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2004 12 07 CCe4 4 4 ad4a 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 December 7, 2004 - 2:00 P.M. Beginning Resolution No. 2004-146 Ordinance No. 410 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. CONFERENCE WITH THE CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE COUNTY SUPERIOR COURT, INDIO BRANCH, CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). City Council Agenda 1 December 7, 2004 001 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 1. ADOPTION OF A RESOLUTION CERTIFYING THE OFFICIAL CANVASS OF ELECTION RETURNS FOR THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 2, 2004. A. RESOLUTION ACTION. 2. SWEARING -IN CEREMONY FOR NEWLY ELECTED MAYOR AND MEMBERS OF THE CITY COUNCIL. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF NOVEMBER 16, 2004. 2. APPROVAL OF MINUTES OF NOVEMBER 29, 2004. City Council Agenda 2 December 7, 2004 r 002 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 7, 2004. 2. APPROVAL OF A MEMORANDUM OF UNDERSTANDING M24-006, BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE CITY OF LA QUINTA FOR FUNDING AND JOINT DEVELOPMENT OF STATE ROUTE 1 1 1 STATE IMPROVEMENTS, FROM ADAMS STREET TO JEFFERSON STREET. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32453, HIDEAWAY, ND LA QUINTA PARTNERS, LLC. 4. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON FEBRUARY 2, APRIL 13, JUNE 8, SEPTEMBER 14, AND NOVEMBER 9, 2005, FROM 8:00 A.M. TO 5:00 P.M. 5. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS ON JANUARY 19, MARCH 10, MAY 4, JUNE 29, SEPTEMBER 8, AND NOVEMBER 16, 2005, FROM 8:00 A.M. TO 5:00 P.M. 6. APPROVAL TO DECLARE AN ANIMAL CONTROL TRUCK AS SURPLUS AND TO CONVEY THE UNIT TO THE RIVERSIDE COUNTY SHERIFF'S POSSE/SEARCH AND RESCUE. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY ANDREA MALLEN — DATE OF LOSS: SEPTEMBER 21, 2004. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY ALEXANDER BARKAS — DATE OF LOSS: APRIL 16, 2004. 9. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL BREAKFAST WITH SANTA SPECIAL EVENT. BUSINESS SESSION 1. CONSIDERATION OF "CONCERT UNDER THE STARS" SERIES HOSTED BY THE CULTURAL ARTS COMMISSION. A. MINUTE ORDER ACTION City Council Agenda 3 December 7, 2004 003 2. CONSIDERATION OF CITY COUNCIL REORGANIZATION AND STANDING COMMITTEE APPOINTMENTS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF TEMPORARY CLOSURE OF MONROE STREET BETWEEN AVENUE 58 AND AVENUE 60 TO ACCOMMODATE MAJOR RECONSTRUCTION. A. MINUTE ORDER ACTION 4. CONSIDERATION OF FUNDING THE 2-1-1 SOCIAL SERVICES HOTLINE. A. MINUTE ORDER ACTION 5. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING SECTION 1 1.08.005 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO ALLOW THE CONSUMPTION OF ALCOHOL AT SilverRock RESORT. A. READ BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING OF ORDINANCE NO. B. INTRODUCE ORDINANCE NO. ON FIRST READING. 6. * * CONSIDERATION OF NEIGHBORHOOD PETITION PROPOSAL TO CUL-DE-SAC FIESTA DRIVE AT THE JEFFERSON STREET INTERSECTION. A. MINUTE ORDER ACTION * * PLEASE NOTE - THIS MATTER WILL BE HEARD AT THE 7:00 P.M. SESSION. STUDY SESSION 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 (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 004 City Council Agenda 4 December 7, 2004 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. CULTURAL ARTS COMMISSION MINUTES OF OCTOBER 14, 2004 17. INVESTMENT ADVISORY BOARD MINUTES OCTOBER 13, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF REDEVELOPMENT AGENCY PROJECT AREA(S) AND LA QUINTA PLANNING AREA TO THE SOUTH EAST. 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 - LA QUINTA MIDDLE SCHOOL ART WALL PRESENTATIONS City Council Agenda 5 December 7, 2004 005 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. 1. "PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2004-526; 2) CONSIDERATION OF GENERAL PLAN AMENDMENT 2004-103 AND ZONE CHANGE 2004-122, TO REPLACE ± 159 ACRES OF LAND DESIGNATED VERY -LOW DENSITY RESIDENTIAL WITH A LOW -DENSITY RESIDENTIAL DESIGNATION; 3) GRIFFIN RANCH SPECIFIC PLAN 2004-074, FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 303 RESIDENTIAL UNITS; 4) TENTATIVE TRACT MAP 32879, TO SUBDIVIDE ± 199 ACRES INTO 303 RESIDENTIAL LOTS AND OTHER AMENITY LOTS, FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF AVENUE 55 ALIGNMENT, AND ± 1 /4 MILE WEST OF MONROE STREET. APPLICANT: TRANSWEST HOUSING. A. RESOLUTION ACTION(S) * * PLEASE NOTE: THIS HEARING WILL BE CONTINUED TO DECEMBER 21, 2004. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION(S) AND FIRST READING OF AN ORDINANCE REGARDING: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-470; 2) CONSIDERATION OF GENERAL PLAN AMENDMENT 2003-091 AND ZONE CHANGE 2003-112 FOR THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 FROM LOW DENSITY RESIDENTIAL TO MEDIUM -HIGH DENSITY RESIDENTIAL AND THE SOUTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 FROM OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL; 3) SPECIFIC PLAN 2004-071 FOR DEVELOPMENT PLANS AND GUIDELINES; 4) CONDITIONAL USE PERMIT 2003-074 TO ALLOW A SENIOR RETIREMENT COMMUNITY; AND 5) SITE DEVELOPMENT PERMIT 2003-762 FOR DEVELOPMENT PLANS TO CONSTRUCT 216 INDEPENDENT LIVING UNITS, 20 ASSISTED LIVING UNITS, 18 DEMENTIA CARE BEDS, AND 20 SKILLED NURSING BEDS LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET 11� City Council Agenda 6 December 7, 2004 AND AVENUE 50. APPLICANT: WESTPORT LA QUINTA, L.P. A. RESOLUTION ACTION(S) PACIFIC RETIREMENT SERVICES AND B. WAIVE FURTHER READING AND READ BY TITLE ONLY ORDINANCE NO. C. INTRODUCE ORDINANCE NO. ON FIRST READING. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on December 21, 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 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, December 7, 2004, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, December 31 2004. DATED: Friday, December 3, 2004 aqtA_-_'� JUNE S. GREEK, CMC, City Clerk City of La Quinta, California City Council Agenda 7 December 7, 2004 007 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 8 December 7, 2004 PRESENTATION: I �ZSep OF'T�9� COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Adoption of a Resolution Certifying the Official Canvass of Election Returns for the General Municipal Election held November 2, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution certifying the official canvass of election returns for the General Municipal Election held November 2, 2004. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council meeting of June 1, 2004, the City Council adopted Resolution No. 2004-059 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA. The Certification of Election Results for the above entitled election, provided by the Riverside County Registrar of Voters, is included as Exhibit A to the resolution. 009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution certifying the official canvass of election returns for the General Municipal Election held on November 2, 2004; or 2. Do not adopt a resolution certifying the official canvass of election returns for the General Municipal Election held on November 2, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, LI�M win %W.r7l,eek, City Clerk—" Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Riverside County Registrar of Voters Certificate of Election Results 2 010 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON THE SECOND DAY OF NOVEMBER, 2004, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, a General Municipal Election was held and conducted in the City of La Quinta, California, on Tuesday, November 23, 2004, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; candidates were nominated to fill the vacancy or vacancies as provided by law; the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to General Law cities and the Charter of the City of La Quinta; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to the City of La Quinta, and said results are received, attached and made a part hereof as Exhibit "A"; and WHEREAS, said General Municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: One (1) Mayor of the City Council of said City for the full term of two years; Two (2) Members of the City Council of said City for the full term of four years; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: . SECTION 1 That the names of person(s) voted for at said election for Mayor of the City Council of said City are as follows: DON ADOLPH Oil 3 Resolution No. 2002-155 Results of Election of November 2, 2004 Adopted: Page 2 SECTION 2 That the names of persons voted for at said election for Members of the City Council are as follows: KEN NAPPER LEE M. OSBORNE STANLEY SNIFF ROBERT G. COX SECTION 3 The City Council does declare and determine that Don Adolph was elected as Mayor for the full term of two (2) years; and Lee M. Osborne and Stanley Sniff were elected as Members of the City Council for the full term of four years. SECTION 4 That the City Clerk shall immediately make and deliver to each of the persons so elected, a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 5 That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7" day of December, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2002-155 Results of Election of November 2, 2004 Adopted: Page 2 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 013 5 NOV-24-2004 WED 05:49 PM FAX N0, P. 02/03 t . `' • ° 2724 Gateway Drive few-,<fff�;f` Riverside, CA 02507-0918 DARBARA DU NMORE '� (951) 486-7200 FAX (951) 486-7272 Registrar of Voters web site www.v4Eeinfo,nct REGISTRAR OF VOTERS COUNTY OF RIVERSIDE CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) 55. County of Riverside ) I, BARBARA DUNMORE, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301,15372, and 15374 of the Califomia Elections Code, and the resolution adopted by the City Council, i did canvass the returns of the vote cast on November 2, 2004, as part of the Consolidated General Election in the Cr'rY OF LA QUINTA and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election in said City and in each precinct therein, and that the totals as shown for each candidate are full, true, and Correct. Dated this 241' day of November 2004 DARBARA DUN ORE Registrar of Voters 014 h� ri �+ a � O e C CL �o d a V Q d Ci � � N W J W U O � a � C co co eLy Q in o v � v T O � a a. a d In C d U CL o C 0 v o zA o�wso ry i gw In m cm w O �V a 0 m co 0 U d Z W W w cc 2qMIX � �W�g�=� o a LL N.LJILL jYA U -2 to --2 n z0 'd � � d O 4 d ,3 C d CL IL Q m m E m F- .a O U .p 0 V a► z° 0 N'! Y � a v a � U 0 O c.i a z} ,ON Xdd a Im CFO O � � w � u c �U .40f U 0. O m df 4 E cs C � V C 0 U $ Z: �M M M Ov r r u ao M O to N &d T a c� oX a im y ru o N a Z CA 3 L) g (� v d� Lu Z V 70 ... = CL J o 41 E Ram zad C z c�ac) �� O�mY�Nal r-ui 4P'7riN � r r � tD P! 1r- l� 1Q ID M r T 01N�vCDW)do W. poi' 4 , w G o (L` f. N W o v W � CD D � n' O V %Wray pwV) w o; eV � o r m r/ u V 91. b O Q A Q V U d r Cy Z 0 s It v � N O � d 3 C n`. o g m V a 0 W o 0 Mau wWoz�z ® y o �d��Wodwo c� � w>z"s=9�mZ$Z as as aa4 0. VygQV� v 7 w dZ UZ� Y Z -im' f�0 re<F=2 Z w wd e t : 50 Now vooz-sz- t� �i m ri60 0 ui6 N Q��ll r T ��gTll V% �VL1`7Olt nCLw Y7 r dl c 0 E a M to w c uj .� c* E t7 v c U 7LU a tam ti00 _ a: w v z�O 0 o yVdmO�Y A m to F, zz Z w 0 20UY��U :�� h M ml00 � o N m N 1 y� vi c � a v m d 4 tY � U � d 0 C e � y N N [D 0 N 3 C a m CL a a 12 U va o oa C W to c oCA in -q o m 0 Q D u u o u w 0. W At c m m � R � V O N z z� e*aRe N N m edeiN� 10 v1Pi00 CD T .3 V a E a ® o ev C. E a ii0. U U. z X o dv Zoim ' .Q �oaa� t v E dW=M z i le 60 'd W N e O � V r CL w w •o N n E w m Q LL � m 0 WmIQi, 0 o U O J W 5 0=< � z A�< r� An goo N N N N tD e�f IO�Q�1� o OWO�m17N N c V � •V 0 0. c O :: _m J uiz U6 U m. p o V C4 Z Z_ �a dC) E x 0 ly W LJ U � E°1 a` c JR a E I U o V w w Juu fr o 1EU �W�0 a. � Q Ut'ro ,ON XVA M c" i (p a y- 0 h M Kid V o M Pi O' N ti I 4,1 CL Cd do M y U WW to Z 4 Y ui � aw �Q > m N NT �? 1? 11O) 0 44 � N] O N W Z A a o. u � � b � VQ y A a o �z 4t:er- � OV- V- T T r W N V- O C Y7 Q V L d 4► a 0 w C a U U U W w Q E zm�> U.a9a i U },6 V Wd 91:90 NOW POOZ-6Z-AON U m v d v � U � U m v m =d �d a 10 C U �V NOV-30-2004 TUE 12:50 PM FAX NO. P. 02 11129/04 9:45 AM November 2, 2004 "*Grand Totals g8OOO�9 CD a V � ' o c .. m r STATE 16751 12lS31 7S A 861h CwVo* lionbl DMIAc1 16751 1 ZG31 y5.1 37111 Sm W01 waldd 16073 12410 75.' S"Wdill Diebid 223 213 931 6111 Aliomhly Distnd 03 02 88.' Wh AtfanoWy 0161fiCt 16658 12! 75.E 4a11 SupE RviSORIAL DISTRICT 147 li 12G31 75: City of Le Oulnib 1G751 12031 751 RIVERSIDE COUNTY Statement of Vote 517 of 636 PRESIDENTIAL CONSOLIDATED GENERAL 017 ic NOV-30-2004 TUE 12:50 PM FAX NO. P. 03 11129/04 9;45 AM Novembcf 2, 2004 RIVERSIDE COUNTY Statement of Vote 518 or r>3a PRESIDENTIAL. CONSOLIDATED GENERAL •`•Ab-.-,cnlee Tolais 9800073 - 0 Y 0 A ° s H > n pG m WATIE 16751 y171 32,66 4403 4M Conwassonw Di-.Vd 14111, 5471 3260 4422 37th Spnowdal DmIdd 16523 54fia 3302 4463 4 th SaAAW01 GlmlriG 229 is 6.56 1 64th Asstmay NrArld 93 0 960 501h /lswnAAy 016ul l 14650 5162 3270 M8' lth SuPER%ASOaIAL DISTRICT 16751 5471 32.66 Icily of 1.9 a+inu 15751 601 32 66 44 10 NOV-30-2004 TUE 12:50 PM 11129M4 9:45 AM November 2, 2004 198WO73 t40Q1. Ab"f4w M002 to QUINTA 44002 . Ab"r1188 94003 LA UANTA 44003 . Abowd" 44003 - Aburd" "ON LA QUIWA 440M - Absot- 44M U1 QtANTA 44009 • Absadw 44010 to ONINTA 44010 . AbownWo W12 LA QUIWA 44012 . AbNMM 44015 LA QUINTA 4 615 . Ak"(A" 44016 LA QUINTN 44016 . Ab.uAb. 4401 a tw QWNYA 44010 • Absentee 44022 LA QWNYA 44022 • Absentee 44027 LA (MNTA 44M • Absada 44028 LA WNTA 44028 . Abeer0A6 46029 to auiNTA 44022 . Aburnbe 44030 LA QUINTA 440a0 . Absorded Prndrx4 TdAk Abs*nlae Tolels FAX NO. RIVERSIDE COUNTY Statement of Vote PRESIDENTIAL CONSOLIDATED GENERAL, CITY OF LA OUINTA z a T e C A ~ r 0- Cc ea m 73 UA SG 97 9 0.68 t ilia 532 44 67 1710 WO 29.24 409 I$01 710 47, 550 1501 480 22.51 390 1571 a24 441 571 1571 5M 22.34 1369 489 3512 1484 582 37,94 140A 671 45.22 1795 732 4293 1705 476 24.29 I88 733 38.95 144 l'0] 37.50 163 789 4161 1835 4424A7 730 317 4219= 734 144 19.51 1574 617 39 2( 1574 404 30.7! 1W 432 4064 1003 463 43.51 22sl 198 le.al 10761 547 10751 1263 51 G z 0 v � � W u t o S. x Jii ~c ui 09 all 11 12 21 14 21 14 11 11 1 206 3 $ 214 3 ,a 24 a 1020 ' 121 205 238 to r 105 102 152 51 1 51 53 73 22 184 237 307 03 2 131 201 275 71 0 11 197 247 1 123 21 280 6 5A 74 103 Z8 0 3 7 1 0 rsu�fieir:nI 7umout to Protect Voter PrlvBey 29i 945 1 P. 04 5190638 019 11 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 7, 2004 BUSINESS SESSION: ITEM TITLE: Written Correspondence from the Children's CONSENT CALENDAR: Discovery Museum of the Desert STUDY SESSION: PUBLIC HEARING: W � : BACKGROUND AND OVERVIEW: The Community Services Department has received a funding request from the Children's Discovery Museum of the Desert (CDMD) to fund the 2005 Discovery "Duck Pluck" to be held on Saturday, April 16, 2005 at The River in Rancho Mirage (Attachment 1). Organizations making funding requests of this nature have previously been directed to submit Community Services Grant Applications for consideration at the February 1, 2005 City Council meeting.. Per City Council direction, funding requests are to be considered at the first meetings of August and February of each fiscal year. The Community Services Department has received several calls from organizations expressing interest in submitting funding requests for consideration at the February 1, 2005 meeting. Staff informed Mr. Sheldon Robinson of CDMD of the grant process. He was concerned that waiting until February would preclude the City being listed as a sponsor on printed material, as that material is scheduled to be printed at the end of December. The options available to the City Council include directing staff to contact CDMD and have the organization apply for grant funds through the regular process, or direct staff to place this item on the December 21 agenda for consideration. 020 Respectfully submitted, Attachment: mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Information from CDMD 2 021 Men ATTACHMENT 1 CD November 2004 The Children's Discovery Museum of the Desert invites you to support the 4'hannual Discovery Duck Pluck! The Discovery Duck Pluck is our largest fundraising event of the year. Your support is greatly needed in order for us to continue providing the many wonderful programs, classes and special events that we do provide for the many children and their families that attend the Museum. Enclosed in this packet you will find ways you can get involved. Please take your time to review the enclosed material provided to help you decide your level of involvement. Please support the Children's Discovery Museum of the Desert. You can make the difference in the life of a child! 00 3 Cove Communities/Anita B. Richmond Children's Discovery Museum of the Desert 022 71-701 Gerald Ford Drive, Rancho Mirage, California 92270 Telephone: 760 3210602 Fax: 760 321 1605 SPONSORSHIP OPPORTUNITIES Funds raised willb weft Chit &Ws DiscomyM umm ofAe Derat's e&xa&xdprqV=n and eknes aid proWk flekb* mW &Y ewr schakwshO for the less admmWed children In the Coachella Valley. PINTAIL DUCK„SPONSOR - $2500 Logo on brochure Logo on T shirts Logo recognition in all press release/public relations mailingsI MOD newsletter Display corporate banner at event (ff provided) Name recognition at event by emcee and on sponsor boards Include your coupon or handout piece in each giveaway bag One Corporate Duckorated Duck entry Website Recognition and link to your website DISCO DF&K E1000 Name recognition in brochure (10, 000 copies) Naive recognition on T shirts Name recognition in CDMOD newsletter Name recognition at event by emcee and on sponsor boards Company promotional material available at event Include your coupon or handout piece in each giveaway bag Display corporate banner at event (if provided) Sponsor acknowledgement on all press release/mailings/CDMOD newsletter/website RUBBER DUCKY - SS00 Name recognition in brochure (10, 000 copies) Name recognition at event by emcee and on sponsor boards Name recognition in CDMOD newsletter Include your coupon or handout piece in each giveaway bag Sponsor acknowledgement on all press release/mailings/CDMOD newsletter/website E QMQ LWE SPON50M Sponsorship opportunities are the same as listed above based on prize value equivalent All prize sponsors will receive name/logo recognition at event Sponsor acknowledgement on CDMOD website CURPQRATE DT,JCKor tingENIRY - S150 Have fun, advertise your business in a creative way, and help out at the same time! Recruit a team of employees to decorate a decoy -size duck for your company! Ducks will be displayed and judged at the event. Our panel of distinguished judges will award 3 prizes in each of thefollowing categories: Best of Flock (Corporate), Most Quackative ("creative " in duck -speak), Daffiest Duck Receive 12 Duck Pluck Entries Guidelines for "decorating" will accompany each decoy duck. n 024 , Til 0 I m l A wPg"n WrNI'lh 4� _Nlli 'IMTIR�IIAIIII�l i 'gg 04 MK ina, LR "A a gi� W. A, v 'A Y T' A g � IN, 7N ��t.::x s5�; :r.j 3 a "''t� � >`'+. a.y r r,,.!e .4>t ,� -:�. � � � ` � ' + K ti�sx�� r, ° ' aY r3 -r �.; �� r v 4 MAN V� SMI M� Nrl I'p R I Wl`,��'Ill 8_� k g Rl Nvi N' WQ , 6-4-RA w Mnl' 5 Z" Ai� N 51 1., "t vgzq W_C� -YV -4. U', g5t i IlUkINI"I'll kh"' ---------- 'A a 1 8 9 0 re I tg t. MUM 0000 TQ•c oIL"-115: 4 `�`o • V IW,01fr7ED 9w5 AGENDA CATEGORY. OF TY� COUNCIL/RDA MEETING DATE: DECEMBER 7, 2004 ITEM TITLE: Demand Register Dated December 7, 2004 BUSINESS SESSION CONSENT CALENDAR / STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated December 7, 2004 BACKGROUND: Prepaid Warrants: 61065 - 610661 323,000.00 61067 - 610961 206,554.25 61097 - 611271 165,355.14 61128 - 611321 61,083.00 61133 - 611651 177,586.09 VOIDS) (13,402.50) Wire Transfers) 443,140.64 P/R 32406 - 324321 144,543.22 P/R Tax Transfers} 39,089.75 Payable Warrants: 61166 - 613291 803,875.96 FISCAL IMPLICATIONS: Demand of Cash - City Dema of C h - RDA $2,3505825.55 $19436,559.32 $914,266.23 4W6 �� John1W.'Falconer, Finance Director 027 � CITY OF LA QUINTA BANK TRANSACTIONS 11/11/04 - 12/02/04 11 /15/04 WIRE TRANSFER -VISTA DUNES $9,940.00 11 /24/04 WIRE TRANSFER - VISTA DUNES $17,000.00 11 /29/04 WIRE TRANSFER - VISTA DUNES $39,383.00 11 /30/04 WIRE TRANSFER - VISTA DUNES $26,000.00 12 /01/04 WIRE TRANSFER - LANDMARK GOLF $245,052.26 12 /02/04 WIRE TRANSFER - VISTA DUNES $35,000.00 11 /05/04 WIRE TRANSFER - ICMA $7,684.36 11 /05/04 WIRE TRANSFER - PERS $13,147.75 11 /05/04 WIRE TRANSFER- PERS HEALTH INSURANCE $49,933.27 TOTAL WIRE TRANSFERS OUT $443,140.64 r-%00 1 1 0In I 1 co M O O O O O N O O O M O ON O \ 1 Y J 1 0% O In O O O O M O O 0 1.0 O Ol O LA 1 uQ 1 O I W H I O V\ O O 1 S O 1 r• 0% NO V% 0 co -t I` N LA N pn NO 00 LA W N CC I u F- 1 V• %O M r- f- N -t co ti (9 W I 1 Q co I 1 r- r- r- r• r a Z 1 I o n 1 1 O Z a: h- I 1 W W I 1 C. 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I 1 �O H 1 tL 1 Q 1 W Cc 1 u 1 >E W.Z 1 O �1 Zu 1 O Q 1 =) I N I- I GC O 1 \J Z 1 0 > I O ck ►+ I p 1 e- Fn 1 Z I \M C'1 t W 1 V-Z I > I �C7Q 1 1 J 1 1 W 1 ItJSu. 1 Ou 1 IBC Q O 1 z " I 4c 1 00 1 /L>z I W O 1- 1 z Z 1 GC gz H I W Is. Is, I > 1 M M M M Ic It -k Z Q W IC oC �t N O=* 0 ►4 _ � O O Z J H in Iu Q z z c. I- W W X O z >WF- W u J p Q Q Z 9L O W H O Ix 0 r-� c.� Q Z �t rA r M %O J 0 s zo w O W O m NO M O O %O 0 N ti M O qr-O 00 O N O � 56 08 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Approval of a Memorandum of Understanding M24-006, Between the Riverside County Transportation Commission and the City of La Quinta for Funding and Joint Development of State Route 1 1 1 Street Improvements, From Adams Street to Jefferson Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Memorandum of Understanding (MOU) M24-006, between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Adams Street to Jefferson Street. FISCAL IMPLICATIONS: The proposed MOU memorializes RCTC's commitment to allocate Measure A funding, in an amount up to $1,860,635,00, toward street improvements within the State right-of-way on Highway 1 1 1, from Adams Street to Jefferson Street. Subject to its right to review and approve expenditures, RCTC will reimburse the City upon completion of the project or in accordance with the phased reimbursement schedule approved by CVAG. CVAG's phased reimbursement schedule allocates $100,000 during Fiscal Year 2003/2004 and $100,000 during Fiscal Year 2004/2005, $96,101 during Fiscal Year 2005/2006, $400,000 during Fiscal Year 2006/2007, $500,000 during Fiscal Year 2007/2008, and $664,534 during Fiscal Year 2008/2009. Considering the project's local priority, the City Council chose to accelerate project activities by advancing the project's funding within the City's adopted Capital Improvement Plan for Fiscal Year 2004/2005. 084 083 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Memorandum of Understanding (MOU) M24-006, between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Adams Street to Jefferson Street; or 2. Do not approve a Memorandum of Understanding (MOU) M24-006, between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 1 1 1 Street Improvements, from Adams Street to Jefferson Street; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy ona s n, P.E. ublic Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. RCTC/City MOU 3 085 ATTACHMENT 1 Agreement No. M-24-006 MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA 1. Parties and Date. 1.1 This Agreement is executed and entered into this day of , 2004, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ('RCTC') and THE CITY OF LA QU NTA ("CITY'). 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 8, 1988 the Voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1 /2%) retail transactions and use tax (the "tax") to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan allocates 20 million dollars for the construction of improvements along Route 111 from Ramon to Indio Boulevard in the Coachella Valley (the "Highway 111 Funds"). 2.4 Pursuant to Public Utility Code Sections 240000 et seg., RCTC is authorized to' allocate the proceeds of the Tax in furtherance of the Plan. 2.5 The City, RCTC and Caltrans are planning certain improvements along State Highway 111 with the City of La Quinta. 2.6 RCTC has determined that the improvements referenced in Section 2.5 above and described more fully herein qualify for Highway 111 Funds. 2.7 RCTC intends, by this Agreement, to allocate Highway 111 Funds towards the construction of these intersection improvements, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. AJW681474.1 • a1 • e r 3. Terms. 3.1 Description of Improvements. This Agreement is intended to allocate Highway 111 Funds to provide funding, design and other services for authorized portions of the Route 111 improvements currently being planned on Highway 111, from Adams Street to Jefferson Street, within the City of La Quinta (the "Project"). The Project is more fully described in Exhibit "A" attached hereto and, pursuant to Section 3.3 below, is subject to modification as requested by the City and approved by RCTC which approval will not be unreasonably withheld. It is understood and agreed that the City shall expend Highway 111 Funds only as set forth in this Agreement and only for the Proj ect. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC. 3.2 Funding Amount. RCTC hereby agrees to allocate to the City, on the terms and conditions set forth herein, a sum not to exceed One Million Eight Hundred Sixty Thousand Six Hundred Thirty Five Dollars ($1,860,635.00) for project development, right of way acquisition, and construction costs ("Funding Amount"). It is also understood and agreed that 100% of the proposed improvements will be installed within the existing State right-of-way. Therefore, the Initial Funding Amount represents one hundred percent (100%) of the estimated Total Project Costs, as defined in Sections 3.14.1 and 3.14.2 below. This cost/funding allocation percentage ("Cost/Funding Allocation Percentage") is subject to an adjustment pursuant to Section 3.14.3 below. In addition, the Funding Amount is subject to an adjustment pursuant to section 3.14.5 based upon the final Cost/Funding Allocation Percentage and the final Total Project Cost. 3.2.1 Increased Funding. Notwithstanding any provision of this Agreement to the contrary, the Funding Amount will not exceed $1,860,635.00 for any reason, including but not limited to cost increases or delays, unless (i) additional Measure A funds become available for projects within the Coachella Valley; (ii) the Coachella Valley Association of Governments ("CVAG") directs RCTC to disburse a portion of the additional available funding to reimburse the City for increased Project costs; and (iii) the proposed increase is approved in writing by RCTC's Executive Director. 3.3 Responsibilities of Parties/Project Description. The responsibilities of the City and RCTC with respect to this Agreement and the successful completion of the Project are described in Exhibit `B", attached hereto and incorporated herein by reference. Changes to the characteristics of the Project and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC's Representative, which approval will not be unreasonably withheld. 3.4 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the date the City provides a written Notice of Completion to RCTC, until termination of this Agreement pursuant to Section 3.9 or until June 30, 2009, whichever occurs first. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. AJW681474.1 5 087 3.5 RCTC's Representative. RCTC's Executive Director, or his or her designee, shall serve as RCTC's Representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. RCTC's Representative shall also review and give approval, as needed, to the details of the City's work as it progresses. 3.6 The Ci ..t_epresentative. The City hereby designates Tom P. Genovese, City Manager, or his designee as the City's Representative to ROTC. The City's Representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all phases of the Project under the City's responsibility. The City shall work closely and cooperate fully with RCTC's Representative and any other agencies which may have jurisdiction over or an interest in the Project. 3.7 Standard of Care; Licenses. The City and RCTC represent and maintain that they shall implement the Project in a skillful and competent manner and shall only involve in the Project persons or entities skilled in the calling(s) necessary to perform all services, duties and obligations required to fully and adequately complete the Project. 3.8 Review of Services. The City and RCTC shall allow RCTC's Representative and City's Representative, respectively, to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 3.9 Termination. 3.9.1 Notice. Either RCTC or City may, by written notice to the other party, terminate this Agreement for cause in whole or in part at any time, by giving written notice to the other party of such termination and specifying the effective date thereof. Upon receipt of a written notice of termination, RCTC or the City, respectively, shall cease expenditure of funds which are expected to be reimbursed with Highway 111 Funds pursuant to this Agreement. 3.9.2 Effect of Termination. Upon termination by RCTC or the City, RCTC shall allocate Highway 111 Funds towards the Project improvements satisfactorily completed through the date of termination. Such allocation shall be determined by multiplying the Cost/Funding Allocation Percentage (which shall be subject to adjustment pursuant to the procedures outlined in Section 3.13.3) by the amount of the Total Project Cost, as defined in Sections 3.13.1 and 3.13.2, incurred prior to the date of termination. The City shall provide documentation deemed adequate by RCTC's Representative to show the Project Costs incurred and Project improvements actually completed prior to the date of termination. This Agreement shall terminate seven (7) days following receipt by the City of the written notice of termination. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. AJM\681474.1 3.10 Prevailing_ Wages. The City and RCTC and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et sue., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City or RCTC, as applicable, shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform services on the Project. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et se . RCTC shall defend, indemnify, and hold harmless the City, its officers, employees, consultants; and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seg. 3.11 Copies of Materials. Each party shall have the right to inspect and to obtain for its record copies of all records and materials which may be prepared by the other party under this Agreement. 3.12 Indemnification. 3.12.1 City Responsibilities. The City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the City or its sub -consultants. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the City. 3.12.2 RCTC Responsibilities. RCTC agrees to indemnify and hold harmless the City, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions, or willful misconduct of RCTC or its sub -consultants. RCTC will reimburse the City for any expenditures, including reasonable attorneys 0 fees, incurred by the City, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of RCTC. 3.12.3 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. RCTC's review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights the other party hereto may hold under this Agreement or of any cause of action arising out such persons, or entities, . performance. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's negligent performance of this Agreement or supervision of any services provided to complete the Project. AJM\681474.1 7 3.13 Insurance. The City shall require all persons or entities hired to perform services on the Project to obtain, and require their sub -consultants to obtain, insurance of the types and in the amounts described below and satisfactory to RCTC and City. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, their officials, officers, employees, agents, and consultants as insured with respect to performance of the serviccs on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC or City, their officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 . Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Payment of Funding Amount. 3.14.1 Total Project Cost. The total Project costs ("Total Project Cost'') shall include the following items: (1) funds expended by in preparation of preliminary engineering study; (2) funds expended for preparation of environmental review documentation for the Project; (3) all costs associated.with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (4) costs reasonably incurred if condemnation proceeds; (5) costs incurred in the preparation of plans, specifications, and estimates by consultants or staff; (6) staff costs associated with bidding, advertising and awarding of the Project construction contract; (7) construction costs, including change orders to construction contract approved by the City and RCTC; and (8) construction management, field inspection and material testing costs. It is understood and AM681474.1 8 090 agreed that these costs may include costs already incurred by the City towards completion of the Project. 3.14.2 Excluded Total Project Cost. The Total Project Cost shall not include the following items which shall be borne solely by the individual parties without reimbursement: (1) City Project coordination costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Project; and (4) expenses for items of work not included within the Project services and improvements in Exhibits "A" and "D". 3.14.3 Cost/Funding Allocation Percentage Determination. The final determination of the appropriate Cost/Funding Allocation Percentage shall be made by the City's Representative and RCTC's Project Coordinator using the guidelines attached hereto as Exhibit "C" and incorporated herein by reference, and the best available cost estimate information from the project design engineer. The determination of the Cost/Funding Allocation Percentage shall be made after the design review process has terminated, but prior to the award of the Project for public contracting purposes. In the event of a disagreement between the City's Representative and RCTC's Project Coordinator regarding the Cost/Funding Allocation Percentage, RCTC's Executive Director and the City Manager shall review the determination and attempt to resolve the dispute. If the City Manager and Executive Director are unable to agree, either party may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding the Cost/Funding Allocation Percentage shall be final. With the exception of funding increases authorized pursuant to Section 3.2.1, the Cost/Funding Allocation Percentage will not be determined in a manner that results in an increase in the Funding Amount. 3.14.4 Payment. The City shall pay for all Project contract costs and consultant and other costs for services under this responsibilities as they are incurred and invoiced, which amounts, if appropriate pursuant to Sections 3.14.1 and 3.14.2, shall be applied towards the Total Project Cost. 3.14.5 Funding Amount/Adjustment. If the Project is completed before June 30, 2009, RCTC's Project Coordinator shall meet with the City's Representative within thirty (30) days following the filing of a proper written Notice of Completion of the Project by the City to determine the Funding Amount. This determination shall be made by multiplying the Cost/Funding Allocation Percentage by the Total Project Cost. The Total Project Cost shall be determined upon completion of the Project. In the event the Project is not completed by June 30, 2009, RCTC's Project Coordinator and the City's Representative shall meet to determine the Funding Amount to be allocated up through June 30, 2009. The City shall not be entitled to any funding pursuant to this Agreement after June 30, 2009. Notwithstanding any increase in the Total Project Cost over the initial estimated Project cost, RCTC's funding obligation will not exceed the amount set forth in Section 3.2, unless a funding increase has been authorized pursuant to Section 3.2.1. 3.14.6 reserved 3.14.7 Pro egr ss Reports. RCTC may request the City to inform RCTC of delays in the Project and provide RCTC with progress reports. AJM\681474.1 9 091 3.14.8 Reimbursement for Expenses. The City shall not be reimbursed, for any expenses unless authorized in writing by RCTC's Representative. 3.15 Change Orders. Any change orders in excess of ten thousand dollars ($10,000) must be reviewed and approved in writing by RCTC and City. 3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or ROTC, during the term of his or her service with the City or RCTC, as the case may be; shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described- herein. RCTC has no obligation with respect to the safety of the Project Site. In addition, RCTC shall not be liable for any action of City or its consultants relating to the condemnation of property undertaken by City for the Project or for the construction of the Project. 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Projector under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The City and RCTC represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 3.21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. Agreement. AJM\6814 74.1 3.22 Time of Essence. Time is of the essence for each and every provision of this 901 10 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City of La Quinta RCTC P.O. Box 1504 Riverside County Transportation Commission 78-495 Calle Tampico 4080 Lemon, P Floor La Quinta, CA 92253-1504 Riverside, CA 92501 ATTN: City Manager ATTN: , Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S, mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.26 Contract Amendment. In the event that the parties determine that the provisions of this Agreement should be altered, the parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement; or their successors or designees. 3.27 Entire Agreement, This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.29 Independent Contractors. Any person or entities retained by the City or any Consultant shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the City or consultant, whichever is applicable. The City or consultant shall pay all AJM\681474.1 093 11 wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. RIVERSIDE COUNTY TRANSPORTATION COMMISSION M Roy Wilson, Chairman APPROVED X-1-o the Riverside County Transportation AA1\681474.1 CITY OF LA QU NTA By. - Don Adolph ay APPROVED AS TO FORM: Lo Katherine Jenson, City Attorney t � i 12 EXHIBIT "A" DESCRIPTION OF SERVICES The proposed improvements will widen Highway I I I to its ultimate General Plan Configuration, from Adams Street to Jefferson Street. This segment of Highway 111 is partially complete to six lanes with raised curb median. The unimproved area represents approximately 3,890 linear feet. Improvements include the installation of one 12' travel lane, 8' shoulder, curb and gutter, 8' sidewalk, 4 handicap ramps, intersection improvements, traffic signal modifications and potentially the acquisition of 15 feet of right of way. The following services will be provided, as necessary, to complete the improvements: 1. Completion of Project Development Activities in accordance with Caltrans Standards and Project Development Guidelines. 2. Preparation of any needed environmental documentation in accordance with Caltrans procedures and State and Federal statutes. 3. All needed right-of-way services and acquisition of property needed for improvements. 