Tax Limitation Committee
California Black Chamber of Commerce
The Seniors Coalition
California Nations Indian Gaming Association
California Association of Welfare Rights Organizations
Hotel Employees & Restaurant Employees International Union (AFL-CIO)
National Native American Bar Association
Greater Los Angeles African American Chamber of Commerce
Sacramento Civil Rights Network
4 13
Other National, Statewide and Local Organizations (co_. nt' d)
San Diego County Taxpayers Association
Temecula Valley Chamber of Commerce
Northwood Avenue Block Club (Carson)
Local Government Officials
Huntington Beach City Council
Riverside County Supervisor Marion Ashley
Riverside County Supervisor John F. Tavaglione
Riverside County Supervisor Jim Venable
Antioch Councilmember Arne Simonsen
Calimesa Mayor Sheena Moqeet
Cathedral City Mayor George Stettler
Cathedral City Councilmember Charles "Bud" England
Chula Vista Deputy Mayor Mary Salas
Colusa Mayor Rodney L. Biggs
Corona Councilmember Eugene Montanez
Diamond Bar Mayor Bob Zirbes
Escondido Mayor Pro Tern Marie Waldron
Fontana Councilmember Josie Gonzales
Fortuna Mayor Mel Berti
Fresno Mayor Alan Autry
Hemet Councilmember Marge Tandy
Highland Mayor Pro Tern Larry McCallon
Imperial Beach Mayor Diane Rose *
La Mesa Councilmember Ruth Sterling
Los Angeles Councilmember Tony Cardenas
Los Angeles Councilmember Bemard.-C. Parks
Los Angeles Councilmember Jan C. Perry
Lynwood Mayor Louis Byrd
National City Mayor Nick Inzunza
Pacific Grove Vice Mayor Don T. Gasperson
San Jacinto Vice Mayor Chris Buydos *
Sand City Councilmember Jerry Blackwelder
Santa Clara Councilmember Patrick Kolstad
Stanton Mayor Alexander A. Ethans
Thousand Oaks Councilmember Dennis C. Gillette
Woodland Vice Mayor David M. Flory
Woodside Councilmember Dave Tanner
Carlsbad City Treasurer Jim Stanton
City of Riverside Planning Commissioner Stan E. Brown
Former Yolo County Supervisor Tom Stallard
Federal and State Officials
Lieutenant Governor Cruz M. Bustamante
State Treasurer Phil Angelides
State Controller Steve Westly
Board of Equalization Member Bill Leonard
U.S. Representative Joe Baca
14
Federal and State Officials (cont'd
U.S. Representative Bob Filner
U.S. Representative Maxine Waters
State Senate Majority Leader Don Perata
State Senator James F. Battin, Jr.
State Senator James L. Brulte
State Senator Gilbert Cedillo *
State Senator Denise Moreno Ducheny
State Senator Dean Florez
State Senator Dennis Hollingsworth
State Senator Tom McClintock
State Senator Deborah V. Ortiz
State Senator Nell G. Soto
Assemblymember Russ Bogh
Assemblymember Ed Chavez
Assemblymember Bonnie Garcia
Assemblymember Ray Haynes
Assemblymember Rick Keene
Assemblymember Christine Kehoe
Assemblymember Jay LeSuer
Assemblymember John Longville
Assemblymember Ken Maddox
Assemblymember Bill Maze
Assemblymember George A. Plescia
Assemblymember Sharon Runner
Assemblymember Simon Salinas
Assemblymember Juan Vargas
Former Assemblymember Roderick D. Wright
Newwavers
Alameda Times Star
Black Voice News
Fremont Argus
Hayward Review
Los Angeles Times
North County Times
Oakland Tribune
Sacramento -Bee
San Diego Union Tribune .
San Mateo County Times
San Mateo Daily Journal
Santa Rosa Press -Democrat
Torrance Daily Breeze
Tri-Valley Herald (Pleasanton)
Native American Tribes and Tribal Organizations
Agua Caliente Band of Cahuilla Indians
Barona Band of Mission Indians
Bear River Band of Rohnerville Rancheria
6 15
Native American Tribes and Tribal Organizations (cont'd
Big Lagoon Rancheria
Big Sandy Rancheria
Bishop Paiute Tribe
Blue Lake Rancheria
Cabazon Band of Mission Indians
Cahto Tribe — Laytonville Rancheria
Cloverdale Rancheria of Pomo Indians
Colusa Indian Community Council, Cachil Dehe Band of Wintun Indians
Coyote Valley Band of Pomo Indians
Dry Creek Rancheria Band of Pomo Indians
Elem Indian Colony
Elk Valley Rancheria
Ewiiaapaayp Band of Kumeyaay Indians
Greenville Rancheria
Habemotolel Pomo of Upper Lake (a.k.a. Upper Lake Band of Pomo Indians)
Hopland Band of Pomo Indians
lone Band of Miwok Indians
Jackson Rancheria Band of Miwuk Indians .
Jamul Indian Village
Karuk Tribe of California
La Jolla Band of Luiseno Indians
Lytton Rancheria — Lytton Band of Pomo Indians
Manchester Point Arena Band of Pomo Indians
Manzanita Band of the Kumeyaay Nation
Mesa Grande Band of Mission Indians
Middletown Rancheria
Mooretown Rancheria
Morongo Band of Mission Indians
North Fork Rancheria of Mono Indians
Pala Band of Mission Indians
Paskenta Band of Nomlaki Indians
Pauma Band of Mission Indians
Pechanga Band of Luiseno Indians
Potter Valley Tribe
Redding Rancheria
Redwood Valley Rancheria
Resighini Rancheria
Rumsey Band of Wintun Indians
San Pasqual Band of Mission Indians
Santa Ysabel Band of Diegueno Indians
Scotts Valley Band of Pomo Indians
Sherwood Valley Rancheria
Smith River Rancheria
Soboba Band of Luiseno Indians
Sycuan Band of the Kumeyaay Nation
Tule River Indian Reservation
Twenty -Nine Palms Band of Mission Indians
United Auburn Indian Community
Viejas Band of Kumeyaay Indians
Yurok Tribe
(" = new addition since last list)
7
THE GAMING RE VENUE A CT OF 2004
SECTION 1. Title.
This Act shall be known as and may be cited as "The
Gaming Revenue Act of 2004. " This Act may also be cited as "The
Gaming Revenue Act" or the "Act. "
SECTION 2. Findings and Purpose.
The People of the State of California hereby make the
following findings and declare that their purpose in enacting this
Act is as follows:
(a) California now faces an unprecedented budget deficit
of billions of dollars that particularly threatens funding for
education, police protection, and fire ' safety. As a result of
California's budget crisis, the State needs to find new ' ways to
generate revenues without raising taxes. In March 2000,
Proposition ]A was enacted, which triggered an unprecedented
expansion of Indian casino gaming, gave Indian tribes a monopoly
on casino gaming, and has led to billions of dollars in profits for
Indian • tribes, but little or no taxes to the State. Moreover, local
governments and communities have not been adequately protected,
the State does not have sufficient regulation and oversight of tribal
casino gaming, and tribal casinos have not complied with state
laws applicable to other businesses and designed to protect
California citizens, such as laws regarding the environment and
political contributions. Gaming tribes also have failed to fully fund
a trust fund to promote the welfare of Indian tribes that do not
operate large casinos. Some Indian tribes have attempted to
acquire land far away from their reservations or traditional lands
to be used as casinos and not for use as traditional reservations.
Tribes have expended over ,$120 million dollars in political
contributions but have refused to comply with disclosure
requirements.
(b) California should request that all Indian gaming
tribes voluntarily share some of their gaming profits with the State
that can be used to support public education, and local police and
fire services, and address other problems associated with tribal
casino gaming, and in the event all Indian gaming tribes do not do
so, California should grant gaming rights to other persons who will
share substantial revenue with the State that can be used to support
public education, and local police and fire services.
(c) The Governor should be authorized to negotiate
amendments to all existing compacts with Indian tribes to allow
these Indian tribes to continue to have the exclusive right to operate
gaming devices in the State of California if the Indian tribes agree to
pay twenty-five percent (25%) of their winnings from such devices to
a'gaming revenue trust fund and agree to comply with State laws,
including laws governing environmental protection, gaming
regulation and campaign contributions and their public disclosure.
(d) In the event all Indian tribes with existing compacts do
not agree to these terms, five existing horseracing tracks and
ANALYSIS
The measure's lengthy discussion of findings and purpose
is political campaign propaganda designed to sound
appealing to voters, even though its primary points are
completely undermined by the actual legal language of the
measure.
The measure starts off by describing California's huge state
budget deficit, and later describes its purpose to "raise
revenues immediately through this initiative to help solve
California's current fiscal crisis." In reality, not a penny of
the money to be generated by the measure can be used to
help close the state's budget gap. All of the money is
earmarked - for specific purposes, including profits for the
card club and racetrack owners, allocations for horse racing
associations, and monies to local governments. The only
money that goes to the state is for the increased costs of
regulating the new casinos at card clubs and racetracks.
The statement that Indian casino gaming has produced
"little or no taxes to the state" is untrue; patrons pay state
taxes on winnings; non-member employees pay state taxes
on earnings; tribal members living off -reservation pay state
income taxes on distributions; members pay state sales
taxes on off -reservation purchases; and tribes pay more to
the State than the State would receive from this initiative.
California gaming tribes already share substantial gaming
revenue with the state, as provided in the current 20 year
gaming compacts entered into between the state and tribes
and approved by the voters in 2000. Those funds are
available to be used to support state and local governments
impacted by gaming, to assist non -gaming tribes, and for
other purposes determined by the legislature. The measure
does not provide any money for "public education."
The measure doesn't authorize "negotiations" —it coerces
tribes to accept illegal provisions. Federal law requires that
negotiations be conducted in "good faith," but this measure
actually would prevent the Governor from doing so. It is
deceptively constructed, because it includes conditions that
its proponents know are impossible to satisfy. (Further
discussed below.)
Californians Against the Deceptive Gambling Proposition: A Coalition of Indian Gaming Tribes, major funding
by United Auburn Indian Community and the Pala Band of Mission Indians 111 Anza Blvd. #406, Burlingame, CA 94010' 800 420.8202 17
SECTION BY SECTION ANALYSIS
eleven existing gambling establishments, where forms of legal
gambling and wagering already occur, should have the right to
operate a limited number of gaming devices, provided they pay
thirty-three percent (33%) of their winnings from the operation of
such gaming devices to cities, counties, and a gaming revenue trust
fund to be used for education, and police and fire services, and
provided they comply with strict legal requirements on the operation
and location of such gaming devices.
(e) In addition to paying substantial taxes, the owners of
gambling establishments and horseracing tracks authorized to
operate gaming devices would have to be licensed by the State
Gambling Control Commission under the Gambling Control Act,
which requires that they be persons of good character, honesty and
integrity, and persons whose prior activities, reputation and
associations entitle them to receive a license from the State.
(1) Permitting five existing horseracing tracks and eleven
licensed gambling establishments to operate gaming devices and
requiring them to pay thirty-three percent (33%) of their winnings
from these gaming devices will generate revenues estimated to
exceed $1 billion annually. These funds will help alleviate
California's dire fiscal crisis, which particularly threatens funding
for education, police protection and fire safety, and will help
mitigate the impact on cities and counties where gaming occurs.
(g) The Gaming Revenue Act will establish the Gaming
Revenue Trust Fund, the sole purpose of which will be to ensure that
the revenues raised by this Act are distributed in accordance with
the Act. The Act will also establish a Board of Trustees consisting
of individuals who are engaged in public school education, law
enforcement, and fire protection.
(h) The Gaming Revenue Act will provide funding for the
existing Division of Gambling Control and the existing California
Gambling Control Commission for the purpose of regulating
gaming authorized by this Act.
(i) The Gaming Revenue Act will increase the monies
distributed to non -gaming Indian Tribes by guaranteeing that each
such tribe will receive at least $1.2 million annually, and will
award $3 million annually to responsible gambling programs.
(j) The Gaming Revenue Act Trust Fund will distribute
fifty percent (50%) of the net revenues directly to county boards of
education to be used to improve educational services for abused and
neglected children and children in foster care.
(k) The Gaming Revenue Act Trust Fund will distribute
thirty-five percent (35%) of the net revenues directly to local
governments for additional neighborhood sheriffs and . police
officers.
(7) The Gaming Revenue Act Trust Fund will distribute
fifteen percent (15%) of the net revenues directly to local
governments for additional firefighters.
(m) The revenues generated for county offices of education
for improving the educational outcomes of abused and neglected
children and children in foster care and local governments for
police protection and fire safety by this Act are not to be used as.
substitute funds but rather shall supplement the total amount of
2
The measure authorizes the owners of specific card clubs
and racetracks (including Hustler Casino owner Larry
Flynt) to open giant urban casinos free of local zoning and
other controls and exempt from future state and local tax
increases. (Further discussed below.)
As discussed above, the measure does not provide any
money to help close the state's budget gap.
The Board of Trustees is a political body without public
accountability. (Further discussed below.)
Tribal gaming revenue already goes to the state for paying
regulatory costs under the current compacts.
Tribal gaming revenue already goes to helping non -gaming
tribes under the current compacts, and tribal gaming
payments to the state are already authorized to be used for
responsible gambling programs. No standards are set for
who gets awards, or in what amounts.
This money may not get to where it can be used effectively.
None of the money would go to schools. (Further
discussed below.)
The means of distribution of money for local law
enforcement is hopelessly unclear, and local governments
may be unable to use this money. (Further discussed
below.)
Local governments may be unable to use this money.
(Further discussed below.)
The measure may not actually result in any net new revenue
for local governments, and local governments can't spend
the money for locally -determined priorities and needs.
(Further discussed below.)
SECTION BY SECTION ANALYSIS
money allocated for county offices of education and local
governments.
(n) Indian tribes have attempted to acquire land at
locations off of their reservations or distant from their traditional
Indian lands to be used solely as casinos and not for use as
traditional reservations. Gaming on these newly acquired lands
would be detrimental to the surrounding communities. Therefore,
the Gaming Revenue Act prohibits the location of gaming
establishments by Indian tribes on newly or recently acquired lands.
(o) In order to reasonably restrict the growth of non -
Indian gaming, non -Indian gaming authorized by this Act will be
limited to the sites of five existing horseracing tracks located in the
counties of Alameda, Los Angeles, Orange and San Mateo, and the
sites of eleven existing gambling establishments located in the
Counties of Los Angeles, San Diego, Contra Costa, and San
Mateo. To insure that there are no new gambling establishments
other than those in existence as of the enactment of the Act, the
current limitation on the issuance of new gambling licenses, which
expires in 2007, will be made permanent. The purpose of such
restrictions is to exercise control over the proliferation of gambling.
(p) The expansion of Indian gaming has led to conflicts
between tribes and local governments. In some cases, tribes have
failed to take sufficient steps to address local concerns and
impacts. Therefore, this Act will authorize the Governor to
negotiate amendments to all existing compacts pursuant to which all
tribes agree to enter into good faith negotiations with county and
city governments to address and mitigate community impacts.
(q) To clarify legal jurisdiction over Indian casinos, state
courts should have jurisdiction over any criminal or civil
proceeding arising under this Act, under a compact, or related to a
tribal casino. Therefore, this Act will authorize the Governor to
negotiate amendments to all existing compacts pursuant to which all
tribes agree that state courts will have jurisdiction over such
disputes.
(r) Indian tribes have used their gambling profits to spend
well over $120 million on campaign contributions and political
activities in California. But some Indian tribes maintain that they
are sovereign nations and do not have to comply with California's
laws and regulations relating to political contributions and
reporting. Because these tribal political expenditures result
substantially from, and often concern, gaming activities in
California, this Act will authorize the Governor to negotiate
amendments to all existing compacts pursuant to which all tribes
agree to comply with the California Political Reform Act.
(s) While some terms of this Act concern conditions tribal
casinos must meet if Indian tribes are to retain a monopoly over slot
machines, it is the express intent of the voters to raise revenues
immediately through this initiative to help solve California's
current fiscal crisis, regardless of whether those revenues come
from tribal or non -tribal gaming, regardless of court decisions
regarding Indian gaming, regardless of changes in federal law, or
regardless of any challenges or efforts by the Indian tribes or others
to delay or circumvent this Act. Therefore, if all Indian tribes with
The measure suggests that new tribal casinos would be
detrimental to surrounding communities, but then
authorizes 16 new card club and racetracks casinos that
would somehow not be detrimental to surrounding
communities. In any event, federal law, not state law,
controls where tribes may locate casinos.
The measure plays favorites by rewarding the private
owners of 16 card clubs and racetracks with the
constitutional right to open giant casinos, while preventing
other card clubs and racetracks from doing so. There is no
rationale or objective criteria for selecting the 11 card clubs
for new gambling casinos while preventing such casinos at
the state's 88 other card clubs. Instead, the 11 appear to
have been chosen as a result of political deal -making.
The chosen locations are all in urban areas. To date, tribal
gaming has largely taken place on tribal lands in rural
areas. This measure brings gambling casinos into urban
neighborhoods.
While expressing concern about the relationship between
tribes and local governments, the measure explicitly
overrides any local restrictions or regulations that might
restrict or prevent the new card club and racetrack casinos.
Forcing all legal issues into state courts is unconstitutional.
(Further discussed below.)
While tribes are sovereign nations, nearly all voluntarily
report their political contributions in compliance with state
law. Citing this as an issue is a politically -motivated effort
to appeal to voters.
Again, the measure claims that it is focused on raising
revenue. As discussed below, its clear focus is on
expanding gambling at 16 specified card clubs and
racetracks: The measure would not result in any new
money being paid to the state's general fund.
SECTION BY SECTION ANALYSIS
existing compacts do not agree to share with the State twenty-five
percent (25%) of their winnings from gaming devices and do not
agree to the other conditions on tribal gaming set forth in this Act
within the time limits provided in this Act, it is the express intent of
the voters to immediately allow licensed gambling establishments
and authorized horseracing tracks to operate a limited number of
gaming devices, provided they pay thirty-three percent (33%) of
their winnings from the operation of such gaming devices to cities,
counties, and the Gaming Revenue Trust Fund.
SECTION 3. Section 19 of Article IV of the California
Constitution is amended to read:
SEC. 19
(a) The Legislature has no power to authorize lotteries
and shall prohibit the sale of lottery tickets in the State.
(b) The Legislature may provide for the regulation of
horse races and horse race meetings and wagering on the results.
(c) Notwithstanding subdivision (a), the Legislature by
statute may authorize cities and counties to provide for bingo games,
but only for charitable purposes.
(d) Notwithstanding subdivision (a), there is authorized
the establishment of a California State Lottery.
(e) The Legislature has no power to authorize, and shall
prohibit casinos of the type currently operating in Nevada and New
Jersey.
(f) Notwithstanding subdivisions (a) and (e), and any
other provision of state law, the Governor is authorized to negotiate
and conclude compacts, subject to ratification by the Legislature, for
the operation ofs1W maek gaming devices and for the conduct of
lottery games and banking and percentage card games by federally
recognized Indian tribes on Indian lands in California in
accordance with federal law. Accordingly, slat Maekl ag ming
devices, lottery games, and banking and percentage card games are
hereby permitted to be conducted and operated on tribal lands
subject to those compacts.
69(g) Notwithstanding subdivision (a), the Legislature
may authorize private, nonprofit, eligible organizations, as defined
by the Legislature, to conduct raffles as a funding mechanism to
provide support for their own or another private, nonprofit, eligible
organization's beneficial and charitable works, provided that (1) at
least 90 percent of the gross receipts from the raffle go directly to
beneficial or charitable purposes in California, and (2) any person
who receives compensation in connection with the operation of a
raffle is an employee of the private nonprofit organization that is
conducting the raffle. The Legislature, two-thirds of the membership
of each house concurring, may amend the percentage of gross
receipts required by this subdivision to be dedicated to beneficial or
charitable purposes by means of a statute that is signed by the
Governor.
(h) Notwithstanding subdivisions (e) and (A and any
other provision of state law, the Governor is authorized to negotiate
and conclude amendments to all existing compacts with all Indian
tribes in accordance with the provisions of this subdivision a). An
"existing compact" means a gaming compact entered into between
4
This provision breaks the agreements made. between
gaming tribes and the state, and approved by the voters in
2000. Those agreements set forth the terms and conditions
for tribal gaming, including tribal payments into funds to
benefit affected local communities and non -gaming tribes,
'W
SECTION BY SECTION ANALYSIS
the State and an Indian tribe prior to the effective date of the
Gaming Revenue Act of 2004. All compacts amended pursuant to
this subdivision (h) shall include the following terms conditions and
reouirements:
(1) The Indian tribe shall agree to pay twenty-five
percent (25%) of its net win from all gaming
devices operated by it or on its behalf to the
Gaming Revenue Trust Fund. Such payments
shall be made monthly and shall be due within 30
days of the end of each month. "Net win " means
the wagering revenue ,from all gaming devices
operated by the Indian tribe or on its behalf
retained after prizes or winnings have been paid to
players or to pools dedicated to the payment of
such prizes and winnings. and prior to the
payment of operating or other expenses. Such
payments shall commence immediately a ter
,Federal approyal of the amended compacts
(2) The Indian tribe shall agree to report to the
Division of Gambling Control the net win on all
gaming devices operated by or on behalf of it.
Such reports shall be submitted monthly, shall be
due within 30 days of the end of each month, and
shall be available to the public upon request.
(3) The Indian tribe shall agree to pay for an annual
audit performed by an independent firm of
certifred public accountants approved by the
California Gambling Control Commission to
ensure that the net win is properly reported and
the payment is properly paid to the Gaming
Revenue Trust Fund. The audit report shall be
available to the public upon request.
(4) The Indian tribe shall agree to comply with the
California Political Reform Act.
(5) The Indian tribe shall agree that its casino
facilities shall comply with the California
Environmental Ouality Act.
(6) The Indian tribe shall agree to enter into good
-faith nggotiations with any city or county within
which the Indian lands are located where Class III
gaming is conducted to mitigate local naming
and limit casino gaming to tribal lands.
The measure appears to authorize negotiations between the
Governor and each of the tribes —a back and forth discussion
which could lead to a voluntary agreement between the
parties. There is no back and forth here —the measure
dictates the pre -established terms of the compact
amendment. Moreover, there is nothing voluntary here —
the measure forces tribes to accept the specific terms if they
are to maintain the benefit of their existing negotiated
compacts. Not only are some of the onerous terms illegal
themselves, as discussed below, but the whole coercive
scheme is inconsistent with IGRA's requirement for good
faith negotiations between state and tribal governments.
Requiring all California tribes to pay 25% of their net win
(gross revenues after payment of prizes) to the states —on
top of the substantial amount they already pay --clearly
violates the federal law that restricts states' ability to tax
tribes. Of the many states with tribal gaming, only
Connecticut has received federal approval for a full 25%
payment, and the circumstances there —two giant casinos in
the middle of the densely populated northeast --are unique
in the country and far different than the situation in
California. The federal government would never approve
applying such a high payment percentage to every one -of
the tribes in California —regardless of their size or location.
Independent audits of tribal casinos already are required by
Federal law and the existing compacts.
IGRA prohibits States from using compacts to extend their
jurisdiction beyond what is reasonably related to and
necessary for the regulators of gaming.
The existing compacts already require environmental
review and good -faith discussions between tribes and local
governments and mitigation of off -reservation
environmental impacts.
01
SECTION BY SECTION ANALYSIS
related impacts within a reasonable time
allowings the State's execution of the compact.
The state courts shall have exclusive Jurisdiction
to resolve any dispute regarding .the.. failure. to
reach an agreement or the enforcement of the
agreement.
(7) The Indian tribe shall agree to comply with all
provisions of the Gambling Control Act, and shall
agree to be subject to the jurisdiction of the
Caliornia Gambling Control Commission and
Division of Gambling Control.
(8) The Indian tribe shall agree that state courts shall
have exclusive iurisdiction over any criminal or
civil proceeding arising from or related to the
Gaming Revenue Act, arising from or related to
the compact, or arising from or related to any act
or incident occurring on the premises of a tribal
casino.
The power's of the State and the applicability of state law to Indian
tribes and Indian casinos pursuant to this subdivision (h) are to be
construed consistency with the fullest extent of State's rights and
powers under federal law to reach agreements with Indian tribes
with tribal consent. No tribe with an existing compact is required by
this subdivision (h) to agree to amend its existing compact. Nothing
in this Act waives or restricts the civil or criminal iurisdiction of the
State under Public Law 280 (18 U.S.C. Sec. 1162). and the State
may not waive such Jurisdiction in any compacts.
(i) Notwithstanding subdivisions (a) and (e), and any
other provision of state or local law, in the event amendments to all
existing compacts with all Indian tribes as provided in subdivision
(h) are not entered into and submitted to the Secretary of Interior
within 90 days of the e, fj`ective date of the Gaming Revenue Act of
2004, owners of authorized gambling establishments and owners
of authorized horseracing tracks shall immediately thereafter be
authorized to overate not more than a combined total of 30,000
gaming devices. In the event tribal monopolies are adiudicated to
be illeizal. in the event the amended compacts are not approved or
considered approved pursuant to the Indian Gaming Regulatory Act,
or in the event subdivision (h) is invalidated, or delayed more than
90 days after this Act would otherwise take a ect, by the State, the
federal government, or any court, owners of authorized rambling
establishments and owners of authorized horseracing tracks shall
immediately thereafter be authorized to overate the gaming devices
authorized by this section. For purposes of this Act, "authorized
ag mbling establishment" shall mean a site in the counties of Los
Angeles, San Diego, Contra Costa or San Mateo at which 14 or
more Famine tables were authorized to be operated as of September
1, 2003 pursuant to the Gambling Control Act, except such sites that
were actually taken into trust for an Indian tribe or Indians after
September 1, 2003. For purposes of this Act, "authorized
horseraciniz track" shall mean a site in the counties of Alameda,
Los Angeles, Orange or San Mateo at which horseracing was
conducted by a thoroughbred racing association or quarter horse
racing association that was licensed pursuant to the Horse Racing
Law to conduct more than 50 days or nights of racing in 2002. For
6
The measure provides that any dispute concerning an
incident in a tribal casino must be taken to state court.
California already has criminal jurisdiction over, Indian
lands. This provision is unconstitutional, as it would
prevent a federal claim or crime from being heard in federal
court
Federal law restricts a state's power to coerce tribes into
ceding jurisdiction.
While the measure is presented as a choice between
additional regulation of and payments from tribal gaming
on the one hand, and new gambling at card clubs and
racetracks on the other, this provision makes clear the real
purpose of the measure — to ensure that certain card clubs
and racetracks immediately get to operate 30,000 slot
machines. Under this provision, unless every single tribe
that has a compact with the state agrees to be subjected to
every single provision in the measure, then slot machine
gambling will expand to card clubs and racetracks. Even if
all tribes did agree, if the Governor doesn't submit the new
gaming compacts for federal approval within 90 days, then
slot machine gambling will expand to card clubs and
racetracks. Even if the compacts are submitted within 90
days, if the federal government rejects the new compact
provisions (as the above discussion makes clear they will),
then slot machine gambling will expand to card clubs and
racetracks. If a- court determines the mandated compact
amendments are illegal, as it will, then slot machine
gambling will expand to card clubs and racetracks. If a
court even says it will need more time to decide, whether
those amendments are illegal, then slot machine gambling
will expand to card clubs and racetracks. In other words,
the measure makes absolutely clear that slot machine
gambling will expand to card clubs and racetracks no
matter what.
This section specifically exempts the authorized card clubs
00
4. 40
SECTION BY SECTION ANALYSIS
puposes of this Act "site " shall mean the real property on which an
authorized horseracing track or an authorized gambling
establishment was located as of September 1. 2003 and shall
include real property, adjacent to the site.
The operation of these gaming devices shall be sub
iect to
the following provisions:
(1) Payments.
a. Owners of authorized gambling
establishments and authorized horseracing
tracks shall pay thirty percent (30%) of the
net win from gaming devices operated by
them to the Gaming Revenue Trust Fund
created pursuant to this section. Such
payments shall be made monthly and shall be
due within 30 days of the end of each month.
"Net win " means the wagering revenue from
gaming devices prorated pursuant to this Act
retained after prizes or winnings have been
paid to players or to pools dedicated to the
payment of such prizes and winnings. and
prior to the payment of operating or other
expenses.
b. Owners of authorized gambling
establishments and authorized horseracing
tracks shall . report to the Division of
Gambling Control the net win on all gaming
devices operated by or on behalf of them.
Such reports shall be submitted monthly, shall
be due within 30 days of the end of each
month, and shall be available to the public
upon request.
7
and racetracks from "any other provision of state or local
law." That means, once authorized, the construction and
operation of the giant new casinos are exempted from state
environmental laws (CEQA), local zoning laws, and any
other law that would stand in their way.
Naming the counties where the casinos would be located
hides the identities of the private owners (including Larry
Flynt) of the card clubs and racetracks who are hand-picked
to open new casinos under the measure. Most of these new
casinos would be in urban locations in the Los Angeles
area, and three would be in the San Francisco Bay Area.
There is no rationale for choosing these facilities over
others.
The casinos are tied to specific locations, not .to ongoing
card games and horseracing. In other words, the measure
allows the owners of card clubs and racetracks to stop
conducting card games and horse races altogether and still
conduct casino gambling at their sites.
New casinos can be built on land "adjacent" to the existing
card club or racetrack. "Adjacent" legally means "nearby,"
but not necessarily touching, the current site — meaning that
"nearby" neighborhoods could be casino locations, even if
the "nearby" site is residential or even in another city.
03
SECTION BY SECTION ANALYSIS
c. Owners of authorized gambling
establishments and authorized horseracing
tracks shall pay for an annual audit
pe ormed by an independent firm of certified
public accountants approved by the
California Gambling Control Commission to
ensure that the net win is properly reported
and the payment is properly paid to the
Gaming Revenue Trust Fund. The audit
Mort shall be available to the public upon
reguest.
d Owners of authorized gambling
establishments and authorized horseracing
tracks shall pay two percent (2%) of their
respective net win from gaming devices
operated by them to the city in which each
authorized horseracing track and authorized
gambling establishment is located. In the
event an authorized gambling establishment
or an authorized horseracing track is not
located within the boundaries of a city, the
payment imposed by this Act shall be made to
the county in which the authorized gambling
establishment or authorized horseracing track
is located. Such payments shall be made
monthly and shall be due within 30 days of the
end of each month.
e. Owners of authorized gambling establishments and
authorized horseracing tracks shall pay one percent 0 %) of their
respective net win from gaming devices operated by them to the
county which each authorized gambling establishment and
authorized horseracing track is located. Such payments shall be
made monthly and shall be due within 30 days of the end of each
month.
(2) Number and Location of Authorized Gamine
Devices
a. A total of 30.000 gaming devices are authorized to
be operated by owners of authorized horseracing
tracks and owners of authorized gambling
establishments, which are allocated as follows:
i. For authorized horseracing tracks:
Three thousand gamine devices for each
authorized horseracing track. In order to
ensure the maximum generation of
revenue for the Gaming Revenue Trust
Fund, in the event that the owners of an
authorized horseracing track for any
reason cease to have or lose the right to
operate any o -the gaming devices
authorized by this Act, the gaming
devices allocated to that authorized
horseracing track shall be reallocated
equally among the remaining authorized
24
SECTION BY SECTION ANALYSIS
horseracin-e tracks. Notwithstanding the
limit of 3,000 gaming devices, owners of
authorized horseracigg tracks may also
transfer sell license, or assign their
rights to own and operate one or more
gaming devices to other authorized
horseracing tracks or authorized
gambling establishments, but in no event
shall the total number of gaining devices
authorized to be operated at an
authorized horseracinP track exceed
3 800 The owners of gaming devices
that are reallocated, or are transferred,
sold licensed. or assigned pursuant, to
this subdivision, shall make the
distributions required by Cali ornia
Business and Professions Code Section
19609.
ii. For authorized gambling establishments:
a. Authorized gambling establishments
located in Los Angeles County authorized
as of September 1. 2003 to overate 100
or more gaming tables shall be
authorized to operate 1700 gaming
devices each: authorized gambling
establishments in Los Anodes County
authorized as of September 1. 2003 to
berate between 14 and 99 gamin tg ables
shall be authorized to operate 1000
gaming devices each: and all other
authorized gambling establishments shall
be authorized to operate 800 gaming
devices each.
b. Licensed gambling establishments
that are not authorized gambling
establishments under this section
shall be licensed for 4 gaming
devices for each table authorized
pursuant to the Gambling. Control
Act as of September 1. 2003 up to a
maximum of 2000 gaming devices in
total which they cannot operate at
their gambling establishments, but
may transfer, sell, or assign the
rights to own or operate such
gaming devices to authorized
gambling establishments.
c. In order to ensure the maximum
generation of revenue for the
Gaming Revenue Trust Fund, in the
event the owners of an authorized
agambling establishment described in
subdivision t'a) for any reason cease
to have or lose the right to operate
A racetrack casino can operate up to 3,800 slot machines,
25% more than the biggest Las Vegas casino.
� 0
SECTION BY SECTION ANALYSIS
any of the gaming devices authorized
by this Act, such gaming devices
shall be transferred or allocated to
authorized gambling establishments
pro rata according to the allocation
in subdivision (i)(2)(a)(ii)(a).
Notwithstanding the limitation on
gaming devices imposed by
subdivision (i)(2)(a)(ii)(a),
authorized gambling establishments
may also transfer, sell, license, or
assign their rights to own and
operate one or more gaming devices
to other authorized gambling
establishments or authorized
horseracing tracks, but in no event
shall the total number of Famine
devices authorized to be operated at
an authorized gambling
establishment exceed 1,900.
d. In the event that the allocation o
gaming devices set forth in
subdivision Ci)(2)(a,)(iQ exceeds
15,000, the gaming devices
authorized pursuant to subdivision
CW2)(a)(li)(b) shall be reduced
ratably to bring the total number of
gaming devices allocated to all
authorized gambling establishments
to 15.000 or less.
b. The owners of an authorized horseracing
track may, in accordance with provisions of
applicable law, relocate its racing meeting to
another site whether or not it is an
authorized horseracing track, or discontinue
its racing operation. In the event they do so,
however, the gaming devices authorized to be
operated by them may only be operated at an
authorized horseracing track or an authorized
gambling establishment.
c. In order to ensure the maximum generation of
revenue for the Gaming Revenue Trust Fund,
the owner or operator of an authorized
horseracing track and the owner or operator
of an authorized gambling establishment
whose facilities are located in the same city
may agree upon the maximum number of
gaming devices that may be operated at each
such faciliN subject to approval of any such
agreement by the Gambling Control
Commission, which shall make its decision of
whether to approve any such agreement based
upon a determination that any such
agreement is in the interests of regulated
10
A card club can operate up to 1,900 slot machines.
Facilities like Hollywood Park in Inglewood, which
operates both a card club and a racetrack, could operate a
giant casino with 5,700 total slot machines. This casino
would be among the largest in the world, and would have as
many slots as the Mirage, Caesar's Palace, and the Las
Vegas Hilton combined.
The racetrack owners can continue operating slot machines
at a racetrack site even if the racetrack closes or is
authorized to move to another location.
SECTION BY SECTION ANALYSIS
gaming in the State of California. Any such
agreement approved by the Gambling Control
Commission shall not exceed three years in
duration.
(3) Suspension of Authorization.
The authorization to operate gaming devices and
to transfer, sell or assign rights to gaming devices
pursuant to this subdivision may be suspended by
the Gambling Control Commission for failure to
make the payments imposed by this subdivision
within 30 days ofsuch payments becoming due.
(4) Prohibition on Additional Fees, Taxes, and
Levies.
The payments imposed pursuant to this Act are in
lieu of any and all other fees, ta.Yes or levies,
includinP but not limited to revenue, receipt or
personal property taxes, that may be charred or
imposed, directly or indirectly, against authorized
horseracinr tracks or authorized gambling
establishments,' their patrons, raming devices,
employers or suppliers, by the State, cities or
counties excepting fees, taxes or levies that were
in effect fect and imposed prior to September 1. 2003
that applied to horseracing and controlled games
with cards or tiles, or that are applied eg nerally to
commercial activities including sales and use,
income corporate or real property taxes. The
physical expansion of gaming facilities or the
operation of raminr devices authorized by this
Act shall not be considered an. enlargement of
raminr operations under any local ordinance
related to fees, taxes, or levies.
(S) Licenses.
The owners of authorized gambling establishments
and the owners of authorized horseracin tracks
racks
shall be licensed by the State Gambling Control
Commission under the Gambling Control Act.
(6) Other Laws. .
The Act shall supercede any inconsistent
provisions of state, city or county law relatinr to
gamier devices including, but not limited to, laws
regarding the transportation, manufacture,
operation sale lease, storage, ownership,
licensing repair or use of gaming devices
authorized in this Act. In order to encourage the
maximum generation of revenue for the Gaming
Revenue Trust Fund, the operation of gaming
devices authorized pursuant to this Act is not
11
If the card club or racetrack
payments to the state fund, 1
authorized, but not required
authority.
refuses to make required
to Commission is merely
:o, suspend slot machine
The measure exempts the authorized card clubs and
racetracks from future state and local tax increases.
The measure overrides all local laws limiting gambling
operations or providing for local revenue from expanded
gambling .operations.
All state and local laws relating to slot machine operations
are not only overridden, they may never be changed in the
future. The provisions of this measure are enshrined in the
Constitution forever. This provision violates the initiative
power which reserves to the people the right to change any
07
SECTION BY SECTION ANALYSIS
subject to any prohibition in state or local law
now existing or hereafter enacted.
6) Gaming Revenue Trust Fund.
(1) There is hereby established the Gaming Revenue
Trust Fund in the State Treasury that shall receive
all payments pursuant to the requirements of
subdivisions (h) and (i).
(2) There is hereby established the Board of Trustees
to administer the Gaming Revenue Trust Fund.
The Board of Trustees shall be comprised of S
members appointed by, the Governor. QL the S
members 2 shall be engaged in public school
education I shall be engaged in law enforcement.
1 shall be engaged in fire protection and I shall be
a certLied public accountant. Each member shall
be a citizen of the United States and a resident of
this state. No more than 3 of the S members shall
be members of the same political 12a[&. Qf the
members initially appointed. 2 shall be appointed
,for a term of two years. 2 shall be appointed for a
term of three years, and 1 shall be appointed for a
term offour years. After the initial terms, the term
of office of each member shall be four years. The
Governor shall appoint the members and shall
designate one member to serve as the initial
chairperson. The initial chairperson shall serve
as chairperson for the length of his or her term.
Thereafter the chairperson shall be selected by
the Board of Trustees. The initial appointments
shall be made within three months of the operative
date of this Act. The Board of Trustees shall
approve all transfers of monies from the Gaming
Revenue Trust Fund. The Board of Trustees shall
engage an independent irm of certified public
accountants to conduct an annual audit of all
accounts and transactions of the Gaming Revenue
Trust Fund.
(3) The monies in the Gamin$ Revenue Trust Fund
shall be distributed as follows:
(a) Not more than one percent of the monies
annually to the Division of GamblinP
Control and the California Gambling
Control Commission for the cost of carrying
out its administrative duties pursuant to this
Act, and for reimbursement of any State
department or agency that provides any
service pursuant to the provisions of this Act.
(b) Monies sufcient to guarantee that each non -
gaming tribe shall receive $1.2 million
annually from the Indian Gaming Revenue
Sharing Trust Fund as codified in the
California Government Code. "Non -gaming
tribe" shall mean a fesferalA recognized
12
state law or constitutional provisions in the future by
initiative.
While a politically -appointed board of trustees is created to
administer and disburse funds which allegedly will exceed
$1 billion every year, the board has virtually no
accountability. Its members are all appointed by the
Governor, rather than having some members appointed by
the Governor and some by the legislature. The members
are not subject to Senate confirmation, so the Governor can
choose whoever suits his political purposes. The measure
does not limit the salaries of Board members. The measure
does not require the Board to meet regularly, does not
require a quorum for it to conduct business, does not
require a majority vote for it to act, and does not specify
whether proxy voting is allowed. The lack of direction and
accountability is particularly disturbing given the huge
amount of money involved and the important policy
questions (discussed below) that the Board must resolve.
It appears to be up to the Board of Trustees to decide- the
cost of carrying out the Division's and the Commission's
duties. More importantly, the measure leaves it to the
Board of Trustees to determine their own administrative
budget for such expenses as salaries, travel, and staff. If the
Board uses most of the provided funds for its own
expenses, little would be left for the Division and the
Commission for oversight of the new gambling casinos.
Non -gaming tribes already receive significant funding
annually from the Revenue Sharing Trust Fund.
28
SECTION BY SECTION ANALYSIS
Indian tribe which operates fewer than 350
gaming devices.
(c) $3 million to be awarded annually by the
Board of Trustees to responsible Pa_, mbling
Programs.
(d) After the distributions required pursuant to
subdivisions L)(a) (b). and- (c), the remaining
monies shall be distributed asfollows:
1. Fifty percent (50%) to county 'offices of
education to provide services for abused
and neglected children and children in
foster care. These monies shall be
allocated to each county office of
education according to each county's
proportionate share of the annual
statewide total of child abuse referral
reports for the prior calendar year and
shall be used to improve educational
outcomes of abused and neglected
children and children in foster care.
Each county ofrice of education shall
allocate these funds to county child
protective services agencies to provide
these services. Funds received by each
county child protective service agency
shall be used for the, following purposes:
i Out -stationing county child
protective services social workers in
schools:
ii. Providing gMropriate caseloads to
ensure that professional staff will
have sufficient time to provide
services necessary to improve the
educational outcomes of abused and
neglected children and children in
Oster care:
W. Providing services to children in
foster care to. minimize mid -year
transfers from school to schools:
iv. Hiring Juvenile court workers whose
responsibility it is to ensure the
implementation of court orders
issued by juvenile court iudges
13
No standards are provided for what is a "responsible
gambling program." It is left completely to the discretion
of the Board. As a result, the Board could give the entire
$3 million to a single program based on any criteria the
Board sets.
These funds, which are designated to improve the education
of abused, neglected, and foster care children, may never
get into the hands of people who can provide that; help,
because the schools don't get the money.
First, the money is to be allocated by the Board based on
the number of referral reports. This number may be
unrelated to need, however, since only a fraction of these
referral reports lead to a child being placed in the. child
welfare system. (A county would receive more money
under the measure for increasing the number of referrals,
even if they were not justified.)
Second, while the money is to used for educational
purposes, none of the money, actually goes into the
education system. The money goes from the state fund to
the county office of education, which then turns -around and
gives it to the county child protective service agency. The
child protective service agency may not be the best place to
operate these educational programs. In fact, some existing
programs are operated by the county offices of education,
which would not get to keep any money under -the measure.
Other programs are operated through the State Department
of Education, which also gets no money under the measure.
In short, this allocation scheme creates new bureaucracy
and layers of red tape, in the guise of helping educate
children.
49
SECTION BY SECTION ANALYSIS
affecting a foster child's educational
performance.
Each county child protective service
agency shall be subiect . V all
accountability standards including
student per enrollment, school
stability and per, formance measured by
the percentage of children at grade level
on standardized tests as provided by state
and federal law. Each county child
protective agency shall use fi4nds
received pursuant to this section in a
manner that maximizes the counties'
ability to obtain federal matching dollars
for services to children in the child
protective services system.
(e) Thirty-five percent (35%) to local
governments on a per capita basis for
additional neighborhood sheriffs and police
officers.
(n Fifteen percent (15%) to local governments
on a per capita basis for additional
firefighters
The Governor shall not consent, concur or agree to
the location of any tribal casinos on newly acquired land pursuant
to 25 U.S.C. $2719(b)(1)(a). Further, any compact entered into by
the State pursuant to 25 U.S.C. 62710(d) shall only be for class III
Famine on Indian lands actually taken into trust by the United
States for the benefit of an Indian tribe prior to September 1, 2001
except for land contiguous to reservations existing as of that date.
SECTION 4. Section 19609 is added to the Business and
Professions Code to read as follows:
19609.
(a) Unless otherwise defined in this chapter, the terms used in
this section shall have the meaning ascribed to them in the Gaming
Revenue Act of 2004 ("the Act").
14
The board will have to decide which local governments are
entitled to funds. Clearly cities and counties are covered,
but what about other local agencies that employ police or
fire personnel, including school districts, special districts,
regional transportation authorities, etc.? Also unclear is
what is a "neighborhood sheriff and police officer"?
Allocating funds on a per capita basis doesn't seem to work
in areas where "local governments" overlap, or where the
jurisdiction of the police and sheriffs overlap.
The measure's inflexible restrictions on the use of these
funds will tie the hands of local governments. Funds are
specifically authorized to be used only for additional law
enforcement officers and firefighters. There is no
authorization to use funds for the training, equipment and
facilities necessary to make them effective. Funds can't be
used to avoid layoffs of existing law enforcement officers
and firefighters, or to keep newly hired officers and
firefighters. Rural communities with volunteer fire
departments will not be able to use the funds at all.
Federal law (IGRA) grants governors the authority to
decide whether or not to concur with a federal decision to
take land in trust in most cases. This provision
inappropriately prohibits the Governor from exercising that
authority. The provision also violates IGRA by prohibiting
the Governor from entering into a compact with any tribe
that may be recognized by the federal government in the
future.
30
SECTION BY SECTION ANALYSIS
Lb) Three quarters of one percent (75%) of the net win from
all gaming devices operated by, or on behalf of owners o
authorized horseracing tracks upon -which a thoroughbred racing
meeting was conducted in 2002 shall be distributed for
thoroti,ahbred incentive awards and shall be savable to the
applicable official registering agency and thereafter distributed as
provided in the California Horse Racing Law.
(c) One and one-half percent (1112%) of the net win from all
naming devices berated by or on behalf of owners of authorized
horseracing tracks won which a thoroughbred racing meeting was
conducted in 2002 shall be distributed to each of those
thoroughbred racing associations and racing fairs that are not
authorized horseracing tracks in the same relative proportions that
such thoroughbred racing associations or racing fairs generated
commissions during the preceding calendar Year. A lessee of an
authorized horseracing track as of the effective date of the Act shall
not be deemed to be an authorized horseracing track for the
purposes of this Section.
(d) Seventeen and three quarters percent (17.75%) of the net
win from all gami iz devices operated by, or on behal o , owners o
authorized horseracing tracks upon which a thoroughbred racing
meeting was conducted in 2002 shall be pooled ("the pooled net
win ") and shall be distributed in the form of purses for
thoroughbred horses in accordance with the provisions of this
subdivision (d).
(i) The pooled net win shall be allocated to thoroughbred
racier associations and racing fairs throughout the
State of California and shall be distributed among
each of them in such manner as to equalize on an
average daily basis .purses _for thoroughbred races
other than stakes and special events. Notwithstanding
the fo=ojU& pooled net win may be allocated to
supplement purses for thoroughbred races so the
thoroughbred racing associations and racing fairs may
maintain up to their historic relative proportions
between overnight races and stakes races and special
events Increases in the aggregate amount of purses
for stakes races of thoroughbred racing associations
and racing fairs resulting from pooled net win
contributions shall be determined in accordance with
an agreement signed by all the thoroughbred racing
associations and the organization responsible for
negotiating thoroughbred purse agreements on behalf
of thoroughbred horsemen.
(ii) Notwithstanding the provisions of subdivision (d)(i) of
this Section the funds distributable to thoroughbred
racing associations and racing fairs from the pooled
net win shall be allocated in such a manner as to cause
average daily purses or thoroughbred races, other
than stakes races and special events, to be the
percentages of the average daily purses for such races
conducted by thoroughbred racing associations in the
Central and Southern zone as set forth below:
15
31
SECTION BY SECTION ANALYSIS
(a) 90% for thoroughbred racing associations in the
Northern zone;
(b) 65% for a racing fair in the Centrat zone:
(c) 50% for racing fairs in the Northern zone other
than the Humboldt County Fair:
(d) 7%% for the Humboldt County Fair.
(iii) Notwithstanding the provisions of this subdivision (d)
to the contrary, the allocation of purses among the
thoroughbred racing associations and the racing fairs
maybe altered ,upon approval of the California Horse
Racing Board. -in accordance with an agreement
si ned by all of the thoroughbred racing associations
and the organization responsible for negotiating
thoroughbred purse agreements on behalfof horsemen.
Li v) The Cali&nia Horse Racing Board shall be
responsible for the oversight of the distribution of the
pooled net win in accordance with the provisions of
this subdivision (d).
(e) Eighteen and one-halfpercent (18.5%) of the net win from
all gaming devices operated by owners of an authorized horseracing
track upon which a quarter horse racing meeting was conducted in
2002 shall be paid to supplement nurses of races conducted by a
uarter horse racing association.
(n One and four tenths percent (1.4%) of the. net win from
gaming devices operated by owners of an authorized horse racing
track described in subdivision (e,) above shall be paid to supplement
the purses of harness races conducted by a harness racing
association that conducts at least 150 days or nights of harness
racing annually at the Cali ornia Exposition and State Fair, and
one -tenth of one percent (.1 %) o, f such net win shall be paid to the
harness racing association described in this subdivision (D.
SECTION 5. Section 19805.5 is added to the Business and
Professions Code to read as follows:
Sec. 19805.5.
As used in this chapter, and in the Gaming, Revenue Act of 2004,
gaming device" shall mean and include a slot machine under
state law or any Class III device under the Indian Gaming
Regulatory Act. The operation of gaming device by a tribe, entity
or person authorized to oRerate gaming devices under the Gaming
Revenue Act shall constitute controlled gaming under State law.
16
The measure authorizes card clubs and racetracks to use
30,000 "gaming devices." ' Here, near the end of the
measure, the term "gaming device" is defined — and it goes
well beyond the slot machines that .appear to be the subject
of the measure. This definition says that "gaming device"
includes a slot machine or any Class III device under
IGRA. IGRA, however, doesn't define Class III devices.
IGRA defines Class III gaming as any gaming that is not
Class I or II. Devices that are used in class III gaming
include a wheel and ball (roulette), dice (craps), and
potentially cards (blackjack and baccarat). In other words,
this definitional loophole could expand the casino gambling
at card clubs and racetracks to include a number of casino
games in addition to the slot machines. The Attorney
General's title and summary recognizes that the measure
does not authorize only slot machines — it refers to the use
by card clubs and racetracks of "slot machines/gaming
devices." Tribes are not authorized to operate roulette or
craps games.
3,)
SECTION BY SECTION ANALYSIS
SECTION 6. Section 19863 of the Business and Professions
Code is amended to read as follows:
Sec.19863.
A publicly traded racing association or a qualified racing
association, or their successors in interest, shall be allowed to
operate only one gamin gambling establishment, and the gang
gambling establishment shall be located on the same p� site
as the entity's racetrack was located in 2002.
SECTION 7. Section 19985 is added to the Business and
Professions Code to read as follows:
Sec.19985.
(a) Exc Rt as provided in this section, the Gambling Control
Act including, but not limited to the jurisdiction and powers of the
Division and Commission -to enact regulations, to enforce applicable
law, to conduct background investigations and to issue licenses and
work permits shall apply to authorized horseracing tracks as
defined in the Gaming Revenue Act and to the operators of gaming
devices thereon including their successors in interest, in and to the
same extent the Gambling Control Act applies to gambling
establishments.
(b) Employees of authorized horseracing tracks who are not
owners shareholders, partners or key employees, and whose lob
responsibilities do not involve- controlled games, shall not be
required to obtain work permits pursuant to this Chapter.
SECTION 8. Section 19962 of the Business and Professions
Code is amended to read as follows:
19962.
(a) On and after the effective date of this chapter, neither the
governing body nor the electors of a county, city, or city and county
that has not authorized legal gaming within its boundaries prior to
January 1, 1996, shall authorize legal gaming.
(b) No ordinance in effect on January 1, 1996, that authorizes
legal gaming within a city, county, or city and county may be
amended to expand gaming in that jurisdiction beyond that
permitted on January 1, 1996
(-C) This section is not intended to prohibit gaming authorized
by the Gaming Revenue Act 02004.
SECTION 9. Section 19963 of the Business and Professions
Code is amended to read as follows:
17
�
v�
SECTION BY SECTION ANALYSIS
19963.
(a) In addition to any other limitations on the expansion of
gambling imposed by Section 19962 or any provision of this chapter,
and except as provided in the Gaming Revenue Act of 2004. the
commission shall not issue a gambling license for a gambling
establishment that was not licensed to operate on December 31,
1999, unless an application to operate that establishment was on file
with the division prior to September 1, 2000.
SECTION 10. Section 19817 of the Business and Professions
Code is amended to read as follows:
The commission shall establish and appoint a Gaming
Policy Advisory Committee of 10 members. The committee shall be
composed of representatives of controlled gambling licensees,
authorized horse racing tracks under the Gamine Revenue Act,
representatives of gaming tribes, and members of the general public.
The executive director shall, from time to time, convene the
committee for the purpose of discussing matters of controlled
gambling regulatory policy and any other relevant gambling -related
issue. The recommendations concerning gambling policy made by
the committee shall be presented to the commission, but shall be
deemed advisory and not binding on the commission in the
performance of its duties or functions. —T The ^^~~~"ttee ffmy not
SECTIONIL. Section 12012.6 is added to the Government Code
to read as follows:
(a) Notwithstanding Government Code sections 12012.25
and 12012.5, and any other provision of law, the Governor is the
designated state of responsible for negotiating and executing,
on behalf of the state, tribal -state gaming compacts with federally
recognized Indian tribes located within the State of California
pursuant to the federal Indian GaminggRegulatoa Act of 1988 (18
U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) for
the purpose of authorizing class III gaming, as defined in that act,
on Indian lands within this state. Nothing in this section shall be
construed to deny the existence of the Governor's authority to have
negotiated and executed tribal -state gaming compacts prior to the
effective date of this section.
(b) The Governor shall submit a copy of any executed
tribal -state compact to the Secretarlof State who shall forward a
copy of the executed compact to the Secretary of the Interior for his
or her review and apnroval, in accordance with paragraph B) of
subsection (d) of Section 2710 of Title 25 of the United States Code.
SECTION 12. Section 1201 Z 75 of the Government Code is
amended to read as follows:
There is hereby created in the State Treasury a special fund
18
The owners of the card clubs and racetracks are protected
from competition from other commercial entities. The only
gambling licenses that the state can issue are for new
owners of the property where card club and racetrack
casinos are located.
Under current California law, a tribal gaming compact is
negotiated between the Governor and a tribe, but then must
be ratified by the legislature. This provision eliminates the
role of the legislature as a check on the exercise of the
Governor's authority.
SECTION BY SECTION ANALYSIS
called the "Indian Gaming Revenue Sharing Trust Fund" for the
receipt and deposit of moneys derived from gaming device license
fees that are paid into the fund pursuant to the terms of tribal -state
gaming compacts and monies received From the Gamine Revenue
Trust Fund, for the purpose of making distributions to noncompact
tribes. Moneys in the Indian Gaming Revenue Sharing Trust Fund
shall be available to the California Gambling Control Commission,
upon appropriation by the Legislature, for the purpose of making
distributions to noncompact tribes, in accordance with the Gaming
Revenue Act and tribal -state gaming compacts.
SEC?`ION 13. Section 8.3 is added to Article XVI of the
California Constitution to read as follows:
Sec. 8.3 .
(a) Funds appropriated pursuant to the Gaming Revenue
Act 2004 shall not he deemed to be part of "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB" as that
term is used in paragraphs Q and Q of subdivision (b) of Section
8.
a) Revenues derived from payments made pursuant to the
Gaming Revenue Act of 2004 shall not be deemed to be "General
Fund revenues which may be appropriated pursuant to Article
XIIIB " as that term is used in paragraph (1) of subdivision (b) of
Section 8 nor shall they be considered in the determination of. "per
capita General Fund revenues" as that term is used in paragraph
Q) ofsubdivision (band in subdivision (e) of Section 8.
SECTION 14. Section 14 is added to Article XIII B of the
California Constitution to read as follows:
Sec. 14
La) For urposes of this article, `proceeds of taxes" shall
not include the revenues created by the Gaming Revenue Act of
2004.
(b) For purposes of this article "appropriations subiect to
limitation" of each entit�of government shall not include
appropriations of revenues from the Gaming Revenue Trust Fund
created by the Gaming Revenue Act of 2004.
SECTION 15. Amendment
The statutory provisions of this Act may be amended only
by a vote of two-thirds of the membership of both houses of the
Legislature. AM statutory amendments to this Act shall be to
further the Act and must be consistent with its purposes.
SECTION 16. Consistency With Other Ballot Measures
The provisions of this Act are not in conflict with any
initiative measure that appears on the same ballot that amends the
19
Article 2, § 10(c) of the Constitution allows the legislature
to put amendments to an initiative on the ballot — whether
or not they are consistent or inconsistent with the initiative.
This provision contradicts that Constitutional authority by
preventing the legislature from putting certain amendments
before the voters.
While the .purpose of the measure is supposedly to increase
state and local revenue, this provision makes it clear that
SECTION BY SECTION ANALYSIS
California Constitution to authorize gaming of any kind. In the
event that this Act and another measure that amends the California
Constitution to permit gaming of any kind are adopted at the same
election, the courts are hereby directed to reconcile their respective
statutory provisions to the greatest extent possible and to give effect
to every provision of both measures.
SECTION 17. Additional Funding
No monies in the Gaming Revenue Trust Fund shall be
used to supplant federal, state or local funds used for child
protective and foster care services, neighborhood sheriffs and
police officers and firefighters but shall be used exclusively to
supplement the total amount of federal, state and local funds
allocated for child protective services and foster care which improve
the educational outcomes of abused and neglected children and
children. in foster care and for additional sheriffs, police officers and
firefighters.
SECTION 18. Judicial Proceedings
In any action for declaratory or injunctive relief, or for
relief by way of any extraordinary writ, wherein the construction,
application, or validity of Section 3 of this Act or any part thereof is
called into question, a court shall not grant any temporary
restraining order, preliminary or permanent injunction, or any
peremptory writ of mandate, certiorari, or prohibition, or other
provisional or permanent order to restrain, stay, or otherwise
interfere with the operation of the Act except upon a finding by the
court, based on clear and convincing evidence, that the public
interest will not be prejudiced thereby, and no such order shall be
effective for more than 15 calendar days A court shall not restrain
any part of this Act except the specific provisions that are
challenged.
SECTION 19. Severability
If any provision of this Act or the application thereof to any person
or circumstances is held invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect other provisions or
applications of this Act that can be given effect without the invalid
or unconstitutional provision or application, and to this end the
provisions of this Act are severable.
20
the measure is designed to authorize gaming, and should be
read consistently with any other measure which authorizes
gaming.
Local revenue provided by the measure can be used only to
hire new government employees —it can't be used to close
local government budget gaps or prevent the elimination or
curtailment of local services.
In addition, nothing in this provision prevents the state
from reducing other funding provided to local governments
— meaning that the local governments may receive no net
new funding from the measure.
This provision puts the measure above the law itself.
Courts are stripped of their authority to stop the operation
of slot machines by card clubs and racetracks, even if a
court finds the measure's provisions to be illegal and
unenforceable. This attempt to strip courts of their
authority to restrain "illegal conduct itself violates
constitutional provisions on separation of powers.
r
r.
101
101
Downtown Los Angeles
10
Nil
110
210
•Arcadia
605 )
10
Commerce
60
Bell Gardens
Gardens
Inglewood
105
Gardena 5
91
405 •Compton
• Hawaiian
Gardens
710 40s- • Cypress
76
• Oceanside
Vegas -style
Recreation{ dark
d
^ Y !
00,
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5 cea�S\
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M
Californians Against the,.--,;f
ptive Gambling Proposition
WHY CITIES AND COUNTIES OPPOSE
THE DECEPTIVE GAMBLING PROPOSITION
WHAT'S THIS MEASURE ALL ABOUT?
Its primary objective is to allow eleven 'privately -owned card clubs and five privately -owned
horseracing tracks to operate 30,000 slot machines/gaming devices at their existing facilities.
Essentially, it would give these card clubs and racetrack owners a permanent, constitutional right
to build large, Las Vegas style casinos in city and suburban neighborhoods throughout the state
without limitation or control by local communities.
The gambling promoters. behind this measure, led by Hustler Casino owner Larry Flynt, will try
to sell it to you by promising -it will help finance local government programs. But don't be.
fooled, this proposition is about increasing profits for those bankrolling it. And they cynically
want to hide behind your good name to help promote their cause.
WHAT'S THE IldPACT ON LOCAL GOVERNMENT?
Its promoters claim that their gambling proposition is all about helping foster children, police
and firefighters. In return for the billions they would rake in from their new casino operations,
they'd provide a percentage of the net win from their gambling machines into a state fund with
restricted allocations to new child abuse, police and fire programs.
(Source: Gaming Revenue Act Section 3, 19)
But the measure is so deceptively written and comes with so many strings attached; it would
reduce local control, require additional state mandates, and would actually hurt cash -strapped
local police, sheriffs and fire departments.
The initiative prohibits use of this funding to save the jobs of existing public safety personnel
whose positions are threatened by existing budget deficits. It specifically allocates. funding only
for "additional" neighborhood sheriffs, police officers and firefighters. And the costs of
providing support services to these additional public safety officers —such as the costs for
uniforms, training, equipment, vehicles, and facilities —would not be covered by funding from this
measure. These support costs would have to be borne as a separate and additional expense by
local governments. Finally, there's absolutely no money allocated for other essential public
services threatened by growing municipal budget deficits. More importantly, local goverrunents
would have no discretion to allocate funds to respond to local needs and priorities.
As the Sacramento Bee recently editorialized:
"While it would provide money to local governments, it would also deny those
governments flexibility to spend money where it is most needed."
Californians. Against the Deceptive Gambling Proposition:
A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians
I I I Anza Blvd., Suite 406, Burlingame, CA 94010 4 Tel: (800) 420-8202 Fax: (650) 340-1740
1130.0 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 4 Tel: (3I0) 996-2676 Fax: (3I0) 996-2673 6-1-04
www.deceptivegamblingprop.com '"" ,)
WHO IS PROMOTING THE PROPOSITION?