4. Construction of improvements as shown in attached Exhibit "D". AJM\681474.1 13 095 RESPONSIBILITIES OF PARTIES RCTC SHALL: Reimburse City with appropriate funding contribution at completion of project or in accordance with the phased reimbursement schedule approved by the Coachella Valley Association of Governments ("CVAG" ). CVAG's phased reimbursement schedule allocates $200,000 during Fiscal Year 2004/2005, $96,101 during Fiscal Year 2005/2006, $400,000 during Fiscal Year 2006/2007, $500,000 during Fiscal Year 2007/2008, and $664,534 during Fiscal Year 2008/2009 for eligible project components. Notwithstanding this reimbursement schedule, RCTC shall not be obligated to provide reimbursement to City in an amount that exceeds the Total Project Cost. Arrive at an appropriate funding allocation for overall Project in conjunction with the City of La Quinta prior to award of construction contract by the City. CITY OF LA QUINTA SHALL: Be responsible for design, environmental clearance, right of way acquisition, obtaining all permits required by impacted agencies prior to start of construction. Be responsible for the bidding, awarding, and administration of the construction contract. Be responsible for all Construction Management of the construction activities including survey and material testing. Arrive at an appropriate funding allocation for overall project in conjunction with RCTC prior to award of construction contract by the City. CHANGES IN RESPONSIBILITIES The specific responsibilities of RCTC and the City as defined in this exhibit maybe changed pursuant to the terms of Section 3.3 of the Agreement. AJM\681474.1 096 14 EXHIBIT "C" IMPLEMENTATION OF POLICY FOR COST SHARING Highway I I I Costs - Measure "A" Share Measure "A" Highway funds will be used to pay for any and all improvements that occur as a result of the widening of Route 111 for the Project, and for which the expenditures by the City are considered part of the Total Project Cost pursuant to Section 3.14.1. Those improvements might include, but are not limited to, additional through lanes, acceleration tapers, deceleration lanes, bus turnouts, utility relocations, street lighting, necessary landscaping to Caltrans Standards, traffic signal installations and modifications, and necessary right-of-way acquisition and services. Right-of-way would be paid for by the appropriate funds dependent upon area of the take, as described below. The intersections between Highway 111 and the cross street shall also be funded with Measure "A" Highway funds. The dividing line between Highway 111 and the cross street is defined as the projection of the Highway I I I right-of-way line across the cross street. In the event of an unclear definition of right-of-way points, a line connecting the cross street beginning and end of curbs will be drawn. If the parties disagree on a right-of-way projection the. curb return limit will be used. The lines will be used as a guide for the design engineer preparing the estimate to calculate appropriate Highway 111 quantities and costs, and appropriate cross street quantities and costs. Costs for the traffic signals that control Highway 111 and cross street will be paid entirely with Measure "A" Highway funds regardless of pole locations in the Highway I I I or cross street defined boundaries. Signalization, for other locations such as entrances to businesses on Highway 111 will also be funded by Measure "A" Highway funds if warranted and agreed.to by RCTC. Cross Street Costs - City Share The City will be responsible for funding any and all cross street improvements. The cross street improvements would include any element of the project that is not included in the Highway 111 costs as defined above. Landscaping Landscaping will be in accordance with State and City standards and will be included in the cost sharing in the appropriate Route 111 or cross street areas. Excessive landscaping will not be paid for with the Measure "A" Highway funds. Excessive landscaping is a subjective measure, but the intent is not to use Measure "A" Highway funds to pay for landscaping in excess of what is appropriate for a typical highway project in the Coachella Valley using Caltrans landscaping design standards. AJM\681474.1 097 15 CONSTRUCTION IMPROVEMENTS The proposed improvements will widen Highway I I I to its ultimate General Plan Configuration, from Adams Street to Jefferson Street. This segment of Highway 111 is partially complete to six lanes with raised curb median. The unimproved area represents approximately 3,890 linear feet. Improvements include the installation of one 12' travel lane, 8' shoulder, curb and gutter, 8' sidewalk, 4 handicap ramps, intersection improvements, traffic signal modifications and the potentially the acquisition of 15 feet of right of way. The following project budget is anticipated: Project Activity Estimated Cost Construction: $8349,000.00 Engineering: $833,400.00. Construction Management: $833,400.00 Construction Engineering ection/Testin Surve : $641,635.00 Right -of -Way: $5839500.00 Sub -Total: $1,648,935.00 Contingency: $2119700.00 Total Estimated Cost and Maximum Reimbursement Amount: $198603,635.00 AJMN681474.1 r �,�,uy 4 � 12"&rA COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32453 is generally located north of Avenue 54 and east of Jefferson Street (Attachment 1). This residential development will consist of 30 lots on approximately 124 acres (Attachment 2). On July 24, 2004, the City Council approved Tentative Tract Map No. 32453. 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 within the time allowed for its conditional approval. os1 / T OFF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 7, 2004 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting CONSENT CALENDAR: J Conditional Approval of a Final Map and Subdivision STUDY SESSION: Improvement Agreement for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32453 is generally located north of Avenue 54 and east of Jefferson Street (Attachment 1). This residential development will consist of 30 lots on approximately 124 acres (Attachment 2). On July 24, 2004, the City Council approved Tentative Tract Map No. 32453. 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 within the time allowed for its conditional approval. 11 091 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 (January 6, 2005), 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: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32453, Hideaway, ND La Quinta Partners, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, W. PSI.. othy onas6bn, P.E. or s Public WDirector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 100 2 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. 32453, HIDEAWAY, ND LA QUINTA 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 32453 is conditionally approved provided the subdivider submits all required items on or before January 6, 2005. 3 101 Resolution No. 2004- Tract Map No. 32453, Hideaway Adopted: December 7, 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 January 6, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December 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 4 102 Resolution No. 2004 Tract Map No. 32453, Hideaway Adopted: December 7, 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 5 103 ATTACHMENT 1 ill 50th AVE z w cn °C z C)uj w o U- P Q oc o 52nd AVE LA QUINTA PROJECT � AREAAIRPORT AVE VICINITY MAP N.T.S. 109 0 ATTACHMENT 2 _0411�. 11 $ bill a< a l ism �a I lip . . its UNA a bb.. �� .. 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R FAIR ,we"P"m TffMvrx I 10 113 CITY of LA QUnvTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32453 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between ND La Quinta Partners, LLC a Delaware limited liability company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider. has prepared and filed a final map 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. 29894-4 (the "Tract") pursuant to the provisions of Section. 66410, et sec. of the California Government Code (the "Subdivision. Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map 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 11AII, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security, shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including 16 114 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgreWhideaway 32453\ONSITE_SIA.doc reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 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 /o) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shal� �e paid TAProject Development Division\Development ProjectMAgreements\SIAWAs in Pro greWhideaway 32453\ONSITE_SIA.doc 1 J separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., 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 3.13., 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 VeThousand Dollars ($5e000 00) ed but t less than Five Hundred Dollars ($500.00) nor more than F 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 at1thhe end TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgreWhideaway 32453\ONSITE_SIA.doc of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of read 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 19 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\hideaway 32453\ONSITE_SIA.doc 117 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one t (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. Sever_ ability• 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. 20 118 TAProject Development Division0evelopment Projects\Agreements\SIA\SIAs in ProgreWhideaway 32453\ONSITE_SIA.doc B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 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 760f777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date ND La Quinta Partners, LLC 81-100 Avenue 53 P.O. Box 980 La Quinta, CA 92253 (760) 391-5072 By: 'qoo Date Title: �5O SGp A 4. /IRP.ttl.scw - A G e a7LL By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date C:Vocuments and SettingsWvargaMLocal Settingffemporary Irrtemet Fi1es%0LK43610NSITE_SWdoc 21 119 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Rw xsNcAle.) ss. * r A Y% L • (41AVN �.r, N�taru � ' On o\i�l'Y1 b tX' L4. before me, l� Date —T' ,/� Name Tide of Officer (e.g., 'Jane Doe, Notary Public") personally appearedy OS� 1►� L - t-ty-ensay%,j Narne(s) of Signers) KATHRYN L. HUNTER Commission # 1382692 Z Notary Public - California Z = Riverside County «.. My Comm. Expires Nov 1, 2006 ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/br* subscribed to the- within instrument and acknowledged to me that he/shle/they executed the same in his/hWthb' , authorized capacity(ies), and that by his/I'Iw/tt*r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Zu bd t V r5�nv �h�.i M Q6r.,� vu Document Date: H . AXE :A Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nabonWriotary.org Prod. No. 5907 Reorder. Call To"ree 1-600-876-M7 22 120 Exhibit A SECURITY — TRACT MAP NO.32453 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 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 Bungalows Precise Grading $ 191,270 $ $ 69191,0 1 Clubhouse Precise Grading $ $ 677,480 299,020 $ ,27270 299,020 Domestic Water $ 99,150 $ 99,150 Sanitary Sewer $ 211,300 $ 211,300 Storm Drain $ 127,610 $ 127,610 Dry Utilities $ 10,000 $ Monumentation Totals $ 1,615,830 $ $ 1,605,830 _ 160,580 Standard 10% Contingencey $ $ 161,580 1,777,410 $ 1,766,410 Total Construction Cost Professional Fees, Design 10% $ 177,740 $ $ 176,640 176,640 Professional Fees, Const 10% $ 177,740 No Plans Contingency 25% $ 444,350 $ 441,600 Bond Amount $ 205779240 $ 2,5619290 23 1�1 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\hideaway 32453\ONSITE,SIA.doc T *4 4 t 4 44" COUNCIL/RDA MEETING DATE: December 7, 2004 Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on February 2, April 13, June 8, September 14, and November 9, 2005, 8:00 a.m. to 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request by the County of Riverside Planning Commission to utilize the Council Chambers for Public Hearings on February 2, April 13, June 8, September 14, and November 9, 2005, 8:00 a.m. to 5:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Planning Commission has requested that the Council Chambers be made available for public hearings on the following days in 2005: February 2, April 13, June 8, September 14, and November 9. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request by the County of Riverside Planning Commission to utilize the Council Chambers on February 2, April 13, June 8, September 14, and November 9, 2005, 8:00 a.m. to 5:00 p.m.; or 120 2. Do not approve the request from the County of Riverside Planning Commission to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building & Safety Attachment: 1. Application Approved for submission by: Thomas P. Genovese, City Manager 123 2 ATTACHMENT 1 flltiC4/ orgaaizatipa; y _ Persom (s) IA iat rge = �j Si �� C �W9, Address :a -]Facility Requested: (�/rir�rl�►:/ TYPe Of gent: Public X .. PriVato ---� . Deacriptxon of Activity, � �le _ 4nZV Size of ".roue:! 50 Time of 17ae: Start (a. /p.m,. ) . �inxala (a.m./p.m.) Total Rour8 of IIse .Certificate of xddiaiobal Insured Attachedr city Tnsurauce Requested: - g�te�tied ; . fee J?a:id z Retv�odable Cleaning. Dapooit 'Paid: Ses$ion Roast = 6200- 0 0 nnci 1. C erat (up to $3 CouaCxl �s�eaca ($4 p�1e) y $300 _ ... _ people pI.uB) � $_ .S00 Total Paid: The undersigned hereby agrees t xde e Of the City of a QuYata zez y zti,X lnt,I mg to he o aai,l:ttiea . Date: Q Signature.- Title.- Redut ired tror*. N / A _ ..nftpom i t Ret xmed Date: N / A - N / A crgS !Ak■■1ldawy tpw vDO eejp![ vrfaaf:�t�en =r th. •r[woa i ljoativw .at �v atAthO�ye oe �nRsRww�..n awrn w.■i pkK■•4R ^=xela� a w .at as s[tlo.r of k" or b+ ■e olt&e*r wlharlr.Ctos Rr4m th& to r#p4- �iaallsa !er Wt1aon.��lae.ti�* ithdb 124 3 COUNCIL/RDA MEETING DATE: December 7, 2004 Approval of a Request by the California Regional Water Quality Control Board to Utilize the Council Chambers on January 19, March 10, May 4, June 29, September 8, and November 16, 2005, 8:00 a.m. to 2:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 19, March 10, May 4, June 29, September 8, and November 16, 2005, 8:00 a.m. to 2:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Regional Water Quality Control Board has requested that the Council Chambers be made available for Regional Board meetings on the following days in 2005: January 19, March 10, May 4, June 29, September 8, and November 16. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request from the California Regional Water Quality Control Board to utilize the Council Chambers on January 19, March 10, May 4, June 29, September 8, and November 16, 2005, 8:00 a.m. to 2:00 p.m.; or 125 2. Do not approve the request from the California Regional Water Quality Control Board to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Direc or of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Application 126 a. ATTACHMENT 1 4 Or"n fation: _. CA'Regional Water Quality Control Board .. ram. iplrson (s) in- Chargt : Robert Perdue Phone (760) 776-8938 �►ddresa_ 73-720 Fred Waring Dr. Ste. 100 Palm Desert, CA 92260 •Facility Requsa.tedt City Council Chambers hype of Event: public X private pescriptioo of Activity; Regional Board Meetings 80 #ate (a) of Use: are AgendaReport y Size of Group s f ins ' of Use: Start P_ :00„ . .Finish (a .m. /p.a.) 2:0� P.M. dotal Sours of Tla• x $ hour = s N /A Qertificate of Additional insured Attached, �. -or- 41ty insurance Requested: Refundable Cleaning Deposit paid: oessim Rocs = $200 �ci2 (up to 55 people) tl a (54 pavple plus) ibtal paid: • -• Fos Paid: g N/A _ $3 00 e: $Soo f N/A N/A *a undersigned hereby agrees to abide by the stiles and regulations at the City of La Quints relati us lic facilities. D4�te z signature, Title: Assistant Executive Officer Do.posit RequireC Fort NIA D*posit Retu =od: Data; N/A 1 A XftZ: 1%& fesaes eipiy the applleaaas a" tke eassewst OR "99"Atle4 same be as eiliaer of tp aseraarise at*ssiaau". xt Na rerees to set as ettiear at ta• eteaoisatias !et raie4 soVlaesties is •ads. t+lsbo wait rmsest •rittes sati&rls&aaOs Ines MO WrOW ee ei/s. r' 127 o`k4 Sep t' INKMX M OF COUNCIL/RDA MEETING DATE: December 7, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval to Declare an Animal Control CONSENT CALENDAR: (D Vehicle as Surplus and to Convey the Unit to the Riverside County Sheriff's Posse/Search and Rescue STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Declare the 1991 Dodge Ram Animal Control truck as surplus, make the finding that the conveyance of the unit is a benefit to the City, and convey the truck to the Riverside County Sheriff's Posse/Search and Rescue. FISCAL IMPLICATIONS: By disposing of the unit, the costs associated with maintenance, storing and insurance for the truck are eliminated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City owns a 1991 Dodge Ram Animal Control vehicle which is being stored at the City yard. It is no longer used by Animal Control and no other City department has a use for it. Staff received a letter (Attachment 1), from the Vice President of the Sheriff's Posse expressing interest in the vehicle. Staff is recommending that the request be granted. The City Attorney's office has reviewed the applicable Municipal and Government Code sections as they pertain to the disposition of property and has determined that as long as the disposal of the unit iza S:\CITYMGR\STAFF REPORTS ONLY\C-6 AC TRUCK.DOC benefits the City (no future expenses for maintenance, storage, insurance etc.), the conveyance to the Sheriff's Posse is lawful. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Declare the 1991 Dodge Ram vehicle as surplus, make the finding that the conveyance of the unit is a benefit to the City, and convey the vehicle to the Riverside County Sheriff's Posse; or 2. Do not declare the unit as surplus and do not convey the vehicle to the Posse; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. Letter from Sheriff's Posse 12� S:\CITYMGR\STAFF REPORTS ONLY\C-6 AC TRUCK.DOC 2 RIVERSIDE COUNTY Coachella Valley Unit November 14, 2004 City of La Quinta Animal Control Re: Donation of Animal Control Vehicle To Whom It May Concern: ATTACHMENT 1 Sheriff's Posse P. O. BOX 2670 • INDIO, CA 92202 The Riverside County Sheriffs Indio Posse / Search and Rescue is very appreciative of your offer to donate your 1991 Dodge 260 Animal Control Truck for the purpose of assisting our unit in search, rescue and recovery in our geographic area, which includes the city of La Quinta. Our tax ID number is 167065 as our unit is a non - profit entity. If you require any further information please do not hestitate to contact me at (760) 345 - 5310. If possible we would like to take possession by December 1, 2004 so that the group may utilize the truck in our yearly Christmas Food and Toy Drive. N.4 LARRY SMITH, SHERIFF 130 3 w OFF COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Denial of Claim for Damages Filed By Andrea Mallen — Date of Loss: September 21, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC NEARING: Deny the Claim for Damages filed by Andrea Mallen, with a reported date of loss of September 21, 2004. FISCAL IMPLICATIONS: The total amount of the claim was $1,591.05. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Andrea Mallen with a reported date of loss of September 21, 2004. (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 131 1. Deny the Claim for Damages filed by Andrea Mallen with a reported date of loss of September 21, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, V�' 'j-- �- , Q - �-- � Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Andrea Mallen, Claim for Damages 2 02 FILE WRH: CLAIM FOR DAMAGES CITY CLM OFFICE city of La s` P.O. Box 1504 ' TO PERSON OR PROPERTY La Quinha, CA 92253 INSTRUCTIONS . 1..Claft for deak injuryb person or b personal property rest be tiled not later than six months after the oa inane. (Gov. Code § 9111) 2. Claims for damages b real property must be lied not later than 1 yearaW the oocumenee. (Gov. Code § 9112.) 3. Read entire daim form before ft 4. See page 2 for diagram upon wNch b locale place of accident. RESERVE FOR FILING STAMP CLAIM NO. R€ C 1E twD SEP 28 Pti 3: 17 G Y• YCLERKQOF �� f 5. This dawn form must be signed on page 2 at bodorrr. 6. AAtlach sepmb sheets, N necessary, to give flop detafs. SIGN EACH SHEET. w' T0: Wie, Of CRY] Date of Birth of inmt Name of rJairriant Opw1on of aaima nt rd& Ma ! l e1i i-)/�NT P4 PHll--�_,�J,, Home Address of Claimant �J and Home Telephone of t�aimant r—+� 8' eta ut&l Palley� )u Ili% 7 = lv0 77I o. Business Address Cha' nt City Sta Business Telephone of aakwnt m ,�7ese�o - X l L3f Give address and Ielephone number lo wft ym deske notices or eormx I IMF.Afions to be sent CWmnfs Social ��9 daim: Seanity No.: When�!rffocrT Y of any city WgAOyees inv�olv�ed in INJURY a DAMAGE. v Date• `en Viam — If Chaim is Eq liable k�denrnily, date daunt served ww1h 1he complaint Date: Where dk! DAMAGE or INJURY occur? Descxbe fuly, and brace on diagram on reverse side of this sheet Where appropriate, give sheet names and address and measurements firm landmarks: Desabe in detail how the DAMAGE or INJURY omwTed. .U-LL elute Why do you darn the city is responsl*? Describe in dotal each INJURY or DAMAGE E rt&-Q.- 133 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE - 3. The amount claimed, as of the date of presentation of this claim, is computed as Mows: Damages incurred to date (exact): Estimated prospeclive damages as far as known: . ge Damage to property .................... $ Expenses for medical and hospital care ..... $ Loss of earnings ........................ $ Special damages for ...................... $ General damages ....................... $ Total.damages incurred b date .......... $ Total amount claimed as of date of presentation of this claim: $ Future expenses for medical and hospital care .$ Future loss of earnings ................... •$ Other prospective special damages ..........$ Prospective general damages ..............$ Total estimated prospective damages .......$ Was damage and/or injury investigated by police? If so, what city? Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to D .GE or INJURY: List al persons and addresses of persons known b have information: NamName Address Phone Name Address Phone DO CTOR AND HOSPITALS. GA) Doctor Address Phone Address Doctor Address Phone o �I aodder�tdaims place on ne READ CAREFULLY — For . East, South, And W 9 diagram name of streets, inducting North, acddentby'M1' and location of yourWor r West indicate place of accident by X and by showing house b 'B-1 and the wide at the time of the accident Y Point of impact by �(.' . numbers or distances to street comers. 9 City Vehicle was involved, designate by Mier W location of City Vehicle when you first saw it, and by'B' location of yourself NOTE:diagram or your vehicle when you first saw City Vehicle; location of below do not fit the situation, attach hereto a proper diagram City vehicle at time of signed by claimant 7E /49--7/-7i-e14742E23 SIDEWALK CURB CURB PARKWAY SIDEWALK rF Signature of Claimant or person on his behalf giving Name: relationship Typed N to Claimant: Date: 47 Hei) y NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov, Code § 91 SO Presentation of a false claim is a felon Pen. Code . Y( §72.) .134 Statement of Incident - September 21, 2004 _ ypere-did-damage-occ�r� Vicious Winds kicked up a 4' by 4' piece of plywood that few across Jefferson Ave, north of Avenue 54, just south of the future Avenue 53 at 6:45 am on September 21, from the Silver Rock Ranch Resort development area. The plywood landed and hit the front right side of the car and bounced/scraped the front right light, hood, windshield wiper and window of the car. I immediately pulled over and called the number on the tentative tract map sign posted just across from the Hideaway development gate. I left a message for the Weiskopf International office (951)830-4596 at that number. There was one car quite a way behind me, which I hoped would stop, but it did not. Northbound Jefferson, just out of PGA west is not heavily traveled at this time of the morning so luckily there wasn't any traffic. I had meeting to attend but left a message on the voicemail of Joe Torres, of Weiskopf, telling him of not only the flying dust, but that I had just gotten hit by the plywood. By this time, Iwas late for z 7:00m meeting at the Desert Sands USD office, so the message Ileft was that I was tied up and would be fi ee at 9:00. I had not gotten a return phone call after my meeting so I called Weiskopf again at 9:45 and within minutes I received a call back. Joe indicated that he had already spoken to the City if LaQuinta and that I was to contact someone there for claim information. When I arrived at my office, I called City Hall immediately and left word for John Reese to return my. call. I visited City Hall myself at 1:15 in the afternoon on 9/21, picking up claim forms and speaking with the City Clerk desk. I called Torre Nissan to see about getting an estimate on the car and they referred me to Indio Collision. I called and set up an appointment. I took pictures of the front of the car. At approximately 3:00, I was able to reach my Insurance carrier (Auto Club of So. California). I left the information .with them and a representative was to call me back on 9/22. The City of La Quinta, is responsible since the plywood came from the City owned and developing Silver Rock Ranch Resort Golf Course, a public course to be opened in Spring 2005. There is much construction and activity coming from behind the fence at this time. Damage to the car consists of a cracked windshield, scraped and dented front hood , right side, and scraped front right headlight of a 2001 Nissan Sentra. (See pictures). The car needs to be repainted, the windshield replaced, the windshield wipers replaced, and the dents repaired. There was no personal injury beyond shattered nerves and perhaps a little anxiety!! ! 13� \ u KI DA2:C)'Cli i N R�Nc�+ Rtx;2r AVeM Lk C-7 5-�q �4pEAW Al L- 136 :5 6 09/28/2004 at 07:41 AM 30362 Job Number: INDIO COLLISION/INDIO, CALIFORNIA THE VALLEY 'S BEST 83-167 HIGHWAY 111 INDIO, CA 92201 (760)775-3390 Fax: (760)775-3392 PRELIMINARY ESTIMATE Written By: Adjuster: Insured: andrea mallen Claim # Owner: andrea mallen Policy # Address: Deductible: Date of Loss: - Day: Type of Long: Evening: Point of Impact: 12. Front Inspect Location: Insurance Company: Days to Repair 2001 NISS SENTRA GXE 4-1.8L-FI 4D SED Int: VIN: 3N1CB51D51L448926 Lic; Prod Date: Odometer: Air Conditioning Rear Defogger. Tilt Wheel Cruise Control Intermittent Wipers Body Side Moldings. Dual Mirrors Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors Driver Air Bag Passenger Air Bag Cloth Seats Bucket Seats Recline/Lounge Seats Automatic Transmission .NO. OP. DESCRIPTION QTY ---------------------------- EXT. PRICE LABOR PAINT ----------------------------------- 1 FRONT BUMPER •2 .Refn Bumper assy 3 Add for Clear Coat 2.8 4 FRONT LAMPS 1.1 5 Repl RT Headlamp assy 1 195.65 0.4 6 Aim headlamps 7 0.5 HOOD 8* Rpr Hood 9 3.0 2.8 Add for Clear Coat 10 FENDER 1.1 11 Blnd RT Fender 12 WINDSHIELD 1.2 13 Repl Windshield Nissan 1 354.12 2.9 14 R&I RT Nozzle 15 R&I LT Nozzle 0.2 16# Refn COLOR TINT&BLEND 0.2 17# Rpr COLOR SAND&BUFF 0.5 1.5 �� 19# Subl FLEX ADDITIVE 1 10.00 X 09/28/2004 at 07:41 AM 30362 Job Number: PRELIMINARY ESTIMATE 2001 NISS SENTRA GXE 4-1.8L-FI 4D SED Int: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------- 20# Rpr cvr car 0.2 --------------------------------------------------- Subtotals =_> 566.77 8.9 9.5 Parts 549.77 Body Labor 8.9 hrs @ $ 40.00/hr 356.00 Paint Labor 9.5 hrs @ $ 40.00/hr 380.00 Paint Supplies 9.5 hrs@ $ 24.00/hr 228.00 Sublet/Misc. 17.00 ---------------------------------------------------- SUBTOTAL $ 1530.77 Sales Tax $ 777.77 @ 7.7500% 60.28 ---------------------------------------------------- GRAND.TOTAL $ 1591.05 ADJUSTMENTS: Deductible 0.00 --------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 1591.05 FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: . ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_-WITH/_ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. 2 v � � �� 1 �_. ___. F - -- ti� -- � �- __ � - � -- _ __ -_ =_ Ani— {, - ♦ • ... � `3 j '� ems' �� - f r -40 a� QUM& Ok COUNCIL/RDA MEETING DATE: December 7, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: By Alexander Barkas — Date of Loss: April 16, 2004 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Alexander Barkas, with a reported date of loss of April 16, 2004. FISCAL IMPLICATIONS: The total amount of the claim was $2,399.05. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Alexander Barkas with a reported date of loss of April 16, 2004 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 14G 1. Deny the Claim for Damages filed by Alexander Barkas with a reported date of loss of April 16, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Alexander Barkas, Claim for Damages 2 147 m 601 FLE WMt CITY CLERK'S OFFICE City of La Quints P.O. Box 1504 La Quota, CA 92253 CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY E.No 1. Claims for deab, k*Ny b person or b personal property aunt be Ned not laler tm * months after . be ocamence. (Gov. Code 3 9112) . 2. Code 911 b real pow* must be Ned not lacer tm 1 year alter be ooc mmm. (Gov. ) 3. Read aft daim form before ffm. 4. Seepage 2 for dagran upon which b locale place of accident. 5. This daim b m must be signed on page 2 st boho L 6. Aflach separate sheets. 9 neoemy. b give Id details, SIGN EACH SHEET. 27 AM11:52 To: vvame ot cm �, d 1 ��i n �C. Dale of Bird of(lainrant _ Name of Claim t a �. 7--1 r�-1 q , 7 meOf Cbi=t lor akal7bo, I NoAddress of Clainaft City and Stale dome Telephone Of ciding Los6 &-las CA 9so3o 6L,09)399-5660 aunts s fwdress of Clabmt City and Stale Business Telephone of Cairtrarlt iq C 1. & 7- Kew- Glw address and vW0w,fKmt er b wft ynu desire MOM or com WicaUM b be sent f ainranf's Soak S %a* No.:, ft aim: Cyv-) 3 9s -S(oS �0 5 �{/ 4 PA SS ��J. alxk 5 64 9 57030 Whets dd DAMAGE or DIJURY o=? Date: # - /& - ov Time: q,'00 A,)l If Chaim is for EgAable kx nv*, give date daimant served with Ihe complaint Dale: - Where cW D"GE or INJURY ocw? Deimos sw and and 80ess and measuternents from IOW= tcs: 8nY CRY employees bvdred b WJRY or on anagram on reverse side of in sheet Where appropriate, give street names DeTto demil�Iaw Ise DAMAGE or INJURY oaurred. y a. .ea-,rn�;n b�tvF.¢ anaC Alta L�oxn�y L�IK:.�i , �.e2e ��.� a� .,�noQma�-s Pv�hv�.e� a•�d-�✓ze c��e r.�c� i ►� J; y{� oY� %►tzz2-k.¢'es . �- d nw�t l n-�o j4- a nd ea,.csed, y11 a j02- du.. 40 ,A.41 ea Q-. .. Why do you dam the aly is respostle? bw� q44, 2oad dwj /p.�hv,(.e shadcic� hive. bey b/oa�o-(�Q nc� ounr l�/�fs S/�o�.d hatle /io P2ab1.�,�. ind;e�.fedZ. uaWa+v 91 aeeI eaai nwMc7 Of W1MAUh. � .!o � was baoke v► shoel�. a•�d mou/rfi'' 1 � `fie .�i2Q aid ;,�.cc as w.e:ee as an all' h,n.Qvrf �4/sd .bee�e v-F-�e /� ✓.t��rl, a2.n : rrfo 4,.n %lnw n SEEW PAGE'ITHIS CLAIWMUST BE SIGNED ON REVERSE SlW The amount claimed, as of the date of presentation of fhis claim, is computed as follm: Damages mcumed b date (exact): - Estimated prospective damages as far as known: Damage to property ..................... $ _ Q3q Expenses for medical and hospital care ..... $ Loss of eamings ........................ $ Special damages for ..................... $ General damages . .................. . Total damages incurred to date .......... s Q A g Q, o s Total amount claimed as of date of preseritetion of this claim: $ Future expenses for medical and hospital pre s Fubn loss of eamings ............... .....S Other prospective special damages .... ......s Prospective general damages ........ ......s Total estimated prospective damages .......s � 399. o5 Was damage and/or injury investigated by police? o N so, what city? _ Were paramedics or ambulance called? Al o N so, name City or ambulance If injured, state date, line, name and address of doctor of your initial visit WITNESSES b DAMAGE or INJURY: List all persons and addresses of persons know b have information: Name ` ?l 1 Cri [•h Address Na �•, , Address Phoney, Name Address1O"e fJJ2'�4'� - x 1 k Phone DOCTOR AND HOSPITALS: Hospital Address Doctor Address .Doctor Address Phone Phone Phone READ CAREFULLY ForaNaodderitdairtrsplace onfollowing iliac yarn name of streets, rduding North, soddentby'A-1' and location of yourself or your vehicle at the lime of lhe-aocident East, South, And West; indicate place of accident by X and by towing house • by Sf and the point of impact by -x- numbers or distances to street corners. If City Vehicle' involved, designate by Mier IN location of City Vehicle when you first saw it, and by 130 location of yoursef NOTE: tidiagrams below do not fit the. situation, attac h-hereto a' or your vehicle when you first saw City Vehicle; location of City vehicle at time of proper m signed by claimant CURB to or person fly on NOTE: QLAIMS MUST BE FILED WITH CURB PARKWAY SIDEWALK shalt giving relationship Typed Name: Date: Our 149 C1.ERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 4 . .......... ESTIMATE OF REPAIRS Cng" 92M." 48.4" AS LISTED FOR LABOR AD&TM11ERfAi AGREEMENTS NOT OwMMG - ESTIMATES FREE "0" Kyle Rd. -Adwdrid City, CA 92234-6527 —7(o0--3olj— 5-7450. 5470 I AS . DATIE. 412:e Lo 4 ADDRESS: PWONE: EST. NO. INSURANCE CO. ORDER NO. ADDRESS: PHONE: LICENSE NO. Y—EAP- Abf=- NOVIEU, /p 1640TOR mo- UANT PART 140.1 a tA oft 4L moul cap tit ZZ lZi nozi o rz-,:V=Lt�A LIS 11 (7 Ef Z!c- 21 PARTS PRICIES BASED ON STANDARD CATALOG PROCUREMENT- PARTS PRICES ARE SUIMECT TO CHANGE WITHOUT 140TIM PROCUMMIl"TAN&DELIVERY CKARCXS*kAV-lWADDM P00tSVlCfAtSftVVCII Oot ROU "T AVAILADLE-LOCALLY. TOTAL MATERIAL OLD VAR"RENOV110 MON OTHERWISE INSTRUCTED IM WRITMG. THE ABOVE IS AN ESTIMATE BASED 00 OUR INSPECTION AWDOES HOT COVER AMTKWAL WAR MOR LABOR WMCM MAY 89 XFOUIRED AFTER WOW HAS SEEN OPENED UP. OCCASIONALLY AFTER WORK HAS DR" STARTED. WORN PARTS AM DISCOVERED WHICH ARE NOT EVIDENT ON FIRST WjPWTION. K-CAUSE OF THIS ABOYE PRICES ARE NOT WAMPUM ESTIMATE ESTIN&TED RY: APIPROVIMSY: TOTAL LABOR' 0 TOTAL 04AVERIAL TAX AUTHORIZED AND ACCEPTED By OWMM OR ACEW DAM PAID OUT -TOW & STORAACA SUBLET REPAIRS LTOTAL 1,50 .5 f .O. BOX 2060 - CATHEDRAL CITY, CA 92235-2060 68-068 KYLE ROAD CATHEDRAL CITY, CA 92234-2060 (760) 321-5750 .i r B.A.R. # AK163484 I TO ALL OUR SERVICE DEPARTMENT I E.P.A. # CAL983633595 CUSTOMERS: WME'y Y Tw'seller f�er�bye�irRisl°vifd or,itnptiecltvchi�irg'enq iiedrraM'& or fitness for a particular purpose. and neither assumes riot aultftes any other person to assume for it any liability in correction with the sale of said products. 'ALLP/1f3TS,INSTALLED ARE NEW.UMLESS-SPECIRED .OTHERWISE DATE I TIME I PERSON CONTACTED _ PHONE? I ADV # I REVISION Effective May 1, 1988, we will be charging a surcharge on all service department repair orders in which automotive fluids have been drained. In accordance with the State of Californian regulations oonoeming the dumping of hazardous wastes, this charge will be imposed with reference to engine oils, transmission oils and fluids, and antifreeze. The Environmental Protection Agency has strict laws as to the disposition of these fluids to make our state a cleaner and healthier place to five and work in. 1 acknowledge notice and oral approval of an inGMase in the original estimated price. OlAUK4L UT. ----------- ---------- INVOICE TO ----------------------------- ------------- D1IVER/08NE1 INFORMATION -- INVOICE: C11512 BARKAS, ALEXANDER BARKAS, ALEXANDER ------------------ FOR OFFICE USE ---------------------------- --------------------- VEHICLE INFORMATION ---------------- TAG: 0817 ADV: 194 ORR, CPA INVOICED: 04/27/2004 15:45:57 C1 02 SC430 LICENSE NUMBER: CA 4VDVI27 PART NUMBER PO4 NOTE DESCRIPTION QTY LIST SELL LEX 48530-90037 ABSORBER ASSY, SHOCK 1 91.61 91.61 91.61 LEX 48760-24010 _RR SUS 1 164.66 164.66 164.66 LEI 48257-30060 3 1 8.35 8.35 8.35 LEX 90948-01081 CUSHI r*R 1 25.08 25.08 25.08 its LEX 90948-01083 ��; "' *CUB ' BSO ,�� 1: 8.71 8.71 8.71 LEX 48341-30080 8 trG f °x: 31.01 31.02 31.02 FACTORY TECH. 267 - RAN . R LEX OPCODE: 48 - �f -- ,--------... - SUBTOTAL -------- -------- PARTS 335.43 LAB KECHANICII 264.00 TYPE: C TOTAL CHARVk,��CONCERN 599.43 ---------------+- -----------------------------------------......................... CONCERN 53' REPLACE LIRI OVER rf OPEIZif.Off. TECH AMOUNT CORRECTION 1tEPLAC£ L/R VER frrh r , } a�; <f; ,` ;��•,; 267 .OU .;. =a pot r �� .6A0 • 'AR. KT .$E& pot QTY TELL ,. LEY 64115-240 36.90 536.90 536.90 FACTORY TECH: 267 - RAMO r . LEIOPCODE: 64099 V ., ------ SUBTOTAL ----------------- PARTS 536.90 TYPE: C TOTAL CHARGE FOR CONCERN 536.90 --------------------------.----------------=----------- GRAND TOTALS -------------------------------- : OF CHARGES FOR INVOICE C11512 PAYMENT DISTRIBUTION FOR INVOICE C11512 PARTS 1781.02 TOTAL CHARGE 2399.05 LAB -MECHANICAL 480.00 SUB -TOTAL 2261.02 �-` CASH'DUE i} 2399.05 TAX 138.03 TOTAL CHARGE 2399.05 A 2 7 2004 ESTIMATE----------------------------=----------------------------------------------- --------------- ESTIKATE $0.00 REVISED ESTIMATE $2334.37 ►....__ __._..._�:�_-_-��::.�.-:. � PAGE 2 NOTICE TO COMSUMER: PLEASE READ IMPORTANT INFORMATION ON REVERSE SIDE CUSTOMER COPY iJ� B.A.R. # AK163484 TO ALL OUR SERVICE DEPARTMENT E.P.A. * CAL983633595 I CUSTOMERS: �0. BOX 2060 - CATHEDRAL CITY, CA 92235-2060 68-068 KYLE ROAD CATHEDRAL CITY, CA 92234-2060 (760) 321-5750 09 -r- . -'� : 'y .. K y. ,�. t .n :.K •The sellerhe�reby XtL otter P ity merchantabillor fitness for a particular Purpose,' and neitl�er essunies nor authorizes any assume for it any liability in connection with the sale of P �MTA�.t.trD!►�E NEB # , say DATE I TIME PERSON CONTACTED PHONE? ADV # REVtSiON Effective May 1, 1988, we will be charging a surcharge on all service department repair orders in which automotive fluids have been drained. In accordance with the State of California regulations concerr�ng the dumping of hazardous wastes, this charge w. be imposed with reference to engine oils, transmission oils and fluids, and antifreeze. The Environmental Protection Agency has strict laws as to the disposition of these fluids to make our state a cleaner and healthier place to live and work in. I acknowledge notice and oral approval of an increase in the original estimated price. EST M M Ha#jQ us was — OFA N & "T. _ ---- - DRIVER/ONNER INFORMATION -- INVOICE: C11517 ------- INVOICE TO ----------------------------- BARKAS, ALEXANDER BARKAS, ALEXANDER 16541 CYPRESS WAY IC541 CYPRESS WAY LOS G,ATOS CA 95030 LOS GATOS CA 95030 Off: : (650) 4T0-8100 - . WOR. (650) 470-6100 _ VEHICLE INFORMATION ---------------- FOR OFFICE USE --------------------------- -- ------002191 LICENSE NUMBER: CA 4ND9727 ---*---INVOICE: u CJS �: C1 VIN JTHFN48Y120011978 TAG: 0317 ADV: 194 ORR, CHAR .RELIE 2DR CNV TAX RULES: HYNNN INVOICED: 04li'i1100E::1f :......7_LEXUS SC430 PROD(ICTItN: 110101 ...N ODOML'?Ek in: 3653 OJT. � x f BEGIN: 4119/04 DUNE: 04/11Q `Yt. ---------^---- DATES G : O �kj ------ ------------ a t•4a ;Q ORATION TECH AMOUNT CONCERN 16, FOUR WHEEL ALIGNM x ALIT CORRECTION FOUR WHEEL ALIG --°t :}Z 61 116.00 FOUR KNEEL ALI. ..`A AND TOERRV ADJUST CASTE], x TO FACTORY : CATIONS COMMENT FOUR WHEEL ENT FACTORY TECH: 267HECTOR LEI OPCODE. ---------- ,.SUBTOTAL ----------------- 176.00 r x.. 466. •- s TOT! C�AI�GE FOR CONCERN -------------- -'`� -- QPERATION TECH AMOUNT CONCERN 51 LOW TIRE PRESSER � -- REPORT tr CORRECTION REPLACE 1 TIRE AND ;,, � . _ ��, ,.420091 261 S 40.00 NOTE DESCRIPTION 4-0 STY LIST SELL PART NUMBER y �' 341.75 301.75 301.75 LEI P245/40ZR18B 1S LEI 04411-24030 RE PR 1 8.94 8.94 8.94 LEX 426112442OX 1B 598.00 598.00 598.00 FACTORY TECH: 267 - RAMOS, HECTOR LEX OPCODE: 420091 ------ SUBTOTAL ----------------- PARTS 909.69 LAB -MECHANICAL 40.00 TOTAL CHARGE FOR CONCERN 948.69 TYPE: C ---------------------------------------------------- CONCERN 52 CHECK OVER SUSPENSION -- REPORT OPERATION TECH AMOUNT - CORRECTION REPLACE L/R SHOCK AND MOUNT 482201 267 PAAGECE 1 1 NOTICE TO COMSUMER: PLEASE READ IMPORTANT INFORMATION ON REVERSE SIDE CUSTOMER COPY LWLJ LLJ LL r ;5Q ..t . Irma ir .