It probably comes as no surprise that the 16 card clubs and racetracks that stand to profit from
this measure, are its primary financial backers. These backers include Hustler Magazine
publisher and Hustler Casino operator Larry Flynt, a foreign billionaire who owns three of the
five private racetracks, and other out -of state gambling interests.
(Source: Campaign disclosure reports)
OPPOSED BY THE CALIFORNIA POLICE CHIEFS ASSOCIATION AND LEADING
PUBLIC SAFETY GROUPS
The proposition would expand casino gambling into California urban areas on an unprecedented
scale. Law enforcement experts predict this will lead to a significant increase in crime, drunk
driving and other risks to public safety that will strain already -stretched law enforcement and
public safety resources. That's why the California Police Chiefs Association, California State
Firefighters Association and other law enforcement organizations oppose this measure. The
initiative is also opposed by coalitions representing many California Indian Tribes, as well as the
National Tax Limitation Committee. Major newspapers, including the Los Angeles Times,
Sacramento Bee, and Oakland Tribune have opposed it.
"The California Police Chiefs Association strongly opposes the casino gambling proposition...
and intends to take the lead in urging all Californians to reject this threat to public safety. "
California Police Chiefs Association
CREATES TAX LOOPHOLES FOR CARD CLUB AND RACETRACK OWNERS'
According to the Attorney General's official title and summary the measure exempts the 16
authorized card clubs and racetracks from new or increased state or local taxes, fees or levies
imposed after September 1, 2003. The impact on local government revenues could be significant.
(Sources: Official title and summary prepared by the California Attorney General, former California State Auditor
Kurt Sjoberg, Gaming Revenue Act Section 3, subparagraph 19(1)(4) Prohibition on Additional Fees,
Taxes and Levies.)
EXEMPTS ITS PROMOTERS FROM STATE AND LOCAL LAWS
The measure also exempts the 16 authorized card club and racetrack owners from compliance
with many state and local laws when constructing or operating their new facilities. Specifically,
they would be exempted from complying with the California Environmental Quality Act
(CEQA), and local zoning laws. For example, when these private companies build their giant
new casinos they would be exempt from the environmental review process that protects local
land use plans, water supplies, air quality and requires mitigation of traffic impacts.
(Source: Gaming Revenue Act Section 19(i) )
40
California Police Chiefs Association
Memorandum
PRESS RELEASE
Contact: Rick TerBorch, President
California Police Chiefs Association
805-473-5121
Police Chiefs Condemn Casino Gambling Initiative
Public Safety at Risk — Voters Urged Not to Sign Ballot -Qualifying Petitions
January 26, 2004-- The California Police Chiefs .Association has taken the following
position on the casino gambling initiative whose proponents are expected to begin the signature -
gathering process today to place the measure on the November ballot:
The California Police Chiefs Association strongly opposes the casino gambling initiative
proposed for the November 2004 ballot. The association's Board of Directors recently voted
unanimously to oppose the initiative because of the serious and well -documented threats to
public safety associated with casino gambling.
Passage of this initiative will dramatically expand casino gambling in California. Thirty
thousand slot machines will be placed in 16 different locations in six California counties. These
casinos will all be in urban areas, and they will all be large, with even the smallest casinos
having several hundred slot machines.
In fact, there is a special section in the initiative that will turn one location, Hollywood
Park in Inglewood, into the one of the largest casinos in the world!
Make no mistake; there is a serious link between large scale casino gambling and crime.
That is why we opposed the Indian gaming initiatives and why we oppose this casino initiative.
The experience of Atlantic City provides a sobering preview of the crime problems that await
California if the casino initiative is adopted. According to 2002 Federal Bureau of Investigation
crime reports, Atlantic City, none of whose casinos are as big as the proposed Hollywood Park
California Police Chiefs Association P.O. Box 255745 Sacramento, California 95865-5745
(Office) 916-481-8000 - (Fax) 916-481-8008 e-mail calchief(icpcachiefs.org website www.cpcachiefs.org
location, has an overall crime index of 12,924 crimes per 100,000 people. The Atlantic City
crime rate is over three times the national average.
The California Police Chiefs Association's 336 members are responsible for providing
direct public safety services for over 70% of California. We take our responsibility of protecting
the public very, very seriously. It is for this reason that we are alarmed by the public safety
threats created by the proposed casino initiative.
Proponents of the casino gambling initiative want to buy your vote by promising much -
needed tax revenue to California. But the threat to public safety is too high a price to pay in
return. On behalf of our members, we call on California voters not to be fooled by the paid
petition pushers hired by the gambling industry to qualify this measure for the ballot.
Californians can protect public safety by refusing to sign the casino petitions.
In the event the measure does qualify for the ballot, the California Police Chiefs
Association will make its defeat a top priority, and we intend to take the lead in urging all
Californians to soundly reject this threat to public safety.
For further information about the California Police Chiefs Association position on
the casino initiative and the related crime problems, please call Rick TerBorch, President
of the California Police Chiefs Association, at 805-473-5121.
California Police Chiefs Association 7 P.O. Box 255745 Sacramento, California 95865-5745 .
(Office) 916-481-8000 :1 (Fax) 916-481-8008 .—_� e-mail calchiefRcpcachiefs.org L website www.cpcachiefs.org
42
Sample Local Government Resolution
Opposing Gaming Revenue Act of 2004
Whereas, the Gambling Revenue Act of 2004 is a statewide proposition that would allow eleven
privately owned card clubs and five privately owned horseracing tracks to convert their existing
facilities into large Las Vegas -style casinos with a total of 30,000 slot machines and other gambling
devices at those facilities, and;
Whereas, the measure exempts these facilities from complying with local zoning laws and the
California Environmental Quality Act (CEQA) thereby undermining local control, and;
Whereas, the measure exempts these card clubs and racetracks from future state and local tax
increases, and;
Whereas, funds generated by this measure cannot be used to reduce existing budget deficits of the .
State of California or of individual cities and counties, and the measure denies cities and counties the
right to use funds where local governments determine they are most needed, and;
Whereas, according to the former California State Auditor General, the funding this measure provides
for local police, sheriff and fire departments is "exclusively" for "additional" personnel and cannot be
used for any other purposes such as equipment, support, training, supervision, and other necessary
expenditures required to support new personnel, and;
Whereas, according to the former California State Auditor General, cities and counties must use
existing budget dollars to establish a baseline or maintenance of effort expenditure for child protective
services, sheriffs, police officers and firefighters to be eligible for any new funds generated by the
measure which could end up worsening local budget problems, and;
Whereas,- the California Police Chiefs Association and other law enforcement organizations strongly
oppose the proposition because they are alarmed by the public safety threats would. create including
increased crime such as prostitution, loan -sharking and burglary.
THEREFORE BE IT RESOLVED, opposes the Gambling
Revenue Act of 2004.
Organization Name Date
Authorized Signature Printed Name Title
Mailing Address City State Zip
Telephone Number Fax Number
E-Mail Address Organization Website ,
Please fax to 310 996-2673. If you have questions, please call 310 996-2676
Californians Against the...
eceptive Gambling Proposition
OPPOSITION FORM
I/We OPPOSE the Deceptive Gambling Proposition (the so-called "Gaming Revenue Act")
that will appear on the November 2004 ballot. You may list me/my organization publicly as
an opponent of this measure.
Name (please print)
Current Title or Occupation"
Mailing Address
Phone Number
Date Signed
Signature
Organization or Company (i.e. employer)"
E-mail Address
Fax Number
On the lines below, please list any other notable current or former titles or affiliations you may
have, including other job titles, organizational positions, awards, etc.
Other current or former titles or affiliations"
Other current or former titles or affiliations"
"Titles and affiliations are for identification purposes only and will be indicated as such on any published lists.
Please mail or fax this form to:
Ted Green, Coalition Director
11300 West Olympic Blvd., Suite 840
Los Angeles, CA 90064
Fax: 310 996-2673
Californians Against the Deceptive Gambling Proposition:
A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians
I I I Anza Blvd., Suite 406, Burlingame, CA 940I0 4 Tel: (800) 420-8202 Fax: (650) 340-1740
11300 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 4 Tel: (3I0) 996-2676 Fax: (310) 996-2673-
WWW.deceptivegamblingprop.com s`
Honorary Statewide
Co -Chairs
Hon. Steve Westly
California State
Controller
Hon. Richard Riordan
California Secretary for
Education
Hon. Leon Panetta
Former Congressman
and White House Chief
of Staff
Hon. Becky Morgan
Former California State
Senator
ilor A4 Ad
June 8, 2004
Don Adolph
PO Box 1504
La Quinta, CA 92253-1504
Dear Mayor Adolph,
WRITTEN CORRESPONDENCE ITEM: e2'
ji# 22 �a4
We're writing to ask you to join us in supporting one of the most important opportunities to
reform government in recent California history — the Voter Choice Open Primary Initiative —
which will appear on the November 2004 ballot.
A majority of Californians believe they should be allowed to vote for any candidate, regardless
of party, in primary elections. This is evidenced by the overwhelming vote for Proposition 198
in 1996, which established the first -ever Open Primary in the state. This Open Primary was in
effect in 1998 and 2000, and voter turnout and interest soared. Unfortunately, the U.S. Supreme
Court in 2000 threw out California's Open Primary. In 2002, the state reverted to the closed
primary with a totally predictable result: voter turnout in the ' 02 primary was the lowest ever.
We are chairing a bi-partisan effort to restore the Open Primary. This initiative creates an Open
Primary system which is similar to the method we have used for the past century to elect both
local officials and our statewide Superintendent of Public Instruction. What's more, it is written
in a manner that addresses the concerns of the Court.
Our state needs the Open Primary now more than ever. In opening up California's election
process, we expand voter choices, increase participation, create more competition in elections,
and generate more accountability for our state's elected officials so that they are responsive to
the broader concerns of the larger electorate — not just those of a narrow slice of voters.
Please support this reform initiative by returning the attached endorsement form. For more .
information you can call us at (818) 731-7336 or (916) 924-7501. Please join us in this critical
effort. We thank you — and the voters of California will thank you, too.
Sincerely,
Hon. Richard Riordan
Co -Chair
.,X*1 1, �V�
Hon. Steve Westly
Co -Chair
Californians for an Open Primary PAC • ID# 1260238 • www.openprimary.org
2443 Fair Oaks Blvd., Suite 191 • Sacramento • California • 95825 • (916) 924-7501 • (916) 924-1759 fax
15301 Valley Vista Blvd., Suite 408 • Sherman Oaks • California • 91403 • (818) 731-7336
Californians for an Open Primary PAC, major funding by corporate, insurance & financial institutions including
Countrywide Home Loans, Inc. and committees, trusts & businesspersons/philanthropists including Rebecca Morgan. J
® 30
JY'
Yes, I support the Voter Choice Open Primary! I want to bring real choices
back to the voters.
I would like to help in the following ways:
Lend my name as an endorser. Signature:
Make a financial contribution. Enclosed is my check for $
Volunteer to help on the campaign:
Help secure an endorsement from my organization.
Write letters to the editor.
Host a house party to inform my friends and neighbors about the VCOP.
Other:
Name:
Title:
Organization:
Address:
City:
Work Phone:
Home Phone:
Occupation:
State: Zip:
Fax:
Email Address:
Employer:
Please make checks payable to: Californians for an Open Primary PAC • ID# 1260238.
Mail to: 500 Treat Avenue, Suite 100, San Francisco, California, 94110.
Please return this form to the address below or fax it to: (916) 924-1759.
Californians for an Open Primary PAC a I.D.# 1260238 • www.openprimary.org
15301 Valley Vista Blvd., Suite 408 • Sherman Oaks • California • 91403 • (818) 731-7336
Contributions are not tax deductible as charitable contributions for Federal income tax purposes. Californians
for an Open Primary PAC, major funding by corporate, insurance and financial institutions including Countrywide
Home Loans, Inc. and committees, trusts and businesspersons/philanthropists including Rebecca Morgan.
®max"30 ® .
A 6
BACKGROUND ON THE OPEN PRIMARY
In 1996, California voters overwhelmingly passed Proposition 198, ushering in the "open
primary" for the first time in the state. This gave voters more choices by allowing them to
vote for any candidate, regardless of party registration, in the primary election. While it was
in effect for the 1998 and 2000 elections, the open primary significantly increased voter
interest and participation. Unfortunately, in the summer of 2000 the U.S. Supreme Court
threw out California's open primary law.
Today, a bi-partisan group of civic, government and business leaders are working to bring a
Voter Choice Open Primary back to California. This group studied the Supreme Court's
decision, recruited nationally known constitutional scholars and election law experts and
drafted a new open primary initiative to meet the Court's specific tests. The Voters Choice
Open Primary Initiative will appear on the November 2004 ballot.
THE IMPORTANCE OF THE VOTER CHOICE OPEN PRIMARY
The Current Closed Primary Excludes Many Voters
The Supreme Court decision meant California returned to the closed primary in 2002, in
which Democrats can vote only for Democrats and Republicans can vote only for
Republicans. This essentially disenfranchises millions of voters. The redistricting plan
passed by the California Legislature in 2001 made most legislative and congressional seats
"safe" for one major party or the other. In these gerrymandered districts, the overwhelming
majority of races are decided in the primary, and the general election winner is a foregone
conclusion. That means millions of voters really have no role in determining who represents
them in Sacramento or Washington. It is no wonder the turnout in the 2002 closed primary
was the lowest in state history.
Give Voters Real Choices and Increase Voter Participation
The Voter Choice Open Primary will permit all voters to participate in the primary election,
and to choose the best candidates, regardless of party registration. The Voter Choice Open
Primary will increase voters' choices, encourage voter participation and make it easier for
sensible, mainstream candidates who are pragmatic problem-solvers*to win public office.
Make General Elections More Competitive — and Politicians More Responsive
Under the Voter Choice Open Primary system, the top two vote getters in the primary,
regardless of their party registration, will go on to face each other in the general election.
This will ensure that the November elections, when millions more voters turn out, will be more
competitive. Nearly all of these seats are now essentially won outright in the primary, with no
credible general election opponent — and sometimes no opponent at all. The Voter Choice
Open Primary will encourage healthier competition in every district and force political
candidates to listen to all voters in their districts, not just those registered in their own party
who voted for them in the primary.
47
COUNCIL/RDA MEETING DATE: JULY 6, 2004
ITEM TITLE:
Demand Register Dated July 6, 2004
RECOMMENDATION: Approve Demand Register Dated July 6, 2004
BACKGROUND:
Prepaid Warrants:
58981 - 590051
87,514.61
59006 - 590361
2,816,288.37
Wire Transfers}
5629917.98
P/R 32134 - 32156)
126,789.07
P/R Tax Transfers}
34,906.59
Payable Warrants:
59037 - 591791
448,761.74
$4,0779178.36
FISCAL IMPLICATIONS:
Demand of Cash - City $7582821.08
Demand of Cash -RDA $3,3185357.28
M. Falconer, Finance Director
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR J
STUDY SESSION
PUBLIC HEARING
w
CITY OF LA QUINTA
BANK TRANSACTIONS 6/10/04 - 6/22/04
6/18/04 WIRE TRANSFER - ICMA $8,235.23
6/18/04 WIRE TRANSFER - PERS $20,000.39
6/16/04 WIRE TRANSFER - JEFFERSON STREET $307,006.25
6/18/04 WIRE TRANSFER - JEFFERSON STREET $227,676.11
TOTAL WIRE TRANSFERS OUT $562,917.98
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OF
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Approval of Restated and Amended
Employment Agreement with City Manager
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
This item was continued from the June 18, 2004 City Council Meeting.
Respectfully submitted,
Thomas P. Genovese, City Manager
T4ht 4 e4P Qu&rA�
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Adoption of a Resolution Granting
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Tract Map No. 30096-2,
Puerta Azul, Puerta Azul Partners, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution granting conditional approval of a Final Map and Subdivision
Improvement Agreement (SIA) for Tract Map No. 30096-2, Puerta Azul, Puerta Azul
Partners, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 30096-2 is located west of Madison Street and north of Avenue 58
(Attachment 1). This residential development will consist of 44 residential lots on
approximately 9.4 acres (Attachment 2).
On May 15, 2001, the City Council approved Tentative Tract Map No. 30096.
The developer has requested the City Council's conditional approval of the Final Map
which will allow 30 days for completion of its processing. To date, the SIA
(Attachment 3) has been executed by the developer but the associated securities have
not yet been received. The Final Map is technically complete and is being routed for
signatures. The developer expects that the associated securities and all signatures will
be in place and submitted to the City within, the time allowed for its conditional
approval.
S:\CityMgr\STAFF REPORTS ONLY\7-6-04\C 1 30096-2.doc
As a result, City staff has prepared a Resolution which provides for conditional
approval of the Final Map and SIA. The approval is contingent upon receipt within 30
days (August 5, 2004), of a technically correct Final Map, suitable for recording by the
County Recorder, with all required signatures (except the City Clerk) and the
associated securities. 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.
FINDINGS AND ALTERNATIVES:
e alternatives available tote City Council include:
1. Adopt a Resolution granting conditional approval of a Final Map and
Subdivision Improvement Agreement for Tract Map No. 30096-2, Puerta
Azul, Puerta Azul Partners, LLC.; or
2. Do not adopt a Resolution granting conditional approval of a Final Map and
Subdivision Improvement Agreement for Tract Map No. 30096-2, Puerta
Azul, Puerta Azul Partners, LLC.; or
3. Provide staff with alternative direction.
Respectfully submitted,
TimapAy R. Jon sso , P.E.
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
2
90
RESOLUTION NO. 2004-(Clerk's Office will enter)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, GRANTING
CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP
NO. 30096-2, PUERTA AZUL, PUERTA AZUL
PARTNERS, LLC., 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, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The final map ' for Tract Map 30096-2 is conditionally approved
provided the subdivider submits all required items on or before August 5, 2004.
3 91
Resolution No. 2004-
Tract Map No. 30096-2, Puerta Azul
Adopted: July 6, 2004
Page 2
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 to the tentative tract 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.
A. Place appropriate securities in accordance with the approved
Subdivision Improvement Agreement.
B. Finalize the final Tract Map and obtain all necessary signatures.
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, 2004. 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 July 2004, by the following vote, to wit:
AYES:Council Members (Clerk's Office will enter)
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH, Mayor
City of La Quinta, California
4
Resolution No. 2004-
Tract Map No. 30096-2, Puerta Azul
Adopted: July 6, 2004
Page 3
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
5
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CITY OF LA QUINTA ATTACHMENT 3
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 30096-2
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of
by and between PUERTA AZUL PARTNERS, LLC, an OREGAN 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 Tract map (the "Map") of a unit of land in the City of
La Quinta, County of Riverside, which unit of land is known as Tract No. 30096-2 (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, Subdivideris required to install or agree to install certain public and
private improvements (the Improvements„ )..
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish original improvement plans meeting the'requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this
Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards,
specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security..
A. One class of security .to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider's fair share of Improvements which have been or will be
constructed by others ("Participatory Improvements"), and payment of plan check and permit
fees. A second class of security to be provided by Subdivider, hereinafter referred to as
"payment security," shall assure the payment of the cost of labor, equipment and materials
supplied to construct the Improvements. A third class of security to be provided by Subdivider,
hereinafter referred to as warranty security, shall serve as a guarantee and warranty of the
Improvements for a period of one year following the completion and acceptance of the
Improvements. Subdivider shall furnish performance and payment security prior to and a
s 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. 12
TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Puerta_Azul_30096-2\ONSITE_SIA.doc I \
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B. Improvement security shall conform to 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.
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 Tract 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 se0arate 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, Tract
map or waiver of Tract 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 1 a3rranty
TAProject Development Division\Development Projeds\Agreements\SIA\SIAs in Progress\Puerta_Paul_30096-2\ONSITE_SIA.doc
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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 3.13., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
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, war anty
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security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits
shall comply with all provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best efforts purchase such real property at a reasonable price. In the event that Subdivider is
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may request in writing that City attempt to acquire such real property. City may, but is not required to,
agree to attempt to acquire such real property on behalf of Subdivider: if City so agrees, City and
Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appraised fair market value of the real property. Any unexpended portion of said advance shall
be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions of Approval.
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 Maieure. 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.
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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
visions to the original plans held by City so the
Engineer, Subdivider shall make any necessary re
plans depict the actual Improvements constructed. When necessary revisions have been made, each
separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or
"Record Drawing,"the marking shall be stamped by an engineer or surveyor, as appropriate for the
improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require
Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may
affect the amount of payment security released. '
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform
the obligation, 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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Thomas P. Genovese, City Manager
ATTEST:
Date
City Clerk
SUBDIVIDER: Puerta Azul Partners, LLC
17700 S.W. Upper Boones Ferry Rd #100
Portland, OR 97224
(503) 869-2831
Date
Title: C".CV
By:
Title:
Reviewed and Approved:
City Engineer
Approved as to Form:.
City Attorney
Date
Date
Date
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Exhibit A
ON -SITE SECURITY — TRACT MAP NO.30096-2
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Grading
Street Improvements
$
$
-
181,920
$
$
181,920
Domestic Water
$
75,210
$
75,210
Sanitary Sewer
$
79,290
$
79,290
Dry Utilities
$
210,000
$
210,000
Monumentation
$
10,000
$
Totals
$
556,420
$
546,420
Standard 10% Contingencey
$
55,642
$
$
54,642
601,062
Total Construction Cost
$
612,062
Professional Fees, Design 10%
$
61,206
$
$
60,106
60,106
Professional Fees, Const 10%
$
61,206
No Plans Contingency 25%
$
153,016
$
150,270
Bond Amount
$
887,490
$
871,540
18 1 `tr 7of7
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Approval of the Plans, Specifications and
Engineer's Estimate and Authorization to Advertise for
Bid the Eisenhower Drive Street and Median Island
Landscape Improvements, Project No. 2001-02A
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff
to advertise the Eisenhower Drive Street and Median Island Landscape Improvements,
Project No. 2001-02A for bid.
FISCAL IMPLICATIONS:
The following represents the project's approved funding and funding sources:
General Fund:
CDBG:
Gas Tax:
Infrastructure Funds:
RDA Project Area No. 1 Funds:
$32,666.00
$174,427.00
$72,265.82
$561,068.18
$1, 200, 000.00
Total Funding Available: $2,040,427.30
Less Prior Expenditures 1: ($1,108,558.51)
Amount Available:
$931,868.79
Based upon the engineer's estimate in the amount of $984,750.00, the following
represents the estimated project budget to complete the Eisenhower Drive phase of
the project:
1. Reflects the costs expended through January 31, 2003 for the Washington Street Rehabilitation
Phase of the project.
S:\CityMgr\STAFF REPORTS ONLY\7-6-04\C 2 2001-02A.doc 107
Construction:
$984,750.00
Design Engineer Contract Balance:
$4,000.00
Inspection/Test/Survey:
$76,000.00
Administration:
$20,000.00
Professional:
$12,000.00
Contingency:
$98,000.00
Total:
$1,194,750.00
As illustrated, a difference exists between the available funding ($931,868.79) and
the anticipated project budget ($1,194,750.00) in the amount of $262,881.21.
Considering the project budget is based upon the engineer's estimated probable
construction costs and actual bids have not been received, staff does not recommend
any funding adjustments at this time. Staff will readdress the project budget after
contractor bids are received and prior to the City Council's consideration of contract
award.
CHARTER CITY IMPLICATIONS:
This project is partially funded with RDA Project Area No. 1 funds and may be funded
with Federal CDBG Funding. Therefore, the project must be bid utilizing prevailing
wage requirements and there are no charter city implications.
BACKGROUND AND OVERVIEW:
On June 18, 2002, the City Council awarded a contract in the amount of $689,684 to
Matich Corporation to construct the Washington Street Pavement Rehabilitation
Improvements, Project No. 2001-02. The project limits were Washington Street from
approximately 1,700 feet north of Avenue 50 to Simon Drive and. Eisenhower Drive
from Washington Street to Coachella Drive. The City Council accepted the
Washington Street phase of the project on January 7, 2003. The total amount
expended for the Washington Street phase of the project was $1,050,000.00.
The Eisenhower Drive pavement rehabilitation improvements were delayed due to
seasonal traffic concerns and the Coachella Valley Water District's (CVWD) desire to
retrofit its water and sewer facilities within the project area. The City Council added
the median island curb, median island landscape and irrigation, and median island
lighting improvements to the project with the adoption of the FY 2002/2003 Capital
Improvement Plan (CIP).
On December 3, 2002, the City Council authorized staff to distribute a Request for
Proposal to obtain professional engineering services to prepare the PS&E of probable
constructions costs for the Eisenhower Drive Street Improvements, Project No. 2001-
02A, and appointed a Consultant Selection Committee.
On March 4, 2003, the City Council approved a Professional Services Agreement
(PSA) with RBF Consulting in the amount of $67,625.00 to prepare the PS&E.
The PS&E are now complete and available for review within the Public Works
Department.
Contingent upon City Council authorization to advertise the project for bid on July 611
2004, the following represents the project schedule:
City Council PS&E Approval
Project Advertisement
City Council Awards Construction
Sign Contracts and Mobilize
Construction (120 Consecutive Calendar Days)
Project Close-out/Acceptance
FINDINGS AND ALTERNATIVES:
July 6, 2004
July 7 - July 14, 2004
August 3, 2004
August 4 - August 31, 2004
September 1 - November 29, 2004
December 2004
The alternatives available to the City Council include:
1. Approve the plans, specifications and engineer's estimate of probable
construction costs and authorize staff to advertise the Eisenhower Drive Street
and Median Island Landscape Improvements, Project No. 2001-02A for bid; or
2. Do not approve the plans, specifications and engineer's estimate of probable
construction costs and do not authorize staff to advertise the Eisenhower Drive
Street and Median Island Landscape Improvements, Project No. 2001-02A for
bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
T thy R. JonJsso6JP.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
3
109
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Approval of a Modified Cultural Arts
Commission Work Plan for Fiscal Year 2004-05
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: S
STUDY SESSION:
PUBLIC HEARING:
Approve the modified Cultural Arts Commission's annual work plan for Fiscal Year
2004-05 to include a concert as part of the task "Coachella Valley Cultural
Conferences, Workshops and Events."
FISCAL IMPLICATIONS:
The 2004-2005 Fiscal Year Preliminary Budget includes $15,000 in the Community
Services Department Contract Services Budget Account #101-3001-451-33-62 for
community special events. This account has been used in the past to fund
community concerts.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the May 20, 2004 Cultural Arts Commission (Commission) meeting, the
Commission discussed and ultimately voted on the tasks they would like to
complete as part of their 2004-05 annual work plan. This plan was forwarded for
City Council consideration at the June 1, 2004 City Council meeting, but did not
include hosting of a concert in the work plan.
During the discussion of the Commission, they discussed hosting a concert during
Fiscal Year 2004-05, but discussed this event not being held on the same day as
the Community Picnic. During the discussion, it was unclear to staff as to the final
determination of the Commission.
Ito
At the June 8, 2004 Cultural Arts Commission meeting, the Commission stated
that it was, indeed, their intent to host a concert, however, not on the same day as
the Community Picnic. Staff verified that the original motion made by the
Commission did include hosting a concert as a task in the 2004-05 annual work
plan.
The Commission is asking for City Council consideration to add hosting a concert to
the 2004-05 annual work plan that was approved by the City Council on June 1,
2004. Attachment 1 provides a redline version of the task "Coachella Valley
Conferences, Workshops and Events" with "host a community concert" inserted.
During the June 18, 2004 City Council meeting, in which the 2004-05 budget was
discussed, the City Council reduced the "Community Special Events" line item from
$40,000 to $15,000. The specified funding of $15,000 that remains in this line
item could be utilized by the Commission to fund community concerts.
As has historically been done, when the Commission determines a date, time and
theme for the concert, this information will be brought forward for City Council
consideration and approval.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the modified Cultural Arts Commission's annual work plan for Fiscal
Year 2004-05 to include a concert as part of the task "Coachella Valley
Cultural Conferences, Workshops and Events;" or
2. Do not approve the modified Cultural Arts Commission's annual work plan
for Fiscal Year 2004-05 to include a concert as part of the task "Coachella
Valley Cultural Conferences, Workshops and Events;" or
3. Provide staff with alternative direction.
rR,eesgectfull� submitted,
Dodie Horvitz, kommunity Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Modified "Coachella Valley Cultural Conferences,
Workshops and Events" Task
ATTACHMENT 1
Cultural Arts Commission Work Plan
July 2004
Task: Coachella Valley Cultural Conferences,
Workshops, & Events
Completion Date: On -going
Participants: Commissioners, City Council
Suggested Resources: Community members, City Council,
Coachella Valley Cities, private cultural arts
interests, State and Federal sources, and
other appropriate organizations
Commission Steps to Completion: • In conjunction with the Community
Services Commission, participate in
the annual Tree Lighting Ceremony,
Community Picnic and Birthday
Celebration, host a communit concert
and other special events deemed
appropriate by the City Council.
• Participate in the annual Artist
Partnership Day
s Work with the Coachella Valley Arts
Alliance to host symposia and other
cultural events as deemed appropriate
by the City Council
Commission Time:
Staff Time:
Fiscal Commitment:
Staff Role:
Council Role:
Up to 100 hours per event
Up to 60 hours per event
Up to $10,000 per event and up to a maximum of
$40,000 per year for four events.
Provide support and act as a liaison to City Council
Review purpose of conferences, workshops & events and
consider participation and budgets for events
Goal: Chapter 2.75.040 (6) Work cooperatively with City
boards, commissions and committees, and other public
and private organization in promoting art and cultural
activities within the City.
6
1134).
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COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE:
Authorization for the City Manager to Sign a Contract
Extension for One Year with Hilton Farnkopf &
Hobson, LLC for AB 939 Services for Fiscal Year
2004/2005
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to sign a contract extension with Hilton Farnkopf &
Hobson, LLC for AB 939 services for Fiscal Year 2004/2005 in an amount not to
exceed $58,000.
FISCAL IMPLICATIONS:
The Community Development Department has budgeted $50,000 for AB 939
consultant services, $3,000 for Franchise Monitoring and Enforcement and $1 1,550
for AB 939 Programs. The contract is for the implementation of AB 939 programs to
assure the City's compliance with the State's AB 939 mandate. The requested Scope
of Services has remained the same for Fiscal Year 2004/2005. Adequate AB 939
funds are available in account 101-6002-463.22 within the Fiscal Year 2004/2005
budget to fund the $48,000 budget, plus $10,000 in optional tasks. The additional
$10,000 ($2,000 in consultant amount and $8,000 in monitoring, and programs) for
optional tasks is allocated in the same account as part of the AB 939 Recycling
Programs budget as noted above.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On May 5, 1998, the City Council originally approved a recommendation of staff to
hire Hilton Farnkopf & Hobson, LLC as the City's AB 939 consultants and has
continued to approve the contract extensions each year. The proposed Scope of
Services provides for monitoring of current programs, implementation of a few
selected programs (such as an organic waste and community outreach program), as
well as monitoring the City's Waste Contract (optional, as needed).
113
Pursuant to City Council Resolution 96-80,. "...Prescribing the Procedures, Rules and
Regulations Governing the Solicitation and Selection of Firms and Award of Contracts
for the Furnishing of Personal Services, Professional or Consulting Services, or other
Contractual Services Which are not Subject to the Formal Bidding Procedures..."
Section 9, "Exceptions - Renewal of Contracts", states the City Council is permitted to
authorize the City Manager to bypass the competitive selection process in the renewal
of a renegotiation of an existing.contract for continuing services.
Based on this Resolution, staff is recommending the contract with Hilton Farnkopf &
Hobson, LLC be extended for the next Fiscal Year rather than preparing a Request for
Proposals and going through the selection process. Staff has established a good
working relationship with the consultants and the Scope of Services for 2004/2005
will be similar to the 2003/2004 contract.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Authorize the City Manager to sign a contract extension with Hilton Farnkopf &
Hobson, LLC for AB 939 services for Fiscal Year 2004/2005 in an amount not
to exceed $58,000; or
2. Do not authorize the City Manager to sign a contract extension with Hilton
Farnkopf & Hobson, LLC for AB 939 services for Fiscal Year 2004/2005 in an
amount not to exceed $58,000 and direct staff to prepare a Request for
Proposal for distribution; or
3. Provide staff with alternative direction.
Respectfully submitted,
4'Jer H rman, Community Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Scope of Services for Contract for Professional Services
11,,4f 2
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
EXHIBIT "A"
SCOPE OF SERVICES
Proposed Tasks for AB 939 Implementation for 2004-2005
Task 1- On -going Maintenance Activities
HF&H will track solid waste legislation, regulations, CIWMB policy decisions,
and issues such as facility closures and start-ups in the Coachella Valley. We will
monitor CVAG meetings and initiatives. HF&H will be available to attend
meetings of the Riverside County Solid Waste Management Task Force if
requested.
This task also includes development of AB 939 programs necessary to keep the
City in compliance with AB 939, including adding recycling information to the
City's web site. In 2004/ 05, we propose to complete our ongoing work on the
Construction and Demolition Debris Management Plan, including development
of the ordinance, as appropriate. We will continue to monitor C&D
developments in the Valley, and coordinate efforts with CVAG, the Building
Industry Association, and Waste Management of the Desert. This task also
includes coordination with Waste Management on technical assistance and
follow-up with commercial waste generators which is becoming more important
as commercial waste becomes a larger portion of La Quinta's waste stream.
If requested, we will coordinate recycling activities at special events, such as the
La Quinta Arts Festival, by contacting event managers and the City's waste
hauler.
Task 2 - Reporting and Other Compliance Activities
HF&H will prepare the City's 2003 AB 939 Annual Report to the CIWMB which
will include documentation of diversion activities conducted throughout the
previous calendar year, as well as calculation of numerical compliance with AB
939 diversion mandates. The 2003 Annual Report would normally be due
August 1, 2004; however, we expect this date to be extended by four to five
months. We will also develop and discuss with the City a strategy to continue to
meet both the numerical and programmatic goals of AB 939 in order to achieve
compliance.
115
a.
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Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
Task 3 - Public Education Coordination
HF&H will coordinate the preparation of flyers, advertising, and other public
education materials throughout the year. Coordination of advertising includes
contacting the County's Household Hazardous Waste (HHW) Round -up
coordinator and the County's HHW Round -up contractor, the La Quinta
Chamber of Commerce, and local newspapers such as the Desert Sun to place
ads in newsletters or newspapers.
Coordination includes contacting participating entities for event information and
telephone numbers, transmitting this information to content copywriters/
designers, and ensuring timely delivery of final artwork and copy to the printer
and mailing house. Actual costs for printing, design, mailing, and advertising costs
are not included in the budget for this task.
Task 4 - Residential Green Waste and Recycling Diversion
We will request from Waste Management of the Desert a listing of all
homeowner's associations that do not currently receive curbside recycling and
green waste collection. Upon receipt of the requested information from Waste
Management, we will develop an outreach program targeting these
homeowner's associations. The outreach program may consist of HF&H
attending homeowner's association meetings, development of public education
materials (excluding design and printing costs), and creation of newspapers
articles describing this service.
Task 5 -Food Waste Composting
We will research and report on any existing food waste composting programs
already in existence in the City. If .after review of our findings and
recommendations the City desires to move forward with a food waste
composting program, we will create an outreach program to restaurants and
grocery stores within the City. The outreach program will include a "How To"
brochure and resource guide designed to assist in food waste composting.
Task 6 - Assess Recycling in Schools/Implement New Programs
Under this task, we will assess the existing recycling programs at the schools
within the Desert Sands Unified School District. The goal of the initial
assessment is to identify the types and quantities of materials that are currently
being recycled, and to identify opportunities to recycling additional materials
that are currently being disposed. The assessment will also identify the existing
recycling infrastructure available in the schools, such as in -classroom recycling
containers, and centralized collection containers for both refuse and recyclables. 116
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Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
Based on the results of our research and the needs of the schools, we may:
• Coordinate the acquisition and installation of new DOC-funded recycling
containers for the common areas of the schools; and,
• Prepare recommendations for:
o Grasscycling and composting programs (either on -site or taken to a
centralized facility);
o Worm composting (vermicomposting); and,
o Food waste special collection and composting.
Task 7 - Meetings and Management
We will attend up to ten meetings with City staff and/or attend CVAG meetings.
Each month we will prepare a status report. We will prepare meeting agendas
for periodic meetings. We will conduct overall project management throughout
the year.
OPTIONAL TASKS
Task 8 - Franchise Administration/Negotiation Assistance
We will.conduct analyses and prepare summary memoranda related to franchise
administration, as directed by the Director of Community Development, on a
time -and -materials basis. Franchise administration may include such tasks as
the following:
• Franchise Agreement Renegotiation Assistance
• Review of Proposed Rate Adjustment
• Transfer Agreement Negotiation Assistance
• Review of Franchise Agreement Compliance
We anticipate that some of these franchise administration tasks will be necessary
in the coming year, while others will not be needed. We anticipate that the City
will need to negotiate with one or more parties for a favorable transfer station
rate, as the Edom Hill landfill is scheduled to close in the fall of 2004. The
Director of Community Development will decide which tasks are a priority for
this year.
117
3 05
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
FEES
We will perform the scope of work based on time and materials. The estimated
budget for tasks 1 through 7 is $48,000, excluding costs for printing, design,
mailing and advertising described in Task 3. Optional Task 8 is budgeted at
$10,000, which may or may not be sufficient, depending on the number and
complexity of the requested optional tasks. The specific tasks we perform will be
determined by mutual agreement with City staff.
We will bill you once per month based on the number of hours worked
multiplied by our hourly billing rates, plus expenses incurred. Payment is due
within 30 days of invoicing. Hourly rates for our consultants are as follows:
Senior Vice President
Senior Manager
Senior Associate
Associate
Professional Assistant
Expenses will be billed as follows:
Mileage
Document reproduction (over 15 pages/run)
Postage/ document couriers/ overnight mail
Subcontractors or outside design/printing
All other out-of-pocket expenses
Or as adjusted by the IRS for mileage allowance
$220
$185
$175
$160
$95
$0.375 per mile
$0.15 per page
Actual
Actual + 15 %
Actual
118
nfa
4
Agreement for Consulting Services -Hilton Farnkopf & Hobson, LLC
AB 939 Implementation Fee Estimate - FY 20M4,L05 Services
2. Reporting and AB 939 Compliance Activities
A. Prepare AB 939 annual report
B. Respond to CIWMB inquiries
Task 2: Hours
Task 2: Fees
3. Public Education Coordination
Task 3: Fees
4. Residential Green Waste & Recycling Diversion
Task 4: Fees
5. Food Waste Composting
Task 5: Fees
6. Assess Recycling in Schools/Implement New Programs
Task 6: Fees
7. Meetings and Project Management
A. Meetings
B. Project management/ internal quality reviews
Task 7: Hours
Task 7: Fees
Total Hours
Hourly Rates
Total Fees
Expenses
Total Fees and Expenses (excluding optional tasks)
Optional Task 8 (time and materials)
Total Fees and Expenses, Tasks 1 to 7 plus Optional Task 8
Fru4. A, Total e r.
lIanager Hours
0
20
8
28
0
10
10
20
1
10
30
41
1
40
48
89
220 1 $ 7,400 1 $ 4,560 1 $ 12,180
0 8 32 40
0 2 8 10
0 10 40 50
$ - $ 1,850 $ 3,800 $ 5,650
0 8 16 24
$ - $ 1,480 $ 1,520 $ 3,000
0 1 8 1 24 • 32
$ - $ 1,480 $ 2,280 $ 3,760
0 16 24 1 40
$ - $ 2,960 $ 2,280 1 $ 5,240
0 1 16 24 1 40
$ - $ 2,960 $ 2,280 1 $ 5,240
0 30 30 60
3 12 8 23
3 42 38 83
$ 660 $ 7,770 $ 3,610 $ 12,040
4 140 214 358
$ 220 $ 185 $ 95
$ 880 $ 25,900 $ 20,330 $ 47,110
$ 890
$ 48,000
$ 10,000
$ 58,000
5 07
119
o�z
V
r44
OF
COUNCIL/RDA MEETING DATE: July 6, 2004 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Adoption of a Resolution of the City CONSENT CALENDAR:
Council Approving an Increase of the Vehicle Impound
Cost Recovery Fee STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Adopt a Resolution increasing the Vehicle Impound Cost Recovery fee.
FISCAL IMPLICATIONS:
The estimated cost of officer time to impound one vehicle has been determined by the
Sheriff's Department to be $92.68.(see Attachment 1.) This does not include any
charges for administrative overhead. Under the current fee structure, it is estimated
that the City is losing $25,883 per year in providing this service. Based on a
projection of impounding 792 vehicles, a $100 fee, and a 75% collection rate, it is
anticipated that the City would increase revenue relating to this service provided to the
community in the estimated amount of $23,760. This increase would simply cover the
increased costs to the City for vehicle impound.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
California Vehicle Code 22850.5 authorizes cities to levy fees to recoup the
administrative costs associated with the impounding of vehicles. The City of La
Quinta currently has a Vehicle Impound Cost Recovery fee of sixty dollars ($60), as
established by Resolution 95-92 (Attachment 2). Adoption of this Resolution will
enable the City to increase the administrative costs incurred as a result of vehicle
impoundment from sixty dollars ($ 60) to one hundred dollars ($100) . This increase
provides for additional cost recovery for this service and said cost is in line with
surrounding communities. 1�o
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution increasing the Vehicle Impound Cost Recovery fee to $100.00
per vehicle; or
2. Do not adopt the Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted,
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Memorandum from Capt. Horton, dated 06-18-04
2. Resolution 95-92.
E
RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA INCREASING THE
VEHICLE IMPOUND COST RECOVERY FEE
WHEREAS, the Riverside County Sheriffs Department, acting as the La Quinta
Police Department, impounds or stores numerous and various vehicles from highways,
public property, or private property, in the City of La Quinta during the normal course of
duty; and
WHEREAS, the Riverside County Sheriffs Department, acting as the La Quinta
Police Department, impounds or stores vehicles pursuant to its authority under the
California Vehicle Code sections 22650 through 22669; and
WHEREAS, Vehicle Code Section 22850.5 authorizes cities by ordinance or
resolution to establish an administrative charge relating to the removal, impound,
storage, or release of vehicles; and
WHEREAS, stolen and embezzled vehicle victims should be exempt from
service fees for impoundment and release of stolen vehicles; and
WHEREAS, situations may arise that warrant the exercise of prudent discretion
to forego or excuse the proposed service fee; and
WHEREAS, the administrative cost to the City of La Quinta for vehicle removal,
impound, storage, or vehicle release has increased, necessitating an increase in the
administrative charge from $60.00 to $100.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. Pursuant to Vehicle Code Section 22850.5, the administrative fee for
the recovery of impounded vehicles shall be increased from sixty dollars ($60) to one
hundred dollars ($100) and shall be effective upon adoption of this Resolution.
Section 2. The victims of stolen or embezzled vehicles shall be exempt from this
administrative fee when their vehicles are released from impound.
Section 3. The Riverside County Sheriffs Department, acting as the La Quinta
Police Department, may, in the exercise of its discretion, forego or excuse this
administrative fee when deemed appropriate by the Chief.
122
Resolution No. 2004-
Vehicle Impound Cost Recovery Fee Increase
Adopted: July 6, 2004
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of July, 2004, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
ATTACHMENT 1
CITY OF LA QUINTA
LA QUINTA POLICE
82-695 DR CARREON BLVD., INDIO CA.
MEMORANDUM
To: Tom Genovese, City Manager
From: John Horton, Chief of Police
Re: Increase in VICR Fees
Date: 6/29/2004
The La Quinta Police Department has collected VICR fees since December 1996.
Since the fees were implemented, the rate has remained fixed at sixty dollars ($60). At
the time that the City Council approved the Resolution, the administrative cost of
impounding a vehicle was determined to be equal to the cost of a contract city deputy for
one hour of work. In 1995, the hourly cost of a contract city deputy was $52.87. The
current hourly cost of a contract city deputy is now $92.68. Due to the difference in costs,
the City is currently losing an approximate amount of $25,883 annually.
VICR
Estimated
Possible
Current cost to
Difference
Fee
number of
VICR Fees
impound
amount
towed vehicles
$60
792
$479520
739403
-$259883
$100
1792
$799200
1739403
1 $59797
This new rate is close to the rates used by other cities in the Coachella Valley,
which are listed below:
city
VICR Fee
city
VICR Fee
Palm Springs
Rancho Mirage
$75.00
Impounded vehicle
$275.00
Palm Desert
$0.00
Stored Vehicle
$75.00
Indian Wells
$0.00
Cathedral City
La Quinta,
$60.00
Impounded Vehicle
$58.00
Coachella
$100.00
Stored Vehicle
$ 3 7.00
Desert Hot
S rin s
$100.00
Indio
$110.00
124
y
I obtained historical data of the amount that has been collected by the La Quinta
Police Department over the last two years. The number of vehicles stored where the
VICR fee is applicable is actually higher than the number shown due to reduced fees
collected on vehicles that are sold at lien sale by the tow companies.
City
Fiscal Year
Amount
Approx. number
of vehicles
La Quinta
2001-2002
$24,490
408
2002-2003
$239454
391
Since changes have been made to the La Quinta Police Department contract
resulting in the addition of traffic personnel, I obtained the number of VICR applicable
tows from Indio Station clerical records. The totals for the month surveyed (May 2003)
and a projection for the same volume over one year are listed below.
City
May 2003
FY
VICR Fee
Estimated VICR
Projection
Total
Fee Collected
Projection
75%
La Quinta
66
792
$479520
$35,640
If implemented, an increase in the VICR fees to a total of $100.00 per vehicle
would produce the following increase in revenue.
City
FY
VICR
VICR Fee
Estimated
Increase
Projection
FEE
Total
VICR Fee
in Fees
Projection
Collected
collected
75%per
ear
La Quinta
792
$100.00
$7%200
$ 59,400
$239760
Currently, the volume of tow hearings handled by either Sgt. Navarro or Sgt.
Shields has increased in relation to the increased number of vehicles being impounded for
30 days. An increase in the VICR fees would assist in offsetting the loss of productive
time from their duties. In addition, the hourly rate for patrol or traffic enforcement
personnel has also increased since VICR fees were implemented. The purpose of the
VICR fee is to offset the financial loss incurred by the towing agency due to lost patrol
time and increased administrative costs. An increase in these fees is necessary to
accurately reflect (and recover) the expense of man-hours used to store/impound vehicles.
Recommendation: Submit a recommendation to the City Council to increase the VICR
Fees to $100.00 per applicable vehicle.
C.
125
ATTACHMENT 2
MMUMON VS-J2
ARMLUnONOar CM COUNCIL OF nM Clff OF 1A QUV?rA.
CALMRMA XWMLUMCv A DIPOWO COST RECOVERY ME
as as LAQWwa Polo
vw== ftm ***M poW p"aity, or
P&dc prupaftY3, mall City of JA QUO" duong the nomol co m of ditty; aml
Wngwwo *0 Rwww CQUAY Mwffs as dw La Quints P*]ice
Departaseatkq)ma offt=v6*6pxlMw-1 to its 06ftrender ft Clftfl&VeH*Como
wedws 22650 throw 22669; and
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WHKu Vehide Cod Sochi 22850.5 #Aded by iftwobly BE 484 614
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TAWS.
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NOW, I ME I I 111 ORE, be it 6it L: 6y&C , *V60a of CWY OfIA Qldutl is nPW
uombkd an December 5, 1995, *9 the follomm Vthi& Cost RwovM Fee is
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PAS9—M, AWMDNM), and AD4PM thus day of December, 1995 bar the „ vote:
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4 eCP 4914ra
COUNCIL/RDA MEETING DATE: July 6, 2004.
ITEM TITLE: Approval of Program Supplemental
Agreement No. 005 to the City/State Master
Agreement 08-5433 for Surface Transportation
Program Funding for the Fiscal Year 2003/2004
Traffic Signal Improvement Program, Project No.
2003-15
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to execute Agency -State Agreement STPLHSR 5433
(005) for the engineering phase of Project No. 2003-15, Fiscal Year 2003/2004
Traffic Signal Improvement Program.
FISCAL IMPLICATIONS:
The following represents the project's funding and funding sources:
Infrastructure Funds:
Surface Transportation Program (STP)
Total Funding Available:
The following represents the anticipated project budget:
Construction:
Design:
Inspection/Test/Survey:
Administration:
Contingency:
Total:
$37,850
$244,800
$282,650
$213,000
$ 21, 300
$16,400
$10,650
$21,300
$282,650
As illustrated, the costs associated with design are estimated at $21,300.
Approval of the Supplemental Agreement (Attachment 1) will ensure the City is
reimbursed for up to 88.53%, or $19,170, of this cost. The Supplemental
Agreement will be amended upon the ' completion and approval of the Plans,
Specifications and Engineer's Estimate (PS&E) to increase the grant amount for the
S:\CityMgr\STAFF REPORTS ONLY\7-6-04\C 8 2003-15.doc
LI
construction phase of the project.
CHARTER CITY IMPLICATIONS:
None. The project is partially funded with Federal Funding and must be bid as a
prevailing wage project.
BACKGROUND AND OVERVIEW:
The proposed improvements include installing a new traffic signal at the
intersection of Dune Palms Road and Desert Crest Drive in front of the Amelia
Earhart Elementary School, and installing a pedestrian activated crosswalk on Miles
Avenue in front of the John Glenn Middle School.
On May 20, 2003, the City Council approved the grant application for a California
Department of Transportation (Caltrans) Safe Routes to School (SR2S) grant to
install a new traffic signal on Dune Palms Road and Desert Crest Drive and to
install a pedestrian activated crosswalk on Miles Avenue in front of the John Glenn
Middle School.
On November 21, 2003, the City was notified by Caltrans that the project was
approved and SR2S grant funding was available in the amount of $244,800.
On April 6, 2004, the City Council approved a Professional Services Agreement
(PSA), in the amount of $21,000, with David Evans and Associates, Inc. to prepare
the PS&E of probable construction costs for the Fiscal Year 2003/2004 Traffic
Signal Improvement Program, Project No. 2003-15.
The City of La Quinta/State Master Agreement 08-5433 provides the overall
parameters for any State or Federal Funding received from Caltrans. A separate
supplemental agreement is adopted for each funding source granted to a specific
project. Program Supplemental Agreement STPLHSR 5433 (005) specifically
provides for up 88.53% of Surface Transportation Program (STP) funds toward
eligible engineering costs associated with the City's Fiscal Year 2003/2004 Traffic
Signal Improvement Program.
In addition to the City's execution of the original agreement, the City Clerk will be
required to provide a certified "Minute Order" that clearly identifies the project and
the official authorized to execute the agreement.
S:\CityMgr\STAFF REPORTS ONLY\7-6-04\C 8 2003-15.doc
2 log
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Authorize the City Manager to execute Agency -State Agreement STPLHSR
5433 (005) for the engineering phase of Project No. 2003-15, Fiscal Year
2003/2004 Traffic Signal Improvement Program; or
2. Do not authorize the City Manager to execute Agency -State Agreement
STPLHSR 5433 (005) for the engineering phase of Project No. 2003-15,
Fiscal Year 2003/2004 Traffic Signal Improvement Program; or
3. Provide staff with alternative direction.
Respectfully submitted,
T thy R. J ssor P.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Supplemental Agreement No. STPLHSR 5433 (005)
S:\CityMgr\STAFF REPORTS ONLY\7-6-04\C 8 2003-15.doc 3 130
PROGRAM SuPPLzMzNT NO. M005
to
ADMINISTERING AGENCY -STATE AGR88l�1T
FOR FEDERAL -AID PROJECTS NO. 08-5433
ATTACHMENT 1
Date : May 21, 2004
Location: 08-RIV-0-LQNT
Project Number: STPLHSR-5433(005)
E.A. Number: 08-924759
This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 05/05/97 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article -I of the aforementioned Master Agreement under authority of Resolution No.
approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted.
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on
the following pages.
PROJECT LOCATION:
Intersection of Dune Palms Road and Desert Crest Drive and on Miles Avenue
TYPE OF WORK: Pedestrian -activated crosswalk and traffic signal
LENGTH: 0.1 (MILES)
Estimated Cost
Federal Funds
Matching Funds
$21,300.00
SRAO $19,170.00
LOCAL
$2,130.00
$0.00
OTHER
$0.00
CITY OF LA QUINTA
$Y
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
Sy
Chief, Office of Project Implementatic
Division of Local Assistance
Date
2 hereby certify upon my personal knowledge that budgeted funds are available for this encumbrances
Accounting Officer 6Date $19,170.00
Chapter FS
tatutes item Year Program BC Category fund Source AMOUNT
157 2003 2660-102-890 2003-2004 20.30.010.535 C 262040 892-F 19,170.00
131
Program Supplement 08-5433-M005- ISTEA 4age 1 of 4
08-RIV-0-LQNT 05/21/2004
STPLHSR-5433(005)
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project.
improvements.
2. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHNA) in the Federal -Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
4. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
5. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $300,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.2051,
Highway Planning & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (ifany)is
superceded by this covenant to conform to OMB A-133.
6. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. A copy of the award package shall also
be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS#33
Program Supplement 08-5433-MO05- I8TRA Page 2 of 4
08-RIV-0-LQNT
05/2.1/2004
STPLHSR-5433(005)
SPECIAL COVENANTS OR REMARKS
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual
and LPP 01-06.
7. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
8. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
9. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively,. from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act.. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
133
Program Supplement 08-5433-K005- ISTEA Pans 3 of 4
t1s-Riv-0-LQNT
05/21/2004
STPLHSR-5433(005)
SPECIAL COVENANTS OR REMARKS
on that date.
Pursuant to a directive from the State Controller's Office and
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Commission Comission and the Department's Accounting Office.
Program Supplement 08-5433-NO05- ISTEA
1
Pairs 4 of 4
ti
All
44
y � tisw
OF
COUNCEURDA MEETING DATE: J u I y 6, 2 0 0 4
ITEM TITLE: Ratification of a Contract with
Tresierras Construction Inc. Executed by the City
Manager for the Demolition of Certain Houses on
Jefferson Street
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Ratify the contract with Tresierras Construction Inc. (Attachment 1) in the amount
of $97, 994.
FISCAL IMPLICATIONS:
The City has an agreement with Coachella Valley Association of Governments
(CVAG) in which CVAG will pay 75% of the costs of the Phase II Jefferson Street
project. The remaining 25% of the cost will be derived from the transportation
portion of the City's Development Impact Fee (DIF).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City has obtained, or is in the process of obtaining, seventeen houses along
Jefferson Street which will be demolished in order to accommodate the street
widening project. Sixteen of the houses are already vacant and, as such, have the
potential of becoming an attractive nuisance. Demolishing the structures as quickly
as possible will mitigate the problem. The La Quinta Municipal Code allows the
City Manager to execute contracts by the most expeditious manner when time is of
the essence, as long as the contract (if it exceeds $25, 000) is ratified by the City
Council.
Staff solicited bids for the demolition of the next six houses, (five houses have
already been demolished) and received the following proposals:
Emery Land Clearing $ 106,200
Tresierras Construction $97,994
The City Manager awarded the contract to Tresierras Construction on June 21,
2004. A copy of the agreement is included as Attachment 1.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Ratify the contract with Tresierras Construction Inc. in the amount of
$ 97, 994; or
2. Do not ratify the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung, Building a d Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Contract
2
ATTACHMENT 1
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred
to as "City," and Tresierras Construction., herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and ' services for
Project No. 2000-19B, Demolition of Six Existing Homes at 46-055, 46-425 46-170, 46-280, 46- 450, 46480
Jefferson Street, APN No's. 649-071-009, 649-071-019, 649-090-001, 649-090-004, 649-090-008, 649-090-009 in
the City of La Quinta, California pursuant to the Invitation to Bid, dated 6/3/2004 , the project Specifications, and
Contractor's Bid, dated 6110/2004, all of which documents shall be considered a part hereof as though frilly set
herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be
controlling, in that order of precedence. The time frame for construction work shall be in accordance with that
specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quints Municipal Code, which are,
as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall -commence work after the issuance of a written Notice to Proceed and agrees to
have all work completed within the specified 30 consecutive calendar days completion trine period
5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration NINETY
SEVEN THOUSAND, NINE HUNDRED AND NINETY FOUR DOLLARS ($97,994.00� All payments shall
be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures
provided in the Specifications.
6. ' The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages,
as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,
to any workman employed for the work to be performed under this contract and the Contractor shall forfeit as a
penalty to the City the sum of TwentyFive Dollars ($25.00) for each calendar day, or fraction thereof for such
workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Contractor shall defend, indemnify and hold harmless the City, its officers, employees,
representatives and agents ("Indemnified Parties"), from and against those , actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for
damage to property (including property owned by City) and for errors and omissions committed by Consultant, its
officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except
to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the
event the Indemnified Parties are made a party to. any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Consultant shall provide a defense to the Indemnified. Parties, or at the City's option,
reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of
such claim. In addition, Consultant shall be obligated to promptly pay any final judgment .or portion thereof
rendered against the Indemnified Parties.
Agreement
3
8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of -the kinds and in the amounts provided in said Specifications.
This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums
thereon shall be promptly paid by it. Each. policy shall further state that it cannot be canceled without 30 days
unconditional written notice to the City and shall name the City as an additional insured Contractor shall furnish
evidence of having in effect, . and shall maintain, Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws .of the State of California. Failure to maintain the required amounts and types of coverage throughout the
duration of this Contract shall constitute a material breach of this Contract.
9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work
herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted
to work at other than a rate of pay. provided by law for more than 8 hours in any one calendar day and 40 hours in
any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of
California
10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not. deny
the right of any individual to seek, obtain and hold employment without d. on because of race, religious
creed, color, national origin, ancestry, physic al.handicap, medical condition, marital status, sex or age as provided in
the' California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a
finding. by the State Fair Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to
City S50o.00 liquidated damages for each such breach committed under this contract.
11. Contractor .also agrees that for contracts in excess of $30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the .craft involved (Sections 1777.5 and 1777.6, Labor Code of California).
Contractors who willfully fail to comply will be denied the* right to bid on public projects for a period of six months
in addition to other penalties provided by law.
12. This Contract shall not be assignable by Contractor without the written consent of City.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
14. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
15. Contractor certifies that it is the holder of any necessary California State Contractor" s License and
-authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it. is .receiving all
money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
17. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract
18. The Contractor shall maintain all such records in the City of La Quints If not, the Contractor
shall, upon request,. promptly.deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional
(out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
Agreement
138
4
19. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF LA QUINTA,
a California municipal corporation
Dated:
APPROVED AS TO FORM:
City Attorney.
Dated:
Dated:
Agreement
By
Thomas P. Genovese, City Manager
Dated:
"CONTRACTOR"
By:
Name:
Title:
By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
1�9
M
4 x4p aums
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Acceptance of Project No. 2002-05, La
Fonda Street Improvements
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR: �Q
STUDY SESSION:
PUBLIC HEARING:
Accept Project No. 2002-05, La Fonda Street Improvements and authorize the City
Clerk to file a notice of completion with the Riverside County Recorders Office.
FISCAL IMPLICATIONS:
This project is part of the approved Fiscal Year 2002/2003 Capital Improvement
Program (CIP). The following represents the approved project budget amounts and
category of expenditure. One hundred percent (100%) of funding for this project is
provided by the Redevelopment Agency Project Area No. 1 (Account No. 401-
0000-391.00-00).
Expenditure Category
City Administration
Engineering
Construction
Inspection/Testing/Survey
TOTAL BUDGET:
Approved Budget
$ 48,17 3.00
$ 75,238.00
$821,605.00
$ 72,787.00
$1,017,803.00
The following table illustrates project construction contract expenditures and net
total expenditures:
CONTRACT ITEM
Base Bid
Add Alternative No. 1
Add Alternative No. 2
Total Contract Award
Contract Change Order No. 1
Revised Contract Amount
AMOUNT
$ 413,400.00
$ 193,691.00
$ 30, 200.00
$ 637, 291.00
$12,168.15
$649,459.15
140
T:\PWDEPT\COUNCIL\2004\07-06-04\C 14 Accept 2002-05 La Fonda.doc
As illustrated adequate funding is available to accept this project.
CHARTER CITY IMPLICATIONS:
There are no Charter City implications associated with final acceptance.
BACKGROUND AND OVERVIEW:
A streetscape theme had previously been established for the Village Commercial
District, and was implemented to construct the street amenities on Calle Estado. In
2002, the City installed some of the prototypical street improvements on Avenida
La Fonda, which included underground electrical conduit for 19 future light poles.
For safety reasons, street lighting was substantially installed at a previous date
prior to the award of Project No. 2002-05 to Cora Constructors, Inc. and therefore
was not included in the scope of work awarded as La Fonda Street Improvements.
On September 16, 2003, the City Council awarded a contract to construct
improvements within Project No. 2002-05, Avenida La Fonda Street Improvements.
The bid was submitted by Cora Constructors in the amount of $637,291.00. The
awarded contract amount included the scope of work within the Base Bid Area plus
Additive Alternates 1 and 2. Additive Alternate No. 1 included street and parkway
hardscape and landscape improvements to the south side of Avenida La Fonda. As
provided for in a separate reimbursement agreement with the retail/commercial
developer of "Old Town" north side La Fonda parkway improvements would be
installed on a concurrent schedule by the Developer and therefore were not
included in the scope of Project No. 2002-05. Additive Alternate No. 2 added
minor Calle Estado enhancements, which included the installation of additional
benches at both water feature areas, revised surface treatment of the west end
fountain and the installation of four precast concrete tables.
This project contract allowed for 90 consecutive calendar days in which to perform
the awarded scope of work. A Notice to Proceed was issued to the Contractor
specifying October 6, 2003, as the first contract day. The original contract
completion date was January 3, 2004. Due to Contract Change Order No. .1, an
additional 14 calendar days were added to the contract time. Therefore, the
revised contract completion date is January 17, 2004. The Contractor completed
the installation of all physical enhancements and the City took beneficial use on
January 17, 2004. According to the terms of the contract, the Contractor has
satisfied all terms and conditions of the contract.