�j4��+�► d/ it Lu ho CaL 153 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Donation from Windermere Realty and Chicago Title Company for the Annual Breakfast with Santa Special Event RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event. FISCAL IMPLICATIONS: Windermere Realty and Chicago Title have each generously donated $150 in cash to offset the expenses for the annual Breakfast with Santa special event to be held on Saturday, December 11, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Tiny Tot Breakfast with Santa special event is held each year on the second Saturday of December at which pancakes, orange juice and goodies are provided to children and their families. The event budget is $ 500. However, the attendance at the event increases each year, requiring additional supplies. The donation of cash and supplies from both Windermere Realty and Chicago Title Company will allow the City to purchase additional supplies for the event. 15 a FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event; or 2. Do not adopt a Resolution of the City Council accepting donations from Windermere Realty and Chicago Title Company for the annual Breakfast with Santa special event; or 3. Provide staff with alternative direction. Resplpctfully,submitted, ploy ff- . munity Services Director Approved for submission by: Thomas P. Genovese, City Manager n t2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM WINDERMERE REALTY AND CHICAGO TITLE COMPANY FOR THE ANNUAL BREAKFAST WITH SANTA SPECIAL EVENT WHEREAS, on November 29, 2004, Windermere Realty and Chicago Title Company each generously offered to donate $150 in cash to be used for the annual Breakfast with Santa special event; and WHEREAS, the gifts were offered for donation to the City of La Quinta and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donations of $150 in cash from both Windermere Realty and Chicago Title Company to be used for the annual Breakfast with Santa special event. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2004- Windermere and Chicago Title Donations Adopted: December 7, 2004 Page 2 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Consideration of "Concert Under The Stars" Series Hosted by the Cultural Arts Commission RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Dependent upon the direction of the City Council, possible funding sources could include the Community Special Events account; which has an _uncommitted balance of $14,000 as of this report. The estimated cost of the concert series is $14,918 which could be reduced by $918 by reducing the scope of refreshments at the events. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the October 14 and November 11, 2004 Cultural Arts Commission (Commission) meetings, the Commission discussed hosting a "Concert Under the Stars" event the third Saturday evening of January, February, April and May 2005. The Commission would like to host the following concerts from 6:30-8:00 p.m. on the Civic Center Campus: January Twenty-nine Palms Marine Corp. Jazz Band February Piano Recital with local youth talent 158 April Las Adelitas Female Mariachi and Marty Lipson Band May "Things On Strings" puppet show The Commission has hosted a concert during April for the past two years (called "Concert Under the Stars,") in conjunction with the annual Community Picnic and Birthday Bash. The Commission is requesting to add three additional concerts to form a series. The other three performances would be new events offered by the Commission. Attachment 1 provides a preliminary budget for the "Concert Under the Stars" series. The following information will provide background on line items contained in the preliminary budget for the "Concert Under the Stars" series. Refreshments The Commission had requested refreshments be offered above the standard cookies and punch that the Community Services Department has offered at events. In order to accommodate the Commission's request, this service would need to be catered, as the Community Services Department does not have adequate staff to properly set up, host and tear down a full scale refreshment service. Staff Time Additional staff time is included in the preliminary budget, as these events would be above the standard schedule for Community Services and Public Works Department staff. Equipment Rental The Commission would like to host the concert series on the Civic Center Campus, using the amphitheater, Senior Center and City Hall courtyard. Equipment rental for the January concert would include a stage and chairs for the audience in the City Hall courtyard. The Piano Recital scheduled for February would be held in the Senior Center and would require the rental and tuning of a grand piano, as well as its delivery to the Senior Center. The April concert would be held at the amphitheater and would require stage lighting. Chairs would not be provided for the audience, as has occurred in the past. 1. )9 o (,12 The puppet show scheduled. for May would require a stage and other equipment necessary to set up a puppet theater and a sound system. Performers Each performer has a cost associated with travel and performance fees, in addition to the equipment they will need to rent or provide for their performance. In addition, the January and February concerts are planned for 3-day weekends, in which many people have Monday off for Martin Luther King Jr. Day and President's Day. This may impact the participation from the public, as many people go out of town for 3-day weekends. Should the City Council approve one or more concerts for the spring season, the concert(s) will be advertised in the Community Services Department brochure that will arrive at every residence by the first week of January. In addition, the event will be included on the postcard that is mailed to all residents in mid -March announcing upcoming events. The City Council could consider offering a concert series or could direct the Commission to host the annual "Concert Under the Stars" in April in conjunction with the annual Community Picnic and Birthday Bash. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the "Concert Under the Stars" series and the expenditure of up to $14,000 from the Community Special Events budget; 2. Authorize one "Concert Under the Stars" event in April and the expenditure of up to $7,500 from the Community Special Events budget; or 3. Do not authorize funding a "Concert Under the Stars" event; or 4. 1► Provide staff with alternative direction. e�r`fully submitted, o"rvitz, tdinm�ity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. "Concert Under the Stars" Preliminary Budget ATTACHMENT as 0� 0 0o co .- o w ._ V- co y N 00 N F- � CO U CD L L cu O 0 E 0 C) 0 0 0 0 0 0 m 0 0 0 0 0 0 m 0 0 0 0 0 0 0Ul) 00000000N0w 000wr-00 OOOODo 000000oo00m 0000000m 00000o 000mmmwIt0N 000wItmN 000LO00 to N N N d' L.0 LO N N 4' O N N �- �,,, N V4/> -J> q>U>v�v}th v}v} .a c 'a ca c co Ln Lt) O M m N O N CL 4-0 0 N c� L N cm N v v . U co ,� N v, U 6- U 4 a� 00 c U) a., L m c _ o 3 .� � p 5 = - E co a) .- E — o E — Q .v �d �.n .v E t ?'c'c c� .v E t!) Co _I o U a) N + V) s U � a.. o U J o F- c� y — a- — CL c� CL � 0- o a� o (/) J 2 J � tZ 1640 CI_'5 o�Ln n 000 0rl*-0 w� n dam' � m 0 m m t0 1� N 1, T— V— � N ca Ln co 0 cn N cn Q CD 4- 4-0 ,c ai o 0 >% 0 i>> 0 N �— °v�a�,UEa�— O O c0 C i - ,T L 0_ E 0 cmw O UI— c/�I—-ioCaU I- 163 0000 � 54 OFF COUNCIL/RDA MEETING DATE: December 7, 2004 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of City Council Reorganization and Standing Committee Appointments. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: A. Select a member of the City Council to serve as Mayor -Pro -Tern for the year 2005. B. Select representatives of the City Council to serve on various committees for the year 2005. • FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1, for Council's consideration, is a complete list of committees and the appointments that were made last year. 1 164 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A. Select a member of the City Council to serve as Mayor Pro-Tem for the year 2005; and B. Select representatives of the City Council to serve on various committees for the year 2005; or 2. Provide staff with alternative direction. Respectfully submitted, e ek, City Clerk k, City Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of Existing City Council Committee Assignments 2 165 City of La Quinta ARDointments COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE:. Member: Don Adolph, Mayor Alternate: Stanley Sniff, Mayor Pro Tern Non -Voting Member: City Manager Meets last Monday of each month at 6: 00 p.m. ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Lee Osborne, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12. 00 P.m. HUMAN & COMMUNITY RESOURCES COMMITTEE: Member: Alternate: Staff Support: Meets fourth Wednesday of each month at 11: 45 a. m. PUBLIC SAFETY COMMITTEE: Lee Osborne, Council Member Ron Perkins, Council Member Community Services Director Member: Ron Perkins, Council Member Alternate: Terry Henderson, Council Member Staff Support: Building & Safety Director Community Safety Manager Meets third Monday of each month at 10: 00 a.m. TRANSPORTATION COMMITTEE: Member: Alternate: Staff Support: Meets third Monday of each month at 12: 00 p.m. N:\LISTS\Boards-Commissions\Council Committee Roster Ron Perkins, Council Member Terry Henderson, Mayor Pro Tern Public Works Director/City Engineer Page 1 Updated: November 29, "6 TECHNICAL ADVISORY COMMITTEE: Member: Meets second Friday of each month at 10. 00 a.m. TECHNICAL PLANNING SUB -COMMITTEE: Member: Alternate: Meets third Monday of each month at 8: 30 a.m. City Manager Community Development Designee Community Development Director TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Alternate: Meets fourth Thursday of each month at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Public Works Director/City Engineer Senior Engineer Member: Community Development Director or Designee Alternate: Associate Planner Meets first Monday of each month at 1:30 p.m. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Member: Appointed: Alternate(s): Lee Osborne, Council Member January 7, 2003 Personnel/Risk Manager CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON Member: Management Analyst Appointed by City Manager Authorized by Council: October 1, 1996 N:\LISTS\Boards-Commissions\Council Committee Roster 167 Page 2 Updated: November 29, 2004 4 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Terry Henderson, Council Member Appointed: (for three consecutive meetings) Rotates after three meetings CIVIC CENTER ART PURCHASE COMMITTEE Members: Stanley Sniff, Mayor Pro Tern Don Adolph, Mayor Rotates Annually COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Alternate: Staff Support: Don Adolph, Mayor Lee Osborne, Council Member Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board Member: Term: Term Expires: Staff Support: Meets second Tuesday of each month at 7: 00 p. m. Ron Perkins, Council Member Four Years June 30, 2004 Re appointed: 71211996 Re appointed. 511812000 Re -appointed., 11712003 Re appointed. 5118104 City Manager COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member: Stanley Sniff, Mayor Pro Tern Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets second Monday of every other month at 3: 00 p.m. N:\LISTS\Boards-Commissions\Council Committee Roster Page 3 Updated: November 29, 2004 JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY Member: Alternate: Staff Support: Lee Osborne, Council Member Terry Henderson, Council Member Community Development Director Meets last Wednesday of each month at 4: 00 p.m. at Thermal Airport COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Council Member (Appointed: September 22, 2004) IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No La Quinta Representative at Present Position appointed by I.I. D. Board - City may present a nomination when vacancy occurs LEAGUE OF CALIFORNIA CITIES = RIVERSIDE DIVISION (Selection Committee) Delegate: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Appointed: December 16, 1997 Reappointed; January 7, 2003 Reappointed., January 6, 2004 LIBRARY SERVICE ZONE ADVISORY BOARD Member: Appointed: Alternate: Appointed: Terry Henderson, Council Member October 1, 1996 Don Adolph, Mayor October 1, 1996 N:\LISTS\Boards-Commissions\Council Committee Roster Page 4 169 6 Updated: November 29, 2004 PALM SPRINGS DESERT RESORTS CONVENTION &VISITORS AUTHORITY Executive Board Member: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9: 00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION Commission Member: Nancy Doria (79-448 Calle Prospero Appointed: 9/7/04 Alternate Member: Michael Mastrogiuseppe (78-895 Via Trieste Appointed 9/7/04 Terms determined by City Council Meets the first & third Wednesday of each month at 8: 00 a, m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Term: Expiration: Vacant Two-year Term February 1, 2002 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Councilmember Commission Alternate: Don Adolph, Mayor . Appointed: January 7, 2003 Terms began January 1, 1999 - No expiration date Meets second Wednesday of each month at 9.00 a.m, in Riverside SUNLINE TRANSIT AGENCY Board Member: Alternate: Staff Support: Meets last Wednesday of each month at 12. 00 p.m. Don Adolph, Mayor Lee Osborne, -Council Member City Manager Appointed: January 7, 2003 1' 0 7 N:\LISTS\Boards-Commissions\Council Committee Roster Page 5 Updated: November 29, 2004 Members: SCHOOL AD HOC COMMITTEE Lee Osborne, Council Member Stanley Sniff, Mayor Pro Tem 1'71 8 N:\LISTS\Boards-Commissions\Council Committee Roster Page 6 Updated: November 29, 2004 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Consideration of Request to Temporarily Close Monroe Street between Avenue 58 and Avenue 60 to Accommodate Major Reconstruction RECOMMENDATION: r AGENDA CATEGORY: BUSINESS SESSION: v CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve request by Coral Option I, LLC to close Monroe Street between Avenue 58 and Avenue 60 for a period of four months starting in early January, 2005. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Coral Option I, LLC is the developer of the Andalusia project which is located south of Avenue 58 and east of Madison Street (Attachment 1) in a rural area that is rapidly developing. Due to the rural character near Andalusia, there is a significant lack of utility and transportation infrastructure to support suburban development. As a result, the developer must install a 33" diameter sewer trunk line main as well 30" diameter water main in Monroe Street between Avenue 58 and Avenue 60. The infrastructure that the developer must complete, primarily the sewer main, which is 18' — 21' in depth, must be constructed in the existing narrow roadway. This sewer is too deep to use a trench shield exclusively, but instead must be constructed by a conventional excavation and pipe installation method. As a result, most of the existing pavement on the west side of the street will be removed, and the dirt removed from the excavated area will have to be placed on the east side of the existing street. The restricted access will not leave enough room in the right-of-way to maintain traffic through the area during construction of the sewer line. 17 S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B 4 Monroe Closure.doc The developer would like to start construction in early January, 2005..They expect construction of the mile -long sewer line and the mile -long water line to take four months. Upon completion of the underground work, the developer will open the subject segment of Monroe Street to through traffic as they complete their street improvements. Existing Traffic Considerations The developer commissioned a traffic count to be taken on Thursday, October 21, 2004. It was determined that a total of 1,557 vehicles traveled on the subject segment of Monroe Street in a 24-hour period beginning at 12:01 a.m. Traffic patterns revealed by the traffic count indicate that a high percentage of the traffic consists of construction personnel and construction traffic commuting to and from the Trilogy development. Management personnel at the Trilogy development have indicated support for the proposed temporary road closure. It should be noted that there are very few homes located south of Avenue 60 on Monroe Street. Monroe Street extends only one mile farther south of Avenue 60 dead -ending into Avenue 62. Residents in the Trilogy development will access their development via the main entrance on Avenue 60 and then proceed west to Madison Street, if they desire to travel north and west. If they desire to travel east and south, they can proceed east on Avenue 60. The proposed closure area can be easily detoured around by the few vehicles that are not associated with Trilogy development. The developer has agreed to work with the County of Riverside in developing sufficient advance detour notice to motorists wishing to travel north on Monroe Street from some location south of Avenue 60 and likewise for motorists wishing to travel south on Monroe Street from some location north of Avenue 58. In consideration for this road closure, the developer has agreed to install three -fourths of the ultimate street improvement including two lanes south bound, a median, and one lane northbound in the northerly 3000 feet of the mile -long segment, as well as full -width street improvements in the southerly 2300 feet of that segment (Attachment 2). 173 2 S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B 4 Monroe Closure.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve a request by Coral Option I, LLC to close Monroe Street between Avenue 58 and Avenue 60 for a period of four months starting in early January, 2005; or 2. Do not approve a request by Coral Option I, LLC to close Monroe Street between Avenue 58 and Avenue 60 for a period of four months starting in early January, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, c Ti othy R. Jo ass n P. E. ublic Works irec r/City Engineer Approved for submission by: .1100 Thomas P. Genovese, City Manager Attachment: 1. Map of Area 3 174 S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B 4 Monroe Closure.doc i [ F'l ♦ 1.XD11 11 {� 1111 11\I.MI It ' F t Ot ILS177 r Y ~ kT' , Tilt \►L hl \F S (.L11 I t t.l 11%1 1 + 1 .iosure 4rea �knmegiusi,e 1 ,�l fitl1 061 (14KI (,Of HSI, �i►RA • COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Consideration of Funding the 2-1-1 Social Services Hotline RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Coachella Valley Association of Governments (CVAG) is requesting a contribution from each city to the 2-1-1 Social Services Hotline program based upon thirteen cents per capita using the 2000 Census. La Quinta is being asked to contribute $3,080. A funding source has not been identified for this program. The General Fund Reserve could be used to fund this program, as CVAG has expressed a desire to have this program funded before the July 1, 2005 launch date. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: According to information provided by CVAG (Attachment 1), the 2-1-1 Social Services Hotline is a nationwide effort to link community services to a single source. By directing callers to one source, people will be provided direct access to social services such as assistance getting food, housing, drug treatment, crisis intervention or help paying their electric bills. By dialing 2-1-1, the public will have direct access to social services 24 hours a day, seven days a week. 176 The target launch date for the 2-1-1 Social Services Hotline in Riverside County is slated for July 1, 2005. CVAG's Human and Community Resources Committee has chosen the 2-1-1 Social Services Hotline as a Committee goal for 2004-05. The CVAG Public Safety Committee took action at their July 12, 2004 meeting to support the 2-1-1 Social Services Hotline. The Volunteer Center of Riverside County has calculated the cost per city to be thirteen cents per capita to fund the 2-1-1 Social Services Hotline. According to Attachment 2, La Quinta's contribution would be $3,080. Attachment 3 provides a list of those cities that have committed to participating in the 2-1-1 Social Services Hotline program. Since a funding source has not been identified for this program and the Community Services Grants fund has only $1,230 remaining in uncommitted funds, the General Fund Reserve could be used to fund this program during this budget year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City's participation in the 2-1-1 Social Services Hotline and authorize the expenditure of $3,080 from the General Fund Reserve; or 2. Do not authorize the City's participation in the 2-1-1 Social Services Hotline; or 3. Provide staff with alternative direction. Respectfully submitted, LW v0► Dodie Horvitz, Com'=4"Vunity Services Director 002 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Information Regarding 2-1-1 Social. Services Hotline 2. City 2-1-1 Hotline Contribution Grid 3. 2-1-1- Social Services Hotline Participation 0,3 178 11/23/2004 16:53 7603405949 CVAG DA=7 02 ATTACHMENT 1 E!_l VALLEY I��SQCIATION of COACH DATE: August 2, 2004 TO: EXECUTIVE COMMITTEE FROM:' Aurora Kerr, Director Department of Community Resources RE: 2-1 -1 - Social Services Hotline STAFF OM MEl�IDED MOT ON: That the Executive Committe® support the 2-1-1- Social Services Hotline and authorize staff to work with inform Riverside who wail p resent the 2-1-1 Hotline to jurisdictioins. Jurisdictions will be asked to take action to determine If they want to financially participate with the service - Public Safety Committee: Concurs (7112104) o fake action at its 8/4/0�4 meeting Human and Community Resources committee: T A� CKS' : Each year, CVAG committees formulate goals to address for the next year. As one of its goals for this fiscal year, the Human and Community Resources Committee (HCRC) chose: "Support for 2-1-1- Social Services Hotline." The 2-1-1 Information Hotline is a nationwide effort to link community services to a single source. It will also be serve as an information system that will assist and support homeland security and community preparedness efforts. By directing callers to one source, people will be provided direct access to social services. Callers can find assistance getting food, housing, drug treatment, crisis intervention or help to pay their electric bills. Just as 9-1-1 provides the direct access to emergency services on a 24-7 basis, 2-1-1 will also provide people direct access to social services on a 24-7 level. Currently, there are hundreds and hundreds of social service programs in Riverside County. But which one do you call for what? The 2-1-1 Hotline can provide information on flu shots, evacuation routes, help to crime victims, travelers aid,. help to non-English speaking people on comprehensive health and human service 'information, rural relief, inventory of shelter beds for homeless, reporting scams aimed at the elderly, assistance to local govemments; parent support and education. The 2-1-1- provides an outlet for the non -emergency calls that can flood 9-1-1 centers 11/23/2004 16:53 7603405949 CVAG PAGE 03 Report to Executive Committee Page 2 of 2 Pages .August 2, 2004 during a disaster. The system will also relieve the 9-1-1 system from receiving non - emergency calls and tying up their system. Currently, there are 128 active 2-1-1 systems in 26 states. In California, meetings to develop local 2-1-1 collaboratives are taking place in many Callfornia counties. Funding for the 2-1-1 System in Riverside County is being established through foundations; however local governments are also being. asked to contribute to the system. The cost is approximately 13 cents per capita using the 2000 census. (See attachment). Given our demographics in the Coachella Valley, inform Riverside which will operate the system, is committed to providing a dedicated line (possibly two) for the Coachella Valley. It will be staffed with local personnel who will trained with knowledge and access to social services in the Desert. The target launch date for 2-1-1 service in Riverside County is slated for July 1 st, 2005. Riverside County is hoping to. join Los Angeles, Ventura, Orange and San Diego Counties, which will also launch their 2-1-1 service systems on that day. Both CVAG's Public Safety and Human Resources Committees have heard presentations on the 2-1 -1 Hotline by Inform Riverside Director,. Gary Madden. Palm Desert City Council Member and CVAG's HCR Chairwoman, Jean Benson, hosted a luncheon meeting on June 24that CVAG offices, for electeds and non profit agencies in the Desert, to make them aware of this service. CVAG's HCR Committee has chosen the 2-1-1 Social Services Hotline as a goal for their committee to support this effort. CVAG's Public Safety Committee also took action at their July 121h meeting to support the 2-1-1' Hotline and send this item to the Executive Committee. FI.SCAL_APIALYSIS: Attachment One shows the contributions from each member jurisdiction based on the 2000 Census at thirteen (13) cents per capita. :attachment akerrlex9c.comm.i#9ms12004 itsimM2.1.1 hotlinejuly.atk 11 r1115 iso 11/23/2004 16:53 7603405949 CVAG thedesertsun.com Need information? Dial 2-1-1 PAGE 05 Page 1 of 3 Classifieds Real estate cars .lobs Coupons Horne Page Hot Topics Quick Links News Sports Business Mather Opinion ObItuaries Features Entertainment Elections Events Calendar Community Photos Your Town Special Reports Forums Technology space Public Records Visitors Guide Customer Service Contact Us • �)•, nod) {i a T, 4 e-mail story d& piiint story � headlinas by e-mail 416P aubswibe now) Need informait ion? Dial 2.1.1 Riverside iotitay join other counties planning hotline for social services By Jennifer Larson The Desert Sun June 27th, 2004 Everyone knows to dial 9-1-1 when a house catches fire or a relative has a sudden heart attack. But who can people call to find a food pantry, or a shelter, or maybe some assistance with filing their Income tax returns? ;��IlF`�ii 1 t ��,j�;�jl�•1 e Mora stories about city and county government is Post or read comments in our online forums The answer isn't always obvious, given the. number of social service agencies and the variety of services they provide. That's why Inform Riverside, a division of the Volunteer Center of Riverside County, is pushing for the creation of a free hotline to give people an easy and easily remembered connection to the web of services available. Instead of 9-1-1 for emergencies, or 4-1-1 for directory assistance, think 2-1-1. Local service agencies that work with the very people who would be calling the hotline are enthusiastic about the possibilities. Dick Schroeder, director of the Indio Senior Center, called it an "exceptional" idea. 'There have been so many efforts over the past decade trying. to. find some way to coordinate information and information dissemination," he said.'There, has never been a successful clearinghouse for information for services in our area." "It's an absolutely necessary service," said Chantel Schuering, executive director of Family Servlces of the Desert. "The thing that keeps many people from getting to the services they need is limited knowledge of the system." "And having one place to go is important," she added. A call center with trained volunteers would answer the 2-1-1 calls and make referrals from a centralized database of information from serviee.agencies, thus eliminating the question of N wonder who can help?" Often people get frustrated because they really don't know who to call, or they find themselves making a long battery of calls to find the right service provider, said Dan Bass, executive director of Jewish Family Service. And Scheuring noted that the lists of agency names in the phone book be confusing and vague, not to mention that for some people, there's often a language barrier or they may have limited reading skills. http://www.thedeserts.un.com/news/stories2004/locai/20040627024303.... 6/28/2004 11/23/2004 16:53 7603405949 CVAG 'thedesertsun.com I Need information? Dial 2-1-1 PAGE 06 Page 2 of 3 "If it allows people to make fewer phone calls to get to where they need to, that's terrific," said Bass. But local social services agencies also have a few demands of their own. Schroeder is emphatic that a Riverside County 2-1-1 hotline adequately represent the eastern part of the county. No worries, said Gary Madden, director of Inform Riverside. "The plan is definitely to have a center in the Coachella Valley," he said. Schuering noted that, in turn, local agencies will have the responsibility of ensuring that hotline staffers have the most current information about the agency. "We have to keep our information accurate of it won't be as helpful," she said, Neighboring counties are already working to roll out the n-l-1 hotline on July 1, 2006, Madden said he feels it would be a shame if Riverside County residents picked up the phone and dialed 2-1-1 and couldn't get an answer then; too. The first year's budget for the 2-1-1 hotline would be about $625,000, Inform Riverside County has a contract with the county's Department of Public Social Services, which will pay for a portion. It also has funding for the hotline from United Way and First Five Riverside, Riverside County and the City of Riverside. "And we are seeking additional funding," Madden said. Tha 2-1-1 system could get a shot in the arm If federal legislation to create a national 2-1-1 network passes. The Calling for 2-1-1 Act has gathered bipartisan support in the U.S. Senate an House of Representatives. If it passes, Riverside County could get $200,000 to aid in base funding, Madden said. Jennifer Larson covers the city of Palm Desert for The Desert Sun. She can be reached at 360=6477 or by e-mail. Send a friend a link to this story: Your friend's e-mail address: Your e-mail address: i Would you like to submit a letter to the editor? Back to Local News j Back to Top 192 7 http: //www.thedesertsun.com/news/stories2004/local/20040627024303.... 6/28/2004 11/23/2004 16:53 7603405949 CVAG PAGE 07 - --thedesertsun.com Officials to ask cities to help foot 2-1-1 bill Page 1 of 3 r a� S. ^ I • I ¢ Ni;: ..........Y., ,,. ,,...pa Classifieds Real estate, Cars Jobs Coupons Home Page Hot Topics Quick links News Sports Business Weather Opinion Obituarias Features Entertainment Movie/TV (listings Elections Events Calendar Community Travel Education Photos Your Town Special Reports Forums Technology Space Public Records Customer Service Contact Us C91111$ *-mail story print story headlines by a-rnall subscribe nowl Officials to ask cities to .help foot 2-1'-1 bill By Jeff Donaldson The Desert Sun July 15th, 2004 COACHELLA VALLEY.— John Cheney has been through the drill: he calls an 800-number to reach, a county office, only to be transferred to three.other numbers and finally have his call end in a dial tone. ,�llsji;s•,.;;,I � .,.....�s I;I SJ?%•6! �� ra a'.,;`.; •"'•i',;:.;•t:•, IN!' 1 * More stories about city and county government m Post or read comments in our online forums '"You end up having to welt a long time and they switch you from number to number," said Cheney, a 30-year resident of the desert. Cheney broke down and paid a visit to the Social Security Administration office in Palm Springs this week to avoid the hassle of calling. That difficulty is one reason why Inform RiversFids, a division of the Volunteer Center of Riverside County, is hoping local cities will step forward to help pay for a free hotline — 2-1-1 -- to connect people more easily to county services. Officials indicated this week they'll ask cities to pitch in 13 cents per resident to help the program meet its projected $625,000 budget in time for its July 2005 debut. "As long as it's going to increase your ability to get to what you need, I don't mind paying 13 cents," Cheney said. "I just don't want it to become another bureaucratic bungle." The county currently has a centralized 800-number program where callers reach a main number and an operator redirects the calls to an appropriate agency. Like 9-1-1 or 4-1-1, the 2-1-1 system will have a call center where trained volunteers make referrals from a database of information from service agencies. The hotline number is easy to remember and reduces the need to use 800-numbers, said Cary Madden, director of Inform Riverside. "I can't tell you how many agencies have their own information and referral services. it's a duplication," Madden said. "I don't think the cities will have a problem." Madden told the Coachella Valley Association of Governments Public Safety Committee on Monday the money would go to pay for the $70,000 computer software needed to convert to the 2-1-1 system. Current funding has the'2-1-1 system falling $150,000 short of its projected budget. Indio Councilman Gene Gilbert, a public safety committee member, said the 13 cents was an "insignificant amount" considering how 2-1-1 would enhance services. With about 60,000 residents, Indio would pay about $7,800 for the 2-1-1 system in an area where use of public social services is high. http://www.thedesertsun.com/news/Stories200r4/locail/20040714235805.s... 7/15/2004 11/23/2004 16:53 7603405949 CVAG --thedesertsun,com I Officials to ask cities to. help foot 2-1-1 Will PAGE 08 Page 2 of 3 You can't go wrong," Gilbert said. "We haven't approached our council with it, but it would be nice if the cities could absorb this ourselves without having to do anything with taxes." Cathedral City Councilman Paul S. Marchand was a bit more skeptical, saying he agreed 2- 1=1 was a valuable service. But Marchand questioned whether $6,500 for 50,000 residents would be insignificant to a city wrestling with its own budget woes. "I would not see a problem finding (the money) In our public safety budget, but the question is whether my colleagues on council agree," Marchand said. "The question will be does this really need spending priority.' It's not necessarily a guarantee." Some on the association committee also questioned why the county isn't more involved in funding the project. Supervisor Roy Wilson helped secure $5,000 in funding for 24-1, but Madden said the other county supervisors have been slow to warm up to the phone system — offering no funding. "We've met with supervisors and I don't think they've had a strong sense about how valuable this is," Madden said. 'The closer It gets, I think we've got a pretty good shot at getting it done." Jeff Donaldson is a reporter for The Desert Sun. Reach him at 760-7784652 or by E-mail Send a friend a link to this story: Your friend's e-mail address; Your e-mail address: - A.brief message: sa;: r Would you like to submit a latter to the editor? Back to Local News I Back to Top Copyright 0 2004 The Desert Sun. Use of this site signifies your agreement to GAHM the Terms of Service (updated August 9, 2001). 0 Gannett Co.. Inc., 7956 Jones Branch Who, Customer service ( About this slfe I Contact us Working forth Mclean. VA 22101- (7(13) 854.MOD F.A.a I.Subscribe Nowl I Advartba In Gan 1(j4 http://www.thedesertsun,com/news/stories2004/locol/20040714235805.s... 7/15/200.4 11/23/2004 16:53 7603405949 CVAG PAGE 09 ARUND THE DESERT 211 system would link people. with services BY JESSICA %ISKQ 3TAnr WIZ IThR Gary Madden knows how frustrating it can be. to navigate through the hun- dreds of public and private agencies in the county. As director of Inform Riverside County, a telephone service designed to connect people: with social services, he constantly gets calls from angry people wlto have waded through several wrong phone numbers. Madden, who works through the volunteer center of Riverside County:, believm a new 211 information ,system' can help alleviate th6c problems: The dtree-digit number, already active in 2Cy state, links people with non -emergency health and human services .such as shel- ter, c,outiv.Ung, legal referrals and clAd- care. There's a range of. people who could use it," Madden said. "It could be some- one wbo is horneless, it could be a mid - de class person whose son is addicted to cocaine and needq h0p." Madden. acid his co-wrkers are traveling to cities in the Coachella Valley to gather support for. the 211 system and a congressional bill that would provide federal money to states using it The center is also trying to raise $1 .50,000 to launch the service by next July. Supporters envision an easy -to -re- member, 24-hour service that could help people navigate through the web of 800 county agencies that foots on health and human Services. . Operators would be trained to direct callers to flit correct organvatim within five minutes. Once established, advocates predict about C percent of the state will Use the system may► year. Liforzti Riverside (,aunty, which applied to run die service locally, already fields about 20,000 calls annually. "We have to do somed-dng to imple» ment this system," Indian Wd L% Coun- cibran Conrad Negron said. "It's easy to use. it has a lot of merit for this area." Initiated. by United Way in Atlanta sm,en years ago, 211 has gabied popular- ity m several states. Studies show that requests for referrals doubled m some cities after the number was e0blished and calls to 911 dropped as much as 35 percent. Startiog the service is a priority for the Human and Community Resources Committee of the Coachella, Valley Association of Governments. "It's needed out here," Cba womarm Jean Benson said. "We hT%c so many people seeking services and they don't know whereto go." The Federal Conunwdcabons Corn- mission set aside 211 for social sa vices in 2000. Last year, the California Public Utiiaties Commission voted to establ6h it in the state. Several Counties — including Riverside, San Diego, Orange and Los Angdes — want to launch the service next y It will cost Riverside County about S625,0W to start the sy,%tern and about $140t)UCi Bch year after, Madded said. Much of the money has teen r-ai.5ed through donations from the -United Way and county grants. The Calling for 211 Act — suppmted by senators Eli7.abeth 1)ole, R-N.C., and Hillary Rodiam Clinton, D-N.Y. — would authorize $200 million each year - from the Department of Commerce to develop and ��stpin 211 nationwide: .The money woiiitl supplement dona- tions that fund the service in other states. Stag would need to proAck 50 percent of the cost before they could draw federal funds and designate a lead entity to administer that money. To raise some of this money, the Volunteer Center of Riverside County will eventually ask cities to alloc-Ate 13 cents per resident to support the service, Madden said. "I think most cities would embrace that concept," said Bent3on, who is also a Palm Desert councilwoman. "It would take a load off of our city halls. Some- times we just don't know all the an- swers." ltwch jwka T. ftb at (760) 837-44.11 or *A 'cDm 11/23/2004 16:53 7603405949 CVAG �thedesertsun.com I Social .services hotline looks to cities for funding PAGE 10 Page 1 of 2 Classifieds Rea I estate Cars Jobs Coupons Shopping Home Page Not Topics Quick Links News Sports Business Weather Opinion Obituaries Features Entertainment Movie/TV listings Elections Events Calendar Community Travel Education Photos Your Town Special Reports Forums Technology Space Public Records Customer Service Contact Us I i M§4 a -mall a" punt slory aheadlines by e-mall ONO!, subscribe nowl Social services hotline looks to cities for funding By Jennifer Larson a Post or read comments in our The Desert Sun August 21, 2004 online forums RIVERSIDE COUNTY— For emergency help, residents of Riverside County dial 9-1-1. Now for social services help, they'll be able to dial 2-1-1. The California Public Utilities Commission has given the thumbs up to the Volunteer Center of Riverside County to launch and operate a social services hotline for the whole county. "It means that it's going to get a lot easier to get help, to get connected to the service they're looking for," said .Gary Madden, director of the center's Information and referral division, the Inform Riverside program. To access the hotline, callers will dial 2-1-1 and reach a call center, where trained volunteers will ask about their situation and redirect them to the appropriate agency. The 2-1-1 hotline will become operational 24 hours a day, every day, for Riverside County residents by July 1, 2005. "Until then, we're planning," said Madden, ticking off a list of things that must be done in the interim. "We have to turn the switches on, we have to test it, we have to make up a little bit of a funding gap, we have to expand to 24-seven." Madden says there are still plans to develop a call center branch In the Coachella Valley, too. "The staff down in the desert have the direct knowledge of the local resources, of the roads, of the areas not to go at night — things you just can't get in a database," he said. It won't be a moment too soon, said Dick Schroeder, director of the Indio Senior Center. "It's a concept that's been thrown around for years," he said. "There just really are not clearinghouses for social services availability, none that people can acoess easily." Schroeder speculated that the people who will benefit the most from the now hotline will be seniors, the disabled and people living on a low income. Also, agencies like his will be able to use the service to make referrals "because we don't always know what else is available," he said. Funding is the next big hurdle for the Volunteer. Center. Madden said it will cost about $624,000 to operate the 2-1-1 hotline during its first year. The program does receive money from the United Way. First Five Children and Families Commission, and some other organizations, but the center is still about $140,000 short. Inform Riverside officials are asking valley cities to chip in to the tune of about 13 cents per resident to make up for the gap in funding. So Indio,. the valley's largest city, would pay about $17,700 on behalf of its population of roughly 59,000 residents. Smaller cities would pay proportionally less. 156 http: //www.thedesertsun.com/news/storl'es2004/local/20040821014843.s... 8/23/2004 11/23/2004 16:53 7603405949 CVAG -thedesertsun.eom I Social services hotline looks to cities for funding PAGE 11 Page 2 of 2 Then comes the marketing. Supporters hope that 2-1-1 will eventually become as ingrained in people's minds as the well-known 9-1-1 emergency services line and the 4-1-1 information line. "It won't helpanybody unless we get that information around" to the public," Schroeder added. "Local agencies are going to hSve to get the word out," Jennifer Larson covers the city of Palm Desert for The Desert Sun. She can be reached at 360-6477 or by a, -mall. © Gannett Co., I a, 7930 Jones Branch Drive, McLean, V� 22.107 • (703) 854-8000 Send a friend a link to this story: Your friend's e-mail address: Your e-mail address: Would you like to submit a letter to the editor? Back to Local News I Back to Top Copyright ® 2004 The desert Sun. Use of this site signifies your agreement to the Terms of Service (updated August 9, 2001). Customer service I About thls site I Content us FAXL I Subscribe Nowl I Advartiso Working Tor th in Gan http://www.thedesertsun.com/news/stor es2004/local/20040821014843 .s... 8/23/2004 11/23/2004 16:53 7603405949 CVAG ATTACHMENT 2 Q9Volunteer (neuter of 4tverside County City 2-1-1 Hotline Contribution Grid city Census 2000 ' $.13 per capita Banning 23 562 $3 063 BeaumontBeaumo 11,E $1 480 Blythe 12155 $1 680 Catlmesa 7139 $928 Can on Lake 9,962 $1 294 Cathedral City 42,647 $5 Coachella 22,724 $2 954 Corona 124 966 $16,246 Desert Not S rin $ 16,582 $2j,156 Hemet. 58,812 $7 646 Indian Wells 3,816 $496 Indio 49116 $6.386 La Quanta 23,6 $3,080 Lake Elsinore 28 928 $3,761 Moreno Valle142,381 $18,510 Murrieta 44,282 $5,757 Norco 24,167 $3 140 Palen Desert 41 155 $5 350 Palm S 'n s 42,807 $5 565 Perris 36189 $4 705 Rancho Mirage 13,249 $19722 Riverside 255,166 $33,172 San Jacinto 23,779 $3 091 o-mecula 67.7161 $7,503 r NArsesiatlae . Target launch date for 2-1-1 service ip Riverside, County: July I st, 2005 Pi0, OX$37u • Ri�id�, CA 9Z32%53�6 "M UWHoorWWAvwM Sake 212 PM/084W2 • Fax OMIW6-7417 14 July, 2004 0_113 ✓Iessage ATTACHMENT 3 Dodie Horvitz , From: Valarie Franklin [vfranklin@cvag.org] Sent: Tuesday, November 23, 2004 4:29 PM To: Dodie Horvitz Cc: Gary Madden ; Aurora Kerr Subject: RE: 211 Social Services Hotline Dodie - Do you need Gary Madden to attend your Council meeting and provide a PowerPoint presentation on 211? 211 Social ServiCC5 #:�tf ir�t� P�trf twi ��,�i�. I I IF Jurisdiction On Agenda: Status on Jurisdiction Participation City of Blythe A letter requesting participation was mailed 8/11/04 to Police Chief. City of Cathedral City - - - - - 11 Hty Council Approved on 9/8/04. City of Coachella - - - - - Fc-ityco- uncil Approved or) 9/8/04. City of Desert Hot Springs - - - - - City Council Approved on 9/8/04. City of Indian Wells - - - - - City Council Approved on 7/15/04. City of Indio - - - - - City Council Approved on 10i20/04. City of La Qt�inta A letter requesting participation was mailed 8/11/04 to PSC member and c 9/17/04 to HCRC member. City of Palm Desert - - - - - [City Council Approved on 8/26/04. City of Palm Springs A letter requesting participation was mailed 8/11/04 to PS member and c 9/17/04 to HCRC member. City of Rancho Mirage - - - - - City. Council Approved on 9/2/04. County of Riverside - - - - CDBG Funds - 4th District Unincorporated $5,000. Agua Caliente - - - - - Tribal Council Approved on 11 /9/04. Band of Cahuilla Indians Cabazon A letter requesting participation was mailed 9/17/04 to HCRC member. Band of Mission Indians l 1 /23/2004 t j 14 G� OF q COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Consideration of Ordinance of the City Council of the City of La Quinta Amending Section 1 1.08.005 of the La Quinta Charter and Municipal Code to Allow the Consumption of Alcohol at SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Introduce an Ordinance of the City Council of the City of La Quinta amending Section 1 1.08.005 of the La Quinta Charter and Municipal Code to allow the consumption of alcohol at SilverRock Resort: A. Motion to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: The proposed ordinance will permit liquor sales at SilverRock Resort and increase revenues from the project. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities such as SilverRock Resort. BACKGROUND AND OVERVIEW: The City's Municipal Code currently prohibits possession and consumption of alcohol on public property, subject to exemptions granted by the City Manager or the City Council for special events. The proposed amendment to the Code would exempt the SilverRock Resort area from this restriction, thereby permitting liquor sales on the premises. Landmark Golf Management is in the process of obtaining the necessary liquor licenses. 110 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Introduce an Ordinance of the City Council of the City of La Quinta amending Section 1 1.08.005 of the La Quinta Charter and Municipal Code to allow the consumption of alcohol at SilverRock Resort; or 2. Do not introduce an Ordinance of the City Council of the City of La Quinta amending Section 1 1.08.005 of the La Quinta Charter and Municipal Code to allow the consumption of alcohol at SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: 01 Thomas P. Genovese, City Manager 2 191 Ordinance No. Section 11.08.005- La auinta Municipal Code Adopted: December 7, 2004 Page 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 11.08.005 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO PUBLIC DRINKING AND LIQUOR POSSESSION WHEREAS, construction of the first golf course at SilverRock Resort is nearing completion; and WHEREAS, in connection with the operation of the golf course, the City wishes to allow the sale, possession, and consumption of alcohol on the golf course premises. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 1 1.08.005 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 11.08.005 Public drinking and liquor possession. A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the city limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which: 1. Has been opened; 2. Has a seal broken; or 3. The contents of which have been partially removed. B. A person shall not commit any act prohibited in subsection A of this section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in 3 192 Ordinance No. Section 11.08.005- La Quinta Municipal Code Adopted: December 7, 2004 Page 4 charge of the private property or business premises involved. C. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the city limits if a permit, entitlement or permission has been issued by the city manager or city council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A of this section. Subsection A of this section shall not apply to any municipally owned golf course and clubhouse. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 2004, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None 4 193 Ordinance No. Section 11.08.005- La Quinta Municipal Code Adopted: December 7, 2004 Page 5 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 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 5 194 Ordinance No. Section 11.08.005- La Quinta Municipal Code Adopted: December 7, 2004 Page 6 DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California 1.1 195 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Consideration of a Neighborhood Petition Proposal to Cul-de-Sac Fiesta Drive at Jefferson Street Intersection RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the petition request proposing to cul-de-sac Fiesta Drive at the Jefferson Street intersection, and direct staff to implement Access Option #1 or #2, which restricts some of the turning movements at the subject intersection, as part of the Jefferson Street Improvement project FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Forty-four residents living on Fiesta Drive and Hummingbird Lane signed a petition (Attachment 1) and submitted it to the City Council on January 7, 2004, requesting the installation of a cul-de-sac at the east end of Fiesta Drive near Jefferson Street. The City Council initially considered the neighborhood petition at its March 16, 2004 meeting. Staff presented six possible designs for configuring the Fiesta Drive/Jefferson Street intersection. City Council directed staff to: 1) send notices to all residents in the neighborhood to ensure all potentially impacted residents were informed of the petition request; and 2) conduct an informational meeting to apprise the residents of the possible solutions. S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B8 Fiesta Drive.doc 196 On June 23, 2004 and October 13, 2004, staff conducted informational meetings at City Hall. One -hundred twenty notices were sent to residents living on Fiesta Drive, Hummingbird Lane, Cortez Lane, Roadrunner Lane, Horseshoe Drive, Roudel Lane, and Westward Ho Drive before each meeting. Approximately 30 residents attended the first meeting and about 10-12 people attended the second meeting. Engineering staff prepared six exhibits last spring (Attachment 3) to facilitate discussion of the access options available to the City Council. All six (6) access exhibits were presented to residents attending the public information meetings. A petition opposing the installation of a cul-de-sac at the east end of Fiesta Drive near Jefferson Street was received by the City Clerk's office on October 11, 2004, containing the signatures of 108 residents living on Cortez Lane, Roadrunner Lane, Horseshoe Road, Roudel Lane and Westward Ho Drive (Attachment 4). Access. Options Access Option #1: - Connect Fiesta Drive to Jefferson Street and continue to accommodate two-way traffic on Fiesta Drive as currently shown on the Jefferson Street Improvement project plans. Install a median break on Jefferson Street when the new Jefferson Street improvements are constructed to accommodate northbound to westbound left turns only. Access Option #2: Connect Fiesta Drive to Jefferson Street and continue to accommodate two-way traffic on Fiesta Drive. Do not install a median break on Jefferson Street when the new Jefferson Street improvements are constructed. Fiesta Drive will function as a right -turn only intersection. Access Option #3: Close the Fiesta Drive connection to Jefferson Street to public access, but retain emergency only access. This access option can be implemented in two different ways: a. Install new Fiesta Drive improvements as proposed on the Jefferson Street improvement plans, but install an emergency only gate, and construct a turnaround stub -out on the neighborhood side of gate to accommodate vehicular turnaround. Delete the proposed median break on Jefferson Street. b. Construct an offset cul-de-sac bulb with emergency only access driveway connecting the cul-de-sac bulb to Jefferson Street. Access Option #4: Change the Fiesta Drive connection to Jefferson Street to accommodate one-way only traffic at the connection (westbound, i.e. enter the neighborhood), but two-way traffic elsewhere on Fiesta Drive. This option is implemented by constructing a mini -roundabout in the cul-de-sac to separate turnaround traffic and inbound traffic at the intersection. Install a median break when S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B8 Fiesta Drive.doc 2 the new Jefferson Street improvements are constructed to accommodate northbound to westbound left turns. Access Option #5: Change the Fiesta Drive connection to Jefferson Street to accommodate one-way only traffic at the connection (eastbound, i.e. leave the neighborhood), but two-way traffic elsewhere on Fiesta Drive. Do not install a median break on Jefferson Street when the new Jefferson Street improvements are constructed. Fiesta Drive will function as a right -turn only intersection for traffic leaving the neighborhood. Traffic Characteristics on Fiesta Drive Staff collected statistical information regarding the characteristics of traffic using Fiesta Drive. Using a Stealth Stat, an inconspicuous speed survey device that measures and records speed information for study purposes only, staff captured the following speed data: From 1 1:30 a.m. on October 7, 2004 to 5:00 a.m. on October 8, 2004 Vehicles Counted 481 Maximum Speed 40 MPH Average Speed 23.9 MPH 85' Percentile 28 MPH On Wednesday, October 6, 2004 and Monday, October 11, 2004, engineering staff parked on Fiesta Drive to observe and count high school cut -through traffic. On both occasions, the observation hours were from 7:00 a.m. to 8:00 a.m. and 2:00 p.m. to 3:00 p.m. Two cut -through vehicles were observed on October 6, 2004 and one cut - through vehicle was observed on October 11, 2004. No accidents have been reported to the Police Department since Fiesta Drive was reconstructed in 2000. Only one accident has been reported in the last ten (10) years, which was a side swipe type accident. Fiesta Drive is a 28' wide curvilinear street. It is the narrowest street allowed by the General Plan. Narrow curvilinear streets are purposely used in contemporary subdivision design to encourage traffic calming. The speed data collected by staff on Fiesta Drive validates this concept. Long straight streets in residential neighborhoods that are 36' or 40' wide typically yield higher speeds. The latter design concept is common in the Cove, and a few streets in North La Quinta. S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B8 Fiesta Drive.doc 3 198 Staff Analysis As a result of the aforementioned neighborhood meetings, as well as the opposing petitions received on this issue, it is apparent that the neighborhood is deeply divided. For the residents on Roudel Lane, it is a matter of convenience in gaining access to Jefferson Street. For the residents on Westward Ho Drive, it is a matter of keeping other circulation routes open so there is no unnecessary increase in the amount of traffic passing by their homes. With regard to the high school cut -through traffic, staff believes it has significantly declined in quantity as the quality of Westward Ho Drive has improved in recent years. Westward Ho Drive is a more direct route to La Quinta High School and it has been widened on both sides and newly paved. Additionally, time -efficient travel to and from the high school will improve in the coming year when a new traffic signal is installed at the Westward Ho Drive/Jefferson Street intersection as part of the Jefferson Street Improvement project. Fiesta Drive is one of two local streets that provide access between the arterial street system and the neighborhood (the other being Roadrunner Lane). There are thirty-six other properties located deeper in the neighborhood located on Cortez Lane and Roudel Lane whose residents currently choose between Fiesta Drive and Roadrunner Lane as their preferred route to the arterial street system (Attachment 2). Installing a cul-de- sac at the Fiesta/Jefferson intersection as requested in the petition forces all residents living in the neighborhood (approximately 100 homes) to use Roadrunner Lane and Westward Ho Drive to gain access to Jefferson Street. Given the fact that vehicular speed on Fiesta Drive is below average, coupled with the low traffic volume using Fiesta Drive, staff recommends denying the petition proposal to install a cul-de-sac on Fiesta Drive at the Jefferson Street intersection. At this time, there are not sufficient compelling adverse conditions to warrant closure of the Fiesta Drive/Jefferson Street intersection to all traffic. Approximately half of the neighborhood would benefit by installing a cul-de-sac on Fiesta Drive at Jefferson Street, but that benefit would come at the expense of the rest of the neighborhood losing access to Jefferson Street, while increasing traffic unnecessarily on Westward Ho Drive and Roadrunner Lane. S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B8 Fiesta Drive.doc 4 199 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the petition request proposing to cul-de-sac Fiesta Drive at the Jefferson Street intersection and direct staff to proceed with Access Option #1 or #2; or 2. Deny the petition request proposing to cul-de-sac Fiesta Drive at the Jefferson Street intersection and direct staff to proceed with one of the other access options; or 3. Provide staff with alternative direction. Respectfully submitted, 4T' othy . Jonas , P.E. Public Works Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Petition Submitted by Fiesta Drive Residents 2. Map of Indian Springs/Westward Ho Neighborhood 3. Access Options 1, 2, 3A, 313, 4, 5 4. Petition from Residents against Closure of Fiesta Drive S:\CityMgr\STAFF REPORTS ONLY\12-7-04\B8 Fiesta Drive.doc 5 ATTACHMENT 1 Neighborhood Petition t Donald Adolph, Mayor Stanley Sniff, Mayor Pro Tem Ron Perkins, Council Member Terry Henderson, Council Member Lee Osborne, Council Member htcERvEo 2 CITY OF L A O.UINT A CITY CLERK'S OFFICE The City of La Quinta is planning to convert that portion of Jefferson Street south of Highway 111 into a six -lane road with a traffic signal at the intersection of Jefferson Street and Westward Ho Drive. Traffic headed to and from La Quinta High School will use westbound Fiesta Drive as an alternate route from westbound Westward Ho Drive to evade this proposed traffic signal. Now is the time for the city council to consider creating a cul-de-sac at the current intersection of Jefferson Street and Fiesta Drive. The benefits to the current residents of the neighborhood include the usual benefits .of restricting neighborhood traffic, including pedestrian safety, reduced traffic noise, higher property values, etc. The current neighborhood near this proposed cul-de-sac has no sidewalks. The pedestrian school children from John Glenn Middle School, Amelia Earhart Elementary, and La Quinta High School have to walk on Fiesta Drive along with the traffic. This is a safety concern for all residents as many cars currently drive down Fiesta at a rate of speed exceeding neighborhood speed limits. All of the undersigned are residents of the La Quinta neighborhood near the corner of Jefferson Street and Fiesta Drive who respectfully request that the council consider the safety of the pedestrian school children who must share Fiesta Drive with the traffic to and from La Quinta High School. The undersigned respectfully request that the city council create a cul-de-sac at the intersection of Jefferson Street and Fiesta Drive. �Vazw VVIUL Signature i0e _ I"46 �L_ �! Signature tore k)d 1I A1v% 14144V" y ?c ' ao Fesi;& Printed Name Street Address gliQla & c�(A Ig -) 9 -frq 0 * F�s Printed Name Street Address U& Printed Name Street Address �Mgoa> 4k .�tv�s Printed Name Printed Name Street Address Street Address 61 ti�1 Signature . 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Signature Printed Name Street Address Signature Printed Name Street Address Signature Printed Name Street Address Signature Printed Name Street Address Signature Printed Name Street Address Signature Printed Name Street Address e 204 ATTACHMENT 2 __.. 6RSON AT 205 ATTACHMENT 3 ACCESS OPTION #1 "n v c� 8-Foot Wide Sidewalk Jefferson Street 1009 M�059WIESTA3.MW 20 ! 6 11 J ACCESS OPTION ##2 i o� i 8-Foot Wide Sidewalk i Jefferson Street 100, ............ 2 0'� CW%G-''RWFSTA5.CXW. AC CESS OPTION #3A C o 2-Point Turnaround 8-Foot Wide Sidewalk 0 j Emergency Access Gate 125 SF R/W Acquisition Jefferson Street 100' E 208 0VYGS*-MSTA4.0 W ACCESS OPTION #313 Jefferson Street 100, DVY0SNFMSTA2.DCW 0 9 .v ACCESS OPTION #4 Jefferson Street 100' OWGSWIESTA9.DCW ACCESS OPTION #5 c� v c� 2-Point Turnaround '20-Foot Wide Outbound Only Lane 8-Foot Wide Sidewalk 125 SF R/W Acquisition Jefferson Street 1008 211 DVVG-"WIE8TAa.MW AT IA_I�HMENT 4 PETITION TO LA QUINTA CITY COUNCIL AGAINST / CLOSURE 4F FIESTA DRIVE � FROM: MEMBERS OF THE WESTWARD HO PROPERTY OWNERS' ASSOCIATION; WESTWARD HO DR. HORSESHOE RD. ROADRUNNER LN. CORTEZ LN. AND ROIJDEL LN. MAYOR DONALD ADOLPH MAYOR PRO TEM STANLEY SNIFF COUNCILMAN RON PERKINS COUNCILWOMAN TERRY ]HENDERSON COUNCILMAN LEE OSBORNE The association members are deeply concerned about the safety factors involved by closure of Fiesta Dr. With the addition of 26 new homes on Roadrunner and Westward Ho Dr., Roger Snellenberger's new development.,�addditional traffic from Ties,Ia'sq reAden the Council will be helping their residents contribute to absolute gridlock to Roadrunner and Westward Ho Dr. In the event of a National Emergency the council will, by creating a cul-de-sac on Fiesta Dr. leave only one entrance and exit to Jefferson St. thereby creating a hazardous situation for all of Westward Ho Community's streets and property owner's. 212 17 ,IV � P, K'j w1z �p � Ii f<< M. 'SI10WO' - *1 11 • WE ARE AGAINST THE CLOSURE OF FIESTA N A RAI Anr%RFcc TRIP yv �fLSe S�fd-�� WAI r / / qV� , n� ►r i WE ARE AGAINST THE CLOSURE OF FIESTA NeMF AnDRE.S.S 7'E1-E M tsl W/2W2004 11:3'2 FAX 8-T02290505 ROWE LAISER STATE FAR* Jul 28 04 12:26p WE ARE AG.AIPiST THE- eLOSURE OF FIESTA TELL - - w A I"1 max. 22 217 WE ARE AGAINST 771E CLOSURE OF FIESTA p� ¢ N A MF ADDRESS TELE if WE ARE 'AGAINST 711E CLOSURE OF FIESTA Rau�E� /s, - N AMF AnnRF..SS - TELE L goo �� LW, v WrAl V W a W . ! FAO, Slim. ' NOW Iq 2l9 �� iQ fd RuHirER � �D We AREAGAINST THE CLOSURE OFwwmmmwv� N AMF ADDRESS 'MILE f t iAs-fw WE ARE AGAINST 771E CLOSURE OF FIESTA AnnRF..ck% WE ARE ACOUNST THE CLOSURE OF FIESTA = � W-%, W's rn ic% � Irip I F REPORT/INFORMATIONAL ITEM: 4 CULTURAL ARTS COMMISSION MINUTES October 14, 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 Loudon presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Charlene Lane (excused) STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Community Services Secretary GUESTS: Mrs. Berliner Mr. Ed Hill II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA - Correction on page 8 heading "Monthly" not "Mothly". Motion made by Brodsky/Gassman to approve Agenda as corrected. Unanimous IV. CONSENT CALENDAR A. Approval of Minutes of September 9, 2004 B. Department Report for July 2004 C. Financial Report for September 2004 It was moved by Commissioners Reynolds/Gassman to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS `W 4 Cultural Arts Commission Meeting Minutes Page 2. A. Artist Partnership Day - Director Horvitz confirmed the dates for the event as: Tuesday, October 26th at La Quinta Middle School and Wednesday, October 27th at the La Quinta High School. Staff had the opportunity this evening to speak with artist Sue Clark at the unveiling of her artwork at Path of the Big Horn unveiling requesting her participation on Artist Partnership Day. Staff met Mr. Ed Hill this evening, and will contact him regarding his involvement. Staff will also contact the list of artists provided by Commissioner Reynolds to discuss their availability to participate. Director Horvitz requested having two commissioners representing the Cultural Arts Commission attend each day. Commissioner Loudon stated she will e-mail Director Horvitz the commissioners' schedule of attendance. The Commissioners decided the luncheon for the Middle School participants will be at Morgan's, and the luncheon for the High School participants will be at the Main Street Bar & Grill. Director Horvitz advised staff will e-mail the commissioners with confirmation of dates, times, and locations for the luncheons B. Veteran's Day Event - motion made by Gassman/Brodsky to host Veteran's Day event performers. Unanimous. Commissioners Reynolds and Gassman will be available to attend this event. Staff is working on securing entertainment. The event will be held at the City Hall campus if the weather is good; if not, it will be moved indoors to the Senior Center. C. Future Events and Entertainment - Commissioner Loudon welcomed Mrs. Berliner who was invited to answer questions regarding holding a concert in the amphitheater. Mrs. Berliner stated their group "Age to Perfection" have a basic fee of $350 for a one hour concert which consists of three people. There would be an additional charge of $125 per person for a drummer and bass. Commissioner Reynolds was most interested in having a performance of musical show tunes. Mrs. Berliner stated their performance would include narration of where the songs come from, who wrote and performed the songs. Mrs. Berliner gave a background of her work which includes performing with the "Debonairs" at tea dances every other Thursday at the Jocyln Senior Center. Mrs. Berliner said they have their own mike and amps but would need lighting and sound engineers. Director Horvitz stated the City does not provide engineers. Motion made by Reynolds/Gassman to ask for a proposal from the Berliners' for a concert with 5 piece group for 1 Y2 hours to be held on April 17`h, 2005. Unanimous. Discussion by Commissioners to hold a monthly activity for the community on Sunday afternoons. Motion made by Gassman/Reynolds to recommend to the City Council that the Cultural Arts Commission conduct an event on the third Sunday of the month as follows: January - All Womens' Mariachi Band 225 iGO2 Cultural Arts Commission Meeting Minutes Page 3. February - Virginia Waring Piano Concert April - Berliner's concert May - Puppet show Director Horvitz stated we will need to receive proposals from these vendors and have a budget established before we can submit the recommendation to the City Council for approval. Commissioner Loudon asked the Commissioners to note page 21, paragraph 3 of the Agenda which states: "The City has funded many organizations over the years through various grant programs, and although the organizations may perform for non-profit organizations without charge, a donation is requested from the City for their participation in City sponsored events. Therefore, the Commission should budget a substantial donation to local performers for events." D. November Meeting Date - the meeting will be held in the Study Session on November 1 1 th, at 1 1:00 a.m. prior to the Veteran's Day event. Commissioner Loudon requested sandwiches be provided for the commissioners at this meeting. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Old Town La Quinta Mural Project Update - Director Horvitz stated it will take several months for Tom McGraw to complete the project. Vill. COMMISSIONER ITEMS A Attendance at Community Functions - Co.mmissioners Loudon, Brodsky, Reynolds and Gassman attended the unveiling of the Path of the Big Horn earlier this evening. For clarification, Director Horvitz, explained the City Council has asked for the Commissioners to provide a report on any activities they attended other than Commission meetings. This portion of the meeting is for the Commissioners to state this information. Commissioner Gassman attended the groundbreaking ceremony for the La Quinta Skate Park, Valley Confidential, and Arts under the Umbrellas. Commissioner Reynolds also attended Valley Confidential and Arts Under the Umbrellas. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:00 PM. Submitted by: +�. 3 226 Cultural Arts Commission Meeting Minutes Page 4. 21u& - 7q,,� Therese Vella-Finorio, Community Services Secretary REPORT/INFORMATIONAL ITEM: / I INVESTMENT ADVISORY BOARD Meeting October 13, 2004 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Lewis, Olander, Moulin, and Mahfoud ABSENT: Board Member Deniel OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 14, 2004 for the Investment Advisory Board. MOTION - It was moved by Board Members Olander/Moulin to approve the Minutes of September 16, 2004. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for August 2004 Mr. Falconer informed the Board that as of August 31, 2004, the LAIF balance is currently below $10 million, which places the percentage below 5%. In response to Board Member Moulin, Mr. Falconer also informed the Board that on September 1', 2004 $8.5 million was wired to U.S. Bank for a debt service payment. 228 Investment Advisory Board Minutes Ocotober 13, 2004 MOTION - It was moved by Board Members Olander/Mahfoud to approve, receive and file the Treasury Report for August 2004. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - September 2004 General comments were made by the Board in reference to the yield curve, LAIF balances and comparable rates to short-term T-Bills. Noted and Filed B. Pooled Money Investment Board Reports - July 2004 General discussion was ensued amongst the Board on the reporting of the outflow/inflow of proceeds into LAIF and LAIF balances. Mr. . Falconer advised the Board that he would research LAIF's website for additional reports that might reflect breakdowns of these funds. Board Member Olander suggested to Staff that this item might be discussed at the upcoming LAIF Conference. Noted and Filed Vill BOARD MEMBER ITEMS In response to Board Member Moulin, Mr. Falconer advised the Board that the registration deadline date for the LAIF conference was October 15". General discussion ensued amongst the Board regarding Fannie Mae and their accounting practices and the impact the current presidential election will have on both Fannie Mae and Freddie Mac,' along with the impact to the economy. In response to Board Member Moulin, Mr. Falconer advised the Board that the Investment Policy work plan will be taken back to Council for approval. Board Member Moulin commented to the Board that the joint meeting with Council was positive, Board Member Olander concurred. PA 229 Investment Advisory Board Minutes Ocotober 13, 2004 Chairman Lewis commented to the Board about the comments made by the City Attorney, the use of a money manager and the possible affect it could have on the City Treasurer. In response to Board Member Moulin,'Mr. Falconer informed the Board that the audit is scheduled to go before the City Council the second week in November. There were only 3 to 4 housekeeping items, none of which resulted in cash. Staff has not received a draft from the auditors. Mr. Falconer also informed the Board that Mr. Mike Harrison, of Conrad and Associates is scheduled to meet with the Board in December. VIII Adjournment MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 5:50 p.m. Motion carried unanimously. Su7'e by, f U Vianka Orrantia Secretary 3 230 Department Report: Logo 41 Gv ql-� 'XA AI OF . TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Mana9 er e DATE: December 7, 2004 SUBJECT: Department Report - Response to Public Comments The following public comment was made at the November 16, 2004, City Council meeting: 1. Joan Beavers, 78-015 Main Street, of Postal Mania, spoke regarding 'a parking problem on Avenida La Fonda. She requested the installation of at least two 15-minute parking signs or parking meters. Council referred the matter to staff. 231 DEPARTMENT REPORT: S- A £ . CITY COUNCIUS ;ra g �,i�. of tak6 M;4r !� UPCOMING DECEMBER 3 DECEMBER 4 DECEMBER 6 DECEMBER 7 DECEMBER 10 DECEMBER 11 DECEMBER 16 DECEMBER 17 ANNUAL TREE LIGHTING CEREMONY - CIVIC CENTER CAMPUS 6�0-8.*00 P-ft SANTA PAWS PET PORTRAITS - CIVIC CENTER CAMPUS 10:00-11:00 A.M. HOLIDAY OPEN HOUSE -11:30 A.M. CITY COUNCIL MEETING SENIOR DANCE - SENIOR CENTER 7:00-10:00 P.M. BREAKFAST WITH SANTA - SENIOR CENTER 9:0-11:00 A.M. ANNUAL HOLIDAY LUNCHEON - SENIOR CENTER -11:30 A.M. 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' ' i"�'Eie i! # i i ` # 27 28l4# 6:00 PM Exec Cmte. #!#i#yil i iij#(i i' January March Adolph Ijj!I#j€ ' ` i I I€ E iki##j;j;i '�ilf •� `• }# S M T W T F S S MT W T F S �� ! iEN#}€!!I€I: }j ! I•j 1 1 2 3 4 5 2 3 4 5 6 7 8 li II! 6 7 8 9 10 11 12 € 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 ij i i I# i E € iiE jE i F# 20 21 22 23 24 25 26 i �! i 23 24 25 26 27 28 29jii 30 31 27 28 29 30 31 E }€�j� ! li # j , I �.� � „� i.:.li ij!i :i!!' # #'ii' EEi ;#•:!}}!i � , ! �.} :} i}�}: ! � ! I i� i#i# ##.ji :.:.::,..:....:.. :. �:j: i i ! !E# ! i i ii4` #! i.i.€i !'ii:#•€E;#i. #ijiEji##Ei# . i . ri: ii iiE:}F; }€:# , ##i!}#}!#I E: Printed by Calendar Creator Plus on 12/1/2004 235 La Quinta Middle School Participant List - December 2004 LAST NAME FIRST NAME Barrera David Davis Meghan Fain Matthew Flores Gina Garcia Sherwin Hernandez Ricardo Holland Leton Hotz Elizabeth Legg Christopher Ligman Shelby Loe Danni Monnin Andrew Nieto Margaret Rodriguez Janette Rodriguez Keyl a Sanchez Jesse Silva Christian Soto Anthony Toro Celeste Vasquez Teresa Viveros Alec SACommunity Services\Artwork (Student)\ArtWall\LQ Middle School 2003-04\Alphabetical list.doc 236 Lou `` • 4 U OF9 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and Ordinance for: 1) Certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526; 2) Consideration of General Plan Amendment 2004-103 and Zone Change 2004-122; to Remove ± 159 acres of Very Low Density Residential Designations and Replace with Low Density Residential Designations; 3) Griffin Ranch Specific Plan 2004-074, Design Guidelines and Development Standards for 303 Residential Units; and 4) Tentative Tract Map 32879, to Subdivide ± 199 Acres into 303. Residential Lots and Other Amenity Lots, Located Along the South Side of Avenue 54, the East Side of Madison Street, the North Side of Avenue 55 Alignment, and ± Y4 Mile West of Monroe Street. Applicant: Transwest Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to continue consideration of Environmental Assessment 2004-526, General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004-074 and Tentative Tract 32879, to the regularly scheduled City Council meeting of December 21, 2004. BACKGROUND AND OVERVIEW: Staff is requesting a continuance of this item to the City Council meeting of December 21, 2004, as this item has been continued to the Planning Commission meeting of December 14, 2004 Respectfully submitted and approved for submission by, Thomas P. Genovese, City Manager/ Interim Community Development Director 2 3'7 0J �� • �, o .cam 0F9 COUNCIL/RDA MEETING DATE: December 7, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and First Reading of an Ordinance for: 1) Certification of a Mitigated Negative Declaration for Environmental Assessment 2003-470; 2) Consideration of General Plan Amendment 2003-091 and Zone Change 2003-112 for the Northeast Corner of Washington Street and Avenue 50 from Low Density Residential to Medium High Density Residential and the Southeast Corner of Washington Street and Avenue 50 from Office Commercial to Medium Density Residential; 3) Specific Plan 2004-071 for Development Plans and Guidelines; 4) Conditional Use Permit 2003-074 to Allow a Senior Retirement Community; and 5) Site Development Permit 2003-762 for Development Plans to Construct 216 Independent Living Units, 20 Assisted Living Units, 18 Dementia Care Beds, and 20 Skilled Nursing Beds Located at the Northeast and Southeast Corners of Washington Street and Avenue 50. Applicant: Pacific Retirement Services and Westport La Quinta, L.P. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATIONS: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-470; 2. Adopt a Resolution of the City Council approving General Plan Amendment 2003-091; 3. Call up an Ordinance by number and title only and waive further reading. Introduce first reading of Ordinance No. for Zone Change 2003-1 12; 4. Adopt a Resolution of the City Council approving Conditional Use Permit 2003- 074, subject to Findings and Conditions of Approval; S:\CityMgr\STAFF REPORTS ONLY\PH 3 Westport.doc 5. Adopt a Resolution of the City Council approving Specific Plan 2004-074, subject to Findings and Conditions of Approval; and 6. Adopt a Resolution of the City Council approving Site Development Permit 2003-762, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: Because this request includes rezoning the south site from Office Commercial to Medium Density Residential, the applicant has prepared a fiscal impact analysis (Attachment 1). This analysis compares the fiscal benefit to the City of potential office and limited retail uses on the south site versus the proposed project at build -out. The analysis concludes there are general deficits with the proposed project as well as the commercial office project; however, the office project would generate a surplus because of the tax increment revenue. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General Plan Designation and Zoning Existing - Low Density Residential 17/1 at the northeast corner of Washington Street and Avenue 50 and Office Commercial at the southeast corner of Washington Street and Avenue 50. Surrounding Zoning and Land Uses North: RM 17/1 / single-family residential South: OC and FP / drainage channel East: FP / drainage channel West: RL / single-family residential General The 21-acre project site consists of two parcels on the east side of Washington Street separated by Avenue 50 (Attachment 2). The north parcel (north site) is 14 ± acres in size with the southern parcel (south site) 7 ± acres. Portions of the north site have been grubbed, filled and graded over the years. The south site is in a depression and does not appear to have been graded. Power poles run along the perimeter of the site along Washington Street, the north property line of the north site, the north side of Avenue 50 and east property line of the south site. 02 S:\CityMgr\STAFF REPORTS ONLY\PH 3 Westport.doc 239 The north site was approved for a single-family subdivision (Tentative Tract Map 26148) in the late 1980's, but expired after allowable extensions were granted without the Final Map being recorded. An application was received for the south site to change the Zoning and General Plan designation to Neighborhood Commercial from Office Commercial and to allow a retail center, including a Walgreens drug store, in 2001. These applications were withdrawn after the Planning Commission recommended denial. Both sites have remained vacant and no approvals exist. To the north of the project site are detached single-family residences. Immediately to the east is the La Quinta Evacuation Channel, a drainage course of the Coachella Valley Water District that accepts local storm water run-off. Beyond the channel to the east on the northern parcel is La Quinta Middle School and park site. East of the channel on the south site is a golf course fairway and beyond that is the La Quinta Fairways residential project. To the west of both sites are residential country clubs. Project Request The proposed project is a full service retirement community complex consisting of 216 independent living units (166 units on the north site and 50 units on the south site), 20 assisted living units plus 18 dementia care beds and 20 skilled nursing beds (Attachment 3). All of the assisted living, dementia care and skilled nursing beds are on the north site. The facility will be licensed by the State of California and operated pursuant to State requirements. The operation of the facility is described on Page 4 of the Specific Plan submitted for the project (Attachment 2). Generally, it is a full service facility that allows residents to enter as a tenant of the independent or assisted units and move to more intensive care units if and when the resident's need arises. Initially, tenants will be allowed to enter directly into assisted units or dementia or skilled nursing beds. Meals are provided if wanted or needed and other amenities such as an auditorium, pool, fitness center, craft area, library, computer learning center, medical clinic, putting green, and bocce ball court are provided in and around the independent living building. One hundred people will be employed at the facility with a maximum of 50 employees at any one time available to provide on -site services to tenants. General Plan Amendment In order to accommodate the project, a General Plan Amendment is needed. The north site is proposed to be changed from Low Density Residential (up to 4 dwelling units per acre (du/ac)) to Medium -High Density Residential (up to 12 du/ac). The south site is proposed to be changed from Office Commercial to Medium Density residential (up to 8 du/ac). i v4 P:\stan\westport la paloma\cc staff rpt2.doc 240 Zone Change A zone change is needed in conjunction with the General Plan Amendment. The north site is proposed for Medium -High density residential and the south site is proposed for Medium Density. The north site will be at 11.9 du/ac, while the south site is proposed at 7.1 du/ac. With these designations, the proposed facility is permitted with approval of a Conditional Use Permit. Conditional Use Permit In the Medium -High and Medium Density Residential Districts, facilities such as these are permitted with a Conditional Use Permit. Findings needed to approve a Conditional Use Permit include compliance with the General Plan, Zoning Code, the California Environmental Quality Act (CEQA) and the determination that the use will be compatible with and not materially detrimental to surrounding properties in the area. Specific Plan A Specific Plan has been submitted to address the project design criteria and development standards (Attachment 4). Requested as part of the Specific Plan is an allowance of a 21-foot rear yard setback adjacent to the cottages (independent living duplex residences, on the south site) adjacent to Washington Street, rather than the 25-foot setback required. The second adjustment is a request to allow open patio covers for the cottages in this setback to within 15 feet of the street property line. These adjustments are acceptable to staff. Site Development Permit General The project is proposed in three phases. Phase 1 will be on Washington Street and consist of the primary administrative facilities and majority of the independent living units on the north site. The assisted living and nursing beds on the east end of the north site will be the second phase. The last phase would be the independent units on the south site. Site layout The main structure on the west half of the north site will house the independent living areas and facility administrative offices. The skilled nursing beds will be in a separate one-story building at the southeast corner of the north site with the two-story assisted living units and dementia beds in a separate building to the north. These two buildings will be connected by a covered walkway. P:\stan\westport la paloma\cc staff rpt2.doc 241 The north site will have the appearance of a condominium or hotel complex with one and two story structures. The south site will include 34 one-story independent living cottages (duplexes) and a two-story garden apartment building with 16 units in the middle of the south site. On the north site the two-story independent living structure is approximately 74 to 84 feet from the north property line, 152 feet from Washington Street and 91 feet from Avenue 50. The independent living facility structure will be two stories in height (28 foot maximum). As required, within 150 feet of Washington Street, the structure does not exceed 22 feet in height. The skilled nursing/assisted living structure on the east side of the north site will be 86 feet from the north property line, 63 feet from the east property line, and 63 feet from the Avenue 50 property line. On the south site, the cottages will have a minimum 41 foot setback from the public streets and a 25 foot setback from the east property line. A loading area for deliveries and trash compactor are provided on the east end of the independent living building approximately 270 feet south of the north property line. Storm water runoff will be allowed to drain into the adjacent La Quinta Evacuation Channel. Nuisance water from things such as irrigation runoff will need to be retained on site. Several retention basins are provided throughout both sites to accommodate this runoff. Design The design of the buildings, as described by the Specific Plan, is based on a combination of early traditional Mediterranean, California Mission, Spanish, and Southwest design. The north site building uses a combination of flat and sloped tile roofs with wells for a/c equipment. Some rooms will have balconies or trellises or tile "eyebrows" over first floor windows. Additionally, the accents on the building walls and a first floor wainscot treatment around the building will be provided. Roof tiles will be a red blend "S" style with plaster walls in creme to light gold color. Wood trim will be dark brown with black railings. Windows will consist of a combination of paned and un-paned glass. The buildings on the south site will include 34 one-story cottages around the perimeter and a 16-unit, two story "L" shaped garden apartment building in the middle. These units will be architecturally similar to the buildings on the north site. The apartment will be ± 28 feet in height and contain 16 two -bedroom units (eight on each floor). As required, within 150 feet of Washington Street, the structures will not exceed the maximum 22 foot height requirements. P:\stan\westport la paloma\cc staff rpt2.doc 2440 Access/Parking Based on the Zoning Code requirements, 277 parking spaces are required. The proposed plan provides approximately 313 spaces which the applicant believes is needed to allow for special peak periods based on their previous projects. This number includes uncovered spaces, carports, on -street spaces and garage spaces. The north site proposes ± 165 parking carport spaces. Along the north boundary of the north site, 64 of the carport spaces will be provided with flat metal roofs. Flat roof carports are being proposed in this location so that they will not block views of the adjacent residences to the north. Along Avenue 50 of the north site, 54 carport spaces will be provided. These carports will have a tile hip roof and will be 13'-2" high. The fascias will use wood trim with support beams using a combination of tube steel posts and wood trim. On the south site, the 34 one-story "cottages" will have a garage for one car and a golf cart. The garden apartments will be provided with 20 detached carport spaces. Each site will have a driveway on Washington Street and Avenue 50. Additionally, a tunnel is proposed under Avenue 50 for pedestrians and cart access. The Washington Street driveway on the north site will lead to the main building entry, porte cochere and guest parking. Vehicular access to both sites will be gated. On the north site the Washington Street gate is in the parking lot and permits guest parking and pedestrian drop-off and pick- ups outside the gates. When and if needed, additional guest parking will be available behind the gates. Landscaping/Lighting Minimum 20-foot landscape setbacks are provided adjacent to Washington Street and Avenue 50. These setbacks are landscaped with low water use plants and trees. Lawn areas are limited to court yard activity areas on the north site and adjacent to the entry facing Washington Street. A minimum 10-foot landscaped setback is shown along the north property line of the north site adjacent to the residential development. Both sites will be provided with a decorative plaster split/face block perimeter wall. For noise attenuation on the south site, facing Washington Street, the wall will be on a minimum one -foot high berm and use noise attenuation construction. Along the north property line of the north site there is a combination of styles and colors of walls and wood fences installed for the houses to the north. Adjacent to the few vacant lots there are no walls or fences. The applicant would like to replace these walls and fences with a matching six-foot high masonry wall or, if the adjacent owners do not agree, they would construct a second six-foot high wall on their side of the property. 06 243 P:\stan\westport la paloma\cc staff rpt2.doc Parking lot lighting will consist of luminaries on 16-foot high poles or ceiling mount carport lights. Adjacent to the north property line of the north site no 16-foot pole light are proposed. Walkways and other areas will be lit with short bollard lights. The south site will use a combination of 16-foot pole and bollard lights. Monument Signs Two plaster coated masonry monument signs are proposed with "La Paloma Senior Living Community" copy. A 4-foot high by 10-foot long single -sided sign is shown for use on the northeast and southeast intersections. At each of the four driveways a 301 - 8" high by 8' long double -sided matching monument sign is proposed. The signs will use two colors matching the buildings. Interface with Residential Uses to North As part of the project exhibits, the applicant has submitted cross sections and photo simulations showing the relationship between the project site and existing residences to the north along Saguaro Road. The sections primarily show the relationship between residences finish grade, proposed flat -roofed carports and the two-story independent living structure. The sections show that the proposed new grade will be at, or lower than, the adjacent finished grade of the existing residential lots. The sections and photo simulations are intended to show that, due to lower grading of the project site and the setback of two- story independent living structure, more of the mountain view to the south will be seen when compared to the construction of a single-family home with a 20-foot minimum rear yard setback. An additional section is provided to show the relationship of the south site structures to the residences at La Quinta Fairways to the east. Public Notice This request was advertised in the Desert Sun newspaper on November 27, 2004, and mailed to all property owners within 500 feet around the project boundaries. As of this writing no new correspondence has been received. Any comments received will be handed out at the meeting. Enclosed are letters received prior to or at the Planning Commission meeting on November 9, 2004 (Attachment 5). Environmental Consideration Environmental Assessment 2003-470 was prepared for this Specific Plan in compliance with the requirements of the California Environmental Quality Act of 19701 07 244 P:\stan\westport la paloma\cc staff rpt2.doc as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and, therefore, recommends that a Mitigated Negative Declaration of environmental impact be certified. Planning Commission Review The Planning Commission reviewed this request at its meeting of November, 9, 2004 (Attachment 6). At the meeting the applicants presented a detailed description of the project, noting that four meetings were held with surrounding nearby neighborhood property owners. At the meeting the applicants indicated that the power poles along the north property line of the north site adjacent to the single-family lots that front on Saguaro Road would be undergrounded at their expense. Additionally, they stated that the Washington Street driveway on the south site would be "emergency only" and not a regular access for tenants. Tenants would use only the Avenue 50 driveway. Items of discussion by the Planning Commission included outdoor lighting, vehicle use by tenants, services provided for tenants, building heights and locations, carport design, traffic, and the applicant's requests for amendments . to several conditions. Thirteen audience members spoke regarding the project. One petition against the project was submitted at the meeting. On a 4-0 vote with Chairman Kirk excusing himself because his firm was the engineer/planners on the project, the Commission adopted Resolutions 2004-085 through -090, recommending to the City Council certification of the Mitigated Negative Declaration and approval of the proposed applications subject to the Findings and amended Conditions of Approval. Revised conditions of significance included requiring a tile roof on the northern carports and permitting as part of the Specific Plan approval, a maximum 7-foot height for walls along the north property line of the north site to ensure the northerly owners' privacy and compatibility. Revision Request from the Applicant Staff received a last minute letter from MSA Consulting, on behalf of the applicant, requesting seven revisions to the recommended Conditions of Approval (Attachment 7). The revisions pertain to design, landscaping and Public Works Department requirements. Staff will prepare and distribute a separate written response to this letter on Tuesday evening for your review and consideration. FINDINGS AND ALTERNATIVES: The Findings needed to certify the Mitigated Negative Declaration of Environmental Impact and approve the General Plan Amendment, Zone Change, Specific Plan, Conditional Use Permit, and Site Development Permit can be made as noted in the attached Resolutions. 24� P:\stan\westport la paloma\cc staff rpt2.doc The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-470; Adopt a Resolution of the City Council approving General Plan Amendment 2003-091; Call up an Ordinance by number and title only and waive further reading. Introduce first reading of Ordinance No. for Zone Change 2003-1 12; Adopt a Resolution of the City Council approving Conditional Use Permit 2003- 074, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving Specific Plan 2004-074, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving Site Development Permit 2003-762, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions and Ordinance of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-470 and the related applications; or 3. Provide staff with alternative direction. Approved for submission and respectfully submitted by: Thomas P. Genovese, City Manager/ Interim Community Development Director Attachments: 1. Fiscal impact analysis 2. Location Map 3. Plan exhibits (document for City Council only) 4. Specific Plan text (document for City Council only) 5. Letters received 6. Planning Commission minutes for the meeting of November 9, 2004 7. Letter from MSA Consulting dated December 2, 2004 In 9 P:\stan\westport la paloma\cc staff rpt2.doc 246 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2003-091, ZONE CHANGE 2003-112, SPECIFIC PLAN 2004-071, CONDITIONAL USE PERMIT 2003-074 AND SITE DEVELOPMENT PERMIT 2003-762 ENVIRONMENTAL ASSESSMENT 2003-470 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California, did, on the 71h day of December, 2004 hold a duly noticed Public Hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for Environmental Assessment 2003-470 prepared for General Plan Amendment 2003-091, Zone Change 2003-112, Conditional Use Permit 2003-074, Specific Plan 2004-071 and Site Development Permit 2003-762 which allows a senior retirement community, located at the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 AND 770-040-012 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 91h day of November, 2004 hold a duly noticed Public Hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for Environmental Assessment 2003-470 prepared for General Plan Amendment 2003- 091, Zone Change 2003-112, Conditional Use Permit 2003-074, Specific Plan 2004- 071 and Site Development Permit 2003-762 and recommended certification by adoption of Resolution 2004-084; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on November 27, 2004, for the City Council meeting as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1 . The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2003-470. 10 247 City Council Resolution No. 2004- Environmental Assessment 2003-470 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: December 7, 2004 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts associated with cultural and paleontologic resources can be mitigated to a less than significant level. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of senior residential housing will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan build -out. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. The Coachella Valley is in a non -attainment area for PM 10, and the site will generate PM 10; however, there are a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been addressed through a series of mitigation measures, which will lower the potential for significant impacts to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The Planning Commission has considered Environmental Assessment 2003-470 and said reflects their independent judgment. 1.1 248 P:\Reports - CC\ 1 2-7-04\Westport - La Paloma\ea 03-470 cc res.doc City Council Resolution No. 2004- Environmental Assessment 2003-470 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: December 7, 2004 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2003-470 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2003-470 reflects the Council's independent judgment. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 12 P:\Reports - CC\ 1 2-7-04\Westport - La Paloma\ea 03-470 cc res.doc 249 City Council Resolution No. 2004- Environmental Assessment 2003-470 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: December 7, 2004 ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney 13 P:\Reports - CC\12-7-04\Westport - La Paloma\ea 03-470 cc res.doc 250 Environmental Checklist Form 1. Project title: General Plan Amendment 03-091, Zone Change 03-112, Specific Plan 04-071, Conditional Use Permit 03-074, Site Development Permit 03-762, La Paloma Project 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa - 760-777-7125 4. Project location: The Northeast and Southeast corners of Washington Street and Avenue 50. APN: 646-070-013 and 770-040-012 5. Project sponsor's name and address: Westport La Quinta LP 3801 PGA Boulevard, Suite 805 Palm Beach Gardens, FL 33410 01 Pacific Retirement Services 1200 Mira Mar Medford OR 97504 General plan designation: Current, northeast corner: Low Density Residential Proposed, northeast corner: Medium High Density Residential 7. Zoning: Current, northeast corner: Low Density Residential Proposed, northeast corner: Medium High Density Residential :Current, southeast corner: Office :Current, southeast corner: Office Proposed, southeast corner: Medium Density Commercial Residential Proposed, southeast corner: Medium Density Residential Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project includes lands on the east side of Washington Street, both north and south of Avenue 50. The project proposes the development of 216 assisting living units, 20 skilled nursing beds and 18 dementia care beds on a total of 21 acres. A number of applications have been filed, as follows: General Plan Amendments (GPA) and Zone Changes ZC): On the northeast corner of Washington Street, a GPA and ZC from the current designation of Low Density Residential to Medium High Density Residential on 14.01 acres of land. On the southeast corner of Washington Street and Avenue 50, a GPA and ZC from the current designation of Office to 14 -1- 251 Medium Density residential on 7.67 acres of land. Specific Plan: A Specific Plan which establishes the design standards and guidelines for a 254 unit retirement community, consisting of independent and assisted living units, skilled nursing units, and a dementia unit. Most of the buildings are proposed to be two story in height. Access to the northeast portion of the site is proposed on both Washington Street and Avenue 50. Access to the southeastern site is also proposed on both streets. The access points on Avenue 50 are offset, and would be separated by a median on Avenue 50, so that direct vehicular access could not be gained from one side to the other. Interior driveways circle each site, and are proposed to be 26 feet wide. Conditional Use Permit: A conditional use permit is required to allow "congregate care facilities" in the Medium High and Medium Density Residential category. Site Development Permit: A site development permit is required to allow the construction of the facility based on the standards and guidelines of the Specific Plan 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Northeast Corner: North: Existing single family homes (Low Density Residential) South: Avenue 50, Vacant desert lands included in project (Office) West: Washington Street, Existing single family residential, golf course (Low Density Residential, Golf Course Open Space) East: La Quinta Evacuation Channel (Watercourse/Flood Control) Southeast Corner: North: Avenue 50, Vacant desert land included in project (Low Density Residential) South: Vacant desert land, La Quinta Evacuation Channel (Office, Watercourse/Flood Control) West: Washington Street, Existing single family residential, golf course (Low Density Residential, Golf Course Open Space) East: Avenue 50 and La Quinta Evacuation Channel (Watercourse/Flood Control) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- is 252 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ea4w, October 31, 2004 Signature Date 253 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. rry 254 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. -5- 18 255 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Washington Street is a Primary Image Corridor as defined by the General Plan, while Avenue 50 is designated a Secondary Image Corridor. These designations require that enhanced landscaped setbacks be provided. Additionally, the City requires that height restrictions be implemented adjacent to the roadways. The proposed project will include single story development closest to Washington Street, and two story development for he balance of the site. The northern site is located adjacent to single story residential development on its northern boundary. The buildings along the northern boundary will be set back at least 55 feet from the property line, and are generally not massed on this line. These buildings will be a maximum of two stories in height. Single family development, should it have occurred on the site, could also have been two stories in height. There are no significant natural features on the site. Impacts associated with visual resources are not expected to be significant. The construction of the proposed project will cause an increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Further, residential lighting is generally limited, and of low intensity. Impacts will not be significant. -6- �� 256 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The proposed project is located in an urbanized area of the City. There are no agricultural activities within several miles of the project site. There are no Williamson Act contracts on the project site. There will be no impacts to agricultural resources as a result of the proposed project. -7- 20 257 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook, Project Study) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook, Project Study) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley, Project Study) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Project Study) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The emissions from vehicles have the greatest impact on air quality in the City. The proposed project is estimated to generate up to 617 average daily vehicle tripsl. This trip generation level is very low due to the nature of the senior care facility. Should the project not be built, the General Plan Amendment could generate up to 260 multi -family residential units. These units could generate up to 1,724 daily trips if the project were a market project. In order to calculate the most conservative potential impacts, the calculations provided below are based on 1,724 daily trips. "La Paloma Residential Development Traffic Impact Analysis," prepared by Urban Crossroads, July 2004. -8- 2 1 258 Moving Exhaust Emission Projections at Project Buildout (Dounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,724 x 15 = 25,860 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 2,327.40 60,512.4012,412.80 - 258.60 258.60 Pounds at 50 mph 5.14 133.58 27.40 - 0.57 0.57 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1724 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the maximum potential units on the project site would not result in exceedances of the SCAQMD thresholds of significance. Impacts associated with vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during grading. Under mass grading conditions, the site could generate up to 572.35 pounds of dust per day while grading is active, without mitigation. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth. moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. -922 - 259 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion,of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 10. Landscaping of the landscaped parkway on Washington Street and Avenue 50 shall be completed immediately following precise grading of the sites. Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project is not expected to generate objectionable odors, nor will it expose residents to concentrations of pollutants. 23 -i0- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA p. 74 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA p. 74 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA p. 74 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA p. 74 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance (General Plan MEA p. 74 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state -11- 24 261 habitat conservation plan? (General Plan MEA p. 74 ff.) IV. a)-f) Both sites have been significantly impacted by roadway development and surrounding development. The northern site is surrounded by roadways on two sides, existing single family development on the north, and the La Quinta Evacuation Channel on the east. The southern site is triangular in shape, and has streets on two sides and the La Quinta Evacuation Channel on the third. The sites are sparsely vegetated, and isolated, and do not provide significant habitat. The sites are not within a special study area for species of concern in the General Plan. No impacts associated with biological resources are expected to result from implementation of the proposed project. Only the northern site is located within the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan's fee mitigation area. Development on that portion of the project will be required to pay the fee in place at the time of development. 25 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the pral l ect: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Historical/Archaeological Resources Survey," CRM Tech, September 2004) V. a)-b) & d) Cultural resources studies were completed for both proposed project sites2. The investigations included both records searches and field investigations. Southern Site A scatter of historic/modern refuse and prehistoric isolates were found on the southern project site. The study further determined that although impacted, the southern site may yield sub -surface resources, and that the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present on site during any earth moving activities. Should the monitor identify a resource, he shall be empowered to stop or redirect earth moving activities until such time as the resource can be properly identified and processed. The archaeological monitor shall be required to prepare a report at the end of earth moving activities and file such report with the Community Development Department. , 2 "A Phase I Cultural Resource Investigation of 7.63 Acres at the Southeast Corner of Avenue 50 and Washington Street, City of La Quinta," prepared by McKenna et al., January 19, 2000. Also "Cultural Resources Report Desert Club Manor Project," prepared by CRM Tech, April 1998. -13- 263 Northern Site A potentially significant location was recorded on the site, CA-RIV-6074, which requires further investigation, in order to assure that the potential impacts are mitigated to a less than significant level. The following mitigation measure shall be implemented to assure that potential impacts to CA-RIV-6074 are reduced to less than significant levels: 1. Prior to any earth moving activities on the site, a Phase II investigation shall be conducted for CA-RIV-6074. The results of the investigation shall be provided in a report to be submitted to the City for review and approval prior to the issuance of grading permits. The implementation of these mitigation measures shall ensure that all potential impacts associated with cultural resources are mitigated to a less than significant level. V. c) Neither site occurs within the historic boundary of ancient Lake Cahuilla. No impacts to paleontologic resources are expected. 2'7 2 -14 6 4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact . Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The proposed project is located in a Zone III groundshaking zone. The City implements the most stringent provisions of the Uniform Building Code for seismically active zones. These provisions will apply to the proposed project. The site is not located in an area with a high potential for liquefaction, and is some distance from any hillsides, so is not subject to landslides. The mitigation measures provided under air quality will assure that potential soil erosion from wind are mitigated. The potential impacts associated with soil 28 -15- 265 erosion due to rain storms will be addressed in the preparation of final grading plans for the site. The soil type on and in the vicinity of the project are not considered expansive. The proposed project will be connected to CVWD sewer systems, and will therefore not require septic tanks. Overall impacts to geology and soils, are expected to be less than significant. 29 -16- 266 Potentially Less Than Less Than No Significant Significant w/ Significant Impact r Impact Mitigation Impact VH. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of . hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (General Plan MEA, p. 95 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted -17- emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will consist of a senior living facility, and is not expected to generate hazardous materials. In the nursing care section of the facility, requirements imposed by the County of Riverside for health care facilities will be implemented if required. Impacts associated with hazardous materials are expected to be insignficant. The site is not located in a wild land fire area. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in *a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X drainage pattern of the site or area, -18- 3 1 268 including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent . will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) Both sites are located adjacent to the La Quinta Evacuation Channel, a regional flood control facility managed by CVWD. The City will allow discharge of storm flows into the Channel, with approval from CVWD, without retention on the site. The project proponent is proposing to implement such a direct discharge on the project site. CVWD has standards and requirements for such discharge to assure that waters are not polluted when they enter the channel. These standards will be implemented for the proposed project, assuring that impacts are reduced to a less than significant level. -19- VIII. e)-g) The site is not located in a flood zone as designated by FEMA. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project will result in 254 senior living units on 21 acres. The current General Plan designations for the two properties could result in approximately 56 single family homes on the northern site, and approximately 107,000 square feet of office space on the southern site. The proposed Medium High and Medium Density Residential land use designation could result in up to 260 apartments or similar multi -family residential land use. The intensity of the two sites will change, increasing on the north side, and decreasing on the south side. The location of the proposed project is highly impacted, and is not ideal for Low Density Residential development, due to noise and traffic. The increase in density, and the configuration of the project, are likely to result a more appropriate housing product on the northern site. The location of offices on the southern site is appropriate for a major arterial roadway. However, the development of offices on the site has not occurred, and the proposed project may be a higher and better use of the property. The General Plan supports the development of a variety of housing types throughout the City. The proposed project does not occur elsewhere in the City, and will provided another living option for City residents. The development of apartments, should the project not go forward, would similarly provide another residential option for City residents. 33 -20- 2'7 0 The northern project site is within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay the appropriate fee at the time of development. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. 34 -21- 2'71 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Preliminary Noise Study," Urban Crossroads, July 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Preliminary Noise Study," Urban Crossroads, July 2004) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," Urban Crossroads, July 2004) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," Urban Crossroads, July 2004) e) For a project located within an airport X land use plan or, where such -a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) -22- 35 272 XI. a)-f) A noise impact analysis was conducted for the proposed project3. The study found that the development of the project will result in both short term (construction) and long term (operational) noise impacts which could be significant without mitigation. 3 The study found that the current noise environment at both project sites currently exceeds the City's standards for residential development, ranging from 68.6 dBA CNEL on Avenue 50 to 71.6 dBA CNEL on Washington Street. On the northern project site, no outdoor living areas are proposed in proximity to the street, and therefore no mitigation is required. On the southern site, however, outdoor living areas for the cottages are proposed, which would be subject to unacceptable noise levels if not mitigated. The study further found that interior noise levels will exceed acceptable City standards, for the cottages located on the southern site. Mitigation measures proposed below will reduce these impacts to within City standards. The proposed project will also generate noise during its construction. Although the potential impact is short term and temporary, it can be uncomfortable for adjacent residents. In the case of the proposed project, single family residential units are located immediately north of the northern site. Mitigation measures are included below to reduce the potential impacts to these residents to less than significant levels. In order to mitigate noise levels on the project site to less than significant levels, the following mitigation measures shall be implemented. 1. A six foot wall on a one foot berm shall be constructed on Washington Street, adjacent to the southern portion of the site. The wall shall be of solid construction, with no breaks or openings. 2. A six foot wall shall be constructed on Avenue 50, adjacent to the southern portion of the site. The wall shall be of solid construction, with no breaks or openings. 3. A windows closed condition shall be provided for all buildings on the southern site shown on Exhibit 1-A of the noise impact analysis as requiring this condition. A mechanical ventilation system shall be provided for all these units. 4. All construction equipment shall be properly maintained and mufflered, and the engines shall be equipped with shrouds. 5. Stockpiling and staging areas, as well as servicing and fueling of equipment for the northern site shall be located adjacent to Avenue 50. 6. Construction activities shall be limited to those hours prescribed in the La Quinta Municipal Code. 7. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the wall requirements are sufficient to meet the City's standards. The site is not located adjacent to an airport or air strip. "La Paloma Retirement Community Preliminary Noise Study," prepared by Urban Crossroads, July 2004. -23- 3s 273 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The development of the project site will not induce substantial growth, either with the construction of the proposed project, or under a multi -family development scenario. The sites are currently vacant, and development will displace no one. 37 -24- 2'7 4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XHL a)Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will have no impact on schools. The project will be required to pay the City's park fees for development of off site park facilities. -25- 2'7 5 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project will contribute park fees for off site park development. No impacts are expected. -26- 39 276 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("Traffic Impact Analysis," Urban Crossroads, July 2004) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Traffic Impact Analysis," Urban Crossroads, July 2004) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Site Plan) e) Result in inadequate emergency X access? (Site Plan) f) Result in inadequate parking capacity? X (Site Plan) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) -27- 2'77 XV. a)-g) A traffic Impact Analysis was prepared for the proposed project4. The study analysed the impacts of a senior care facility as described above. The study did not analyse the potential impacts associated with development of up to 260 multi -family residential units. The traffic study found, as stated under the air quality section, that the proposed project will generate 617 average daily trips. The study further found that studied intersections will operate within City standards with and without the proposed project, and concluded that impacts of the proposed project on traffic levels would be less than significant. The study also analysed project design and turning movements into and out of the facility, and found that they could be hazardous, without mitigation. The study did not include analysis of the proposed project as a multi -family development, should the General Plan Amendment be approved and the proposed project not constructed. As described above, a multi -family project has the potential to generate 1,724 daily trips, or almost three times that estimated for the proposed project. Should the General Plan Amendment be approved, and the project not built as expected, the potential traffic impacts could be significant, without mitigation. The site is located within the service area of SunLine Transit, and can be served by it. Given the independent living portion of the project, residents are likely to utilize transit if available. In order to assure that project impacts are adequately mitigated, the study includes several mitigation measures, which are summarized below. 