T:\PWDEPT\COUNCIL\2004\07-06-04\C 14 Accept 2002-05 La Fonda.doc 2 1 1 1
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept Project No. 2002-05, La Fonda Street Improvements; and authorize
the City Clerk to file a notice of completion with the Riverside County
Recorders Office; or
2. Do not accept Project No. 2002-05, La Fonda Street Improvements; and do
not authorize the City Clerk to file a notice of completion with the Riverside
County Recorders Office; or
3. Provide staff with alternative direction.
Respectfully submitted,
r- /�� � X-1 1 4. --;�7
X'4- 41
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
P4 7✓
Approved for submission by:
Thomas P. Genovese, City Manager
T:\PWDEPT\COUNCIL\2004\07-06-04\C 14 Accept 2002-05 La Fonda.doc 3
1 �,�
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Consideration of Renaming a Portion of
the Bear Creek Bike Trail in Memory of Fred Wolff
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve renaming a portion of the Bear Creek Bike Trail between Calle Ensenada
and Calle Chillion in memory of Fred Wolff.
FISCAL IMPLICATIONS:
There will be a cost associated with placing a plaque or plaques along the bike trail
in memory of Mr. Wolff. The type of plaque or setting has not been determined at
this time, therefore an actual cost has not been determined. Should the City
Council direct staff to place a plaque or plaques along the trail, the Quimby account
could be used to fund the plaques and installation.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
At the June 1, 2004 City Council meeting, under Council Member Items, the City
Council discussed naming a portion of the Bear Creek Bike Trail after Fred Wolff,
the City's first mayor (see excerpt of Minutes, as provided in Attachment 1).
The Community Services Commission considered this item at the June 14, 2004
Community Services Commission meeting. The Commission is recommending the
portion of the Bear Creek Bike Trail between Calle Ensenada and Calle Chillion be
named in memory of Fred Wolff. The proposed section of trail is located at the rear
of the Wolff's resident and continues south to the next entrance to the trail at Calle
Chillion.
Mrs. Wolff stated that if the City feels inclined to put a plaque or plaques up
recognizing this portion of the trail in memory of Mr. Wolff, she would recommend
a vandal -proof sign.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve renaming a portion of the Bear Creek Bike Trail between Calle
Ensenada and Calle Chillion in memory of Fred Wolff and direct staff to place
one or more plaques along the trail; or
2. Do not approve renaming a portion of the Bear Creek Bike Trail between Calle
Ensenada and Calle Chillion in memory of Fred Wolff; or
3. Provide staff with alternative direction.
Respectfully submitted,
M')':IIRR m2m
0.. MONTH
Attachment:
munity Services Director
Approve for submissio y:
Thomas P. Genovese, City Manager
1. Minutes from the June 1, 2004 City Council Meeting
City Council Minutes 13 June 1, 2004
ATTACHMENT 1
' Way signs will work better if a truck apron is installed, and voiced liability
concerns about changing the wording on the signs.
3. DISCUSSION REGARDING SUITABLE RECOGNITION FOR LA QUINTA'S
FIRST MAYOR FRED-WOLFF.
Mayor Adolph stated he has received three requests. to find a suitable
recognition . for Past Mayor Fred Wolff who recently passed away. The
suggestions received are the current Post Office, the pool at. Fritz Burns Park,
or a section of the Bear Creek Bike Path.
After a brief discussion, Council concurred to direct staff to look at naming a
portion of the Bear Creek Bike Path. near Fred Wolff's home after him.
Council recessed to the Redevelopment Agency meeting.
Council reconvened and recessed to the Financing Authority.
Council reconvened and recessed to Closed Session, as delineated on Page 1, to
and until 7:00 P.M.
7:00 P.-M.
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING BETWEEN .THE LA QUINTA CITY COUNCIL AND
REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF: 1) A
RESOLUTION OF THE CITY COUNCIL APPROVING A LOAN BETWEEN THE
REDEVELOPMENT AGENCY AND THE FINANCING AUTHORITY; AND 2) A
RESOLUTION OF THE REDEVELOPMENT AGENCY APPROVING THE
ISSUANCE OF ITS FIRST SUPPLEMENTAL LOAN AGREEMENT, ESCROW
DEPOSIT AND TRUST AGREEMENT, OFFICIAL STATEMENT, PURCHASE
CONTRACT, AUTHORIZING THE EXECUTIVE DIRECTOR TO SET THE FINAL
TERMS OF THE _APPROVAL OF THE AGENCY LOAN, APPROVING THE
PAYMENT OF COSTS OF ISSUING THE AGENCY LOAN AND MAKING
CERTAIN DETERMINATIONS RELATING THERETO.
Finance Director Falconer presented the staff report.
Iqrw, I i #,
02 M112 E::z
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Consideration of Naming the 19-Acre
Park Site on Avenida Montezuma the "Bear Creek
Nature Preserve"
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None for this action.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION: a"
CONSENT CALENDAR
STUDY SESSION:
PUBLIC HEARING:
The City Council approved the purchase of 19 acres of land zoned as Open Space
as part of the General Plan at the June 19, 2003 City Council meeting. Due to
numerous owners of the property, the title clearance resulted in a lengthy escrow.
However, the process is now complete and the City owns the 19 acres located
west of Montezuma Avenue, between Ensenada and Chillion. A park site map is
provided as Attachment 1.
The Community Services Commission hosted a meeting on December 8, 2003
requesting public input as to what amenities should be included at the park site.
Flyers were distributed to the COVE Neighborhood Association and an
announcement was printed in the December 2003 GEM.
The Commission also provided park naming forms at the December 8, 2003
Community Services Commission meeting. Attachments 2 are the forms that were
submitted by the public regarding a possible name for the park site.
1�6
At the December 8, 2003 Community Services Commission meeting, the majority
of the public responses expressed a desire to keep the park site as natural as
possible . An excerpt of the minutes is provided as Attachment 3.
After some discussion at the June 14, 2004 Community Services Commission
meeting, the Commission is recommending that the name "Bear Creek Nature
Preserve" be considered by City Council for this park site. The Commission is
recommending preservation of the area as an open space area for the future.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the name "Bear Creek Nature Preserve" for the 19-acre park site on
Avenida Montezuma; or
2. Do not approve the name "Bear Creek Nature Preserve" for the 19-acre park
site on Avenida Montezuma; or
3. Provide staff with alternative direction.
Respectfully submitted,
r'l)"" - 6 ----
Dodie Horvitz, Community Services Dir r
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Map of the Park Site
2. Park Naming Submittal Forms
3. Minutes from the December 8, 2003 Community Services
Commission Meeting
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ATTACHMENT 2
PARK NAMING SUBMITTAL FORM
Thank you for your time and consideration in providing your comments.. Please follow the criteria
for the Park Naming Process on back side.. jf you have any questions, please contact the
Community Services Department at 777-7090.
LOCATION OF EXISTING PARK SITE:
PROPOSED. NAME FOR DESIGNATED PARK SITE:
NAME OF INDIVIDUAL OR ORGANIZATIONMAKING REQUEST:.
MAILING ADDRESS.
CITY/STATE/ZIP CODE:
DAYTIME PHONE: _ -7FAX #:
E-M
AIL AIL ADDRESS: 8,9,6 k1,C-coefcf- �
EXPLANATION OF PARK NAME BASED ON CRITERIA:
zl� If
4 Ili , id- M
Return completed forms to:
City of La Quinta
Community Services °Department
78-495 Calle Tampico
PO Box. 1504
La Quinta, CA 92253
Thank you for your suggestionl
v:\MyDatavciusTnL\Doc\DOC•008•wpd
PARK NAMING SUBMITTAL FORM
Thank you for your time and consideration in providing your comments. Please follow the criteria
for the Park Naming Process on back side. If you have any questions, please contact the
Community Services Department at 777-7090.
LOCATION OF EXISTING PARK SITE:
PROPOSED NAME FOR DESIGNATED PARK SITE.:
NAME
OF INDIVIDUAL OR ORGANIZATION MAKING REQUEST:
MAILING ADDRESS:
CITY/STATE/ZIP .CODE:
DAYTIME PHONE:
E-MAIL ADDRESS:
EXPLANATION OF PARK NAME BASED ON CRITERIA:
Return completed :`forms to:
City of La Quints
Community Services Department
78=495 Calle Tampico
PO Box 15.04
La Quinta, CA 92253
Thank you for your suggestion!
G.\MyNft\f_RISTAL\rW\WC.008.wpd 6
PARK NAMING SUBMITTAL FORM
Thank you for your time and consideration in providing your comments. Please follow the criteria
y If you have any questions, please contact the
for the Park Naming .Process on back side.. .
Community Services Department at 777-7090.
LOCATION OF EXISTING PARK SITE:
,r �Q �
PROPOSED NAME FOR DESIGNATED .PARK SITE: Bea Lo4- Ppe-f
NAME OF INDIVIDUAL OR ORGANIZATION MAKING REQUEST: d
MAILING ADDRESS: .
CITY/S TATE/Z1P CODE:
DAYTIME PHONE: 52& y"
E-MAIL ADDRESS: e
EXPLANATION OF PARK NAME BASED ON CRITERIA:_
FAX #:v C1---� S�
Return completed forms to:
City of La Quinta
Community- Services Department
78495 Calle Tampico
PO Box 1504
La Quinta, CA 92255
Thank you for your suggestion!
G.\MyData\CRISTAL\Doc\DOC.008.wpd
PARK NAMING SUBMITTAL FORM,
Thank you for your time and consideration in providing your comments. Please follow the criteria
for the Park Naming Process on.back side. If you have any questions, please contact the
Community Services Department at 777-7090.
L OCA TiON OF EXISTING PARK SITE:
E FOR DESIGNATED PARK SITE:
PROPOSED NAM.
NAME OF . INDIVIDUAL OR ORGANIZATION MAKING -REQUEST:
MAILING ADDRESS: S-3 _-)2qK
CITY/STATE/ZIPCODE:
DAYTIME PHONE:
5- Lt q
L)
FAX #:
E-MAIL ADDRESS:
e-
EXPLANATION OF PARK NAME BASED ON CRITERIA.:-
Return comoleted f6this to:
City of La Quinta
Community' Services Department
787496 Calle Tarripido
PO Box 1504
La,Quinta,, CA 92253
j
Thank you for your. suggestion!
0-\MyData\CfUSTAL\I)oc\])OC.008.vipd
PARK NAMING. SUBMITTAL. FORM
Thank you for your time ,and consideration in providing your comments. Please follow the criteria
for the Park Naming Process on back side. if you have any questions, please contact the
Community Services Department at,777-7090.
LOCATION. OF EXIST
ING PARK SITE.. "(
PROPOSED NAME FOR DESIGNATED PARK SITE. 142-a./' 4fte4e4�Z IV46:�jf
OF INDIVIDUAL OR ORGANIZATIO MAKING REQU
EST:
NAME .
4a Qk; Aq. Ccve-. A) t X oft E00 �.5�v�r' ��'l 4- i 71�5 - 40 �'� •
MAILING ADDRESS:
CITY/STATE/ZIP COD
E:
�-
DAYTIME PHONE.• FAX #•
E-
MAIL ADDRESS.
EXPLANATION OF PARK NAME BASED ON CRITERIA:
e-lap— OJ�� 7%2�-
Return completed forms to:
City of La Quinta
Community Services Department
78-495 Calle Tampico
PO Box 1504
La Quinta, CA 92263
Thank you for your suggestion!
C
()-\MyDatA=TAL\Doc\D0C.008.wpd
ATTACHMENT C
PARK NAMING SUBMITTAL FORM
Thank you for your time and consideration in providing your comments. Please follow the criteria
for the Park Naming Process on back side.. If you have any questions, please contact the
Community Services Department at 777-7090.
LOCATION OF EXISTING PARK SITE: ODyn ��na rp - U of-M6-nor »a -
PROPOSED NAME FOR DESIGNATED PARK SITE: &ar Ue-eu-
NAME OF INDIVIDUAL OR ORGANIZATION` MAKING REQUEST: &b � .DjnijgLcAn,hP
CITY/STATE/ZIP CODE.: .92253
DAYTIME PHONE: ( -� bo) �� - 251; FAX #: (�c o� -1- -j - j o 7
Wi/W SUST WMAE
Retum completed forms to:
City of La Quinta
Community Services Department
78-495 Celle Tampico
PO Box 1.504
La Quinta, CA 92253
Thank you for -your suggestion)
G.\MyData\CWSTAL\D=\D0C.008.wpd
ATTACHMENT 3
Community Services Commission December 8, 2003
Minutes Page 2
VI. BUSINESS ITEMS
A. Montezuma Park Amenities
Director Horvitz provided background information on the recently purchased
19-acre parcel of land zoned as open space located west of Montezuma
Avenue, between Ensenada and Chillion which currently has the identifying
title of "Montezuma Park". Park naming forms were made available to solicit
possible names for the property to be submitted to the City Council for
consideration.
The following La Quinta residents commented in favor of keeping the
Montezuma Park site in its natural state: Kay Wolff, Mercedes Courterz,
Eugene Caswell, Katie Barrows, Joe Broido, Fred Wilson and Donald Hahn. In
addition, staff received two email letters in favor of keeping the area as it is
from Carolyn and Dennis Schue and Gayle and John Lindfield.
Residents also discussed the need for more frequent police patrols in the
area and the construction of a rock barrier to prevent vehicle access to the
area.
Commissioner Calhoun thanked all citizens present for attending and for
sharing their comments. He also expressed his appreciation to Council
Member Stanley Sniff for taking the time to attend the meeting to hear the
opinions of the residents. He also commented that he liked the idea of a
barrier to vehicle traffic made of natural materials. He recommended that
the parcel be left in its natural state and felt that any signage in the area
should be minimal. In answer to his inquiry concerning a budget for this
project, staff responded that
Commissioner Cross commented that he agreed with Commissioner Calhoun
and all the citizen comments regarding the parcel, and expressed his concern
about non-native plantings_.in the area.
Chairperson St. Johns commented that she was a resident of the area, and
agrees with her neighbors about leaving the area in its natural state. She
sought clarification from staff concerning City staff access to the area for
maintenance. She also inquired about the idea for a conservancy for the
area. Staff will obtain further information on the details of this issue.
Community Services Commission
Minutes
December 8, 2003
Paae 3
It was moved by Commissioners Calhoun/Cross to recommend that the
parcel now known as Montezuma Park be kept in its natural state and have
staff investigate the cost of adding boulders to prevent vehicle access,
investigate the issue of minimum signage for the area and also investigate
the conservancy issue and report back at a future meeting. Unanimous.
VI1. CORRESPONDENCE AND WRITTEN MATERIALS
A. Interactive Water Feature
Director Horvitz informed Commissioners that staff has met with David
Voltz, designer of the interactive water feature for La Quinta Park. The
plans for the feature will come back to the Community Services Commission
at the January 2004 meeting.
VIII. COMMISSIONER ITEMS
Chairperson St. Johns thanked the public for their attendance and input
regarding the park site.
She also thanked Commissioner Calhoun and his wife for their wonderful job on
"Santa" duties at the City's December 5th tree lighting ceremony.
IX. ADJOURNMENT
It was moved by Commissioners Calhoun/Cross to adjourn the Community
Services Commission meeting at 7:40 PM. Unanimous.
NEXT MEETING INFORMATION
Monday, January 12, 2003 @7:00 PM
La Quinta City Hall Study Session Room
Submitted by:
Hally Savio, Community Services Secretary
12
V
r
;ems' tv[ �JIu7m
OF
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Consideration of Site
Development Permit 2004-809,
Development Plans for 250 Resort
Residential Condominium Units, a
Restaurant/Clubhouse and Other Minor
Ancillary Facilities, to be Located at the
Northwest Corner of Avenue 52 and
Jefferson Street. Applicant: Watermark
Villas L.Q.
RECOMMENDATION
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving Site Development Permit 2004-
809, development plans for 250 residential condominium units, a
restaurant/clubhouse and other minor ancillary facilities, to be located at the
northwest corner of Avenue 52 and Jefferson Street.
FISCAL IMPLICATIONS
None.
CHARTER CITY IMPLICATIONS
None.
BACKGROUND AND OVERVIEW
Specific Plan 2003-069 and Tentative Tract 31798 were approved by the City
Council on January 6, 2004. This approval granted conceptual site plan approval
for 250 resort residential condominiums on approximately 21 acres (Attachment 1).
These approvals also permitted a clubhouse restaurant on a ± 0.4 acre site, at the
immediate corner of Jefferson Street and Avenue 52. Conditions were placed on
the project as part of the Specific Plan and Tentative Tract Map approvals;
15 3
specifically, Condition No. 8 of Resolution 2004-005, which requires City Council
review and approval of the Site Development Permit.
The City previously certified Environmental Assessment 2003-486, in conjunction
with approval of the Specific Plan for the project. The Community Development
Department has determined no changed circumstances or conditions are proposed
which would require the preparation of any subsequent environmental documents,
pursuant to Section 15162 of the Guidelines for Implementation of the California
Environmental Quality Act.
This proposal incorporates all development elements of the approved Specific Plan
for the Watermark Villas project. The illustrations (Attachment 2) represent the
typical floor plans and elevations of the units and buildings. These elements are
described as follows:
1. Building footprint/elevations for 31 two-story, eight -unit structures (typical
design) - Each structure shall be the same design, with an area footprint of
4,780 s.f. (first floor). The total floor area of both stories is 8,940 s.f. Each
building will have a 5,800 s.f. underground parking area with 17 spaces. The
total height of each building will be 28 feet. There will be one 16-foot high,
single -story duplex structure (Site 28) along Jefferson Street. There are four
different unit plans, as Fisted below:
• Unit A: 1 BR, 880 s.f. - 62 units, all on 2"d floor;
• Unit B: 2 BR, 1,000 s.f. - 36 units, all on 1' floor;
• Unit B ALT: 1 BR + den, 1,000 s.f. - 26 units, all on 1' floor;
• Unit C: 2 BR + den, 1,200 s.f. - 62 units, all on 2"d floor; and
• Unit D: 2 BR + den, 1,390 s.f. - 64 units, all on 1st floor.
2. Building footprint/elevations for the recreation building located on the
project's southeast corner, at Jefferson Street and Avenue 52 - This is a
three -level structure with an underground cart barn (9,800 s.f.), a 10,000
s.f. resident gym on the second level (first floor), and a 6,000 s.f. restaurant,
with an additional t 4,000 s.f. outdoor patio dining area, on the third level
(second floor) .
3. Building footprint/elevations for the following ancillary buildings:
• A two-story, 4,100 s.f. association office/convenience store, with a
height of 24 feet;
• A one-story, 740 s.f. maintenance building, with a height of 13' 4
and
• A one-story, 270 s.f. entry guard shelter, with a height of 16 feet.
The general architectural theme reflects a Mediterranean villa influence, and is
consistent throughout the design of all buildings proposed for this development.
Materials consist of terra cotta roof tile, stucco exterior wall and trim covering in
2
earth tones, and door and window frames in a medium green color as an accent.
The tallest buildings are the eight -unit structures, at 28 feet, which is the maximum
permitted height under the RMH zoning:
In regard to landscaping, the landscape concept (Attachment 3) centers on the
retention of the existing date palms and their integration into the site design. Most
will be left in place, while those to be relocated will be placed in common areas and
around the residential buildings. The plan incorporates the use of Citrus trees
around the project perimeter areas, particularly at the north and west boundaries
shared with the Citrus Country Club. Additional tree species to be used in the
project are Chilean Mesquite, Evergreen Elm, California Pepper and Tipuana. An
assortment of vine, shrub and groundcover species will also be used within the infill
areas of the project.
Planning Commission Review
On June 22, 2004, a public hearing was held to review the development
application. After taking public testimony, the Planning Commission adopted
Resolution 2004-37, approving the project subject to findings and conditions..
Architecture and Landscape Review Committee
The Architecture and Landscape Review Committee (ALRC) reviewed this request
at its meeting of June 2, 2004, and adopted Minute Motion 2004-021,
recommending approval of the proposed project. The ALRC did not include any
conditions with their recommendation.
Public Agency Review
A copy of this request has been sent to all applicable public agencies and City
Departments. All written comments received are on file with the Community
Development Department. Applicable comments received have been included in the
recommended Conditions of Approval.
Issues
1. Specific Plan Consistency — The project layout, design, and component
elements are in compliance with the approved Specific Plan. As the plan did
not contain specific design and development details for the units and
ancillary buildings, site development review was required for these elements
against the provisions and rights associated with the Specific Plan approval
and the Zoning Ordinance.
2. Zoning Code Requirements — All proposed buildings are within the height
limits specified under the Zoning Code, including the clubhouse building
which is limited to 22 feet in height due to its proximity to the image
corridors. The Watermark Villas Specific Plan does not designate the size of
K,
the individual units. Under the Zoning Code for the RMH district, the
minimum unit size is 1,400 s.f., with a 750 s.f. minimum for multi -family
units. Since these units are multi -family in nature, and the smallest proposed
unit is 880 sq. ft, they meet the minimum unit size of 750 s.f., as permitted
in the district.
3. Parking — Each building will provide below -grade parking for 17 cars, for a
total of 527 covered spaces and 81 uncovered. Based on the unit mix of 88
one -bedroom and 162 two -bedroom units, 430 covered spaces and 125
guest spaces are required for airspace condominium or apartment units. The
clubhouse restaurant dining areas total 5,850 s.f., requiring 78 parking
spaces. The plan provides 44 spaces at the clubhouse area, and Planning
Commission recommends that an additional 34 spaces be located along the
access road to the clubhouse and adjacent to the existing provided spaces.
4. Citrus Course concerns — During the review of the Specific Plan and
Tentative Tract Map applications, the City Council indicated that certain
provisions, as presented by the Citrus homeowners, were to be considered
during the Site Development Permit process. These stipulations are
contained in letters dated December 10, 2003 and June 21, 2004
(Attachments 4 & 5). Review of the site landscaping provisions at the west
and north boundaries of the project reveal that the concerns of the residents
have been incorporated into the project. Conditions have been incorporated
to include the provisions letters (i.e. tree size, berms, landscaping and wall
design), which will address the concerns expressed by the Citrus
homeowners related to privacy. Note that the applicant has agreed to the
requests of the neighboring residents. Any agreements by the developer
pertaining to improvements to be done on Citrus course property are
exclusively between those two parties and have not been incorporated into
the Conditions of Approval.
5. Existing Approved Conditions — This site development application is required
to review the building design aspects of the project, which were not set forth
in. the Specific Plan. As such, it relates only to design review elements of
the architecture and site landscaping. Technical review for street
improvement requirements, dedications, drainage control, etc., was
completed as part of the Specific Plan and Tract Map applications, approved
in January 2004. These prior conditions are incorporated by reference in the
conditions prepared for this application, in order to maintain continuity and
eliminate redundancies.
The complete development plan packet is provided to the City Council only for their
review, as Attachment 6. These plans are also available at the Community
Development Department.
FINDINGS AND ALTERNATIVES:
As required by Section 9.210.010 (Site Development Permits) of the Zoning Code,
161
4
all findings needed to approve this request can be met as noted in the attached
Resolution.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving of Site Development Permit
2004-809, development plans for 250 residential condominium units, a
restaurant/clubhouse and other minor ancillary facilities as conceptually
approved under specific plan 2003-069, to be located at the northwest
corner of Avenue 52 and Jefferson Street; or
2. Do not adopt a Resolution of the City Council approving of Site Development
Permit 2004-809, development plans for a 250 residential condominium
units, a restaurant/clubhouse and other minor ancillary facilities as
conceptually approved under specific plan 2003-069, to be located at the
northwest corner of Avenue 52 and Jefferson Street; or
3. Provide staff with alternative direction.
Respectfully submitted,
.. ....-...,
unity Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1.
Proposed Site Plan
2.
Proposed Building Plans/Elevations
3.
Project Landscape Plan
4.
Citrus Course Homeowner's Association letter
dated 12/10/03
5.
Citrus Course Homeowner's Association letter
dated 6/21 /04
6.
Development Plans (City Council only)
5
CITY COUNCIL RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF
DEVELOPMENT PLANS FOR 250 RESORT RESIDENTIAL
CONDOMINIUM UNITS, A ± 28,800 SQUARE FOOT
CLUBHOUSE/RESTAURANT COMPLEX, AND OTHER
ANCILLARY USES
CASE NO: SITE DEVELOPMENT PERMIT 2004-809
WATERMARK VILLAS LQ, L.L.C.
WHEREAS, the City Council of the City of La Quinta, California, did on
the 6th day of July, 2004, hold a duly -noticed Public Meeting to consider Site
Development Permit 2004-809, for 250 resort residential condominium units and a
± 28,800 square -foot clubhouse and restaurant complex on a ± 21 gross acre site,
located at the northwest corner of Avenue 52 and Jefferson Street, more
particularly described as:
LOT 47 of TR 24889, BOOK 210, PAGES 38 THROUGH 52, RECORDS OF
RIVERSIDE COUNTY
WHEREAS, the Planning Commission of the City of , La Quinta,
California, did on the 22"d day of June, 2004, hold a duly -noticed Public Hearing to
consider Site Development Permit 2004-809, for 250 resort residential
condominium units and a ± 28,800 square -foot clubhouse and restaurant complex
on a ± 21 gross acre site; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the
Planning Commission adopted Resolution 2004-37 approving said Site
Development Permit; and
WHEREAS, said Site Development Permit application 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 Department has determined that no changed circumstances or
conditions are proposed from those evaluated under the previously certified
Environmental Assessment 2003-486, which would require the preparation of any
subsequent environmental documents, pursuant to Section 15162 of the Guidelines
for implementation of the California Environmental Quality Act; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the
163
City Council 2004-
Site Development Permit 2004 — 809
Watermark Villas
Adopted:
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the
Planning Commission did make the following mandatory findings to justify approval
of said Site Development Permit:
1. The proposed Site Development Permit is consistent with the La Quinta
General Plan and the Watermark Villas Specific Plan (SP 2003-069), as it will
not be developed in any manner inconsistent with the General Plan land use
designation of Medium High Density Residential and other development
standards established by the Specific Plan.
2. The proposed Site Development Permit is consistent with the La Quinta
Zoning Code, as the project contemplates land uses that are equivalent to
those permitted under existing zoning of permitted uses. Specifically,
development of existing Medium High Density land use is considered to
implement zoning consistency with the General Plan, and the project
approval as previously granted under the Watermark Villas Specific Plan.
3. The proposed Site Development Permit complies with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970"
as amended (City Council Resolution 83-63), as it has been determined that
no changed circumstances or conditions are proposed from those evaluated
under the previously certified Environmental Assessment 2003-486, which
would require the preparation of any subsequent environmental documents.
4. The architectural and site design aspects of the proposed Site Development
Permit will be compatible with and not detrimental to surrounding
development in the surrounding area, and with the overall design quality
prevalent in the City.
5. The project landscaping for the proposed Site Development Permit has been
designed to unify and enhance visual continuity of the proposed project with
the surrounding development.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
1. That the above recitations and the findings of the Planning Commission are
true and constitute the findings of the City Council in this case;
City Council 2004-
Site Development Permit 2004 — 809
Watermark Villas
Adopted:
2. That it does hereby approve Site Development Permit 2004-809 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 the 6th day of July, 2004, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
165
CITY COUNCIL RESOLUTION 2004-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOOPMENT PERMIT 2004-809
ROBERT SELAN - WATERMARK VILLAS
JULY 6, 2004
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Site
Development Permit. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. The applicant shall comply with all applicable conditions and/or mitigation
measures, which are incorporated by reference herein, for the following
related approvals:
• Environmental Assessment 2003-486
• Specific Plan 2003-069
• Tentative Tract Map 31798
In the event of any conflict(s) between approval conditions and/or provisions
of these approvals, the Community Development Director shall determine
precedence. No development permits will be issued until compliance with
these conditions has been achieved.
3. Prior to the issuance of any grading, construction, or building permit by the
City, the applicant shall obtain the necessary clearances and/or permits from
the following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
S:\CityMgr\STAFF REPORTS ONLY\B3 COA SDP 809.doc 00
Planning Commission Resolution No. 2004-006
Site Development Permit 2004-809 / Watermark Villas LQ, L.L.C.
Conditions of Approval - Recommended
June 22, 2004
Page 2
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvement plans for City approval.
FEES AND DEPOSITS
4. Provisions shall be made to comply with the terms and requirements of the
City's adopted Art in Public Places program in effect at the time of issuance
of building permits.
5. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
LANDSCAPING
6. Landscape plans as required under the approvals for Tract 31798 and
Specific Plan 2003-069 shall include lighting locations and details of all
proposed fixtures and mounting. Berms and walls shall be subject to review
under the City's applicable development standards in effect at the time of
plan submittal.
7. The applicant shall incorporate those measures as outlined in the letter on file
dated December 10, 2003, prepared by the Citrus Course Homeowner
Association, into the landscape plans, as appropriate. If any measure set
forth in said letter conflicts with other City requirements and/or standards,
alternative methods of compliance shall be investigated that are
commensurate with the original standards, and in the absence of any
commensurate alternative, the City standard(s) shall take precedence.
In addition, the applicant shall provide 36 inch box trees in lieu of the 24 inch
box trees indicated on the landscape plans and as requested by the Citrus
Course Homeowner Association in the letter dated June 21, 2004.
8. Landscape and irrigation plans (three copies) shall be signed and stamped by
a licensed landscape architect, or professional landscape designer, subject to
the rules and regulations of Chapter 8.13 of the Municipal Code. The
S:\CityMgr\STAFF REPORTS ONLY\B3 COA SDP 809.doc
City Council Resolution No. 2004-
Site Development Permit 2004-809 / Watermark Villas LQ, L.L.C.
Conditions of Approval - Recommended
July 6, 2004
Page 3
applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner, prior to submittal of the final plans to the
Community Development Department. Plans are not approved for
construction until signed by the Community Development Department.
BUILDING DESIGN
9. The applicant shall submit detailed building lighting plans to include exterior
fixture details. The lighting plan shall be approved by the Community
Development Department prior to issuance of any building permits.
10. Final locations of all structures submitted for plan check shall be reviewed
against and meet all setback standards of the RMH zoning district.
11. Provide covered parking for the 7 stalls immediately south of duplex unit. An
additional 34 stalls shall be located along the clubhouse access road and at
the existing stall locations. All stalls shall be designed in accordance with
Chapter 9.150 (Parking) of the LQMC, to include double hairpin striping.
12. All roof -mounted mechanical equipment must be screened within or
otherwise integral to the roof structure, using compatible architectural
materials and treatments, so as to not be visible from surrounding properties
and streets. Working drawings showing all such equipment and locations
shall be submitted to the Building and Safety Department along with
construction plan submittal for building permits. Method and design of
screening must be approved by the Community Development Department
prior to any issuance of building permits related to structures requiring such
screening.
S:\CityMgr\STAFF REPORTS ONLY\B3 COA SDP 809.doc
i
ATTACHMENT
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ATTACHMENT 2
WATERMARK VILLAS, LA QUINTA
UNIT MIX
E_.
MODEL
A
TYPE
1 BEDROOM. 1 BATH
# UNITS
62
SQ.FT.
880
B ALT.
1 BEDROOM, DEN, 2 BATHS
26
1000
B
2 BEDROOM, 2 BATH
36
1000
C
2 BEDROOM, DEN 2 BATHS
62
1200
p
2 BEDROOM. DEN, 2 8 412 BATHS
62
1390
E
DUPLEX
2
1420
TOTALS
250
UNIT MIX LISTING
oE(;EIVE
JUN 9 20M
0EPAMW#L*
BUILDING FLOOR -PLANS/ELEVATIONS
PAGES A2 - A10
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C
lIOMEOWNERS ASSOCIATION
COURSE
December 10, 2003
Mr. Tom Kirk, Commissioner'
La Quints Planning Commission
P.O. Box 1504
La Quinta, CA 91152-1504
General Plan Arnendment 03-096
Zone Change 03-117
Specific Plan 03-069 Tentative Tract Map 31798
W aterm ark Villas
ATTACHMENT 4
/ RECEIVED
or
W
...� 0P.
Dear Mr. Kirk,
I am -siting in regard to the proposed project located at the northwest cornet of Jefferson Street and
Avenue 52 known as the Watermark Villas. The Citrus -borders theproiect on snorth
o derand west sides and
naturally, OUT Community has concerns about the views from not only the homes 8 proposed
development but also from our golf course.
,r
Our Architectural Committee -has met with the developer's representatives and
hew from gene Citrus ey have generously made
the following commitments to screen their two story villas and balconies from
community and golf course:
c— - -
-' . Developer will install rows of palms as indicated oti t}ie teritalive tract map applieatnon_#31798.
Developer will construct a 5' high by 8' wide berm and or planter boxes along the entire northerly
and westerly perimeters of the Watermark Villas property and will plant mature citrus trees at no
more than 20' apart. The developer assures -us that the foliage of the trees will extend above the 6'
in creen�
high wall as indicated on the attached sketch effectively screening the villas from the Citrus
community's view. In addition, planting within the 150' site line corridor on Jefferson and:52"
Avenue to be on a case -by -case basis. There are no buildings in this site line corridor.
Developer will.provide and plant forty trees on the Citrus side of the 6' wall bordering our
communities. The trees are to be 36" box size and will be a mix of variegated Jacaranda trees (20)
and variegated (non -thorn type) Mesquite trees (20). In addition, these trees will be installed
implementing standard planting methods only, no cranes will be utilized. The Citrus Course HOA
will determine the exact location of each tree placement.
• The Citrus Course. HOA will be responsible for irrigating each of the 40 new trees planted on our
properly and maintenance will be the responsibility of the Citrus Course BOA.
Tennis Courts:
• Developer will insure that tennis court use will be limited to the hours of 7:00 AM and 9:00 PM
by including this use time in the CC&R's of the Watermark Association. The developer also
agrees that these hours will be strictly enforced.
• Lights will have an automatic timer switch that will turn off the light when not in use.
• Extra trees will be planted around the lighted area to prevent glare to the Citrus residents 'if
necessary -
Villa balcony use:
Due to the visibility of these balconies from our community- trie °ent the use of ver has illa balconieeed that s a appropriate
restrictions will be incorporated into the project's CC&k. to p
drying areas. storage areas. and a general repository for tooS. grills. tons etc-
C. $o� j2 aln Desert. C ` c 7 '2L -_ % - +'aim Desert. Californi
P. L a
FAX
_ r- *--. - v.*yrw.citTll coursL
eho2.coJ
181
024
City of La Quints
Water Mark Villas Project
Page: 2
We were also pleased to learn that the developer plans to construct a golf cart tunnel under Avenue 52 that
would allow residents from both communities access to the proposed Silver Rock Ranch project.
As the only contiguous neighbor of the Project, we request that we have the rightlo review and "sign off
on the inclusion of the above stated provisions, before the City approves their rezoning request. We further ,
request that we be notified when detailed plans and specifications have been submittede o the City fonts
the
approval, so we may have the opportunity to review these documents and make comm nts as part of
City's approval process.
If the City of La Quinta makes the above commitments a condition of
A proval, then the Citrus Course HOA will support the development of the Watermark Villas,
P
If you have any questions regarding our concerns, please call me at (760) 771-6835.
Yours truly,
Tom Morton, President
Board of Directors
Citrus Course Homeowners
Association
lop
w
cc: CCHOA Board of Directors
T. H. Gallaudet l)l, Chair, CCHOA Architectural Committee
Tom Miller, CCAM, Community Association Manager
Desert Resort Management
Matthew Hledek, Watermark Villas
18 2�)2 5
ATTACHMENT 5
�r
CRUS
COURSE, HOMEOWNERS ASSOCIATIpN
June 21, 2005
City of La Quinta
Community Development Department
78495 Calle Tampico
La Quinta, CA 92253
ATTN - Wally Nesbit
Subject. June 22, 2004 Planning Commission Public Hearing on the Site Development
Permit 2004-809--Watermark Villa L. Q. LLC, Development of Lot 47 of TR 24889
Dear Planning Commission Members:
The Citrus Course Homeowners Association (CCHOA) offers the following additional
comments pertaining to the proposed development of the Watermark Villa project. We
understand that the developer is agreeable to making the changes as noted.
Preliminary Landscape Plan
1) The 85 Citrus trees that are to be installed along the back of the development
to shield the development from the Citrus are 24" box. These are very small
:ryes and will take many years to mature. We believe they, should be at least a
36" bc%x size and should be so noted on the final Landscape plan.
2) It is our understanding from the developer that the Citrus trees are to be
planted on mounded turf. We understood that the mounding was to be at about
six feet high. There is no mounding shown on the preliminary landscape plan,
This should be corrected on the final approved plan.
3) The developer plans to move and replant most of the existing date palms.
The plan shows a significant number of these palms are to be located in the
required flood plain area near the Ave 52 side of the development. We would
dike to see more of these palms located behind the development in areas fronting
the Citrus, We will be happy to work with the developer to mark appropriate
locations on the preliminary plan.
The following comments pertain to"the developer's selection of trees and plant material
to be planted within the development. We are not requesting changes, but are offering
these comments based on our experiences in dealing with tree and plant selections
used within the Citrus.
P.O. Box 12920 Palm; .Desert, CA 92255 • 75061 Mediterranean. Suite B. Palm. Desert, California
760-346,9000 - EAX 760,346.9997 - www citruscourseboa,coir, n 2 6
183
1) Fifty --seven California Pepper trees are noted on the preliminary landscape
plan. We suggest substituting Brazilian Peppers for the California Pepper trees,
which need protection in windy areas and are very prone to breaking, blowing
down, and non -uniform growth patterns. They have been a continual
maintenance problem for u' and we are phasing them out.
2) The Tipuana Tipu trees are deciduous/semi-evergreen and may not leaf out
during the winter months. They also do not do well in the alkaline soils,.which are
characteristic of the desert.
3) The Bird of Paradise plants require shade and bum easily when exposed to
the sun -
Elevation Drawings
1) The elevation drawings do not show any detail on window tinting, Taking
artistic liberties in the drawings, we suspect by the architect, they appear to be
blue. We would oppose a blue, green, etc. tinting and urge that tinting be limited
to gray or bronze, as -used in homes at the Citrus. We understand the developer
is agreeable to our tint preference.
Tree Planting in the Citrus to Shield the Development
The developer has orally agreed to plant forty 36" box trees along Citrus Street, within
the Citrus community, to help shield the Watermark development from view. We would
like this understanding to be specified by the City as a requirement and not as an
"exclusive arrangement" between the CCHOA and the Watermark developer.
I(
Additionally, we are requesting that the City require the developer to stake, with 10 foot°
poles, the outer edges of the footprint of the 12 condo units and one tennis court .that
front the Citrus community. Having these poles will enable the CCHOA to specify
exactly where the new trees within the Citrus are to be planted.
We thank the Planning Commission for the opportunity to submit these written
comments as part of the hearing record.
Yours truly,
J
Thomas Morton, Preside
Board of Directors
The Citrus Course Homeowners Association
1Q'I
027
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!' 1Yenrai�7sn
OF
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Consideration of Street Name Change
2003-015 from Beth Circle to Norris Drive for the Area
West of Madison Street, South of Avenue 51.
Applicant: La Quinta Polo Partners, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Deny Street Name Change 2003-015 without prejudice and direct the applicant to
submit an application for any new request to change the street name in accordance
with the provisions of Chapter 14.08.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
This request was reviewed at the June 1, 2004 City Council meeting. At that
meeting, the applicant requested to withdraw the application because they wished to
change the proposed name (Attachment 1). Rather than withdraw the application, the
City continued the item to this meeting.
The applicant wishes to table this request until a new name is chosen.
Staff recommends that this matter be denied without prejudice and that the applicant
be directed to submit an application for any new request to change the street name in
accordance with the provisions of Chapter 14.08. Chapter 14.08 of the La Quinta
Municipal Code prescribes certain procedures that need to occur prior to the Council's
consideration of a street name change, including, but not limited to, the Planning
1.35
S:\CityMgr\STAFF REPORTS ONLY\B4 snc 2003-015 cc rpt #2.doc
Commission's review. Since the applicant now proposes to modify the initial request,
the new street name would need to be reviewed under the measures prescribed in
Chapter 14.08 prior to City Council action.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Deny Street Name Change 2003-015 without prejudice and direct the applicant
to submit an application for any new request to change the street name in
accordance with the provisions of Chapter 14.08; or
2. Continue the street name change as requested by the applicant; or
3. Adopt a Resolution of the City Council approving the street name change; or
4. Do not adopt a Resolution of the City Council approving the street name
change; or
5. Provide staff with alternative direction.
Respectfully submitted,
OCie,o'ry Her anmmunity Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Letter from Applicant
S:\CityMgr\STAFF REPORTS ONLY\B4 snc 2003-015 cc rpt #2.doc
02
186
JUN-01-2004 TUE 01:39 PM DISC
17607760076 FAQ/002
ROD VANDENBOS
74-785 Highway 111, Suite 100
Indian Wells, CA. 92210
June 1, 2004
QU li �
RECEIVED
O JUN I M Z
Mr. Stan Sawa
City of La Quanta
Planning Department
78-495 Calle Tampico
La Quanta, CA 92253
Re. Street Neane Change
Mr. Sawa:
Thank you for your telephone tail. I apologize you did not receive the letter from our
engineer. We are requesting that you keep the name change on "Bold". We will be
submitting a different name in a few days.
Thank o uch.
o andenbos
03
187
REPORT/INFORMATIONAL ITEM:
CULTURAL ARTS COMMISSION
MINUTES
May 20, 2004
I. CALL TO ORDER
A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m.
in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon
presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Else Loudon
Commissioner Sheldon Brodsky
Commissioner Andrea Gassman
Commissioner Elaine Reynolds
Commissioner Linda Young (excused)
STAFF PRESENT: Dodie Horvitz, Community Services Director
11. PUBLIC COMMENT -
Tom McGraw gave a presentation regarding an art show at Old Town La
Quinta. Artists could sell their works with a free booth space and an
umbrella. Wells Marvin would like to have more people at his shopping
center. This could be held in the summer or maybe in the fall for more people
to attend.
Commissioner Brodsky asked how the city could support a private venture.
Commissioner Reynolds stated that Wells Marvin is already working on a
program when the artists can show their work in the evening. Mr. McGraw
wants the events in the evenings on alternating the Saturday evenings. The
lighting is better on the streets instead of under the covered patios. Mr.
McGraw wants this event to be distanced from the street fair being offered
on the site. Commissioner Brodsky asked for clarification - would it be the
City and Commission sponsoring the event?
Mr. McGraw stated that he wanted the Commissioners to support the
program and attend and the City to promote the event. He would suggest
mid October and Wells Marvin is receptive to this idea. This event should
not cost much according to Mr. McGraw.
Cultural Arts Commission Meeting May 20, 2004
Minutes Page 2.
Commissioner Loudon asked that this be placed on next month's agenda.
III. PUBLIC HEARING - NONE
IV. CONSENT CALENDAR
A. Approval of Minutes of April 8, 2004
B. Department Report for March 2004
C. Financial Report for April 2004
It was moved by Commissioners Brodsky/Gassman to approve consent
calendar. Unanimous.
V. PUBLIC HEARING - None
VI. BUSINESS ITEMS
A. Point Happy. Madison Development would like to present a focal point to
the new building. The buildings will have a Mediterranean feel. Electricity
and water have been provided to both circles in the plaza because the
developer was not sure what art piece would be presented.
Madison Development is offering to help financially with this project.
Commissioner Brodsky appreciates Madison Development's commitment
to the community. He does not feel the art work proposal is Tuscan but
more Greek. Madison wants something that the public would be proud
of.
Commissioner Reynolds wants the art piece to be visible from Hwy. 111,
she also feels the developer should pay more for the art piece. She
doesn't want something Grecian looking.
Commissioner Gassman wants something more then a Grecian urn look.
Mr. Wilkerson explained that the "Cahuilla Family" art piece was placed
there due to the requirements of the Cahulla tribe. Mr. Wilkerson said
that he donate $20,000425,000 for this art piece.
Commissioner Reynolds asked if the art piece would be hidden? Madison
Development would like a recommendation from the Commission as to
what they would like to see here.
Commissioner Gassman stated that having a piece of artwork in this
location is important but not this art piece.
Commissioner Loudon asked that Felicia modify the art piece to fit the
setting.
SACommunity Services\CAC\CACNIIN.5.20.04.doc 189 2
Cultural Arts Commission Meeting May 20, 2004
Minutes Page 3.
Mr. Wilkerson stated that a rendering will be presented next meeting.
B. Annual. Work Plan
Commissioner Loudon stated that specific tasks should be identified.
Commissioner Gassman feels the Temporary Art Donation program is a tight
contract, and artists may not want to participate due to the insurance
clause. The artists find this too restrictive. Commissioner Reynolds proposed
eliminating the Temporary Donation program because artists would not
participate due to the contract.
Commissioner Loudon stated that Arts Alliance is having a difficult time
producing a master calendar of events. It takes a very tremendous amount of
time and staff time. She feels that a master calendar of events would
benefit all organizations in the community.
The Commission discussed the Concert Under the Stars event and felt that it.
was too much to offer a concert on the same day as the picnic. The
Commission recommended not offering another concert on the day of the
picnic.
The Commission also discussed promoting the public art in the City via City
publications. The Commission would be responsible for writing the articles
and staff will produce the material.
The Commission discussed co -hosting events with the Community Services
Commission such as the annual Tree Lighting Ceremony and City Picnic and
Birthday celebration. In addition, the Commission would like to work more
closely with the Coachella Valley Arts Alliance in offering and promoting
cultural events.
The Commission expressed concern regarding soliciting donations for special
events that they are not directly responsible for planning. However, the
Commission would like the City Council to know that if the City Council asks
them to solicit donations, the Commission would be pleased to do so.
After some discussion it was moved by Commissioners Gassman/Reynolds
to direct staff to make the changes to the work plan and submit for City
Council consideration. Unanimous.
VI1. CORRESPONDENCE AND WRITTEN MATERIALS
A. "The Letter" Art Piece Donation
SACommuaity 5a-v;ces\CAOCACMnv.5.20.04.doc 3
19�
Cuftural Arts Commission Meeting May 20, 2004
Minutes Page 4.
Staff reported that the City Council had accepted the loan of "The Letter"
and asked staff to send Ms. Moline the Temporary Art Loan Agreement.
Commissioner Gassman reported that Ms. Moline was very uncomfortable
with the agreement and was not interested in the loan any longer.
B. Possible Amphitheater Improvements
Staff reported that the City Council thanked the Commission for their
recommendation regarding the inflatable band shell, however, the Council
stated that the City has prioritized projects and to please be patient, as the
amphitheater is not in the top priority.
Vill. COMMISSIONER ITEMS
Commissioner Loudon asked if the letter to Kathy Dunham had been
prepared for her signature. Staff reported that it had not and would be
completed soon.
Commissioner Loudon reported that the Coachella Valley Arts Alliance will
host an event at the Augusta Restaurant on El Paseo and each City will give
a report on their arts programs and cultural events. Starts at 10:30 A.M.
Commissioner Brodsky stated he was embarrassed for the performers at the
Concert Under the Stars, he said there was no publicity about concert. He
called the Desert Sun and got something in the paper. Commissioner
Gassman stated that television stations were not there. Staff reported that
the press releases were submitted to the Desert . Sun and the television
stations. Staff had heard that the television stations were running the
announcement and that Channel 2 had done a story on the concert before
the event.
The Commission recommended darker font on postcards and to not to do a
concert next year, not the day of the picnic and not the night before. The
October concert series brought in 200 people at the middle school. It was
discussed that perhaps a concert, art show and taste of La Quinta event
might be successful with Chamber music during the art show might be a
better decision.
Commissioner Loudon stated that Commissioner Linda Young is not
supporting the Commission and does not follow through on actions. She
stated that the Commission must be able to count on each Commissioner to
support the commission. Each one must be obligated to attend the events
and meetings.
XI. ADJOURNMENT
SACommualty Services\CAC\CACM1N.5.20.04.doc 191 4
Cultural Arts Commission Meeting May 20, 2004
Minutes Page 5.
or It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts
Commission meeting. Unanimous. Meeting adjourned at 8:40 PM.
�
( b itteJ,00
odie Horvitz
Community Services Director
S:\Community Services\CAC\CACMIN.5.20.04.doc
19� 5
REPORT/INFORMATIONAL ITEM: A(40
COMMUNITY SERVICES COMMISSION
MINUTES
May 10, 2004
I. CALL TO ORDER
A regular meeting of the Community Services Commission was called to order
at 7:03 p.m. in the Study Session Room of the La Quinta Civic Center.
Vice Chairperson Calhoun opened the meting with Commissioner St. Johns
arriving at 7:04 p.m. and presided over the meeting. Commissioner Hackney led
the Pledge of Allegiance.
MEMBERS PRESENT: Commissioner Victoria St. Johns
Commissioner Gary Calhoun
Commissioner Ed Hackney
Commissioner Bob Leidner
MEMBERS ABSENT: Commissioner Mike Cross (Excused)
STAFF PRESENT: Dodie Horvitz, Community Services Director
II. PUBLIC COMMENT
None
II1. CONFIRMATION OF AGENDA
IV. CONSENT CALENDAR
A. Approval of April 19, 2004 Minutes
B. Monthly Department Report for March 2004
It was moved by Commissioners Hackney/Calhoun to approve Consent
Calendar. Unanimous.
V. PUBLIC HEARING
None.
193
Community Services Commission
Minutes
VI. BUSINESS ITEMS
A. Annual Work Plan
May 10, 2004
Paqe 2
Staff presented a revised work plan based upon City Council direction: to
define specific tasks the Commission would like to accomplish during the
upcoming year. After some discussion, the Commission determined that
each Commissioner would be assigned a task and act as a sub -committee
chair for that task.
Commissioner Hackney will chair "Community Services/Recreation";
Commissioner Leidner will chair "Liaison to the Community"; Commissioner
St. Johns will chair "Community Unity" and Commissioner Calhoun will chair
"Safety" with all Commissioners responsible for Park Development as
projects arise. All Commissioners will work on each task, however, the chair
of each task will ensure completion of the task.
The Redefined Annual Work Plan will be submitted for City Council
consideration at the June 1, 2004 meeting.
It was moved by Commissioners Calhoun/Leidner to forward the redefined
work plan to the City Council for consideration. Unanimous.
VII. CORRESPONDENCE AND WRITTEN MATERIALS
None.
VIII. COMMISSIONER ITEMS
A. La Quinta Skate Park Concept: The Commission reviewed the skate park
concept as recommended by the Commission at the last meeting. The
Commission was pleased with the concept. The La Quinta Park Skate Park
concept will be presented for City Council approval at the May 18, 2004 City
Council meeting.
B. Picnic Thank You Letters: The Commission thanked staff for a good job at
the picnic and one suggestion was to have more drinks available to the public at
next year's event.
fl
194
M
Community Services Commission May 10, 2004
Minutes Page 3
VII. Commissioner Items
A. Reports from Commissioners Regarding Meetings Attended: Commissioner
St. Johns reported that she attended the School Board meeting and it was
stated that the new school on the corner of Tampico and Eisenhower, which is
unnamed at this point, is scheduled to open in January 2005.
B. Commissioner Leidner reported that he had attended the Mayor's Lunch and
the public had asked several questions of the Mayor.
C. Commissioner Hackney, reported that he received several comments at the
Fire Station Dedication regarding two topics: The street improvements in front
of the fire station and the possibility of having a traffic signal or stop sign and
cross walk on Adams Street at La Palma Drive. Staff will refer the traffic issues
to the Public Works Department.
D. The Commission} asked Mr. Weaver to introduce himself. Mr. Weaver was
responding to the article in the GEM regarding the vacancies on the
Commission. The Commission thanked Mr. Weaver for attending.
IX. ADJOURNMENT
It was moved by Commissioners Hackney/Leidner to adjourn the Community
Services Commission meeting at 8:05 PM. Unanimous.
NEXT MEETING INFORMATION
Monday, June 14, 2004 @7:00 PM
Study Session Room
itted �y:
Doc iie Horvitz, lCommunity Services Director
03
195
REPORT/INFORMATIONAL ITEM: /17 - -
MINUTES
HISTORIC PRESERVATION COMMISSION MEETING
A Regular meeting held at the La Quinta City Hall Session Room
78-495 Calle Tampico, La Quinta, CA
May 20, 2004
This meeting of the Historic Preservation Commission was called to order by
Chairperson Leslie Mouriquand at 3:03 p.m. who led the flag salute and asked for
the roll call.
I. CALL TO ORDER
A. Pledge of Allegiance.
B. Roll Call.
Present: Commissioners Puente, Sharp, Wilbur, and
Chairperson Mouriquand
Absent: It was moved and seconded by Commissioners
Puente and Wilbur to excuse Commissioner Wright.
Unanimously approved.
Staff Present: Planning Manager. Oscar Orci, Principal
Planner Stan Sawa, Associate Planner Martin
Magana, and Secretary Carolyn Walker.
ll. PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA:- None
IV. CONSENT CALENDAR:
A. It was moved and seconded by Commissioners Puente and Wilbur to
approve minutes of the April 22, 20041 Historic Preservation
Commission as submitted. Unanimously approved.
V. BUSINESS ITEMS:
A. Paleontological Resources Assessment Report for Tentative Tract Map
32072
Applicant: RJT Homes
Archaeological Consultant: CRM TECH
Location: Southeast corner of Jefferson Street and Avenue 52
P:\CAROLYN\Hist Pres Com\HPC 5-20-04.doc
Last printed 6/22/04 1:11 PM 196
Historic Preservation Commission
May 20, 2004
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. Commissioner Wilbur commented on the first condition
regarding earth. -moving and grading. He asked if that meant the
relocation of a large quantity of earth. Staff replied the
condition refers to any type of earth moving or clearing of
vegetation, and trenching.
3. Commissioner Sharp commented the Commission was aware
this is a sensitive area and was in favor of an archaeologist.
monitoring the site.
4. Commissioner Puente and Chairperson Mo.uriquand agreed with
staff's recommendations.
5. It was moved and seconded by Commissioners Puente and
Sharp to adopt Minute Motion 2004-007 accepting the
Paleontological Resources Assessment Report for Tentative
Tract Map 32072, Assessors Parcel Numbers 772-410-021 and
022, in the City of La Quinta, Riverside County, California,
subject to conditions. Unanimously approved.
B. Archaeological and Paleontological Survey Report on Tract 31852
Applicant: Ehline Company
Archaeological Consultant: L & L Environmental, Inc.
Location: Northwest corner of Madison Street and Avenue 52
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. Commissioner Sharp asked what a lacustrine adaptation was.
Chairperson Mouriquand replied it referred to a lake
environment. Commissioner Sharp said he thought this was a
very interesting report, full of history and cultural background.
2
197
Historic Preservation Commission
May 20, 2004
3. Commissioner Puente asked who appointed the archaeological
monitor. Chairperson Mouriquand replied the applicant is
required to contract with someone who is on the County List for
professional monitoring. When tribal monitoring is required, the
tribe appoints someone who is qualified. Staff added the
applicant has to provide the City with evidence of the monitor's
qualifications.
4. Commissioner Puente commented on the amount of artifacts
collected and wanted to know where they were being stored.
Staff replied artifact storage was an item that needed to be.,
discussed. New laws are now in effect regarding how cities
can collect and store resources. There will have to be
discussion on whether the artifacts can be stored locally.
5. Commissioner Wilbur asked if there was any response from. the
Native Americans. Staff replied they contacted the Cabazon
Band of Mission Indians and the Native American Heritage
Commission. They received no comments back.
6. Chairperson Mouriquand commented on the fact ghat
Archeological and Paleontological Resources Reports require
two different disciplines with different criteria. When they are
combined in one report, it becomes difficult to read and can
create a problem if something of significance is found requiring
detailed discussion.
She had additional comments on the archaeology portion but
chose to include them in the upcoming conference call with the
archaeologist.
She added the report needed to relate the history, activities, and
the project site in order to determine the significance and
eligibility for both the State and National Registers. She found
the report lacking and incomplete.
7. Project Archaeologist, Kristie R. Blevins, was unable to attend
the meeting and was introduced, via a conference call, to
answer any questions the Commissioners had.
193
Historic Preservation Commission
May 20, 2004 - ,
8'. Chairperson Mouriquand asked Ms. Blevins about her comments
on past ranching and agricultural activities and how she had
arrived at her conclusions. Ms. Blevins replied there were
remnants of what appeared to be ranching activities, including a
cactus garden and various animal pens: Chairperson
Mouriquand asked Ms. Blevins what these things dated to. Ms.
Blevins replied they are modern. .
9. Chairperson Mouriquand asked if a records search had been
done, through the General Land Office (GLO), searching for
homesteading and othertypes of land granting activities on the
property. Ms. Blevins replied it had not. She did the records
search through the historical map and properties available at the
Eastern Information Center.
10. Chairperson Mouriquand said she did not find any general
contextual discussion on the local history in the report and the
whole historic period was not considered in the report. Ms.
Blevins replied they focused more on the prehistoric period
because of the prehistoric pottery found on the property.
Chairperson Mouriquand commented this was supposed * to be a
Cultural Resources Investigation and should have included not
only the prehistory, but the historic period. Ms. Blevins replied
that was correct.
11. Chairperson Mouriquand asked if the Torres Martinez or
Augustine Band of Indians had been contacted as part of the
project scoping and consultation effort. Ms. Blevins replied she
thought a letter had been sent to the Cahuilla Band.
Chairperson Mouriquand said the Cahuilla Band is located in the
Anza Valley and a Scoping Letter should have gone to the
Cabazon Band. Ms. Blevins replied she was not familiar with
this part of the report. She believed her associates had made
contact with Rob Wood of the Native American Heritage
Commission to find out who and where to make contact. She
didn't personally speak to Rob Wood so she didn't know what
went on with that particular conversation, but could find out.
Chairperson Mouriquand asked if they sent a request to the
Native American Heritage Commission for a sacred land search.
Ms. Blevins replied she thought it was done over the phone and
not in a formal letter. Chairperson Mouriquand suggested she
- 0
W*"
Historic Preservation Commission
May 20, 2004
might want to put it in writing to the Native American Heritage
Commission. They could then respond, in writing, with
comments and an attached list identifying the appropriate Bands
to consult.
12. Chairperson Mouriquand stated the Commission needed to have
the RPA (Registered Professional Archaeologist) sign and certify
the report. Ms. Blevins replied the signatory, Leslie Nay Irish, is
the Principal. Chairperson Mouriquand stated Ms. Irish was not
a qualified Archaeologist, according to the Secretary of the
Interior's Standards. The -report has to be signed by somebody
who is duly qualified to certify these kinds of reports, as well as
certification by the Paleontologist. Ms. Blevins replied it would
be done.
13. Chairperson Mouriquand suggested the report be handed back
to the Consultant.for completion and correction and resubmitted
for review at the next Commission meeting. Ms. Blevins was
told staff would be sending a letter, with comments, on the
. reports for her revision.
14. Staff restated the following items needed to be addressed:
a) A General Land Office records search for any
homesteaded properties.
b) Discussion of local history and the historic and prehistoric
period context.
c) Discussion of the local archaeology and how the site
relates to it.
d) Correct the Native American reference from the Cahuilla
Band of Mission Indians to the Cabazon Band. Provide
Scoping Letters to the Cabazon, Torres Martinez and
Augustine Indian Bands. Provide written responses and
include in Appendix.
Historic Preservation Commission .
May 20, 2004
e) There was mention of a prickly pear cactus garden, and
discussion of how the past activities on the property
were associated with ranching and agriculture. Provide
clarification- of the nature of the ranching, or the
agriculture, and whether they were historic activities.
f) There were generalized discussions on the different
paleontology, Indian sections; archaeology, but the
conclusions were not complete on identification and how
the project relates to the site area.
g) Supply source references of historical maps used.
h) All reports listed on the reference list.
15. Ms. Blevins asked how soon they could expect the comments
back. Staff replied as soon as the minutes could be done they
would transmit the letter with general comments, and
suggestions including the excerpts from the minutes.
16. It was moved and seconded by Commissioners Wilbur and
Sharp to adopt Minute Motion 2004-008 to return the Phase
Archaeological and Paleontological Survey Report on Tract
31852 to L & L Environmental for completion, with revision$,; as
stated above, for the Commission's review at a future meeting.
Unanimously approved.
C. Phase I Archaeological Survey Report for Tentative Tract Map 31087
Applicant: Tahiti Partners
Archaeological Consultant: L & L Environmental, Inca
Location: South side of Darby Road, east of Washington Street
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. Commissioner Sharp commented this was a heavily developed
area.
6
Historic Preservation Commission
May 20, 2004
3. Commissioner Puente asked when a Phase II was required.
Chairperson Mouriquand explained the Phase II was required
when there was something found requiring additional efforts to
determine its significance. Also, when the monitor has evidence
there may be subsurface artifacts. Subsurface testing may be
needed to decide how to craft the mitigation or preservation
treatment.
4. Commissioner Puente said in one of the recommendations
mentioned under 5.3.1.) Archaeology Recommendations (1),
Page 16 of the report, there was a request to develop a
mitigation plan. Did this mean the archaeologist was
anticipating they would be likely to find something?
5. Chairperson Mouriquand replied that was standard language
used in the industry. This phrasing allows for justification of
monitoring if something is found. If monitoring is
recommended, the monitor works with the client and their
grading schedule to design an appropriate level of mitigation and
monitoring. Some projects don't warrant a full-time monitor.
Sometimes the focus is in a certain area. Sometimes you,, do
spot checks to customize the monitoring program to fit the
needs of the project. That would be what they were discussing
in this report. Staff replied that was right. Ms. Mouriquand
added this project would require a lower level of monitoring
effort than required for a village site.
6. Commissioner Wilbur commented the surrounding area seems to
have some considerable sites. and it would be particularly unique
if this site had nothing.