1. Driveways on Washington Street shall be restricted to right -in -right -out access only. 2. Driveways on Avenue 50 shall be restricted to right -in -right -out -left -in only. 3. A 100 foot long east -bound left turn pocket shall be constructed on Avenue 50 to allow safe access to the northerly site driveway. 4. A 100 foot long west -bound left turn pocket shall be constructed on Avenue 50 to allow safe access to the southerly site driveway. 5. Any project proposed for the project site which is not a senior care project shall be required to prepare a traffic impact analysis which is project specific and reflective of the project proposed. With implementation of these mitigation measures, overall impacts to traffic are expected to be reduced to a less than significant level. 4 "La Paloma Residential Development Traffic Impact Analysis," prepared by Urban Crossroads, July 2004) 4 1. -28- 2'7 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 f£) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, P. 58 f£) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 f£) 4 2. -29- 279 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. 43 -30- 280 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact cultural resources. The mitigation measures included in this Initial Study, however, will reduce these potential impacts to less than significant levels. XVII. b) The proposed project will provide a variety of housing types to future City residents, and is consistent with the General Plan's goals and policies. -31- 44 • XVII. c) Development of the proposed project is likely to have lower cumulative impacts than the current General Plan designations overall. The increase in residential density is off -set by the decrease in commercial office lands. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality, noise and traffic impacts. Mitigation measures provided in this report reduce these potential impacts to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -32- 45 282 O O W 0 U O o 6 W o W 0o Z o O��, V � � wv� co o o • �, o, .. co CN a' en Vol • ~ �a s M Mp 0 a N C13 ° o O O Q7uUA .. o z� ��4 w w F V� �A a� � WU Ux V CIS o a o o � o .. O � ao U U U Cd n 0cri U U y H � �", �+ U U Cd U 0 0 0cl 0 a aaaaa�'o A A A �� o �o �' ►�' �' a A a a co cd � A W�W W to to F 0o r. A4 b d b b U U PA U A GQ Z � CM a� a � N •� to Cd toEn +C5 wo In o Cd 0CIS cd cn Cd Cd ° � bA a, C1 , CZ -0w o�•ch v1 4.1 "gib �o a 46 283 A A Vpq U� �A dA a� Ox aU OV VU U W Cd W N > F E� cd � � O O A ° 0 z0 z0 Q A b UA UA W V Cd CA W o L7�O �Nw o � c LUG �, p ° U �, o ao �-, F' a� w F, o c c v� c aCd � p4 W O >,cd.c, a� C a c A > r O �..� O O U c i� o cd 0-4�a M o.,°�.1p Ux U co r- ¢yb a o E-+ A U� �A a� a U OV U N C U. Q" ° O O cOi a' O � FO pz co Abo A A A rah � to Crl ° 0 00 ° o �vs 3c 3 0 "t� Ocmnon c U o c o U cl 284 o U U O O O v o A � Q Q A A A bq bA b4 b 2 .� o b o � � > o O W G°q O ;F O DO cd H A U pq �A a U OU U U 1=4 L: ,., U > 94 13 C, ° O O ° O v pp cd O A Q a ur o a O ° c U -0 - .� O N a' a a a, U C� O o ° r C1. 0, H . o tn ° ° �Z C� cd 40 DC O4 . a O^' +O 4.8. 285 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM -HIGH DENSITY RESIDENTIAL AND OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL TO ALLOW THE CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY CASE NO.: GENERAL PLAN AMENDMENT 2003-091 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California, did on the 71h day of December, 2004, hold a duly noticed Public Hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a General Plan Land Use Amendment from Low Density Residential to Medium -High Residential at the northeast corner of Washington Street and Avenue 50 and Office Commercial to Medium Density Residential at the southeast corner of Washington Street and Avenue 50 to allow construction of a senior retirement community at the northeast and southeast corner of Washington Street and Avenue 50 on 21 total acres, more particularly described as: APN'S 646-070-013 and 770-040-012 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9th day of November, 2004, hold a duly noticed Public Hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a General Plan Land Use Amendment from Low Density Residential to Medium -High Residential at the northeast corner of Washington Street and Avenue 50 and Office Commercial to Medium Density Residential at the southeast corner of Washington Street and Avenue 50 to allow construction of a senior retirement community and recommended approval by adoption of Resolution 2004-085; and WHEREAS, said General Plan Amendment application has complied with the. requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment 2003-470. The Community Development Director has determined that the project with Mitigation Measures, will not have a significant adverse impact on the. environment and therefore, recommends a Mitigated Negative Declaration of environmental impact be certified; and NEWL PAReports - CC\12-7-04\Westport = La Paloma\gpa 2003-091 cc res.doc 286 City Council Resolution No. 2004- General Plan Amendment 2003-091 Pacific Retirement Services and Westport La auinta, L.P. Adopted: WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on November 27, 2004, for the City Council meeting as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval to justify approval of said General Plan Amendment: 1. The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the General Plan in that the General Plan Amendment results in promoting housing for the senior population in a controlled and supervised environment. 2. Approval of the General Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting project will provide adequate setbacks, be well designed and landscaped, and will comply with all applicable City, County, State and Federal requirements. 3. The General Plan Amendment is compatible with adjacent properties in that the resulting senior housing project is compatible with and will minimize the impacts to the surrounding single family residences. 4. The General Plan Amendment is suitable and appropriate for the property in that it will allow development of a complex for senior citizens with access from adjacent arterial streets and will be in close proximity to nearby medical and commercial and recreational facilities. 5. Approval of the General Plan Amendment is warranted because the property is in a location that will generate less tenant traffic due to residents' age and will in turn create a safer situation for traffic passing the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 5 -- - P I m 2003-091 cc res.doc 287 P:\Reports CC\12 7 04\Westport La a o a\gpa City Council Resolution No. 2004- General Plan Amendment 2003-091 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: 2. That it does approve General Plan Amendment 2003-091 for the reasons set forth in this Resolution and as shown on the attached exhibit: PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7`h day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney P:\Reports - CC\12-7-04\Westport - La Paloma\gpa 2003-091 cc res.doc 288 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL 17/1 TO MEDIUM -HIGH RESIDENTIAL AND OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL TO ALLOW CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY CASE NO. ZONE CHANGE 2003-112 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. The City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning 14± acres located at the northeast corner of Washington Street and Avenue 50 from Low Density Residential 17/1 to Medium -High Residential and 7± acres located at the southeast corner of Washington Street and Avenue 50 from Office Commercial to Medium Density Residential. The property shown and depicted for such rezoning on the map is attached to, and made a part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended and adopted in City Council Resolution 83-68), in that the Community Development Department conducted an Initial Study (EA 2003-470) and has determined- that the proposed Zone Change will not have a significant adverse impact on the environment and therefore, the City Council has certified a Mitigated Negative Declaration of environmental impact. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by Resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this day of , 2004, by the following vote: 53 P:\Reports - =12-7-04\Westport - La Paloma\zc 03 112 cc ord.doc 290 Ordinance Zone Change 2003-112 Pacific retirement Services and Westport La Quinta L.P. Adopted: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney AL M p:\stan\westport la paloma\zc 03-112 cc ord.doc 291 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta did on the 7tn day of December, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 and 770-040-012 WHEREAS, the Planning Commission of the City of La Quinta did on the 91h day of November, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, and recommended approval by adoption of Resolution 2004-087; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact has been certified; and WHEREAS, the Community Development Department did publish a public hearing notice in the Desert Sun newspaper on November 27, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and . WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approving said Conditional Use Permit: 1. The property is designated Medium Density and Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to Image Corridor General Plan 5 policies. PAReports - CC\12-7-04\Westport - La Paloma\cup 2003-074 cc res.doc 293 City Council Resolution No. 2004- Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. The La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment; the project will not have a significant adverse effect on the environment with mitigation measures. 4. The site design of the project is appropriate for the use in that it has been designed to minimize the impacts to the adjacent residential uses and from the major Arterials to the west and south. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve the above -described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of December, 2004, by the ' following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 57 P:\stan\westport senior housing\cup 2003-074 cc res.doc 294 City Council Resolution No. 2004- Conditional Use Permit 2004-074 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �R P:\stan\westport senior housing\cup 2003-074 cc res.doc 295 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF,APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2003-074 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: GENERAL 1. The use of the subject property for a congregate care facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074, Specific Plan 2004-071, Site Development Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire after two years of the effective date of approval, and shall become null and void. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 59 P:\Reports - CC\12-7-04\Westport - La Paloma\cup 2003-074 cc coa.doc 296 RESOLUTION NO. 2004- A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN CRITERIA AND DEVELOPMENT STANDARDS FOR A SENIOR RETIREMENT COMMUNITY ON 21 ± ACRES LOCATED ON THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE NO.: SPECIFIC PLAN 2004-071 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 71h day of December, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Specific Plan for design criteria and development standards for the development of a senior retirement community on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 and 770-040-012 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 91h day of November, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Specific Plan for design criteria and development standards for the development of a senior retirement community on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, and adopted Resolution 2004-089, recommending approval of this request; and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file in the Community Development Department; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on November 27, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact is recommended; and 297 P:\Reports - CC\12-7-04\Westport - La Paloma\sp 2004-071 cc res.doc ^ City Council Resolution No. 2004- Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Specific Plan: Finding A - Consistency with General Plan As proposed the project will have a Medium -High and Medium Density Residential designation which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping and acceptable architectural General Plan and zoning requirements. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City standards and County and State. standards, such as CEQA. Additionally, the facility helps provide housing variety for City residents. Findings C and D - Land Use Compatibility and Property Suitability The project is in an area designated and zoned for the use which is proposed and therefore, suitable for senior retirement development. The project provides adequate buffering through landscaping, large setbacks and perimeter walls to ensure compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2003- 470 has determined that no significant unmitigated effects on the environment have been identified; and 3. That it does hereby approve Specific Plan 2003-071, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. P:\Reports - CC\12-7-04\Westport - La Paloma\sp 2004-071 cc res.doc 298 City Council Resolution No. 2004- Specific Plan 2004-071 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7tn day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Miayor City of La Quinta, California ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: . M. KATHERINE JENSON, City Attorney PAReports - CC\12-7-04\Westport - La Paloma\sp 2004-071 cc res.doc 299 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2004-071 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: GENERAL 1. The use of the subject property for a congregate care facility shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074, Site Development Permit 2003-762 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The approved shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Specific Plan may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. All conditions of approval from all applications for this project shall either be included in the Specific Plan text or attached, as appropriate. Five copies of the final approved Specific Plan shall be submitted to the Community Development Department within 30 days of final approval by the City Council. 5. The perimeter wall along the north property line of the north site may be a maximum seven feet high as measured from the north side. 6. The northern -most carports located of the north site shall be enclosed on the north elevation with architecturally compatible materials and shall have a clay tile roof. 7. Roof tiles shall be clay "S" the or single mission tile. 8. On the south site, vehicular access to Washington Street shall be "emergency only", if deemed appropriate by City Engineer. s� p:\stan\westport senior housing\sp 2004-071 cc coa.doc 30 0 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 21 ± ACRES LOCATED ON:, THE NORTHEAST AND SOUTHEAST CORNERS OF WASHINGTON STREET AND AVENUE 50 CASE: SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 7" day of December, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Site Development Permit to allow a senior retirement community complex, on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 and 770-040-012 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9th day of November, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Site Development Permit to allow a senior retirement community complex, and adopted Resolution 2004-090, recommending approval of this request; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on November 27, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact has been certified; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving said Site Development Permit: 64 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc res.doc 301 City Council Resolution No. 2004- Site Development Permit 2003-762 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: 1. The property is designated Medium and Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to image corridor General Plan policies. 2. The proposed commercial buildings are designed to comply with the Zoning Code and Specific Plan requirements, including, but not limited to, height limits, parking, setbacks, lot coverage, and signs. 3. The La Quinta Community Development Department has completed Environmental Assessment 2003-470 and based upon this Assessment, with Mitigation Measures the project will not have a significant adverse effect on the environment. 4. The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the development and quality of design prevalent in the City. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with development and the quality of design prevalent in the City. 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 7. The building signs will comply and be consistent with the requirements and intent of the Zoning Code. PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc res.doc 1. 41 City Council Resolution No. 2004- Site Development Permit 2003-762 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: 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 said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2003- 470 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve Site Development Permit 2003-762, 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 71h day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California 66. PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc res.doc 3 0 3 City Council Resolution No. 2004- Site Development Permit 2003-762 Pacific Retirement Services and Westport La Quinta, L.P. Adopted: APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc res.doc 304 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: reT3k d-.-TA I 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. This Site Development Permit 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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 improvements plans for City approval. 69% 3 05 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI "), prior to the issuance of a grading or site construction permit by the City. 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"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. 69 3 t. PAReP orts - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 23 o CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 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. 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 all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, 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) Washington Street (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way. Additional right of way is required on Washington Street north and south of Avenue 50 to provide for the realignment of Washington Street in order to construct dual Left turn lanes for southbound Washington Street to eastbound Avenue 50 and a deceleration/right turn only lane 70 10 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 3 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF. APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: for northbound Washington Street to eastbound Avenue 50. At a minimum, the property line shall be at least 12 feet east of the existing curb face. a) North of Avenue 50, a minimum right of way dedication of a total of 60 feet from the Washington Street Improvement centerline along the Specific Plan boundary to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. b) South of Avenue 50, an additional variable right of way dedication on Washington Street at the Avenue 50 intersection to accommodate the Washington Street realignment and a deceleration/right turn only lane for a total of 72 feet from the Washington Street Improvement centerline (a minimum of 24 feet east of the existing curb face) and a length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08 and approved by the City Engineer. As a minimum, the required right of way shall be for a length of 150 feet plus a variable dedication of an additional 90 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Additionally, the applicant shall make a good faith effort to acquire right of way from CVWD for sidewalk and landscape improvements from the southerly boundary of the project to the La Quinta Evacuation Channel Bridge. 2) Avenue 50 (Primary Arterial, Option B 100' ROW) - The standard 50 feet from the centerline of Avenue 50 for a total 100-foot ultimate developed right of way except for an additional right of way dedication at the Secondary entries of 62 feet from the centerline and a length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08 and approved by the City Engineer. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 7. .308 P:\Reports - CC\ 1 2-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 4 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: The applicant shall enter into a licensed agreement with the City of La Quinta for construction and perpetual maintenance of the golf tunnel proposed under Avenue 50. 9. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, 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: A. PRIVATE STREETS The applicant shall redesign private ,circulation streets measured at flow line to flow line to have 28 feet of travel width and on -street parking 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 and approved by the Engineering Department prior to recordation. 1 1 . 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. 12. Pursuant to these requirements, the Applicant shall include in the submittal packet containing the rough .grading plans submitted for plan 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. 13. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Site Development Permit are necessary prior to approval of improvement dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication a ten -foot wide public utility easement 72 309 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 5 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 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. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) — A minimum 20-foot from the R/W-P/L. Additional landscape easement is required along the northerly and southerly sides of Avenue 50 between the roadway right of way and the property line. 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. 16. 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 11.0 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. 17. 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. 18. Direct vehicular access to Washington Street and Avenue 50 from lots with frontage along Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 19. 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. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit, 9nless 73 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 6 310 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA O.UINTA LP ADOPTED: such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 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 Public Works Department. 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. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal Note: Submittal of A thru D to be concurrent. E. On -Site Commercial Precise Grading Plan F. Off -Site Street Plan Vertical G. Off -Site Signing & Striping Plan 1 " = 30' Horizontal lit = 40' Horizontal, 1 " = 4' 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. 14 311 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 7 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: H. On -Site Street/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. I. On -Site Residential Precise Grading Plan 1 if = 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. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted -to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. 75 312 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 8 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: "On -site residential and commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 23. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 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. 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. 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 including street, traffic signal and storm drain 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 on -site 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 76 313 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 9 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. 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. 26. Depending on the timing of the development of this Site Development Permit, 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 Site Development Permit. 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. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. 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. 77, 314 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 10 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 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 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. 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. 30. 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. A statement shall appear on the applicable improvement plans 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. 31. The applicant shall maintain all open graded, undeveloped land in order to prevent 8 0 1 t PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 11 %. CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 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. 32. 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 feet (6') 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 (1 .5") in the first eighteen inches (18") behind the curb. 33. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 34. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 35. 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 Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. 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. 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. nRAINAGF 37. The tributary drainage area shall extend to the centerline of adjacent public streets. 79 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 12 316 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: Nuisance water from landscaping and off and on -site streets shall be disposed of in a manner approved by the City Engineer. 38. The applicant shall discharge storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this project site excepting there from those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The applicant shall make improvements for discharge into the La Quinta Evacuation Channel prior to on -site construction. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta Evacuation -Channel with the initial submittal of storm drain improvement plans. 39. The applicant shall landscape the Coachella Valley Stormwater Channel adjacent to and facing the easterly boundary of the project site as approved by CVWD. 40. If the development is not able to discharge storm or nuisance water from the project into the La Quinta Evacuation Channel, the applicant or design professional shall retain all storm water and nuisance water on site and the following conditions shall be applicable. The retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides t i PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 13 317 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: site specific data indicating otherwise. 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 nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by a separate infiltration system approved by the City Engineer. The sand filter. design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 42. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 45. 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. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 81 P:\Reports - CC\ 1 2-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 14 318 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QU1NTA LP ADOPTED: UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. 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. 51. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 52. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 53. 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. 54. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): P:\Reports - CM12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 15 319 1n CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: Widen the east side of the street ' along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty-one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) The applicant shall construct a concrete bus stop pad, La Quinta bus shelter with night lighting equipped with bench and trash receptacle at the existing bus stop located on the northeast corner of Washington Street and Avenue 50. Bus turnout if required by Sunline Transit at the existing bus stop shall be provided. b) A deceleration/right turn only lane on Washington Street at the intersection of Avenue 50. The east curb face shall be located sixty-three feet (63') east of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the storage length shall be 150 feet long plus a variable dedication of an additional 90 feet transition. c) A dual left turn lane at Washington Street and Avenue 50 intersection. The east curb face shall be located fifty-one feet (51 ') east of the centerline along the entire project boundary. Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-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 320 PAReports - CC\ 1 2-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 16 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QU1NTA LP ADOPTED: landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) An 18' - foot wide raised landscaped median on Washington Street north of Avenue 50 along the entire boundary of the Site Development Permit plus variable width as needed to accommodate the dual left turn lanes and installation of a median nose for the southbound Washington Street traffic turning east on to Avenue 50. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Modify the existing traffic signal system at the Washington Street and Avenue 50 intersection for the abovementioned improvements. The applicant shall design and install modification of the existing traffic signal equipment and appurtenances as needed and approved by the City Engineer. 2) Avenue 50 (Primary Arterial - Option B; 100' R/W): Widen the north and south sides of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the north and south sides as specified in the General Plan and the requirements of these conditions. The north and south curb faces shall be located thirty eight feet (38') north and south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Avenue 50 at both secondary entrances. The north and south curb faces shall be located forty feet (40') north and south of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: 84 3?1 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 17 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPO.RT LA QUINTA LP ADOPTED: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. C) 8-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. d) A 12 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate a left turn lane for the eastbound traffic at north side entry and a left turn lane for westbound traffic at the south side entry as approved by the City Engineer. B. PRIVATE STREETS 1) The applicant shall redesign private circulation streets measured at flow line to flow line to have 28 feet of travel width with on -street parking 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 and approved by the Engineering Department prior to recordation. Minimum four -foot wide sidewalks shall be constructed on both sides of the private circulation streets to provide access from adjacent buildings within the development. 2) The primary entry for the north side property and porte cochere shall be redesigned to accommodate for possible stacking for functional activities and/or special occasion traffic to prevent back up onto Washington Street as approved by the City Engineer. If adequate stacking in the porte cochere is not achievable, a deceleration lane shall be installed on Washington Street. 85 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 18 322 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the Site Development Permit, except for minor revisions as may be required by the City Engineer. E. DRIVEWAYS/INTERSECTIONS TO PUBLIC STREETS 1) All right -turn only street intersections shall have a splitter median island located in the side street that adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. F. GOLF CART TUNNEL 1) The applicant shall sign the proposed golf cart tunnel under Avenue 50 for access for golf carts only and restriction of pedestrian traffic. 2) The golf tunnel shall have lighting provided for all hours of the day and night for safety reasons. 55. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; 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 (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 19 323 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 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. 56. 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/Parking Area Primary Arterial Major Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 57. 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. 58. General access points and turning movements of traffic are limited to the following: A. Washington Street: 1) North Facility Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. 2) South Facility Emergency Only Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. B. Avenue 50: 1) North Facility Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. 8 324 PAReports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 20 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 2) South Facility Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. 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. 61. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. CONSTRUCTION 62. 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 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 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC." 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. Additionally, the applicant shalil landscape and maintain the additional landscape easement required along the northerly and southerly sides of Avenue 50 between the roadway right of way and the property line. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. $8 T 325 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 21 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QU1NTA LP ADOPTED: 66. 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. 67. 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 placed within 18 inches of curbs along public streets. PUBLIC SERVICES 68. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. 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. 71. 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. 72. 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 PAReports - CC\ 1 2-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 22 326 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: as -built conditions. MAINTENANCE 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. 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 75. 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. 76. 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). FIRE MARSHAL 77. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings 1 st. floor as measured along outside travel ways. 78. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 79. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 4-hour duration at 20-psi residual operating pressure. 80. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. '." -90 327 PAReports - CC\ 1 2-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 23 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 81. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 82. This project will require a full life safety monitored alarm system. Alarm plans will need to be submitted to the Fire Department. 83. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 84. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 85. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 86. Fire Department street access shall come to within 150 feet of all portions of the 1 St. floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13 %2 feet clear. Turning radiuses shall be no less than 38 feet outside. 87. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection. 88. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 89. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application). 90. Install portable fire extinguishers as required by the California Fire Code. 91. Any submissions to the fire department are the responsibility of the applicant. �- 91, P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 24 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: MISCELLANEOUS 92. The approved Site Development Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 93. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 94. This facility is approved for use as a senior retirement community with independent, assisted and skilled nursing components that are licensed by the State of California. Any change of use where any or all of the above components are replaced with a market rate rental project must be approved by the Planning Commission and City Council at public hearings. 95. Sign permit shall , be submitted for staff approval for proposed monument signs specified in Specific Plan 2004-071. 