7. Chairperson Mouriquand replied from all the past research, and
surveys in that area, it is a highly sensitive area. The parcel may
be surrounded by development, but that does not mean there
might not be something subsurface on the property. She
concurred that monitoring would be appropriate even though
nothing was found at the Phase I level. You have to consider
what the probability is of something being found on the site.
7
Historic Preservation Commission
May 20, 2004
8. Chairperson Mouriquand made the following comments to
Report Archaeologist, Ms. Kristie Blevins:
a) A General Land Office (GLO) records search needed to be
done for any homestead or land grant"'historic activities
on the property.
b) A discussion was needed of the local history as part of
the cultural resources investigation procedure.
c) Scoping letters to the Cabazon, Torres Martinez and
Augustine Indian Bands should be provided.
d) There were references to past ranching and agricultural
activities. An explanation should be provided of what
evidence was on the property for consideration of past
ranching and agricultural activities.
9. Chairperson Mouriquand asked about the report comment
saying most of the study area had been developed. Was this
referring to the radius or the project itself? Ms. Blevins replied
it referred to the radius.
10. Chairperson Mouriquand continued the Cultural Context
discussion on the Paleo-Indian Period, the Archaic Period, and
the Late Prehistoric Period needed to be more relevant to the
local area, to create the local, cultural context. The Late
Prehistoric discussion was very short. It referenced the
Luiseno, and the generalized San Luis Rey complex, but it didn't
discuss Cahuilla, late prehistory archaeology and culture at all. It
didn't discuss prehistory at all or tie it into the Cahuilla or local
tribes. There was mention of Luiseno and San Luis complex,
which is considered regional, . but there is no discussion of the
local area.
11. Chairperson Mouriquand asked if there was a source of
references for the historical maps. Ms. Blevins replied the
historic maps would have been from the Eastern Information
Center (EIC).
12. Chairperson Mouriquand said there was discussion about
Federal Laws. Was this because there was Federal involvement
in this project, or is this a CEQA project. Staff replied this was
a CEQA project.
8
203
Historic Preservation Commission
May 20, 2004
13. Chairperson Mounquand had some additional comments
centered on the historic period and explanation of the ranching
that was identified as being associated with the parcel.' She
suggested, rather than going over each item, staff could provide
Ms. Blevins with a commentary. to assist her in revising the
report. Ms. Blevins replied that would be very helpful.
14. It was moved and seconded by Commissioners Sharp • and
Puente to adopt Minute Motion 2004-009 to return the Phase I
Archaeology Survey Report for `tentative Tract Map 31087, to
L & L Environmental for completion, with revisions as stated
above, for the Commission for review at a future meeting.
Unanimously approved.
D. Interim Phase II Cultural Archaeological Test Program for Tentative
Tract Map 32201
Applicant: Choice Enterprise
Archaeological Consultant: Archaeological Advisory Group
Location: Northwest corner of Madison Street and Avenue 60
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. Commissioner Sharp asked if the tamarisks had been taken out.
The applicant's representative, Dave Saccullo, 74-923 Highway
111, Suite 114, Indian Wells, California, introduced himself and
replied the tamarisks had not been taken out. He had been
notified he needed a Paleontology Report which was currently
being done by Mike Hogan of CRM TECH, and should be
available by June 1, 2004. Mr. Saccullo asked if he had the
Paleontologist submit a letter verifying there have been no
relevant sites at this location could he go ahead with clearing
and grubbing. Staff indicated that the client's position as long
as the Paleontological Report and monitoring were done it
would be acceptable. They would need to check to make
certain that the person doing the monitoring was qualified.
Dave Saccullo said Mike Hogan's firm would be doing the
Archaeology and Paleontology monitoring.
E
Historic Preservation Commission
May 20, 2004
3. Chairperson Mouriquand commented he would probably have
Harry Quinn doing the monitoring as Mr. Hogan was not a
qualified Paleontologist.
4. Commissioner Wilbur asked what the protocol was .for Interim
Phase Il reports from staff's experience. Staff -replied they have
been submitted in the past and. accepted. In this case, since
the results did not reveal artifacts they would be comfortable
accepting the Interim Report. If anything is found, or the status
changes, it would be brought back to the Commission.
5. Commissioner Sharp was concerned about what would be
found under the tamarisks, but was happy the project would be
monitored. Mr. Saccullo said they would have a monitor and
contact the proper tribal entities as necessary.
6. Chairperson Mouriquand had no further .comments and agreed
with staff's recommendations.
7. It was moved and seconded by Commissioners Puente and
Sharp to adopt Minute Motion 2004-010 accepting the Interim
Phase II Archaeological Test Program for Tentative Tract , No.
32201, as prepared by Archaeological Advisory Group, subject
to conditions. Unanimously approved.
E. A Cultural Resources Investigation of the Point Happy Ranch Project
Area (Tentative Tract Map 31348)
Applicant: Madison Development
Archaeological Consultant: McKenna, et al
Location: 46-201 Washington Street (located on the west side of
Washington Street, approximately 300 feet south of
Highway 111)
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. Chairperson Mouriquand stated the report is a nice contribution
to the history of La Quinta.
r�,,
Historic Preservation .Commission "
May 20, 2004
3. Archaeological Consultant Jeanette A. McKenna was present
and pointed out the photo on the cover of the report was that
4
of Mrs. Louise Neeley.
4. Commissioner Wilbur said he knew this report -would go to the
Library and Historic Museum, but he suggested a copy be given
to each of the City Council members to demonstrate what can
be done. Chairperson Mouriquand commented there was a large.
expense attached to producing reports this detailed. - She
suggested one copy be presented at a Council meeting to let
them. know it would be, filed in the Community Development
Department for .their review. Staff replied there was protocol
on how the Council was informed of certain matters. They are
included in a weekly update. 'Chairperson Mouriquand agreed it
would save printing expenses and would be a more efficient
way to notify the Council.
5. Commissioner Sharp thanked the Archaeologist for such a nice
scholarly piece of work. He thought the work was so well done
a copy should go to the Chamber of Commerce and the .La
Quinta Hotel. It was a historical document and should be
shared. Chairperson Mouriquand said a copy should be put in
the Library.
6. Ms. McKenna said the Historical Society might be able to use
this report, possibly as a fund raiser. She added, one of her
employees . was in graduate school and would be using portions
of this report in her thesis. Commissioner Sharp asked if the
Commission would be able to obtain copies of that report. Ms.
McKenna replied it would be possible. She clarified the
research was being done on Mrs. Neeley's family and their
impact on the history of the Valley. She said their family
history was very amazing the more you looked into it. She said
you're very impressed when you read the transcripts, hear her
speak about her parents, her grandparents, where they came
from, what they did, how they got here, and how quickly they
came from living in tents, to a generation later, all being college
graduates.
Historic Preservation Commission
May 20, 2004 1
7. Chairperson Mouriquand suggested Council be informed the
report will become part of a thesis. The _message to Council
should be there is academic value in doing these kinds of
investigations rather than just to obtain' building permits and
entitlements, for projects. Efforts of this nature can lead to
valuable contributions to local history and, academic study. The
City should be proud of, and encourage more of this activity
and possibly look into promoting a scholarship fund. It's too
bad there isn't a copy of the 1997 Revisions to the Draft
Context Statement because a lot of those things have been
addressed and cleaned up and I think the archaeologists are
using the 1996 version. However, this is an outstanding effort
and a lot of work went into this. She thanked Ms. McKenna.
and her staff.
8. GIs. McKenna said a copy of the video was given to staff, but
she has the original, if additional copies needed to be made.. She
also commented it was amazing the information that could be
obtained when the General Land Office and the County , records
were used.
9. Commissioner Sharp commented there had previously been a
movement in the area, about a City of La Quinta Pageant. He
'said he could see a Pageant being produced from thin historical
information.
10. Chairperson Mouriquand asked the Commission to recall the
reason this report was commissioned. The previous reports did
not go far enough, and the Commission requested a more
detailed effort be done. That was accomplished in this
document. She asked if the Commission and staff felt this
property had been adequately documented. Staff replied there
had been two efforts. One was to document all that was
possible, including Mrs. Neeley's information, and the other was
to consider the possibility of inclusion in the Register.
Chairperson Mouriquand asked for Ms. McKenna's
recommendations as to where the Commission needed to go
next.
E,
12 20 7
Historic Preservation Commission
May 20, 2004
11. Ms. McKenna replied monitoring would have to continue and
commented on the following process to nominate a site for the
State Register. The Ranch meets the minim.um requirements of
criteria 1, 2 and the potential for 4. Criteria 3 was discounted
which was the architecture, because of the deterioration of. the
buildings, the addition of things -that had nothing to do with
Point Happy and the significant- removal of elements to Point
Happy to where you had such a small fraction left it was really
hard to say it was representative of what Point Happy and , the
Clark years would have represented.
12. Staff asked Ms. McKenna to explain the four criteria to the.
Commission. Ms. McKenna stated Criterias 1 and 2 are the
associations with events and persons and gave examples of
people and events that fit the criteria. She said Criteria 4 is sort
of a catchall which allows for the potential of buried resources
and the ability to do additional research. She then, gave
examples of several local family histories which would help
qualify the project for Criteria 4. She said the project met three
of the four criteria for the California Register of Historic
Resources. It would take a stronger case to qualify for the
National Register. She didn't think it would qualify unless
something really significant came up during the monitoring, but
this was certainly a California Historic Landmark.
13. Staff commented the next step would be to go through the
nomination process. The applicant and the applicant's
representative could help in doing this as we would need to get
the primary record from them as well as a letter from this
Commission and the balance of documentation for nomination.
Staff asked if that was the . Commission's wishes. The
Commissioners unanimously agreed.
14. Commissioner Sharp asked why the Duponts were not included
in the report. Ms. McKenna replied she did not go into a lot of
detail because she was zeroing in on this particular property.
She did the same thing with Miss Marble. They had a lot of
information, but had to draw the line as to where they were
going to limit the documentation. Mrs. Neeley and her oral
history made reference to all the movie people.
13
�ell 8
Historic Preservation Commission
May 20, 2004
15. Chairperson Mouriquand said. there was approximately three
hours of video and she would like to see it. She mentioned
possibly the rest of the Commissioners, as well as Council,
might like to see it. Staff said they were working out some
form of accountability as to who had the video, . possibly a
check out system. They suggested. another appropriate system
would be to check with the City Clerk to see if they had any
measure, or method to duplicate the video to perhaps a DVD or
CD Rom. Staff will look into it and get back to the
Commission.
16. Ms. McKenna made a -comment about their attempts to add,
some interest, to the video, by pretending they were Huell
Howser. This, however, did make an honest case for the
Commission to ask Mr. Howser to come back and re -do the
interview. If he were to interview Mrs. Neeley, about early ,La
Quinta, it would be a good story. She suggested a copy of the
Jape be sent to him.
17. Chairperson Mouriquand suggested, in lieu of checking out the
videos, possibly a movie night could be planned for all the
Commissioners to see it. They could then decide how., to
proceed as far as promoting and designating the report and
video. She said staff could have copies made and devise a
check out system as well as archive some copies. Duplicate
copies could be provided to the Library and other appropriate
places.
18. Ms. McKenna said they spliced together the original cassettes
to make the copy they have now. She suggested the original
could be made available if staff had means of burning a CD. .
19. Applicant's representative, Ed Alderson asked flow many copies
were made. Ms. McKenna replied an original and three copies,
two of which were given to the City, and one to Ms. Neeley.
20. Staff said they would check to find out what is available on the
City's media system.
1
14,
4 01.)9
Historic Preservation Commission
May 20, 2004
• r
21. Staff said they would bring back an outline, with as much
information as possible, on the nomination procedures for a
State Historic Landmark. They were unsure if the Council
needed to provide a letter, but would check. on this.
Chairperson Mouriquand said the Commission had SHPO
powers, as a CLG, and could write the letter. Staff stated they
would begin putting the primary records together and bring the
information back to the Commission. Ms. McKenna asked if. the
applicant could gain any tax credit through the Mills act.
Chairperson Mouriquand answered there were no Mills Act
contracts in place in La Quinta, but it needs to come back for
discussion as the project might qualify. Possibly staff could
look into this and forward the information to the property owner
so they could see how this would benefit them because it
required property owner's authorization to proceed. It woWId
definitely be to the owner's advantage for property taxes...
22. It was moved and seconded by Commissioners Wilbur and
Sharp to adopt Minute Motion 2004-011 accepting the Cultural
Resources Investigation of the Point Happy Ranch Project Area
as submitted. The Commission also directed staff to seek the
nomination for California Historic Landmark for the Point Happy
Ranch Site. Unanimously approved with Commissioners Puente
and Wright being absent.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMISSIONER ITEMS:
A. Commissioner Sharp stated he was concerned about the rescheduling
of Gary Resvaloso's presentation. The Commission had not heard
anything further and wanted to know the status of Mr. Resvaloso's
upcoming presentation. Staff replied they had made numerous
contacts with Mr. Resvaloso's office, but had nothing definite yet.
Chairperson Mouriquand suggested staff send a letter to Mr.
Resvaloso inviting him to make his presentation at an upcoming
meeting. She added the Commission could also invite representatives
from the Augustine, Santa Rosa, and Cabazon Bands to attend a
future meeting.
1410
Historic Preservation Commission
May 20, 2004 . i 0
B. Commissioner Wilbur commented that at the last meeting there was a
discussion about May being Historic Preservation Month and with La
Quinta being the only city in the Valley with CLG status there should
be a news release about the Commission's Ten Year Anniversary and
accomplishments. The point being May is almost fiver. One thing
about public relations is if it isn't timely, it isn't used. Staff
commented they spoke to the City Administration about the
Commission's direction for a presentation and/or a plaque and was
advised that although this Commission has done a wonderful job, this
was not possible as it was not done for the other Commissions.
Chairperson Mouriquand suggested staff try to get a newspaper article
out before the end of the month. Possibly a few words about the
Commission being 10 years old, and some of their accomplishments
as well as the fact the Commission has just concluded the Point
Happy Report. Staff asked if the, Commission needed to see the
article before it went out. Commissioner Wilbur has a Public Relations
background and offered to take a look at it.
C. Commissioner Sharp asked about presentation of information/notes
from the California Preservation meeting the Commission attended
earlier this month. Chairperson Mouriquand suggested each
Commissioner make a five minute presentation; at the June 17th
meeting of the information they received at the Conference.
VIII. ADJOURNMENT
There being no further business, it was moved and seconded . by
Commissioners Sharp and Wilbur to adjourn this Regular Meeting of the
Historic Preservation Commission to the next Meeting to be held on June 17,
2004. This meeting of the Historical. Preservation Commission was
adjourned at 4:34 p.m. Unanimously approved.
Submitted by:
Carolyn alker
Secretary
1
tll
Department Report: i-A
of9
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
DATE: July 6, 2004
SUBJECT: Department Report - Response to Public Comments
The following public comments were made at the June 15, 2004, City Council
meeting:
1. Jacques Abels and Jack Fleck, of VFW Post 855, thanked the Council for
supporting Jacques Abels as the City's representative to the World War II
Monument Dedication in Washington D.C.
• Council Member Sniff suggested sending a letter of appreciation to Mr. Abels
for attending the event.
2. Else Loudon, Chairperson of the Cultural Arts Commission, stated she
wished to assure Council that "concerts" was inadvertently left out of the
2004/2005 Work Plan and will be included.
3. Carol Brandel, 53-605 Avenida Ramirez, stated she feels Animal Control
Officers should be allowed to enter private properties to assist animals in distress.
She referenced a particular situation wherein the owners of a dog were out of town
and the dog was tied on a short leash without access to water. She also
commented on the danger of rattlesnakes along the Bear Creek Bike Path.
• The Code Compliance officer responding to the scene of the referenced
animal in distress call explained to Ms. Brandel that the Penal Code allows
entry onto private property only for "probable cause." Only when officers
are unable to contact an owner can they enter private property, and then
only if there is "probable cause" to do so. Revisions to the City's Municipal
Code are underway, and will be brought before Council at a later date, that
incorporate a "check the welfare" section, which will provide increased
latitude for investigating reports of endangered animal welfare.
4. Gary Calhoun, of Community Services Commission, expressed appreciation
to the City Council for being allowed to serve on the Commission, and thanked
Community Services Director Horvitz for her assistance in making the Commission
a success.
213
DEPARTMENT REPORT: 3- A
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COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Public Hearing to Adopt a Resolution of
the City Council Approving Tentative Tract Map
31681, the Subdivision of ± 548 Acres into 472
Single -Family Lots, a Lot for 80 Casitas, a
Commercial Lot, Golf Course Lots and
Miscellaneous Lots, for the Property Located at the
Southeast Corner of Madison Street and Avenue 58.
Applicant: Coral Option I, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution of the City Council approving Tentative Tract Map 31681, the
subdivision of ± 548 acres into 472 single-family lots, a lot for 80 casitas, a
commercial lot, golf course lots and miscellaneous lots, for the property located at
the southeast corner of Madison Street and Avenue 58, subject to Findings and
Conditions of Approval.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The site contains ± 548 acres and is located at the southeast corner of Madison
Street and Avenue 58, south of the Greg Norman golf course and north of Trilogy
Country Club (Attachment 1). The project site is within the Andalusia at Coral
Mountain project.
On December 16, 2003 the City Council approved Specific Plan 03-067 (Andalusia
at Coral Mountain), which included up to 1,400 homes, two championship golf
courses, a clubhouse with a spa and tennis facility, commercial lots, a major
� 18
community facility, a gatehouse and associated amenities. Currently, the site is
being graded. The applicant has recently submitted plans to the Building & Safety
Department for the spa and tennis facility and the gatehouse.
The applicant is requesting approval of a Tentative Tract Map (Attachment 2) to
subdivide ± 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial
lot, golf course lots and miscellaneous lots. This tract map makes up
approximately 60% of the Andalusia at Coral Mountain project.
The following table is a breakdown of the various land uses and acres assigned to
each within this tract:
Land Use
Acres
Residential
132
Private Streets
34
Landscape
79
Well Sites
3
Golf Course
264
Maintenance
3
Casitas
14
Recreation/Tennis Facilit
8
Commercial
5
Avenue 58 (ROW)
1
Monroe Street (ROW)
2
Avenue 60 (ROW)
3
Total
548
The residential lots range in size from ± 9,800 to ± 17,000 square feet. The
proposed lots meet the minimum lot size of 7,200 square feet as required in the
Low Density Residential Zone.
The commercial lot will comply with the development standards of the approved
Specific Plan (SP 03-067) .and the Zoning Code.
Access
Vehicular access is provided via Madison Street and Monroe Street. . Madison
Street provides two primary points of direct access into the project. Monroe Street
provides a secondary point of access. Private roadways are proposed within the
development, which will provide access to other land uses including the clubhouse,
golf courses, and swimming and tennis facility.
�a
019
Access to the commercial site at the southeast corner of Madison Street and
Avenue 58 is provided from these two streets.
The applicant does not anticipate development of the property at the southwest
corner of Madison Street and Avenue 58 at this time. When the applicant does
submit plans for this site, they will be processed in accordance with the Zoning
Code and Subdivision Map Act.
CEQA
The project has complied with the requirements and rules to implement the
California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-
63), in that Environmental Assessment 03-483 was certified by the City Council on
December 16, 2003, under Resolution No. 2003-124 for Specific Plan 03-067.
There are no changed circumstances, conditions, or new information which would
trigger the preparation of a subsequent environmental analysis pursuant to Section
15162 of the Guidelines for the implantation of the California Environmental Quality
Act.
Planning Commission Action
At the June 8, 2004 meeting, the Planning Commission reviewed this project and
voted 5-0, to recommend approval of the Tentative Tract Map to the City Council
by adopting Resolution 2004-012, subject to Findings and Conditions of Approval.
Public Notice
This project was advertised in the Desert Sun newspaper on June 22, 2004, and
mailed to all property owners within 500 feet of the site. To date, no letters have
been received from adjacent property owners. Any written comments received will
be handed out at the meeting.
FINDINGS AND ALTERNATIVES
Findings necessary to approve the Tentative Tract Map can be made and are
contained in the attached Resolution. The alternatives available to the City Council
include:
1. Adopt a Resolution of the City Council approving Tentative Tract Map
31681, the subdivision of t 548 acres into 472 single-family lots, a lot for
80 casitas, a commercial lot, golf course lots and miscellaneous lots, for the
property located at .the southeast corner of Madison Street and Avenue 58,
subject to Findings and Conditions of Approval; or
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C3
020
2. Do not adopt the Resolution approving the project; or
3. Provide staff with alternative direction.
Respectfully submitted,
rry Hi an
ommunity Development Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Site Location Map
2. Tentative Tract Map 31681
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RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 31681 TO SUBDIVIDE ± 548 ACRES INTO
472 SINGLE-FAMILY LOTS, A LOT FOR 80 CASITAS, A
COMMERCIAL LOT, GOLF COURSE LOTS AND
MISCELLANEOUS LOTS
CASE NO.: TENTATIVE TRACT MAP 31681
APPLICANT: CORAL OPTION I, LLC
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 6" day of July, 2004, hold duly noticed Public Hearings to consider an
application by Coral Option I, LLC for Tentative Tract Map 31681 to subdivide
± 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial lot, golf
course lots and miscellaneous lots, generally located at the southeast corner of
Madison Street and Avenue 58, more particularly described as follows:
APNs: 764-200-001 thru 007 and 764-210-001 thru 006
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 8t' day of June, 2004, hold a duly noticed Public Hearing to
consider a request by Coral Option I, LLC, for Tentative Tract Map 31681 to
subdivide ± 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial
lot, golf course lots and miscellaneous. lots; and
WHEREAS, the Planning Commission, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard,
adopted Resolution No. 2004-035 recommending approval of Tentative Tract Map.
31681 to subdivide ± 548 acres into 472 single-family lots, a lot for 80 casitas, a
commercial lot, golf course lots and miscellaneous lots; and
WHEREAS, said Tentative Tract Map 31681 has complied with the
requirements and rules to implement the California Environmental Quality Act
(CEQA) of 1970, as amended (Resolution 83-63), in that Environmental
Assessment 03-483 was certified by the City Council on December 16, 2003,
under Resolution No. 2003-124 for Specific Plan 03-067. There are no changed
circumstances, conditions, or new information, which would trigger the preparation
of a subsequent environmental analysis pursuant to Section 15162 of the
Guidelines for the implantation of the California Environmental Quality Act; 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
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P2z
City Council Resolution 2004-
Tentative Tract Map 31681
Coral Option I, LLC
Adopted: July 6, 2004
City Council did make the following mandatory findings to approve said Tentative
Tract Map 31681:
1. The proposed tract map will be consistent with the City of La Quinta General
Plan in that the property is designated Low Density Residential (LDR),
Neighborhood Commercial (NC), and Golf Course (GS) which allows single-
family residential, commercial and golf course uses.
2. The design or improvement of the proposed subdivision will be consistent with
the City of La Quinta General Plan in that all streets and improvements in the
proposed project will conform to City standards contained in the General Plan
and Subdivision Ordinance. Access for the single-family lots, commercial area
and golf course and associated uses will be provided from existing streets in
the immediate area. The density and design for the tract will comply with the
Land Use Element of the General Plan.
3. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage, or substantially injure fish or wildlife,
or their habitat in that, Environmental Assessment 03-483 was certified by the
City Council on December 16, 2003, under Resolution No. 2003-124 for
Specific Plan 03-067. There are no changed circumstances, conditions, or
new information, which would trigger the preparation of a subsequent
environmental analysis pursuant to Section 15162 of the Guidelines for the
implantation of the California Environmental Quality Act. Therefore, the
subject site is physically suitable for the proposed land division and currently,
development exists to the north and south of the site which has reduced the
amount of habitat suitable for any fish or wildlife.
4. The design of the subdivision and type of improvements are not likely to cause
serious public health problems in that the applicant will be conditioned meet all
applicable requirements of the City of La Quinta to provide a safe environment
for the public.
5. 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 in that there are existing streets that
will provide direct access to the site. All required public easements will
provide access to the site or support necessary infrastructure improvements
for the proposed project.
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City Council Resolution 2004-
Tentative Tract Map 31681
Coral Option I, LLC
Adopted: July 6, 2004
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 Tentative Tract Map;
2. That it does hereby approve Tentative Tract Map 31681 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 6" day of July, 2004, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DONALD ADOLPH, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
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, ,24 c 7
City Council Resolution 2004-
Tentative Tract Map 31681
Coral Option I, LLC
Adopted: July 6, 2004
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La
Quinta ("City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this Tentative
Tract Map, or any Final Map recorded thereunder. The City shall have sole
discretion in selecting its defense counsel.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. This Tentative Tract Map, and any Final Map recorded thereunder, shall
comply with the requirements and standards of Government Code § § 66410
through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La
Quinta Municipal Code ("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web
Site at www.la-quinta.org.
3. Prior to the issuance of any grading, construction, or building permit by the
City, `the applicant shall obtain any necessary clearances and/or permits from
the following agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
The applicant is responsible for all requirements of the permits and/or
clearances from the above listed agencies. When the requirements include
approval of improvement plans, the applicant shall furnish proof of such
approvals when submitting those improvement plans for City approval.
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226
CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION 1, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
4. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean
Water), LQMC; Riverside County Ordinance No. 457; and the State Water
Resources Control Board's Order No. 99-08-DWQ.
A. For construction activities including clearing, grading or excavation of
land that disturbs one (1) acre or more of land, or that disturbs less
than one (1) acre of Land, but which is a part of a construction project
that encompasses more than one (1) acre of land, the Permitee shall
be required to submit a Storm Water Pollution Protection Plan
("SWPPP").
B. The applicant's SWPPP shall be approved by the . City Engineer prior to
any on or off -site grading being done in relation to this project.
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6) Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant.shall
be approved by the City Engineer prior to any onsite or offsite grading,
pursuant to this project.
F. The approved SWPPP and BMPs shall remain in effect for the entire
duration of project construction until all improvements are completed
and accepted by the City.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
G. The applicant shall recycle or dispose all refuse, including construction
debris, in an appropriate licensed disposal or recycling facility.
5. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
PROPERTY RIGHTS
6. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
7. The applicant shall offer for dedication on the Final Map all public street
right-of-ways in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and/or as required by the City Engineer.
8. The public street right-of-way offers for dedication required for this
development include:
A. PUBLIC STREETS
1) Monroe Street (General Plan Primary Arterial, Option A, 110'
ROW) - Sufficient right-of-way shall be dedicated to
accommodate the standard 55 feet from the centerline of
Monroe Street for a total 1 10-foot ultimate developed right-of-
way except for an additional right-of-way dedication to
accommodate improvements conditioned under STREET AND
TRAFFIC IMPROVEMENTS.
2) Madison Street pursuant to Specific Plan 2003-067 (Primary
Arterial, Option A*, 110' ROW) - The standard 110-foot
ultimate developed right-of-way shall be dedicated except for an
additional right-of-way dedication to accommodate
improvements conditioned under STREET AND TRAFFIC
IMPROVEMENTS.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
3) Avenue 58 (Proposed General Plan Secondary Arterial, 94'
ROW) — If a proposed General Plan Amendment is adopted by
the City Council, sufficient right-of-way shall be dedicated to
accommodate the proposed standard 47-foot right-of-way from
the relocated centerline of Avenue 58 to comply with the
existing Secondary Arterial Roadway Classification plus a Class
II bicycle lane. Additional right-of-way shall be dedicated to
accommodate improvements conditioned under STREET AND
TRAFFIC IMPROVEMENTS.
4) Avenue 60 (Proposed General Plan Secondary Arterial, 94'
ROW) — If a proposed General Plan Amendment is adopted by
the City Council, sufficient right-of-way shall be dedicated to
accommodate the proposed standard 47-foot right-of-way from
the centerline of Avenue 60 to comply with the existing
Secondary Arterial Roadway Classification plus a Class II bicycle
lane. Additional right-of-way shall be dedicated to accommodate
improvements conditioned under STREET AND TRAFFIC
IMPROVEMENTS.
Note: *Equivalent to County of Riverside Arterial Highway Roadway
Classification
9. The applicant shall retain for private use on the Final Map all private street
right-of-ways in conformance with the City's General Plan, Municipal Code,
applicable specific plans, and/or as required by the City Engineer.
10. The private street right-of-ways to be retained for private use required for
this development include:
Private Residential Streets measured back of curb to back of curb: 36-foot
travel width where parking is allowed on both sides and 28 feet if on -street
parking is prohibited, and provided there is adequate off-street parking for
residents and visitors, and the applicant establishes provisions for ongoing
enforcement of the parking restriction in the CC&R's. The CC&R's shall be
reviewed by the Engineering Department prior to recordation.
Private Residential Lane widths are as shown on the tentative tract map. On -
street parking is prohibited, and provided there is adequate off-street parking
for residents and visitors, and the applicant establishes provisions for
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
ongoing enforcement of the parking restriction in the CC&R's. The CC&R's
shall be reviewed by the Engineering Department prior to recordation.
11. Dedications shall include additional widths as necessary for dedicated right
and left turn lanes, bus turnouts, and other features contained in the
approved construction plans.
Pursuant to this requirement, the Applicant shall include in the submittal
packet containing the draft final map submitted for map checking, an offsite
street geometric layout, drawn at 1 " equals 40 feet, detailing the following
design aspects: median curb line, outside curb line, lane line alignment
including lane widths, left turn lanes, deceleration lane(s) and bus stop
turnout(s). The geometric layout shall be accompanied with sufficient
professional engineering studies to confirm the appropriate length of all
proposed turn pockets and auxiliary lanes that may impact the right of way
dedication required of the project and' the associated landscape setback
requirement
12. When the City Engineer determines that access rights to the proposed street
right-of-ways shown on the approved Tentative Tract Map are necessary
prior to approval of the Final Map dedicating such right-of-ways, the
applicant shall grant the necessary right-of-ways within 60 days of a written
request by the City.
13. The applicant shall offer for dedication on the Final Map a ten -foot wide
public utility easement contiguous with, and along both sides of all private
streets. Such easement may be reduced to five feet in width with the
express written approval of IID.
14. The applicant shall create perimeter landscaping setbacks along all public
right-of-ways as follows:
A. Monroe Street - (General Plan Primary Arterial) - 20-foot from the
R/W-P/L.
B. Madison Street - (Pursuant to Specific Plan 2003-067 - Primary
Arterial, Option A) - 20-foot from the R/W-P/L.
C. Avenue 58 - and Avenue 60 (General Plan Secondary Arterial) - 10-
foot from the R/W-P/L.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
The listed setback depth shall be the average depth where a meandering wall
design is approved.
The setback requirements shall apply to all frontages including, but not
limited to, remainder parcels and sites dedicated for utility purposes.
Where public facilities (e.g., sidewalks) are placed on privately -owned
setbacks, the applicant shall offer for dedication blanket easements for those
purposes on the Final Map.
15. At locations where the onsite finished grade adjacent to the landscaped
setback lot has an elevation differential with respect to the arterial street top
of curb exceeding 11 feet, the applicant shall comply with, and
accommodate, the maximum slope gradients in the parkway/setback area
and meandering sidewalk requirements by either: 1) increasing the landscape
setback size as needed, or 2) installing retaining walls between the sidewalk
and the back of the landscaped area as needed.
16. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, park lands, and common areas on the Final Map.
17. Direct vehicular access to Madison Street, Monroe Street, Avenue 58 and
Avenue 60 from lots with frontage along those respective facilities is
restricted, except for those access points identified on the tentative tract
map, or as otherwise conditioned in these conditions of approval. The
vehicular access restriction shall be shown on the recorded final tract map.
Vehicular access shall meet requirements and/or restrictions per the La
Quinta General Plan for the roadway classification listed in Condition 8.
CVWD may have direct access to their facilities from the perimeter of the
project boundary, and Emergency Vehicular Access shall be allowed to meet
the requirements of the Riverside County Fire Department.
18. The applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments will
occur.
19.. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
14 , :11
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC '
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
Tract Map and the date of recording of any Final Map, unless such easement
is approved by the City Engineer.
FINAL MAPS
20. Prior to the City's approval of a Final Map, the applicant shall furnish
accurate AutoCAD files of the Final Map that was approved by the City's
map checker on a storage media acceptable to the City Engineer. Such files
shall be in a standard AutoCAD format so as to be fully retrievable into a
basic AutoCAD program.
Where a Final Map was not produced in an AutoCAD format, or produced in
a file that can be converted to an AutoCAD format, the City Engineer will
accept a raster -image file of such Final Map.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refers to persons currently certified or
ficensed to practice -their respective professions in the State of California.
21. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of Section 13.24.040 (Improvement Plans), LQMC.
22. The following improvement plans shall be prepared and submitted for review
and approval by the City. A separate set of plans for each line item
specified below shall be prepared. The plans shall utilize the minimum scale
specified, unless otherwise authorized by the City Engineer in writing. Plans
may be prepared at a larger scale if additional detail or plan clarity is desired.
Note the applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and utility
purveyors.
A. Off -Site Street Plan: ill = 40' Horizontal,
1 if = 4' Vertical
The street improvement plans shall include permanent traffic control and
separate plan sheet(s) (drawn at 20 scale) that show the meandering
232
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 , CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
sidewalk, mounding, and berming design in the combined parkway and
landscape setback area.
B. On -Site Street Plan:
C. On -Site Rough Grading Plan
D. Storm Drainage Plan
E. On -Site Precise Grading Plan:
1 " = 40' Horizontal
1 " = 4' Vertical
1 of
= 40' Horizontal
1 if = 40' Horizontal
1 = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall
show all existing improvements for a distance of at least 200 feet beyond
the project limits or a distance sufficient to show any required design
transitions.
"Rough Grading" plans shall normally include perimeter walls with Top Of
Wall & Top Of Footing elevations shown. All footings shall have a minimum
of 1 foot of cover, or sufficient cover to clear any adjacent obstructions.
In addition to the normal set of improvement plans, a "Precise Grading" plan
is required to be submitted for approval by the Building Official and the City
Engineer.
23. The City maintains standard plans, detail sheets and/or construction notes
for elements of construction. For a fee, established by City Resolution, the
applicant may purchase such standard plans, detail sheets and/or
construction notes from the City.
24. The applicant shall furnish a complete set of the AutoCAD files of all
approved improvement plans on a storage media acceptable to the City
Engineer. The files shall be saved in a standard AutoCAD format so they
may be fully retrievable through a basic AutoCAD program.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL 6PtION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in
order to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD
format, or a file format that can be converted to an AutoCAD format, the
City Engineer will accept raster -image files of the plans.
IMPROVEMENT SECURITY AGREEMENTS
25. Prior to approval of any Final Map, the applicant shall construct all on- and
off -site improvements and satisfy its obligations for same, or shall furnish a
fully secured and executed Subdivision Improvement Agreement ("SIA")
guaranteeing the construction of such improvements and the satisfaction of
its obligations for same, or shall agree to any combination thereof, as may be
required by the City.
26. Any Subdivision Improvement Agreement ("SIA") entered into by and
between the applicant and the City of La Quinta, for the purpose of
guaranteeing the completion of any improvements related to this Tentative
Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement
Security), LQMC.
27. Improvements to be made, or agreed to be made, shall include the removal
of any existing structures or other obstructions which are not a part of the
proposed improvements; and shall provide for the setting of the final survey
monumentation.
When improvements are phased through a "Phasing Plan," or an
administrative approval (e.g., Site Development Permits), all off -site
improvements and common on -site improvements (e.g., backbone utilities,
retention basins, perimeter walls, landscaping and gates) shall be
constructed, or secured through a SIA, prior to the issuance of any permits
in the first phase of the development, or as otherwise approved by the City
Engineer.
Improvements and obligations required of each subsequent phase shall either
be completed, or secured through a SIA, prior to the completion of homes or
the occupancy of permanent buildings within such latter phase, or as
otherwise approved by the City Engineer.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
In the event the applicant fails to construct the improvements for the
development, or fails to satisfy its obligations for the development in a timely
manner, pursuant to the approved phasing plan, the City shall have the right
to halt issuance of all permits, and/or final inspections, withhold other
approvals related to the development of the project, or call upon the surety
to complete the improvements.
28. Depending on the timing of the development of this Tentative Tract Map,
and the status of the off -site improvements at the time, the applicant may be
required to:
A. Construct certain off -site improvements.
B. Construct additional off -site improvements, subject to the
reimbursement of its costs by others.
C. Reimburse others for those improvements previously constructed that
are considered to be an obligation of this tentative tract map.
D. Secure the costs for future improvements that are to be made by
others.
E. To agree to any combination of these means, as the City may require.
In the event that any of the improvements required for this development are
constructed by the City, the applicant shall, prior to the approval of the Final
Map, or the issuance of any permit related thereto, reimburse the City for the
costs of such improvements.
29. If the applicant elects to utilize the secured agreement alternative, the
applicant shall submit detailed construction cost estimates for all proposed
on -site and off -site improvements, including an estimate for the final survey
monumentation, for checking and approval by the City Engineer. Such
estimates shall conform to the unit cost schedule adopted by City resolution,
or ordinance.
For items not listed in the City's unit cost schedule, the proposed unit costs
shall be approved by the "City Engineer.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
At the time the applicant submits its detailed construction cost estimates for
conditional approval of the. Final Map by the City Council, the applicant shall
also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the
Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map.
Estimates for improvements under the jurisdiction of other agencies shall be
approved by those agencies and submitted to the City along with the
applicant's detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V.
improvements.
GRADING
30. The applicant shall comply with the provisions of Section 13.24.050
(Grading Improvements), LQMC.
31. Prior to occupancy of the project site for any construction, - or other
purposes, the applicant shall obtain a grading permit approved by the City
Engineer.
32. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter
6.16, (Fugitive Dust Control), LQMC, and
D. A Best Management Practices report prepared in accordance with
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge
permit and Storm Management and Discharge Controls), LQMC.
All grading shall conform to the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by a soils
engineer, or by an engineering geologist.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION 1, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
A statement shall appear on the Final Map that a soils report has been
prepared in accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
33. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded,
undeveloped land shall either be planted with interim landscaping, or
stabilized with such other erosion control measures, as were approved in the
Fugitive Dust Control Plan.
34. Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform with the requirements of LQMC Section
9.60.240(F) except as otherwise modified by this condition requirement.
The maximum slope shall not exceed 3:1 anywhere in the landscape setback
area, except for the backslope (i.e. the slope at the back of the landscape
lot) which shall not exceed 2:1 if fully planted with ground cover. The
maximum slope in the first six (6) feet adjacent to the curb shall not exceed
4:1 when the nearest edge of sidewalk is within six (6) feet of the curb,
otherwise the maximum slope within the right-of-way shall not exceed 3:1.
All unpaved parkway areas adjacent to the curb shall be depressed one and
one-half inches 0.5") in the first eighteen inches (18") behind the curb.
35. Building pad elevations on the rough grading plan submitted for City
Engineer's approval. shall conform to pad elevations shown on the tentative
map, unless the pad elevations have other requirements imposed elsewhere
in these Conditions of Approval.
36. Building pad elevations of perimeter lots shall not differ by more that one
foot from the building pads in adjacent developments.
37. The applicant shall minimize the differences in elevation between the
adjoining properties and the lots within this development.
Where compliance within the above stated limits is impractical, the City may
consider alternatives that are shown to minimize safety concerns,
037
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION 1, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
maintenance difficulties and neighboring -owner dissatisfaction with the grade
differential.
38. Prior to any site grading or regrading that will raise or lower any portion of
the site by more than plus or minus three -tenths of a foot from the
elevations shown on the approved Tentative Tract Map, the applicant shall
submit the proposed grading changes to the City Staff for a substantial
conformance finding review.
39. Prior to the issuance of a building permit for any building lot, the applicant
shall provide a lot pad certification stamped and signed by a qualified
engineer or surveyor. Pad certification shall expire six months from the date
of survey and/or testing.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if
any. Such pad certification shall also list the relative compaction of the pad
soil. The data shall be organized by lot number, and listed cumulatively if
submitted at different times.
DRAINAGE
40. The applicant shall comply with the provisions of Section 13.24.120
(Drainage), LQMC.
41. Stormwater handling shall conform to the approved hydrology and drainage
report prepared specifically for Specific Plan 2003-067. Stormwater from
the commercial site at the northwesterly corner of the tentative -tract map
shall be accommodated by a drainage system to the internal retention areas.
The tributary drainage area shall extend to the centerline of adjacent public
streets.
42. Nuisance water shall be retained on site. In residential developments,
nuisance water shall be disposed of in a trickling sand filter and leach field or
equivalent system approved by the City Engineer. The sand filter and leach
field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of
landscape area, and infiltrate 5 gpd/1,000 sq. ft.
43. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site or
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
adjacent well sites granted or dedicated to the local water utility authority as
a requirement for development of this property.
44. Stormwater may not be retained in landscaped parkways or landscaped
setback lots. Only incidental storm water (precipitation which directly falls
onto the setback) will be permitted to be retained in the landscape setback
areas. The perimeter setback and parkway areas in the street right-of-way
shall be shaped with berms and mounds, pursuant to Section
9.100.040(B)(7), LQMC.
45. The design of the development shall not cause any increase in flood
boundaries, levels or frequencies in any area outside the development.
46. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
UTILITIES
47. The applicant shall comply with the provisions of Section 13.24.110
(Utilities), LQMC.
48. The applicant shall obtain the approval of the City Engineer for the location
of all utility lines within any right-of-way, and all above -ground utility
structures including, but not limited to, traffic signal cabinets, electric vaults,
water valves, and telephone stands, to ensure optimum placement for
practical and aesthetic purposes.
49. Existing overhead utility lines within, or adjacent to the proposed
development, and all proposed utilities shall be installed underground.
50. All existing utility lines attached to joint use 92 KV, or higher, transmission
power poles are exempt from the requirement to be placed underground.
Underground utilities shall be installed prior to overlying hardscape.
51. For installation of utilities in existing improved streets, the applicant shall
comply with trench restoration requirements maintained, or required by the
City Engineer.
The applicant shall provide certified reports of all utility trench compaction
for approval by the City Engineer.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
STREET AND TRAFFIC IMPROVEMENTS
52. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access
For Individual Properties And Development), LQMC for public streets; and
Section 13.24.080 (Street ' Design - Private Streets), where private streets
are proposed.
53. The applicant shall construct the following off site street improvements to
conform to the General Plan street type noted in parentheses.
A. OFF -SITE STREETS
1) Monroe Street (General Plan Primary Arterial, Option A, 110'
ROW):
Widen the west side of the street along all frontage adjacent to
the Specific Plan boundary to its ultimate width on the east side
as specified in the General Plan and the requirements of these
conditions. Rehabilitate and/or reconstruct existing roadway
pavement as necessary to augment and convert it from a rural
county -road design standard to La Quinta's urban arterial design
standard. The west curb face shall be located forty three feet
(43') west of the centerline, except at locations where
additional street width is needed to accommodate:
a) Bus turnout (if required by Sunline Transit)
b) A deceleration/right turn only lane at the Primary Entry. The
west curb face shall be located fifty-one feet (51') west of
the centerline.
Other required improvements in the right or way and/or adjacent
landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
b) 6-foot wide meandering sidewalk. The meandering
sidewalk shall have an arrhythmic horizontal layout that
utilizes concave and convex curves with respect to the
curb line that either touches the back of curb or
approaches within five feet of the curb at intervals not to
exceed 250 feet. The sidewalk curvature radii should
vary between 50 and 300 feet, and at each point of
reverse curvature, the radius should change to assist in
creating the arrhythmic layout. The sidewalk shall
meander into the landscape setback lot and approach
within 5 feet of the perimeter wall at intervals not to
exceed 250 feet.
2) Madison Street pursuant to Specific Plan 2003-067, Primary
Arterial, Option A*, 1 10' ROW:
No additional street widening is required except at locations
where additional street width is needed to accommodate:
a) Bus turnout (if required by Sunline Transit)
b) A deceleration/right turn only lane at the Primary Entry.
The curb face shall be located fifty-one feet (51') east of
the centerline.
Other required improvements in the right-of-way and/or adjacent
landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs.
b) 6-foot wide meandering sidewalk along the east side of
Madison Street. The meandering sidewalk shall have an
arrhythmic horizontal layout that utilizes concave and
convex curves with respect to the curb line that either
touches the back of curb or approaches within five feet
of the curb at intervals not to exceed 250 feet. The
sidewalk curvature radii should vary between 50 and 300
feet, and at each point of reverse curvature, the radius
should change to assist in creating the arrhythmic layout.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
The sidewalk shall meander into the landscape setback
lot and approach within 5 feet of the perimeter wall at
intervals not to exceed 250 feet.
c) Reconstruct the existing landscaped median at the
Primary Entrance to provide for left turn movements in
and out of the development. The design of the left turn
lane and the median opening shall be approved with the
off -site street improvement plan submittal.
d) Remove existing curb returns located approximately
2,700 feet southerly of Avenue 58 and reconstruct curb
and gutter.
3) Avenue 58 (Proposed General Plan Secondary Arterial, 96'
ROW) — If a proposed General Plan Amendment is adopted by
the City Council, widen the south side of the street along all
frontage adjacent to the tentative tract boundary to its ultimate
width as specified in the Proposed General Plan Amendment
and the requirements of these conditions. The centerline may be
adjusted to accommodate the street improvements.
Rehabilitate and/or reconstruct existing roadway pavement as
necessary to augment and convert it from a rural county -road
design standard to La Quinta's urban arterial design standard.
The south curb face shall be located thirty six feet (36') south
of the centerline, except at locations where additional street
width is needed to accommodate:
a) Bus turnout (if required by SunLine Transit)
Other required improvements in the right-of-way and/or adjacent
landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs.
b) MULTI -USE TRAIL - The applicant shall construct a multi-
use trail with a split rail fence, or other type of fence,
along the south side of Avenue 58 within the required
landscape setback. The location and design of the trail
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OP 16N I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: DULY 6, 2004
shall be approved by the City of La Quinta. The multi -use
trail, trail signs, and the fence shall be completed prior to
issuance of Certificate of Occupancy for the first
residence. Bonding for the fence shall be posted prior to
final map approval. The fence shall be maintained by the
project's Homeowner's Association.
4) Avenue 60 (Proposed General Plan Secondary Arterial, 96'
ROW) — If a proposed General Plan Amendment is adopted by
the City Council, widen the south side of the street along all
frontage adjacent to the Tentative tract boundary to its ultimate
width on the south side as specified in the Proposed General
Plan Amendment and the requirements of these conditions.
Rehabilitate and/or reconstruct existing roadway pavement as
necessary to augment and convert it from a rural county -road
design standard to La Quinta's urban arterial design standard.
The north curb face shall be located thirty six feet (36') north of
the centerline, except at locations where additional street width
is needed to accommodate:
a) Bus turnout (if required by SunLine Transit)
Other required improvements in the right or way and/or adjacent
landscape setback area include:
a) All appurtenant components such as, but not limited to:
curb, gutter, traffic control striping, legends, and signs.
b) 6-foot wide meandering sidewalk. The meandering
sidewalk shall have an arrhythmic horizontal layout that
utilizes concave and convex curves with respect to the
curb line that touches the back of curb at intervals not to
exceed 250 feet. The sidewalk curvature radii should
vary between 50 and 300 feet, and at each point of
reverse curvature, the radius should change to assist in
creating the arrhythmic layout. The sidewalk shall
meander into the landscape setback lot and approach
within 5 feet of the perimeter wall at intervals not to
exceed 250 feet.
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`43
CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
The applicant shall extend improvements beyond the subdivision 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).
54. The applicant shall construct the following on site street improvements to
conform with the tentative tract map or as conditioned below.
A. PRIVATE STREETS
1) Private Residential Streets measured at back of curb line to
back of curb line: 36-foot travel width. The travel width
may be reduced to 32 feet with parking restricted to one
side, and 28 feet if on -street parking is prohibited; and
provided there is adequate off-street parking for residents
and visitors, and the applicant establishes provisions for
ongoing enforcement of the parking restriction in the
CC&R's. The CC&R's shall be reviewed by the Engineering
Department prior to recordation.
B. PRIVATE LANES
1) Private Residential Lane widths shall be as shown on the
tentative tract map. On -site parking shall be prohibited and the
applicant shall establish provisions for ongoing enforcement of
the parking restriction in the CC&R's. The CC&R's shall be
reviewed by the Engineering Department prior to recordation.
Additionally, the applicant shall coordinate with Waste
Management of the Desert for accessibility to residences on
dead -ended portions of private lanes.
C. PRIVATE CUL DE SACS
1) Shall be constructed according to the lay -out shown on the
tentative map with 38-foot curb radius or greater at the bulb to
the layout shown on the rough grading plan.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
55. General access points and turning movements of traffic are limited to the
following:
A. Monroe Street
1) Primary Entry (Monroe Street) - The applicant shall align the
access with access on the east side of Monroe Street. All
movements are permitted.
B. Madison Street
1) Primary Entry — Shall be located at least 1, 060 feet (measured
curb return to curb return) from Avenue 58 to the north and
from the West Development Primary Entry to the south: Full
turn movements are permitted.
2) Commercial Development — Right turn movements in and out
are permitted. Left turn movements in and out are not
permitted.
C. Avenue 58
1) Commercial Development — All turn movements are permitted.
All service entries shall be right turn in and out movements only.
56. All gated entries shall provide for a three -car minimum stacking capacity for
inbound traffic; and shall provide for a full turn -around outlet for non -
accepted vehicles.
Where a gated entry is proposed, the applicant shall submit a detailed exhibit
at a scale of 1 " = 10', demonstrating that those passenger vehicles that do
not gain entry into the development can safely make a full turn -around out
onto the main street from the gated entry.
Two lanes of traffic shall be provided on the entry side of each primary gated
entry, one lane shall be dedicated for residents and one lane for visitors.
Service and secondary entries shall require only one traffic lane.
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45
CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
Entry drives, main interior circulation routes, standard knuckles, corner
cutbacks, bus turnouts, dedicated turn lanes and other features shown on
the approved construction plans, may require additional street widths as may
be determined by the City Engineer.
57. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site -specific data for soil
strength and anticipated traffic loading (including construction traffic).
Minimum structural sections shall be as follows:
Residential
Secondary Arterial
Primary Arterial
3.0" a.c./4.5" c.a.b.
4.0" a.c./6-.0" c.a.b.
4.5" a.c./6.0" c.a.b.
or the approved equivalents of alternate materials.
58. 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.
59. 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.
60. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as
approved by the City Engineer. Improvement plans for streets, access gates
and parking areas shall be stamped and signed by qualified engineers.
CONSTRUCTION
61. The City will conduct final inspections of 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
29
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 — CORAL OPTION 1, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
devices, pavement markings and street name signs. If on -site streets in
residential developments 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 development or when
directed by the City, whichever comes first.
LANDSCAPING
62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks)
& 13.24.140 (Landscaping Plans), LQMC.
63. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
64. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed
landscape architect.
65. The applicant shall submit the landscape plans for approval by the
Community Development Department (CDD), prior to plan checking by the
Public Works Department. When plan checking has been completed by CDD,
the applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner, prior to submittal for signature by the City
Engineer.
NOTE: Plans are not approved for construction until signed by the City
Engineer.
66. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn areas shall be minimized
with no lawn, or spray irrigation, being planed within 18 inches of curbs
along public streets.
PUBLIC SERVICES
67. The applicant shall provide public transit improvements as required by
SunLine Transit Agency and approved by the City Engineer.
QUALITY ASSURANCE
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
68. The applicant shall employ construction quality -assurance measures that
meet with the approval of the City Engineer.
69. The applicant shall employ, or retain, qualified engineers., surveyors, and
such other appropriate professionals as are required to provide the expertise
with which to prepare and sign accurate record drawings, and to provide
adequate construction supervision.
70. The applicant shall arrange for, and bear the cost of, all measurements,
sampling and testing procedures not included in the City's inspection
program, but which may be required by the City, as evidence that the
construction materials and methods employed comply with the plans,
specifications and other applicable regulations.
71. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -
Built" or "As -Constructed" and shall be stamped and signed by the engineer
or surveyor certifying to the accuracy and completeness of the drawings.
The applicant shall have all AutoCAD or raster -image files previously
submitted to the City, revised to reflect the as -built conditions.
MAINTENANCE
72. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC.
73. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping,
access drives, and sidewalks.
FEES AND DEPOSITS
74. The applicant shall comply with the provisions of Section 13.24.180 (Fees
and . Deposits), LQMC. These fees include all deposits and fees required by
the City for plan checking and construction inspection. Deposits and fee
amounts shall be those in effect when the applicant makes application for
plan check and permits.
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CITY COUNCIL RESOLUTION 2004-
TENTATIVE TRACT MAP 31681 - CORAL OPTION I, LLC
CONDITIONS OF APPROVAL - RECOMMENDED
ADOPTED: JULY 6, 2004
75. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at
the time of issuance of building permit(s).
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3�
ATTACHMENT #1
58TH AVF_
SITE LOCATION MAP
250 33
OF9
COUNCIL/RDA MEETING DATE: July 6, 2004
ITEM TITLE: Continued Public Hearing on an
Appeal of Condition Nos. 20 and 66 of
Planning Commission Resolution 2004-031
for Site Development Permit - 2004-804
(James Paul) Appellant: 111 Venture LLC
(c/o Mr. G. Scott Gayner, Managing
Member)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: C2
Continue consideration of the appeal of the Planning Commission approval of Site
Development Permit 2004-804 to July 20, 2004.
BACKGROUND AND OVERVIEW:
On June 21, 2004, the Community Development Department received a letter from
Mr. G. Scott Gayner (the appellant) requesting a continuance to July 20'
(Attachment 1) .
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
2.
Continue consideration of the appeal of the Planning Commission approve of
Site Development Permit 2004-804 to July 20, 2004; or,
Provide staff with alternative direction.
`51
Respectfully submitted,
Development
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1 June 21, 2004 Continuance Letter
12 2
06/21 /2004 15 : 11 TEC VOLT. CONSULTANTS 1?60??? 1233
Ill 'Venture LLC
400 Goddard
Irvine, CA 92618
ATTACHMENT 1
6-21-04
Jerry Herman ECE 8
Director of Community Development JUN 2 } '
pQ Box 1504 '
La Quinta, CA 92253
RE: Appeal regarding the SDP 2004-804
Dear Jerry,
Please extend and continue nay Appeal of the above referenced SDP to July 201h, 2004,
J. Paul and Y are working on an amicable Agreement, Yt should be entered into by then
and at that time I will send you a letter rescinding my Appeal so we don't take any time
up with the Council.
Thank You,
.00
• G. Scott Gayn
Managing Member
NO. 0?1 002
� *3
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: July 6, 2004 CONSENT CALENDAR:
ITEM TITLE:
A Joint Public Hearing Between the City Council
and Redevelopment Agency to Approve an
Agreement to Sell Real Property Located at 53-185
Avenida Navarro By and Between the La Quinta
Redevelopment Agency and Ruth Torres
RECOMMENDATION:
STUDY SESSION:
PUBLIC HEARING:
Approve an Agreement to sell real property located at 53-185 Avenida Navarro to
Ruth Torres for a purchase price of $165,000 and authorize the Executive Director
to execute the necessary documents to complete the property sale.
FISCAL IMPLICATIONS:
The Agreement would result in the Agency receiving $72,100 from sale proceeds.
The Agency would also issue an $85,000 silent second trust deed loan to insure
that the dwelling is affordable to a very low-income household.
BACKGROUND AND OVERVIEW:
In August 1995 the Agency acquired 50 single-family homes located in the Cove to
secure these units from bankruptcy proceedings filed by the then owner, Coachella
Valley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain
the dwellings as very low-income rental units. Since then the Agency has been
substantially rehabilitating these dwellings to correct deficiencies and improve their
appearance. These costs have been funded from rental income. In February 1998
the Agency directed staff to sell two (2) units per year, first to qualified tenants,
and second, to other eligible very low-income households. Ten dwellings have been
sold to date, 8 to existing tenants and 2 to non -tenant households.
When the Agency initiated relocation activities at the Vista Dunes Mobile Home
Park, staff initiated efforts to identify Park residents who were interested in, and
who may qualify for, purchasing single-family dwellings that were either in the
Agency's rental housing program or featured an Agency sponsored silent second
trust deed mortgage. Staff is contacted by the property manager (in the case of
rental housing program) or realtors (in the case of homes with silent second trust
deed mortgages) when these dwellings are available for sale. Ms. Torres, a Vista
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Dunes resident, expressed interest in purchasing a home and took the required
actions to qualify for a first trust deed loan. This home then became available, and
upon inspection, Ms. Torres elected to purchase it.
The sale transaction would be structured as other Agency affordable housing
projects wherein an Agency silent second trust deed mortgage would cover the
difference between the market sales price and an affordable first trust deed
mortgage. The proposed purchaser is not an existing tenant; however, this
property was vacant and the buyer is a very low-income household. If this sale is
authorized, the unit will be sold for the market value of $165,000, with the buyer
funding a 12% down payment and a private lender originating a $60,000 first trust
deed mortgage (the maximum loan the homebuyer can obtain). The Agency would
convert $85,000 of equity into a silent second trust deed loan. This unit has been
substantially rehabilitated and therefore, can be counted toward the Agency's
inclusionary housing requirement. The Summary Report is provided as
Attachment 1.
Public Notice
Notice of this Joint Public Hearing was advertised in the Desert Sun newspaper on
June 22 and 29, 2004, as a 1/8-page display ad.
FINDINGS AND ALTERNATIVES:
Alternatives available to the Agency include:
1. Approve an Agreement to sell real property located at 53-185 Avenida
Navarro to Ruth Torres for a purchase price of $165,000 and authorize the
Executive Director to execute the necessary documents to complete the
property sale; or
2. Do not approve an Agreement to sell real property located at 53-185 Avenida
Navarro to Ruth Torres for a purchase price of $165,000 and do not
authorize the Executive Director to execute the necessary documents to
complete the property sale; or
3. Provide staff with an alternative direction.
Respectfully submitted,
,6.rr7 HermIn"
oVimunity Development Director
02
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Summary Report
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S:\CityMgr\STAFF REPORTS ONLY\PH2 RDA House sale - 53-185 navarro.doc
ATTACHMENT 1
SUMMARY REPORT
FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT
BETWEEN THE
LA QU1NTA REDEVELOPMENT AGENCY
AND
RUTH TORRES
July 6, 2004
INTRODUCTION
This document is the Summary Report ("Report") for the proposed Sale Agreement
("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Ruth
Torres ("Buyer"). The purpose of Agreement is to facilitate the sale by the Agency
of a single-family dwelling to the Buyer.
This Report has been prepared pursuant to Section 33433 of the California Health
and Safety Code ("California Community Redevelopment Law") and presents the
following:
• A summary of the proposed transaction.
• The cost of the sale to the Agency.
• The estimated value of the interest to be conveyed, determined at the highest
and best uses permitted by the Agency's Redevelopment Plan.
• The estimated value to be conveyed, determined by the use and with the
conditions, covenants, and development costs required by the Agreement.
• An explanation of why the sale, pursuant to the Agreement, will assist in the
elimination of blight.
SUBJECT PROPERTY
The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-185
Avenida Navarra within La Quinta Redevelopment Project Area No. 1 ("Property").
The Agency acquired the Property in 1995 to preserve single-family homes that
were affordable to very -low income Section 8 households. These homes have been
rented to said households since 1995. The Property was vacated in the Spring
2004. At the same time the Agency initiated the process of relocating residents
from the Vista Dunes Mobile Home Park. The Buyer, a Vista Dunes resident who
was being relocated, expressed interest in purchasing a home in La Quinta and
subsequently qualified for a first trust deed loan. The Agency then elected to enter
into the Agreement to facilitate this sale.
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THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT
The Agreement will accommodate the sale of the Property to the Buyer, who will
occupy the dwelling. The sales price of $165,000, which represents the fair
market value, will be funded through a combination of the Buyer's down payment
of $20,000, a first trust deed mortgage of $60,000, and the Agency's equity of
$85,000 that will be converted into a silent second trust deed loan. This second
trust deed loan will include covenants to insure that the Property will remain
affordable to very low income -households for 45 years.
History of Property
This Property is part of the Agency Rental Property Purchase Program. In May
1998, the Agency offered these properties first to the existing tenants for purchase
and secondly to other qualified very low income households. This property was
vacated by the previous tenant and the Buyer subsequently expressed an interest in
purchasing the unit. Recently, the Buyer was approved by Total Financial Group for
a mortgage up to the amount of $60,000. The Buyer qualifies as a very low
income household and is relocating from the Vista Dunes Mobile Home Park.
The Cost of the Sale to the Agency
To date the Agency has invested $127,750 in the Property through a combination
of the initial purchase cost ($86,500) and expenses related to rehabilitating the
dwelling ($41,250). Per the Agreement the Agency will sell the Property for
$165,000; of this amount the Agency will receive $72,100 in sale proceeds and
retain a silent second trust deed of $85,000 in order to insure that the annual costs
are affordable to very low income households.
Estimated Value of the Interest to be Conveyed, Determined at the Highest and
Best Uses Permitted by the Agency's Redevelopment Plan
The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that
the Property shall be used for low -density residential development. Based upon
current residential property sales of like dwellings in the Cove market area the
estimated value of the Property is $165,000, given the uses permitted by the
Agency's Redevelopment Plan.
Estimated Value of the Interest to be Conveyed, Determined at the Use With the
Conditions, Covenants, and Development Costs Required by the Agreement
The Agreement provides that the Property will be sold at the current market value
of $165,000, which reflects the fair market value.
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Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist
in the Elimination of Blight
The Agreement does not eliminate blight in that it does not facilitate a transaction
that remedies blight. Instead the Agreement expands that Agency's affordable
housing efforts and increases the community's supply of affordable housing. Prior
to the sale, the Agency substantially rehabilitated the Property extending the
Property's economic life while improving its appearance. Thus, the transaction will
insure the continued affordability of a substantially rehabilitated single-family
dwelling to a very low income household.
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