96. Roof tiles shall consist of a least three colors. 97. Flat roofs shall be finished in an attractive finish and color to the satisfaction of the Community Development Department. 98. Railings shall be provided with decorative treatment to complement architectural style of project. 99. Window arches shall be provided over large first floor windows at the ends of the two story independent living building on the north site. 92 329 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 25 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA LP ADOPTED: 100. Long term easement or other legally binding agreement shall be obtained for use, landscaping and access over CVWD owned property along east end of project sites along Avenue 50. 101. The northern -most carports located of the north site shall be enclosed on the north elevation with architecturally compatible materials and shall have a low profile clay tile roof. 102. Roof tiles shall be clay "S" the or single mission tile. 103. The perimeter wall along the north property line of the north site may be a maximum seven feet high as measured from the north side. 104. On the south site, vehicular access to Washington Street shall be "emergency only", if deemed appropriate by City Engineer. : 4.9 3 330 P:\Reports - CC\12-7-04\Westport - La Paloma\sdp 2003-762 cc coa.doc 26 ATTACFIMENT #1 La Paloma Fiscal Impact Analysis City of La Quinta Prepared for: Pacific Retirement Services (PRS) 1200 Mira Mar Medford, Oregon 97504 September 23, 2004 SRHA Job #1058 TANLEY R.. OFFMAN .. ew. 11661 San Vicente Blvd. Suite 306 Los Angeles, CA 90049-5111 310. 820.2680, 310.820-8344 fax www.stanleyifioffman.com 94 331 CONTENTS EXECUTIVESUMMARY.................................................................................................................................... m CHAPTER1 - INTRODUCTION............................................................................................... 4.0....................... 1 1.1 Background .............................................................................................................. l 1.2 Project Description ....................................................................................................1 1.3 Methodology and Assumptions.................................................................................... 4 1.4 Report Organization....................................................................................................4 CHAPTER2 — PROJECT DESCRIPTION.........................................................................................................5 2.1 Project Development Summary .................................................................................... 5 2.2 Project Valuation .................................................................................................... 5 2.3 Taxable Sales............................................................................................................7 2.4 Redevelopment Property Tax Increment ......................................... ........................... 7 CHAPTER3 - FISCAL ANALYSIS....................................................................................................................8 3.1 Projected Impacts..................................................................................................... 8 3.2 Summary of Revenues......................:......................................................................... 8 3.3 On -Site and Off -site .Sales and Use Tax....................................................................10 3.4 Summary of Costs......................................................................................................10 CHAPTER 4 - GENERAL ASSUMPTIONS AND FISCAL FACTORS..........................................................11 4.1 General Assumptions ..............................................................................................11 4.2 Revenue Assumptions and Factors.............................................................................11 4.3 Cost Assumptions and Factors .................................................................................12 APPENDIXA - SUPPORTING TABLES..........................................................................................................15 APPENDIX B - PERSONS AND AGENCIES CONTACTED..........................................................................25 Stanley R. Hoffman Associates, Inc. ii La Paloma Fiscal Analysis September 23, 2004 City of La Quinta a5 EXECUTIVE SUMMARY The following summarizes the projected annual fiscal impacts of the proposed La Paloma project in the City of La Quinta at project buildout. The project .site consists of 7.6 acres on the southeast corner of Avenue 50 and Washington Street within the City of La Quinta in Riverside County. The fiscal analysis has been presented for two alternatives: 1) a proposed zone change to residential consisting of 50 independent and assisted housing units; and 2) the existing zoning for an estimated 99,320 square feet of commercial office and support retail uses. Fiscal impacts are presented in constant 2004 dollars for the City's General Fund and Gas Tax Fund. Potential property tax increment to the City's Redevelopment Agency is also estimated for the office/retail alternative. The projected impacts are based on the project description provided by Pacific Retirement Services (PRS) and an analysis of the City's Fiscal Year 2004-2005 Budget. . Discussions with City staff have assisted in developing the fiscal factors as well as identifying the mix of land uses for the commercial office/retail alternative. Table ES-1 summarizes the projected fiscal impacts to the City for both alternatives. Proposed Proiect. As shown in Table ES-1, after buildout, a recurring deficit of $14,217 is projected for the proposed residential plan. Key General Fund revenues include off -site sales tax from project households, County fire service credits and motor vehicle in -lieu fees. There are no on - site retail. uses in the proposed project to generate sales and use taxes. Major projected costs include police and fire protection and Citywide overhead (General Government). The project site is located in a Redevelopment area, so that no property tax would be generated for the City's General Fund. However, because the proposed project is a non-profit venture, it would not generate any property tax revenues to the City's General Fund, regardless of its location. Existing Zoning. After buildout, a recurring deficit of $51,457 is projected for the existing zoning of commercial office with support retail uses. Key revenues for this alternative include on -site sales and use tax, franchise taxes, business license fees and County fire service credits. Major projected costs Stanley R. Hoffman Associates, Inc. iii La Paloma Fiscal Analysis September 23, 2004 City of La Quinta 9 n"". for this alternative also include police and fire protection and Citywide overhead, which are higher than in the proposed plan. This is because the development intensity is greater due to a larger number of employees than population under the residential project. Because the project is in a Redevelopment project area, no property tax will be generated for the City's General Fund, but will be generated for the Redevelopment Agency. These revenues for the Redevelopment Agency are estimated at $82,573 annually at buildout. ES-1 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF FISCAL IMPACTS AFTER BUILIDOUT (In Constant 2004 Dollars) Commercial Proposed Office Residential Alternative City of La Quinta' Annual Recurring Revenues $21,034 $67,444 Annual Recurring Costs $35,251 $118,901 Annual General Fund Net Impact $14.2171 51 457 Revenue/Cost Ratio 0.60 0.57 Redevelopment Agency2 Redevelopment Property Tax Increment n/a $82,573 1. Includes the General Fund and Gas Taxes. 2. The proposed residential project will not generate any property tax to the RDA since it will be operated as a not -for -profit venture. Property tax increment will be generated to the RDA for the Commercial alternative at 42% of the basic 1 % property tax levy. Sources: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. iv La Paloma Fiscal Analysis September 23, 2004 City of La Quinta 97 334 CHAPTER 1 - INTRODUCTION 1.1 Background The proposed La Paloma project is located in the City of La Quinta in the County of Riverside. Figure 1-1 shows the project area and vicinity. Pacific Retirement Services (PRS) is seeking a rezoning from Commercial Office — that allows office uses and some retail — to residential with independent living cottages. The City has requested a fiscal analysis of the effects on the City's General Fund operating budget, of changing zoning from a commercial office/retail project to a residential development with independent living units. The fiscal study analyzes the proposed residential development and compares this to the existing zoning of Commercial Office development on the project site. 1.2 Project Description The project is proposed as a gated residential community comprised of independent living units for retirees. The project site is on Assessor's Parcel Number 770-040-012, which is comprised of 7.6 acres on the southeast corner of Avenue 50 and Washington Street within the City of La Quinta. As shown in Figure 1-2, the 7.6-acre parcel comprises the southern portion of a larger site spread over 21.6 acres in total. Since parcel 770-040-012 is currently zoned for commercial office uses, the developer is seeking to have it rezoned to residential use to accommodate the proposed retirement community project. The existing Commercial Office alternative is presented for 89,020 square feet of office uses and 10,300 of retail uses. The retail uses will include restaurants, a sandwich shop, and office supplies and copy services. There is no residential development proposed under this alternative. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analy is 98 September 23, 2004 1 La Quinta 0%, 3 A Figure 1-1 La Paloma Project Area and Vicinity �( y {'%f rr ,Ji�f{Lrrir'�•$f}rtirr.• r r'r r - f• 4V 1j�• r r 't' r Y 4�v"J L •ti r f {'. r f r r r l�/r frr rr! r rJrrrf;%' %r rr• r J '/ }•'jy rr %err i�"�fi!':}fJ r��Y• i' ,+ � 4� • r{rrr tyf �rr S) : t { ' � , •Si'.i " r .{ rr?rr S.f r{..; }$:J{! �:v?•}fr •? •T f r , J} f� �i±, 'Jfrf•'f% ri :r'i,f'i 11:�% r ! f:rrr _ Jr•!'$j• !' ,•• J .. /J �` �?fr jJ. •.r-_Ct . fJ+rlriy',1 , l�,rr•'%�rJr ? J ?r} f{ fr {r.: r•r r r� f' r• /l� r% •r {d r .r.. 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M..... .......... ........ .. . . . .......... Source: Yahoo.com Stanley R. Hoffman Associates, Inc. September 23, 2004 2 La Paloma Fiscal Analysis La Quinta 336 5 • Figure 1-2 Proposed La Paloma Site Plan SAfsshit�gton �cresi Source: MSA Consulting Stanley R. Hoffman Associates, Inc. September 23, 2004 3 3 ' J$�1+r ,' T J , La Paloma Fiscal Analysis o La Quinta 337 1.3 Methodology and Assumptions The analyses in this report are based on the following methodology and assumptions from the following sources: 1. Land use descriptions for the proposed residential project are based on information provided by PRS. The City assisted in guiding the description for the Commercial Office alternative. Existing assessed valuation for the property site is estimated based on information from the Riverside County Auditor -Controller. 2. Residential taxable purchases from the proposed households are projected based on U. S. Bureau of Labor Statistics, Consumer Expenditure Survey, 2001 which indicates that retail taxable purchases represent about 32 percent of total household income. It is assumed that the City could capture an estimated 50.0 percent of these household purchases. Project retail taxable sales are projected based on factors from the Urban Land Institute's Dollars & Cents of Shopping Centers: 2004. 3. Population is estimated based on an average of 1.5 persons per household, according to data provided by PRS. 4. Employment is estimated based on 500 square feet per employee for retail land uses and 250 square feet per office employee based on industry standards. In addition, 1 employee per 3 residents is assumed for the residential alternative based on information from PRS. 5. Cost and revenue factors for the City General Fund were derived through an analysis of the City of La Quinta Budget, Fiscal Year 2004-2005 and discussions with City staff. 6. Property tax allocation factors for the Tax Rate Area (TRA) in which the project site is located were obtained from the Riverside County Auditor -Controller's Office. 7. All revenue and cost projections are presented in constant 2004 dollars. 1.4 Report Organization In addition to the Executive Summary, the report is organized into the followings sections: ■ Project background and overview are presented in Chapter 1. ■ Project description including the development scenarios are presented in Chapter 2. ■ The fiscal impacts on the City's General Fund are presented in Chapter 3. ■ Cost and Revenue assumptions and factors are presented in Chapter 4. ■ Supporting detail assumptions and calculations are presented in Appendix A. ■ A list of persons and agencies contacted is presented in Appendix B. Stanley R. Hoffman Associates, Inc. September 23, 2004 4 La Paloma Fiscal Analysis 101.La Quinta 338 CHAPTER 2 — PROJECT DESCRIPTION The following chapter presents the detailed land uses for the development alternatives. 2.1 Project Development Summary Proposed As shown in Table 2-1, the proposed project includes 50 independent living housing units. The population is projected at 75 based on an average 1.50 persons per household, according to data provided by PRS. Total employment for the project is estimated at 25, assuming one employee per three residents based on information from the developer. In the proposed plan, the fiscal analysis assumes the facility will maintain the landscaping and other on -site facilities. Existin,q Commercial Office As shown in Table 2-1, the existing Commercial Office alternative includes 89,020 square feet of office and 10,300 square feet of support retail and service uses. Total employment for the project is estimated at 377, assuming 500 square feet per retail employee and 250 square feet per office and service commercial employee. 2.2 Project Valuation The proposed project consists of not -for -sale retirement cottages and garden apartments. According to PRS, residents pay a 90.0 percent refundable entrance fee estimated at a range of $400,000 to $450,000. Based on the number of units times the mid -point entry fee of $425,000, this results in an estimated new valuation of $21.3 million. Net valuation is estimated at $21.0 million based on the estimated new valuation of $21.3 million less the estimated existing assessed valuation of $203,652 provided by the Riverside County Auditor Controller's Office. The net valuation for the Commercial Office alternative is estimated at $19.7 million and is.based on the estimated new valuation of $19.9 million less the estimated existing assessed valuation of $203,652. Non-residential valuation is estimated based on an average valuation of $200 per square foot for commercial uses based on discussion with CB Richard Ellis for similar properties in the area. No property tax will be generated to the City's General Fund from either the proposed project or Commercial Office alternative because the project site is located in the City's Redevelopment Project Area #1. Therefore, the Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis 102 September 23, 2004 5 La Quinta 339 TABLE 2-1 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF DEVELOPMENT IMPACTS (in constant 2004 dollars) Proposed Existing Estimated Development Factor Residential Commercial Office Residential Units Cottage and Garden Apartments Population Office Square Feet Retail Square Feet Restaurants Sandwich Shop Copyshop/Office supplies Newspapers/Magazines/Misc . Total Retail Total Office and Retail Employment Assisted Living Employment' Retail Employment Office/Service Employment Total Employment 1.5 Persons per household' 89.6% of total permitted bldg sq. ft. 5.2% of total permitted bldg sq. ft. 1.4% of total permitted bldg sq. ft. 3.2% of total permitted bldg sq. ft. 0.5% of total permitted bldg sq. ft. 1 Employee/3 residents 500 Square feet/employee 250 Square feet/employee 50 0 75 0 0 89,020 0 5,200 0 1,400 0 3,200 0 500 0 10,300 99,320 25 0 0 21 0 356 25 377 Estimated Valuation New Valuation 2 $200 Square foot 19,864,000 New Valuation 2 $425,000 Unit $21,250,000 Existing Valuation $203,652 20$ 3.652 Net Assessed Valuation $21,046,348 $19,660,348 Estimated Annual Property Tax to City 3 4.28% City share of 1 % Levy n/a n/a Estimated Annual Property Tax to RDA 42.0% Property Tax Increment n/a $82,573 Taxable Sales: On -Site Retail 4 $233 Taxable Sales per sq. ft. n/a $2,398,900 Taxable Sales: Off -site Retail 5 $12,800 Per Household 1 $640,000 n/a 1. Data provided by the developer. 2. Valuation for commercial uses provided by Maggie Montez of CB Richard Ellis based on similar properties for the La Quinta area. Valuation for residential units based on average entry fee of $425,000 per unit. 3. The project site is located in the City's Redevelopment Area #1. Therefore, no property tax will be generated to the City's General Fund for either project alternative. 4. Taxable sales are projected based on median sales per square foot factors as provided in the 2004 Urban Land Institute's Dollars & Cents of Shopping Centers. 5. Off -site taxable sales are projected based on estimated annual taxable retail purchases per project household that could be captured in the City. Capture is estimated at 50 percent. Sources: Stanley R. Hoffman Associates, Inca City of La Quinta, Fiscal Year 2004-2005 Budget. Pacific Retirement Services (PRS). Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis n di September 23, 2004 6 La Quinta ► 340 City's General Fund will not accrue any property tax revenue. The proposed residential project will not generate any property tax to the Redevelopment Agency because it will be operated as a not -for - profit venture. However, the Commercial Office alternative will generate property tax to the Redevelopment Agency. 2.3 Taxable Sales As shown in Table 2-1, the Commercial Office alternative generates on -site taxable sales resulting from purchases made at the retail establishments on -site. These annual taxable sales are projected to be $2.4 million. The proposed residential project generates only off -site taxable sales, which are taxable sales that accrue to the City as a result of project residents shopping at the City's retail establishments. To estimate the potential retail purchases of project residents, the fiscal analysis estimates that the average household income is $80,000, based on information provided by PRS, and that annual household retail taxable purchases are approximately 32.0 percent of annual household income. Further, about 50.0 percent of the project residents' purchasing power is assumed to be captured off -site in the City of La Quinta. This results in estimated annual taxable sales of $640,000. There are no on -site taxable sales generated from the proposed project since there is no retail development associated with the project. 2.4 Redevelopment Property Tax Increment Because the proposed project is located in the City's Redevelopment Project Area #1, property tax increment for the Commercial Office alternative will be generated to the City's redevelopment agency (RDA) instead of the General Fund. The City's Redevelopment Agency receives 42.0 percent of the 1 percent basic property tax levy for Redevelopment Area #1, compared to the General Fund, which receives 4.28 percent of the 1.0 percent basic property tax levy. This results in an ongoing property tax increment to the RDA at buildout of about $82,573 for the Commercial Office alternative. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis 104 September 23, 2004 7 La Quinta CHAPTER 3 - FISCAL ANALYSIS This chapter presents the fiscal analysis for the proposed La Paloma project. Fiscal impacts to the City General Fund are projected for two alternatives: 1) the proposed residential project of 50 assisted living units; and 2) the existing Commercial Office zoning with commercial office and support retail uses estimated at 99,320 square feet. 3.1 Projected Impacts Table 3-1 summarizes the projected fiscal impacts to the City of La Quinta for the recurring revenues and costs that impact the General Fund. Projections are presented in constant 2004 dollars. The fiscal factors used to project the recurring impacts are presented in Chapter 4. As shown in Table 3 1, the projected revenues of $21,034 for the proposed residential project less the costs of $35,251 result in a projected annual deficit at buildout of $14,217. This represents a revenue/cost ratio of 0.60. In the existing zoning, the projected revenues of $67,444 less costs of $118,901 result in a projected annual deficit at buildout of $51,457, or a revenue -cost ratio of 0.57. Selected revenues and costs are projected based on a combined per -capita and per employee basis. In the proposed project, development intensity is lower at a combined population and employment of 100, than in the commercial project where the combined population and employment is projected at 377. Therefore, revenues and costs are greater for the Commercial Office alternative due to the higher development intensity. 3.2 Summary of Revenues As shown in Table 3-1, after buildout, the net recurring revenues are projected at $21,034 for the proposed residential project and $67,444 for the existing zoning. As shown, projected revenues to the City's General Fund vary for each alternative. There are no property tax revenues generated for either project. For the proposed project, key revenues include off -site sales tax, County fire service revenues and motor vehicle in -lieu fees. In addition to the General Fund, Gas Tax revenues are generated in the proposed project, which can be only used for street and road related capital and operations and maintenance costs. The Commercial Office alternative generates more revenues than the residential alternative.due to the on -site sales tax generated by the project's retail uses, franchise Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 8 La Quinta I 0 5 342 TABLE 3-1 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA PROJECTED FISCAL IMPACTS (In Constant 2004 Dollars) Existing Source Proposed Commercial Residential Office Total Annual Recurring Revenues Property Taxes' $0 $0 Real Property Transfer Tax - residential 0 0 Real Property Transfer Tax - non-residential 0 546 On -site Sales and Use Tax: Project retail 0 26,508 Off -site Sales and Use Tax: Project households 7,072 0 Franchise Taxes 1,609 6,060 Business Licenses 529 7-1971 Animal Licenses 36 0 Motor Vehicle Code and Miscellaneous Fines 271 1,021 Motor Vehicle in Lieu Fees 3,356 0 County Fire Service Credit 6,727 25,338 Gas Tax 1.435 0 Total $21,034 $67,444 Total Annual Recurring Costs General Government $6,612 $22,302 Street Maintenance 1,192 4,491 Fire 7,626 28,727 Emergency Services 91 343 Police 13,383 50,411 Animal Control 677 0 Building & Safety2 2,023 7,620 Community Services3 2,317 0 Community Development4 1.329 5,008 Total $35,251 $118,901 Annual Surplus or (Deficit) ($14,217) ($51,457) Revenue/Cost Ratio 0.60 0.57 1. Property taxes to the General Fund are not projected for the proposed project since it will operated as a non-profit venture. Since the entire project area is located within Redevelopment Area 1, the Commercial alternative will not generate any property tax to the City's General Fund. 2. Costs are net costs, and assume that Building & Safety fees (including Plan Check), Building permits and Plumbing permits will offset a portion of Building & Safety costs. 3. Costs are net costs, and assume that Community Service fees will offset a portion of Community Services costs. This category includes the senior center and recreation programs. 4. Costs are net costs, and assume that Community Development fees (including Plan Check) will offset a portion of Community Development costs. Source: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis 106 September 23, 2004 9 La Quinta fA 3 taxes and business licenses. In addition, the County fire service credit revenues are greater due to the higher intensity of development. 3.3 On -Site and Off -site Sales and Use Tax There are two types of taxable sales estimated for this analysis: 1) On -site retail taxable sales generated by the retail establishments for the Commercial Office alternative; and 2) Off site retail taxable sales generated by the residents living in the LaPaloma project area while shopping at City of La Quinta retail establishments. The City receives one percent of the taxable sales of most goods occurring within City limits. In addition to sales tax revenue, the City receives revenues from use tax, which is levied on shipments into the state and on construction materials for new residential and non- residential development not allocated to a situs location. Use tax is allocated by the State BOE to counties and cities based on each jurisdiction's proportion of countywide and statewide direct taxable sales. Use tax revenues to La Quinta are estimated at an additional 10.5 percent of point -of -sale taxable sales tax. As shown in Table 3-1, off -site sales and use tax for the proposed project is estimated at $77072 annually at buildout. Sales tax for the on -site retail is estimated $26,508 annually at buildout. 3.4 Summary of Costs As shown in Table 3-1, after buildout, the net recurring costs are projected at $35,251 for the proposed residential project and $118,901 for the existing zoning. As shown, projected costs to the City's General Fund vary for each alternative. Primary costs include general government, fire and police. The Commercial Office alternative generates higher costs than the residential project due to the higher development intensity associated with the employment. There are no animal control or community service costs associated with the commercial alternative. Building & Safety, Community Services and Community Development costs are shown as net costs, assuming that one-time fee revenues will offset a portion of these costs. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 10 La Quinta CHAPTER 4 - GENERAL ASSUMPTIONS AND FISCAL FACTORS This chapter presents the general assumptions as well as the revenue and cost factors used to prepare the La Paloma fiscal analysis. 4.1 General Assumptions Table 4-1 provides the general assumptions for this fiscal analysis. Population. The City's population of 32,522 is based on the California State Department ofFinance (DOF) estimates as of January 1, 2004. Average Household Size. The average household size of 1.50 persons per household is based on data provided by PRS for the proposed La Paloma Project. Employment. Fiscal factors that utilize employment are based on the Claritas estimate of 9,569 employees working in the City. Population/Employment. Several fiscal factors are estimated by allocating total budgeted revenues or costs to both population and employment. Assumptions for combined population and employment are based on factors used by the Sedway Group for a similar fiscal analysis prepared in June 2004. As shown in Table 4-1, this includes the Department of Finance estimated 2004 population of32,522, an estimated 7,500 seasonal full time resident equivalents, and the Claritas estimate of 9,569 employees working in the City. A total resident equivalent .population is estimated at 49,591. General fund revenues and expenses were estimated by dividing the 2004-05 budget category by the population, employment or total resident equivalent population where appropriate. 4.2 Revenue Assumptions and Factors Table 4-2 presents the revenue factors developed from the City's recurring Fiscal Year 2004-2005 revenues. Revenue factors are projected primarily on: 1) a per capita basis; or, 2) a per capita and employee basis. Some revenues utilize a combined per capita and per employee factor. One-time and non -recurring revenues, such as grant monies and permit fees, are typically excluded from the recurring General Fund revenue estimates. Stanley R. Hoffman Associates, Inc. La.Paloma Fiscal Analysis JD8 September 23, 2004 11 La Quinta 345 TABLE 4-1 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF GENERAL ASSUMPTIONS Assumption I Description I Population and Housing 32,522 La Quinta Total Population' 91569 La Quinta Total Employment - Claritas2 7,500 Part time resident equivalent - CBRE estimate1 491591 La Quinta resident equivalent population 1. Population and housing estimates are from the California Department of Finance (DOF) for January 1, 2004. 2. Codorniz Specific Plan La Quinta Fiscal Impact Analysis Sedway Group, June 2004. Source: Stanley R. Hoffman Associates, Inc. State of California, Department of Finance, E-5 City/County Population and Housing Estimates, 2004. 4.3 Cost Assumptions and Factors Table 4-3 provides a summary of the recurring General Fund cost factors developed from the City's recurring Fiscal Year 2004-2005 expenditures. As with revenues, cost factors are projected primarily on a per capita basis or a combined per capita and per employee factor. Some costs, including Building & Safety, Community Services and Community development are shown as net costs, since they are partially offset by one-time fees and revenues. Stanley R. Hoffman Associates, Inc. September 23, 2004 La Paloma Fiscal Analysis 109 12 La Quinta .� 4s TABLE 4-2 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF RECURRING REVENUE FACTORS (In Constant 2004 Dollars) FY 2004-05 Revenue Source Adopted Projection Basis Revenue Factor Budget GENERALFUN Property taxes $1,976,500 Assessed Valuation 4.28% General Fund allocation of basic 1% levy Document Transfer Tax $539,700 Property turnover and 10% residential turnover rate valuation assumptions 5% non-residential turnover rate Sales and Use Tax $5,406,700 Taxable Sales 1.105% Sales Tax is 1 %o of taxable sales: Use tax is 10.5% of Sales Tax Franchise Taxes $797,800 Population & Employment $16.09 per capita & employee Business Licenses $202,500 Employment $21.16 per employee Animal Licenses $15,400 Population $0.4.7 per capita Motor Veh.Code, Misc. Fines & Parking Violations $134,400 Population & Employment $2.71 per capita & employee Motor Vehicle in Lieu Fees $1,455,300 Total Population $44.75 per capita County Fire Service Credit $3,335,797 Population & Employment $67.27 per capita & employee GAS TAXES Gas Tax Revenues $622,200 Total population $19.13 per capita Source: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 13 . La Quinta 1-10 347 TA ILE 4-3 LA PALOMA F SCAL ANALYSIS CITY C F LA QUINTA SUMMARY OF RECU RING COST FACTORS (In Constan 2004 Dollars) FY 2004-05 Cost Category Adopted Projection Basis Cost Factor Budget General Government $4,298,078 Percent of firect costs 23.09% of direct department costs Public Works Street maintenance. $591,269 Population & Employment $11.92 per capita & employee Fire $3,782,040 Population & Employment $76.26 per capita & employee Emergency Services $45,193 Population & Employment $0.91 per capita & employee Police $6,636,704 Population & Employment $133.83 per capita & employee Animal Control $293,479 Popu ation $9.02 per capita Building & Safety' $1,003,159 Population & Employment $20.23 per capita & employee Community Services2 $1,004,850 Pop ation $30.90 per capita Community Development3 $659,260 Population & Employment $13.29 per capita & employee 1. Costs are net costs, and assume that Building & Safety fees (in luding Plan Check), Building permits and Plumbing permits will offset a portion of Building & Safety costs. 2. Costs are net costs, and assume that Community Service Fees Mil offset a portion of Community Services costs. This category includes the senior center and recreation programs. 3. Costs are net costs, and assume that Community Development Fees (including Plan Check) will offset a portion of Community Development costs. Sources: Stanley R. Hoffman Associates, Inc. City of Cathedral City, Adopted Annual Budget, Fiscal ear 2003-2004. Stanley R. Hoffman Associates, Inc. September 23, 2004 14 La Paloma Fiscal Anafysis 1, La Quinta A f APPENDIX A - SUPPORTING TABLES Table A- I Estimated New Valuation Table A-2 Summary of General Fund Revenues, 2004-2005 Table A-3 Estimated On -Site Taxable Sales and Sales Tax Table A-4 Estimated Off -site Taxable Sales and Sales Tax From Households Table A-5 Summary of General Fund Costs, 2004-2005 Table A-6 General Fund Net Building & Safety Costs Table A-7 General Fund Net Community Services Costs Table A-8 General Fund Net Community Development Costs Table A-9 Current Tax Rate Area (TRA) Allocations Stanley R. Hoffman Associates, Inc. September 23, 2004 15 La Paloma Fiscal Analysis La Quinta 112 ^ 4 9 TABLE A-1 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA ESTIMATED NEW VALUATION (in constant 2004 dollars) ►. PROJECTED VALUATION: PROPOSED DEVELOPMENT Projected Proposed Valuation Land Use Development Per Unit/Sq. Ft. F Total Residential Cottage and Garden Units 50 units $425,000 $21,250,000 Non -Residential Office Commercial 0 sq'. ft. $0 $0 TOTAL $21,250,000 B. PROJECTED VALUATION: EXISTING ENTITLEMENT Projected Proposed Valuation Land Use Development Per Unit/Sq. Ft. Total Residential Cottage and Garden Apts. 0 units $0 $0 Non -Residential Office Commercial 89,020 sq. ft. $200 $17,804,000 Retail 10,300 sq. ft. $200 $2,060,000 TOTAL $19,864,000 1. Valuation for the residential units are provided by Pacific Retirement Services (PRS). 2. Valuation for commercial uses provided by Maggie Montez of CB Richard Ellis based on similar properties for the La Quinta area. Sources: Stanley R. Hoffman Associates, Inc. Pacific Retirement Services (PRS). Stanley R. Hoffman Associates, Inc. September 23, 2004 16 La Paloma Fiscal Analysis .113 La Quinta 350 114 TABLE A-2 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF GENERAL FUND REVENUES, 2004-2005 Revenue Category Total Non -recurring Recurring Revenue Type' Property and Other Taxes Property Taxes $743,400 $0 $743,400 R No Low Property Tax 1,233,100 0 1,233,100 R Sales Tax 5,406,700 0 5,406,700 R Transient Occupancy Tax 4,030,300 0 4,030,300 R Document Transfer Tax 539,700 0 539,700 R Franchise Tax 797,800 0 797,800 R Subtotal $12,751,000 $0 $12,751,000 intergovernmental Motor Vehicle in Lieu $1,455,300 $0 $1,455,300 R Motor Vehicle Code, Misc.Fines & Parking Viol. $134,400 0 $134,400 R AB939 $182,100 0. $182,100 R CSA152 (storm water) $175,000 0 $175,000 R County Fire Service Credit (applied) $412,243 0 $412,243 R County Fire Service Credit $3,335,797 0 $3,335,797 R Subtotal $5, 694, 840 $0 $5, 694, 840 Licenses and Permits Business License $202,500 $0 $202,500 R Animal License 15,400 0 15,400 R Building Permits 493,800 493,800 0 O Plumbing, Electrical, Mechanical and Misc. 254,700 254,700 0 O Subtotal $966, 400 $748, 500 $217, 900 Fees Engineering Fees $584,400 $584,400 $0 O Community Development (including Plan Check) 222,400 222,400 0 O Building & Safety Fees (including Plan Check) 476,000 476,000 0 O Community Service Fees 191,000 191,000 0 O Finance Fees 600 600 0 O Sale of Maps and Publications 4.400 4,400 0 O Subtotal $1,478,800 $1,478,800. $0 Other Revenue Allocated Interest $170,100 $0 $170,100 R Non -Allocated Interest 2,095,200 0 2,095,200 R Miscellaneous Revenue 16,50.0 0 16,500 R Subtotal $2,281,800 $0 $2,281,800 General Fund Total $23,172,84o �z,xci,suu �cu,a4�,agv 'Note: 1. Revenue type = Recurring 'R' or One-time 'O' Source: Stanley R.. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 17 La Quetta _ 1� TABLE A-3 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA ESTIMATED ON -SITE TAXABLE SALES AND SALES TAX Category Square Feet % of Total Median Sales per Sq. Ft. Percent Taxable' Median Taxable Sales per Sq. Ft. Projected Taxable Sales Office 89,020 89.6% $0 0.0% $0 $0 Retail Restaurants with Liquor 5,200 5.2% $302 100.0% $302 $1,570,400 Sandwich Shop 1,400 1.4% $312 100.0% $312 $436,800 Copyshop/Office Supplies 3,200 3.2% $207 50.0% $104 $331,200 Newspapers/Magazines/Misc. 500 0.5% $11211 100.0% $121 $60,500 Retail Subtotal 10,300 10.4% $265 $233 $2,398,900 Total Building Square Feet 99,320 100.0% Total Acres 7.6 Floor Area Ratio (FAR) 0.30 Total Permitted Building Square Feet 99,320 Estimated Sales Tax @ 1 % $231989 Use Tax @ 10.5% of Taxable Sales Estimate $2,519 Total Estimated Sales and Use Tax $26,508 1. All retail sales categories are considered 100% taxable except for Copy Shop/Office Supplies where copy services are not considered to be taxable. Sources: Stanley R.Hoffman Associates, Inc. Urban Land Institute (ULI), Dollars & Cents of Shopping Centers, 2004. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 18 La Quint • :7 4v 115 TABLE A-4 LA PALOMA FISCAL ANALYSIS. CITY OF LA QUINTA ESTIMATED OFF -SITE TAXABLE SALES & SALES TAX FROM HOUSEHOLDS (In Constant 2004 Dollars) Average Annual Household Income' Annual Taxable Retail Household Purchases at 32% of Annual Income Annual Retail Sales per Household at Capture Rate of 50% La Paloma Households Total Retail Sales Captured in City Estimated Annual Retail Sales Tax to City @ 1 % Use Tax @ 10.5% of Taxable Sales Estimate Total Estimated Sales and Use Tax 1. According to PRS, the average annual household income of the project residents is estimated to be about $80,000. Sources: Stanley R. Hoffman Associates, Inc. Bureau of Labor Statistics, Consumer Expenditure Survey, 2001. Stanley R. Hoffman Associates, Inc. September 23, 2004 19 $80,000 $25,600 $12,800 50 $640,000 $6,400 672 $7,072 La Paloma Fiscal Analysis 11 La Quinta 03 TABLE A-5 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA SUMMARY OF GENERAL FUND COSTS, 2004-2005 (In Constant 2004 Dollars) General Fund Expenditures Total General Government Non -General Government General Government Legislative'(City Council) $761,385 761,385 City Manager 623,222 623,222 Economic Development 743,550 743,550 Personnel/Risk Management 660,679 660,679 City Clerk 434,611 434,611 Finance & General Services 1,074,631 1,074,631 Non -General Government Police (in partnership with County Sheriff - Indio Station) 6,636,704 6,636,704 Fire 3,782,040 3,782,040 Emergency Services 45,193 45,193 Building & Safety Department' Animal Control 293,479 293,479 Code Compliance 658,084 658,084 Administration 290,317 290,317 Building 794,000 794,000 Civic Center Building 485,258 485,258 Public Works Street Maintenance 591,269 591,269 Landscape & Lighting Maint.($35 annually per parcel) 468,662 468,662 Park Maintenance 837,090 837,090 Administration 194,230 194,230 Engineering/Traffic 851,645 851,645 Construction Management 520,565 520,565 Community Services (Senior Center and Recreation) 1,195,850 1,195,850 Community Development 972,710 972,710 GRAND TOTAL GENERAL FUND $22,915,174 $4,298,078 $18,617,096 CALCULATION OF GENERAL GOVERNMENT COSTS Total General Fund Expenditures $22,915,174 minus General Government Costs $4,298,078 Direct General Fund Costs equals $18,617,096 General Government as a percent of Direct General Fund 23.09% Sources: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. September 23, 2004 20 La Paloma Fiscal Analysis La Quinta 354 TABLE A-6 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA GENERAL FUND NET BUILDING & SAFETY COSTS (in Constant 2004 Dollars) Total Building & Safety (less Animal Control) Costs $2,227,659 minus Building & Safety Fees Building Permits 493,800 Plumbing, Electrical, Mechanical permits 254,700 Building & Saftey Fees (including Plan Check) 476,000 Total One -Time Fees $112241500 equals Recurring Building & Safety Costs $1,003,159 Population plus Employment 49,591 Building & Safety Cost Factor (per capita & per employee) $20.23 Source: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 21 La Quinta 1 118 TABLE A-7 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA GENERAL FUND NET COMMUNITY SERVICE COSTS (In Constant 2004 Dollars) Total General Fund Community Service Costs One -Time Revenues Community Service Fees Total One -Time Fees $1,195, 850 minus 191,000 $191,000 equals Recurring General Fund Net Community Service Costs Population Community Services Cost Factor (per capita) Source: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. $1,0041850 32,522 $30.90 Stanley R. Hoffman Associates Inc. La Paloma Fiscal Analysis September 23, 2004 22 La Quinta 356 TABLE A-8 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA GENERAL FUND NET COMMUNITY DEVELOPMENT COSTS (In Constant 2004 Dollars) Total General Fund Community Development Costs minus One -Time Revenues Community Development Fees (including Plan Check) 50% of AB939 Fees Total One -Time Fees equals Recurring General Fund Net Community Development Costs Population plus Employment Community Development Cost Factor (per capita & per employee) Source: Stanley R. Hoffman Associates, Inc. City of La Quinta, Fiscal Year 2004-2005 Budget. Stanley R. Hoffman Associates, Inc. September 23, 2004 23 $9721710 222, 400 91,050 $313,450 $659,260 49,591 $13.29 La Paloma Fiscal Analysis 120- La Quinta 7 ;� r) TABLE A-9 LA PALOMA FISCAL ANALYSIS CITY OF LA QUINTA CURRENT TAX RATE AREA (TRA) ALLOCATIONS Fund Description' I TRA: 26-016 011001 GENERAL 0.127495571 01 1121 COUNTY FREE LIBRARY 0.014733833 011123 COUNTY STRUCTURE FIRE PROTECTION 0.060245590 022375 CITY OF LA QUINTA 0.042750294 022376 C OF LA QUINTA RDV 0.000000000 031623 COACHELLA VAL JT�BLO HIGH 0.000000000 032001 DESERT SANDS UNIFIED SCHOOL 0.371557750 039001 DESERT COMMUNITY COLLEGE 0.077208350 039896 RIV. CO. OFFICE OF EDUCATION 0.042005320 041852 CSA 152 0.000000000 044015 COACHELLA VALLEY PUBLIC CEMETERY 0.002358213 044555 CV MOSQ & VECTOR CONTROL 0.010027068 044611 COACHELLA VALLEY REC AND PARK 0.012139701 044821 COACHELLA VALLEY COUNTY WATER 0.028071860 184061 CITRUS PEST CONTROL 2 0.000000000 284705 COACHELLA VALLEY RESOURCE CONSER 0.000359900 284831 CVC WTR IMP DST 1 DEBT SV 0.013099250 384822 COACH VAL CO WTR STORM WTR UNIT 0.035536720 ERAF 0.162410580 Total 1.000000000 City Allocation 0.042750294 Notes: 1. The funds in bold face are presented in the fiscal analysis. 2. The project site is located in Tax Rate Area 20-016. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor Controller - FY2003-2004. Stanley R. Hoffman Associates, Inc. September 23, 2004 24 La Paloma Fiscal Analysis La Quinta 121. 358 APPENDIX B - PERSONS AND AGENCIES CONTACTED City of La Ouinta Finance Department John Faulkner, Finance Director 760-777-7150 Planning and Development Oscar Orci, Interim Community Development Director 760-777-7071 Pacific Retirement Services (PRS) Brian McLemore 541-857-7215 541-857-6514 MSA CONSULTING, INC. Mainiero, Smith & Associates, Inc. Marvin Roos, Director of Design 760-320-9811 Riverside County Auditor Controller Rebecca Carr 909- 697-4623 Stanley R. Hoffman Associates, Inc. La Paloma Fiscal Analysis September 23, 2004 25 La Quinta 122 359 ATTACHMENT 5 LETTERS RECEIVED 124 Edwin B. Whiting MD .37-581 Westridge Ave Sun City Palm Desert Palm Desert, CA 92211-1365 City of La Quinta Community Development Dept. P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Mr. Sawa, Telephone (760) 360-7404 E mail: ewhitin@dc.rr.com September27, 2004 The purpose of my letter is to indicate strongly my support and the need .for the La Paloma Continuing. Care Retirement Community. As a Physician I can sincerely appreciate the need for this development during my years of caring for young and older people. I have been fortunate to be a guest visiting friends who are. residents in Continuing Care communities managed by Pacific Retirement, Services and Greystone Communities. -The. residents have been high in their praise of the management and 1 could certainly affirm the excellent conditions, maintenance, care for the disabled and meals during my stays. As an addendum, I am no way affiliated or receive compensation from. the above organizations, I am just most enthusiastic about supporting this high caliber development and hope to be, a resident there in the near future. Sincerely, r Edwin B. Whiting M.D. izs 362 0V w C13 o`er °MMUVk\" 79-200 Violet Court La Quinta, CA 92253-4253 23 September 2004 Mr. Stan B. Sawa, Principal Planner City of La Quinta.. Community Development Department P. 0. Box 1504 la Quinta, CA 92253-1504 Dear Mr. Sawa As far as I know,.ia Quinta has no continuing care retirement commu= nity. That's the characteristic that interests me the most about L3 Paloma, whose buildings are, gradually making their way through the city's planning offices. I'm told that the rules are strict and rigorous. That pleases me enormously, and I don't. get aggravated when the time for approvals keeps dragging out. I'd far rather have. .a facility that meets or exceeds.every rule you have than one that is only so-so. So I want you and your colleagues to stick to your guns. Then, when I move in two years from now, I will be 100 per- cent confident that I'm in the best possible structure because.you did your very best. Two years from now seems like a long time, especially to those of us who have already paid our $1,000.to be among the first residents. I'm 77, an age at which one has learned that actuarial projections are interesting and maybe even encouraging, but they really don't mean a thing. Even though I ought to live many more years, I at least want to ' last long enough to spend a year or two at La Paloma. . I've been waiting more than two years already. What a letdown it would be to just barely make it and then die right on the cusp of a new adventure! So keep on checking every detail so that the finished product will be one that you're proud of. Yours truly, Phyllis I. Lewis P.S. -I've been in la Quinta only three years, having moved here from Orange County (Anaheim). Wild horses couldn't get me away from this beautiful place. 126 363 RICHARD AND ALICE BECHTOLD 78-154 CALLE NORTE DUNA LA QUINTA 6�`1�� LA QUINTA, CALIFORNIA Q�'YmUN' City of LaQuinta LaQuinta, California April 5, 2004 Dear Sirs or Madams: As home owners in LaQuinta, we would like to weigh in as being against the proposed building of a retirement residence on the comer of Avenue 50 and Washington Streets by GREYSTONE. As I understand it, this property is currently zoned single family residential and this proposed usage does not meet that criteria. We are opposed to changing the zoning because of traffic issues that would result as well as lighting and the inappropriateness of two story buildings in this area. It would have a detrimental effect on the adjacent neighborhood property both in value and livability. We have watched the city of LaQuinta take care of the community and make many upgrades over the past several years which is why we bought here. Please do not succumb to big development from Texas and downgrade this neighborhood. Sincerely, z Richard and Alice Bechtold 12'7 364 November 6, 2004 Mayor of La Quinta . La Quinta City Council La Quinta City Planning Commission 78-495 Calle Tampico La Quinta, California Dear Sirs: W � � I ! 15 2004 C&P The City of La Quinta is considering a development at Ave. 50 and Washington, which will have a negative affect on the surrounding community. I am writing to ask that the La Quinta City Council and the Planning Commission reject approval of the development of a twenty-one acre Senior Retirement community on this land. I do not believe -it is in the best interest of the citizens and taxpayers of La Quinta. I believe it is planned in the wrong area, too close to two schools and the Boys and Girl's Club, and will jeopardize our children's safety and create major traffic problems on Washington and Ave. 50. Facilities of this type are usually built near a Health Care Facility, such as a Hospital. The rezoning of this area is a drastic change from the current Low Density Residential zoning to Medium High Density Residential. Those of us who live in and around this planned project and have children attending La Quinta Middle School, Truman. Elementary and the Boys and Girl's Club are concerned and opposed to this project for the following reasons: • Increased traffic in and around the schools, which are already congested. This is a major safety concern for children walking to and from both school and attending the Boys and Girls Club. • Significant increase in traffic to and from a facility of this kind, including: 1. Ambulances and Transport vehicles, 2. Service and Delivery vehicles such as laundry, food, garbage, 3. Staff which change shifts 3 times per day, 4. Independent staff such as Therapist, Social Workers and Dietitians coming and going daily 5. Maintenance vehicles 6. Upwards of over 500 new residents and visitors to this facility • Safety concerns about containment for Alzheimer's/Dementia patients wandering in the area • Increase in Senior drivers in the area • This is a two story facility which will obstruct the view of the mountains from the residents on the north side and the apartments will have balconies which look down into the backyards of the residents on the north side • Increase in lighting from the vast two story project 128 365 • Increased noise from cars and trucks coming and going • Headlights into the homes facing north while parking in the carports planned on the north side of the project • Increased Carbon Monoxide in these parking areas • This type of facility would lower the values of the surrounding homes and property This land is planned for single family residences and should not be rezoned to accommodate a multi -residential facility of this kind, which is actually a commercial business. The City of La Quinta would have to change the zoning for this project, which a majority of the residents and parents are against. I am respectfully requesting the City Council members and the Planning Commission members consider the valid wishes of the surrounding property owners, who are taxpayers and are invested in our city, when making this decision. This development is a mistake in this location. Please represent the best interests of the residents who voted you into office over those of a large corporation. ,IIICH,4n & LAUREL DIGIOVANNI 78-670 Highway Ill, PAM 162 La Quinta, CA 92253 12)9 366 To: The City of La Quinta City Council D r Vie NOV o zoosMY OF ��UINTA D Comm I ENT ":0.1p. We the people of Desert Club Manor, tract one, consisting of the streets of Sagebrush, Bottlebrush, Date Palm and Saguaro, request the City of La Quinta to maintain the current zoning of the property located at Avenue 50 and Washington. This property is currently zoned R-1 and we request that it remain zoned R-1 and not be changed. } k..-, (I ken i�! # �A.X✓ 130 367 Date: February 20, 2004 To: The City of La Quinta City Council We the people of Desert Club Manor tract one, consisting of the streets of Sagebrush, Bottlebrush, Date Palm and Saguaro Drive request the City of La Quinta to maintain the current zoning of the property located at Avenue 50 and Washington. This property is currently a RI zone and we request that it remain that way. �O(Oqs- LO X. S� -�� ; 00 a v r J, .� �j `J v 3 0 :5A (;�L)oe o k�, L 7 - sSG 7 7u 00 Sra%D AR. 7gb3n Z5.49 U AO . 131. To: The City of La Quinta City Council We the people of Desert Club Manor, tract one, consisting of the streets of Sagebrush, Bottlebrush, Date Palm and Saguaro, request the City of La Quinta to maintain the current zoning of the property located at Avenue 50 and Washington. This property is currently zoned R-1 and we request that it remain zoned R-1 and not be changed. To: The City of La Quinta City CoUneil We the people of Desert Club Manor, tract one, consisting of the streets of Sagebrush, Bottlebrush, Date Palm and Saguaro, request the City of La Quinta to maintain the current zonin,pgAx.,property located at Avenue 50 and Washington. This property is currently ned 1 we request that it remain zoned R-1 and not be changed. � �C 1' UA Z-- 7-d 6 50 /)anu 10- k7An k 1- -19( a 0 z�3 ^�ZZS3 133 370 To: The City of La Quinta City Council We the people of Desert Club Manor, tract one, consisting of the streets of Sagebrush, Bottlebrush, Date Palm and Saguaro, request the City of La Quinta to maintain the current zoning of the property located at Avenue 50 and Washington. This property is currently zoned R- 1 and we request that it remain zoned R- I and not be changed. .13:4 November 6, 2004 Mayor of La Quinta La Quinta City Council La Quinta City Planning Commission 78-495 Calle Tampico La Quinta, California Dear Sirs: VE�' NOV 0 920 � DWAUNIIY DE LNTAk, �1J1RTM The City of La Quinta is considering a development at Ave. 50 and Washington, which will have a negative affect on the surrounding community. I am writing to ask that the La Quinta City Council and the Planning Commission reject approval of the development of a twenty-one acre Senior Retirement community on this land. I do not believe it is in the best interest of the citizens and taxpayers of La Quinta. I believe it is planned in the wrong area, too close to two schools and the Boys and Girl's Club, and will jeopardize our children's safety and create major traffic problems on Washington and Ave. 50. Facilities of this type are usually built near a Health Care Facility, such as a Hospital. The rezoning of this area is a drastic change from the current Low Density Residential zoning to Medium High Density Residential. Those of us who live in and around this planned project and have children attending La Quinta Middle School, Truman Elementary and the Boys and Girl's Club are concerned and opposed to this project for the following reasons: • Increased traffic in and around the schools, which are already congested. This is a major safety concern for children walking to and from both school and attending the Boys and Girls Club. • Significant increase in traffic to and from a facility of this kind, including: • 1. Ambulances and Transport vehicles, 2. Service and Delivery vehicles such as laundry, food, garbage, 3. Star which change shifts 3 times per day, 4. Independent staff such as Therapist, Social Workers and Dietitians coming and going daily 5. Maintenance vehicles 6. Upwards of over 500 new residents and visitors to this facility • Safety concerns about containment for Alzheimer's/Dementia patients wandering in the area • Increase in Senior drivers in the area • This is a two story facility which will obstruct the view of the mountains from the residents on the north side and the apartments will have balconies which look down into the backyards of the residents on the north side • Increase in lighting from the vast two story project 135 372 • Increased noise from cars and trucks coming and going • Headlights into the homes facing north while parking in the carports planned on the north side of the project • Increased Carbon Monoxide in these parking areas • This type of facility would lower the values of the surrounding homes and property This land is planned for single family residences and should not be rezoned to accommodate a multi -residential facility of this kind, which is actually a commercial business. The City of La Quinta would have to change the zoning for this project, which a majority of the residents and parents are against. I am respectfully requesting the City Council members and the Planning Commission members consider the valid wishes of the surrounding property owners, who are taxpayers and are invested in our city, when making this decision. This development is a mistake in this location. Please represent the best interests of the residents who voted you into office over those of a large corporation. Sinrcerely, VZ; 'q�zs3 2� ':� - 5� y -/ 3 136 373 November 6, 2004 Mayor of La Quinta La Quinta City Council La Quinta City Planning Commission 78-495 Calle Tampico La Quinta, California Dear Sirs: ECEIVE NOV 400 1,920% CcITY ppF ►�(� INT�1 COMMUR NNE The City of La Quinta is considering a development at Ave. 50 and Washington, which will have a negative affect on the surrounding community. I am writing to ask that the La Quinta City Council and the Planning Commission reject approval of the development of a twenty-one acre Senior Retirement community on this land. I do not believe it is in the best interest of the citizens and taxpayers of La Quinta. I believe it is planned in the wrong area, too close to two schools and the Boys and Girl's Club, and will jeopardize our children's safety and create major traffic problems on Washington and Ave. 50. Facilities of this type are usually built near a Health Care Facility, such as a Hospital. I am a Registered Nurse and have worked in and around these facilities, so I am very familiar with the daily operations. The rezoning of this area is a drastic change from the current Low Density Residential zoning to Medium High Density Residential. Those of us who live in and around this planned project and have children attending La Quinta Middle School, Truman Elementary and the Boys and Girl's Club are concerned and opposed to this project for the following reasons: • Increased traffic in and around the schools, which are already congested. This is a major safety concern for children walking to and from both school and attending the Boys and Girls Club. Significant increase in traffic to and from a facility of this kind, including: 1. Ambulances and Transport vehicles, 2. Service and Delivery vehicles such as laundry, food, garbage, 3. Staff which change shifts 3 times per day, 4. Independent staff such as Therapist, Social Workers and Dietitians coming and going daily 5. Maintenance vehicles 6. Upwards of over 500 new residents and visitors to this facility Safety concerns about containment for Alzheimer's/Dementia patients wandering in the area • Increase in Senior drivers in the area 137 374 • This is a two story facility which will obstruct the view of the mountains from the residents on the north side and the apartments will have balconies which look down into the backyards of the residents on the north side • Increase in lighting from the vast two story project • Increased noise from cars and trucks coming and going • Headlights into the homes facing north while parking in the carports planned on the north side of the project • Increased Carbon Monoxide in these parking areas • This type of facility would lower the values of the surrounding homes and Property This land is planned for single family residences and should not be rezoned to accommodate a multi -residential facility of this kind, which is actually a commercial business. The City of La Quints would have to change the zoning for this project, which a majority of the residents and parents are against. I am re pectfuily requesting the City Council members and the Planning Commission members consider the valid wishes of the surrounding property owners, who are taxpayers and are invested in our city, when making this decision. This de`vekgmx t is a mistake in this location. Please represent the best inters of the residents who voted you into office over those of a large corporation. Sincerely, Kam � �., �sj Karen Kirk Box 574 La Quinta, CA 92253 138 375 ATTACHMENT 6 Planning Commission Minutes November 9, 2004 9. Commission 91Daniels stated that if it is on their property, he has no issue. H would leave the one at the entrance. 10. Commis ones Krieger stated he would agree with staff's recomm ndation. 11. Com ssioner Quill asked if about the "E" and "Embassy Suites" signs on the side of the building. 12. Ch rman Kirk stated he would prefer the "E", but they agree with st f's recommendation. 13. /825, was moved and seconded by Commissioners Quill/Krieger to dopt Minute Motion 2004-016, approving Sign Application 2004- Amendment # 1, as recommended by staff. RO CALL: AYES: Commissioners Daniels, Krieger, Quill, and Chairman NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None Commissioner Ladner rejoined the Commission. D. Environmental Assessment 2003-470, General Plan Amendment 2003- 091, Zone Change 2003-112, Conditional Use Permit 2003-074, Specific Plan 204-071, and Site Development Permit 2003-762; a request of Pacific Retirement Services and Westport La Quinta, LP. for consideration of: 1) Mitigated Negative Declaration of environmental impact; 2 & 3) General Plan Amendment and Zone Change from Low Density Residential to Medium High Residential at the northeast corner of Washington Street and Avenue 50 and Office Commercial to Medium Density Residential at the southeast corners of Washington Street and Avenue 50; 4) design principles and guidelines for a senior retirement community; 5) Conditional use permit to allow a congregate care facility; and 6) development plans to allow a senior retirement community, for the properties Located at the northeast and southeast corners of Washington Street and Avenue 50. 1. Chairman Kirk excused himself due to a potential conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the 139 staff report. Principal Planner Stan Sawa presented the G:\WPDOCS\PC Minutes\11-9-04.doc 5376 376 Planning Commission Minutes November 9, 2004 information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Ladner asked how many homes were previously planned for the parcel to the north and would i they be allowed two story units. Staff stated none on the north parcel and they are limited to one story at 17 feet. 4. Commissioner Krieger asked if there would be deceleration lanes at the entrances. Staff stated they are conditioned to have a traffic engineer prepare a report to determine if it is needed. Commissioner Krieger asked what the impact of traffic would be on the intersections. Staff stated it was determined the level of service for the streets would remain the same. This residential project would generate less trips than a commercial project. Commissioner Krieger asked if the 16 foot light poles would be visible from the surrounding tracts. Staff stated there will be some visibility, but less than what a commercial project would have. The carports lighting would be under the roofs and in areas near the north property line they are using bollards. 5. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Marvin Roos, MSA Consulting, project planners for the project, introduced the project team who' gave a presentation on the project. 6. Vice Chairman Quill asked if there were any questions of the applicant. Commissioner Ladner asked how many of their residents own a vehicle and drive. Mr. Brian McLemore, Pacific Retirement Services stated that. as they enter they may own a vehicle, but as they grow older they get rid of them. They estimate one parking space per resident. Commissioner Ladner asked if the 216 living units are hose that will have one car units. Mr. McLemore stated yes. 7. Vice Chairman Quill asked if they have done any trip generations on the 216 cars. Mr. McLemore stated a trip generation study has shown that a. retirement community has 30% less than a residential community. 8. Commissioner Ladner asked if van services would be available. Mr. McLemore stated yes, and explained the services to be provided. .140 G:\WPDOCS\PC Minutes\11-9-04.doc 6 " 377 Planning Commission Minutes November 9, 2004 9. Commissioner Daniels asked about the letter received in opposition and one issue in particular was the containment of dementia residents wandering into the community. Mr. McLemore stated this specific portion of the facility is a lock down facility and therefore, they will not be allowed to leave. 10. Commissioner Daniels asked if their other facilities they own were of the same size. Mr. McLemore stated yes and gave the sizes. Commissioner Daniels asked if the split in the property was an issue. Mr. McLemore stated this is the reason for the tunnel where golf carts could be used to move between the two sites. They will implement a transportation program to assist the transportation problems. Commissioner Daniels asked if, they would be better planned to be constructed next to a medical facility. Mr. McLemore stated they have not found this to be necessarily true. They have registered nurses on call 24 hours a day with an emergency call system in place. Mr Chris Dalengas, architect for the project, gave a power point presentation on the project elevations. 1 1 . Commissioner Krieger asked if the light poles would have shields. Mr. Dalengas stated yes, so there would be no light directed toward the sky. Commissioner Krieger asked if the residents of the two story units could look down into the neighboring residential projects yards. Mr. Dalengas stated they did not believe this would be possible, but if the neighbor thought they could, they would build a masonry wall to block that view. 12. Commissioner Daniels asked if it was possible to put the single story casitas on the northern property. Reversing the two sites and what implications would this cause. Mr. Dalengas stated the southern site does not have enough acreage. Commissioner Daniels asked what the implications would be to setback the two story units further back. Mr. Dalengas stated they would lose units on all three buildings, but he would not know how many. 13. Vice Chairman Quill asked if there is a front or back on the parking structure to block views. Mr. Dalengas stated no. They designed it with flat roofs to reduce the visual impact. Vice Chairman Quill asked how the 16 foot lights would affect the project. He also asked if the roof tiles were clay or concrete. Mr. Dalengas stated they are concrete. Vice Chairman Quill asked if the residents were 141 G:\WPDOCS\PC Minutes\11-9-04.doc 378 Planning Commission Minutes November 9, 2004 in favor of the undergrounding of the utilities. Mr. Dalengas stated they were in support of the undergrounding. 14. Mr. Rob Parker, representing RGA, gave a presentation on the landscaping plan. Mr. Roos went over the conditions and requested changes to conditions #8, #10, 54.B.1. & 2, 54.A.1.e, 54.A.1.a., 54.B.2. & 2., #39, in addition to the deceleration lane leading to the two sites access points on Avenue 50 be eliminated and confirmation that the 150 foot setback to the two story structures required will not have to be further offset due to the deceleration lanes being conditioned on the project. 15. Commissioner Krieger asked if there had been a traffic study. Mr Roos stated Washington Street was done, but Avenue 50 was only to determine the need for deceleration lane. 16. Chairman Kirk asked if anyone else would like to address the Commission on this matter. Mr. Paul Cope, 78-766 Gorham Lane, Palm Desert, signed up to live in the development. He has investigated several of their other sites and was very impressed with the developments. 17. Mr. Jack Nelson, 78-707 Saguaro, stated he was in opposition to the project due to the change in density and the amount of traffic it.would generate. He does not want it in his back yard. 18. Mr. Bob Tayar, 79-945 Rancho La Quinta Drive, stated he supported the project and hoped to be a resident at this facility. 19. M. Karen Kirk, 78-585 Saguaro, stated her opposition to the project as she believed it will lower her property values. She submitted. a petition of residents who were in opposition to. the project. 20. Mr. Les Webber, 160 Tomahawk Drive, Palm Desert, stated his support of the facility. 21 Ms. Helen Marie Nelson, 78-707 Saguaro, stated her opposition to the project in regard to density, and how it would devalue their property. 22. Mr. Jack Harper, 50-665 Grand Traverse stated his support.of the . project. 23. Ms. Sandra Hawk, 78-770 Spy Glass Hill, stated her support of 142 G:\WPDOCS\PC Minutes\11-9-04.doc 8 •.. Planning Commission Minutes November 9, 2004 the project. Her concern was what could be developed here if this was not being proposed. 24. Mr. John Sharn 78-650 Saguaro, stated his support of the project. He works at a project such as this and it is a progression of individuals who move from the country club environment to these facilities. 25. Mr. Bob Taher, 79-945 Rancho La Quinta Drive asked for those in support of the project to stand. A majority of the audience stood to show their support. 26. Dr. Neda Nealstron, 50-095 Doral what is going to be done with the traffic noise that exists currently? 27. Mr. Tom Anderson, 78-731 Saguaro, questioned the ten foot setback from the property line to the carport and he did not see that in the rendering. Vice Chairman Quill stated it is being provided. In addition, they will underground the power lines. Staff then discussed with him where the light poles would be located. 28. Ms. Norma Main 78-715 Saguaro Road asked how they could build the wall higher when the City has a maximum six foot height for the wall. Staff stated it could be done in a combination of a berm and wall. The Specific Plan does allow for a development to deviate from City standards and guidelines to allow a wall higher than the Code allows. Ms. Main asked the height of the single family home that was shown on the power point. Staff stated the peak would be 17 feet. She stated she was opposed to the project. 29. Ms. Patricia Duarte, 53-400 Avenida Forensa, asked how the traffic on Avenue 50 would be affected by this project. Her concern was the children traveling to school along Avenue 50. Vice Chairman Quill stated the level of service will not be impacted by this project. In other words the added traffic will not be that much greater than what exists. 30. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 31. Commissioner Daniels asked staff if they had any issues with the 143 condition changes as requested by the applicant. Staff stated G:\WPDOCS\PC Minutes\11-9-04.doc 9 380 Planning Commission Minutes November 9, 2004 items 1 and 2 the applicant will correct and the changes will be made accordingly. Item 3 should be deferred to the Public Works and Fire Department to make certain it is allowed; Item 4 must be specific widths per the Code; Item 6 will be referred to Sunline and the Public Works Department to determine if it is acceptable; Item 7 is a standard condition and should remain; Item 8 should be referred to CVWD. Staff would prefer the berms be landscaped. 32. Mr. Marvin Roos, stated they have held community meetings to resolve the remaining issues and most of the issues raised, they believe have been met. 33. Commissioner Daniels asked about the lights at night and the carport. Mr. Roos stated there will be a berm and wall down to a wall at the west end to block the glare. 34. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 35. Commissioner Ladner stated she would welcome this project behind her. 36. Commissioner Daniels agrees this is a great project but the real challenge is to determine if this is the right place for it. He would like to resolve the remaining four conditions. 37. Commissioner Krieger stated he supports the project. 38. Vice Chairman Quill does see a problem with the metal roof on the parking structure as the lights under the roof will always be there. The roof should be a tile that could be low profile to block any lights into any resident on the north. He would suggest they use a single Mission S-clay tile. Their items #1, #2, #3 can be approved subject to Public Works Department approval; Item #5 to reduce the 8 foot sidewalk should remain on Washington Street and Avenue 50; If they will eliminate any ingress into the project on Washington Street north bound he would agree to removing the south side deceleration; Item #6 would like to see the bus turnout at this location, but it needs to be worked out with Sunline; Item #39 he would not like to see the landscaping removed, but will have to agree with CVWD requirements. With respect to raising the wall at the request of the homeowners on Saguaro, it should be allowed to go to an elevation of seven feet from the finish floor ,,. Ax G:\WPDOCS\PC Minutes\ 11-9-04.doc 10 091 Planning Commission Minutes November 9, 2004 elevation of their home This is in addition to the tile roof of the parking structure. 39. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-085, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-470, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 40. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-086, recommending certification of General Plan Amendment 2003-091, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill, NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 41. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-087, recommending approval of Zone Change 2003-112, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 42. it was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-088, recommending approval of Conditional Use Permit 2003-074, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 43. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-089, recommending approval of Specific Plan 2004-071 as recommended and revised. 14 G:\WPDOCS\PC Minutes\11-9-04.doc 11 .182 Planning Commission Minutes November 9, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 44. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-090, recommending approval of site Development Permit 2003-762, as recommended and revised: a. Condition added: The carport roofs adjacent to the north property line shall use a single Mission "S" clay.tile that is low profile to block any lights into any residences on the north. b. Condition #8.A.1: Shall be approved subject to Public Works Department approval. d. Condition #54.A.1.a.: bus turnout may be deleted if approved by Sunline Transit. If deleted the deceleration lane shall be used for a bus stop; C. Condition #39: the landscaping on the CVWD Evacuation Channel face shall be subject to CVWD approval. d. Condition #99: is amended to refer to the first floor windows at the ends of the independent living building. d. Condition added: The perimeter wall along the north property line of the north site may be a maximum seven feet high as measured on the north side of the wall. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None VI. '::�--BUSINESS ITEMS: No VII. C RESPONDENCE AND WRITTEN MATERIAL: None. VIII. COM SIONER ITEMS: IX. ADJOURNWNT: There being no furth business, it was moved and seconded by Commissioners Daniels/Krieger to adj rn this regular meeting of the Planning Commission to a regular meeting of the PI ning Commission to be held on November 23, 2004, at 7:00 p.m. This meeting of t e Planning Commission was adjourned at 9:53 p.m., on November 9, 2004. 14`. G:\WPDOCS\PC Minutes111-9-04.doc 12 383 ATTACHMENT? AISA CONSULTING5 INC# PLANNING ■ CIvu, ENGINEERING ■ LAND SURVEYING December 2, 2004 U RECEIV;7 DEC 22004 Mr. Don Adolph �G Q Mayor ,�, 3 City of La Quinta ' DE��' 78-495 Calle Tampico P.O. Box 1504, 92247 La Quinta, CA 92253-2903 Re: La Paloma Continuing Care Retirement Community Dear Mayor and City Council: On behalf of Pacific Retirement Services and Westport La Paloma, we want to thank the City of La Quinta and its staff for the opportunity to present La Paloma, a Continuing Care Retirement Community project that we believe will be a great new addition to the community. We are looking forward to presenting the project to the City Council at the public hearing on December 7 and wanted to give the Council a "heads -up" on those few areas where we have concerns about the conditions of approval as approved. by the Planning Commission at its public hearing on December 9. The Commission, as usual, was extremely thorough and professional, although several of the conditions imposed were developed during the Commission deliberation and there was no opportunity for a thorough, two-way discussion with the project proponents on cost impacts or possible alternatives. The areas of concern are as follows: 1) The Commission added a condition that changed the proposed concrete "S" roofing the (that had received approval from the city's Architectural Review Board) to a clay "S" type tile. They asked that the tile colors include the multiple variations that we had proposed for the concrete tile. We would request that we be allowed to used the roof tile selected by the architects. 2) The Public Works staff had recommended that the on -site driveways be increased from 26 feet in width to 28 feet in width throughout both sites in the development. Overall, the development concept appears much like an apartment complex where a 26 foot width would be considered acceptable for driveways. While the drives could . be increased to 28 feet, again we would ask the Council to consider allowing the drives at 26 feet which also maintains more landscaped area. If there is a particular area where the staff feels the additional area is needed for maneuvering or safety, we would be glad to work that out at the staff level. 3) The Public Works staff also recommended adding a second interior sidewalk on both sides ,of the private drives on both sites. We question this requirement on the north site where the sidewalk on the outside of the drive would not directly provide access to any unit and would take up valuable landscaping that provides a buffer to the public streets and the neighbors to the. north. On the south site, the second walk would displace much needed landscape areas. The walk that is shown on the plans encircles the central area 34200 BOB HOPE -DRIVE ■ RANCHO MIRAGE ■ CALIFORNIA ■ 9 2 2 7 0 760.320-9811 0 760.323-7893 fax ■ www.MSACONSULTINGINC.COM and is easily accessible to all residents that want to walk to the recreation area. While not shown on the preliminary plans, we have no problem with the condition that we connect the on -site walkways with the public sidewalks on Washington Street and 50e Avenue. 4) The Public Works staff has recommended deceleration lanes at the three project entries. We are having our traffic engineer review the geometry of those lanes and will report to the Council next Tuesday on the results. We certainly understand the need for the entry on Washington Street but the 50mAvenue conditions make the deceleration lanes more problematic. The nature of the traffic on 5e just east of Washington would appear to have less need for these lanes. 5) The Planning Commission added a condition that requires tile roofs on the carports on the north side of the project. Our design of a low profile, flat roofed carport design was very specifically designed to minimize the view blockage for our neighbors. Even a minimal pitched tile roof will block more of these folks view. We will have some sections available at the meeting that will show this. 6) The Commission also added, a condition that we landscape the CVWD Evacuation Channel for both sites. We have met with the District and they have expressed concerns about anything that blocks the flow of water and complicates their maintenance. This landscaping may also have to figure within our water budget which will complicate that process. We would ask the Council to either eliminate the requirement or to allow us to work with staff on this to find a reasonable compromise design. 7). Lastly, we had asked to use some open wrought iron type fencing along either Washington Street or 5e Avenue on the north site. The Commission required the solid wall on all street frontages. We feel that a fence and landscape solution can be attractive and will be glad to show the Council the details of this design alternative at the hearing. Thanks for the opportunity to discuss these issues and we hope that delineating our request ahead of time in this letter,, the issues will be easier to resolve at the hearing. Very truly yours, Marvin Roos, AICP Director of Design Development MDR:nc cc: Brian McLemore Marco DePalma Chris Dalengas Rob Parker LTING INC. MSA CONSU 14S 34200 BOB HOPE DRIVE ■ RANCHO MIRAGE ■ CALIFORNIA ■ 92270 .7 760.320-9811 0 760.323-7893 fax 0 www.'MSACONSULTINGINC.com