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2005 05 03 CCe4 4 #41ha 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, May 3, 2005 - 2:00 P.M. Beginning Resolution No. 2005-031 Ordinance No. 417 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 REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE. PROPERTY OWNER/NEGOTIATORS: SANTA ROSA PLAZA, LLC AND EMBASSY SUITES, LA QUINTA. City Council Agenda 1 May 3, 2005 I 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. PRESENTATION TO FORMER POLICE CHIEF JOHN HORTON. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM LA QUINTA ARTS FOUNDATION, DATED APRIL 18, 2005. 2. CORRESPONDENCE FROM JIM MURRAY MEMORIAL FOUNDATION AND THE INTERNATIONAL GOLF MUSEUM REGARDING MARKETING PARTNERSHIP PROPOSAL FOR THE CITY OF LA QUINTA AND SilverRock RESORT. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 19, 2005. 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 MAY 3, 2005. City Council Agenda 2 May 3, 2005 2. DENIAL OF CLAIM FOR DAMAGES FILED BY DOWANNE VALDEZ — DATE OF LOSS: JANUARY 12, 2005. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY VIRGINIA ANN TABOR- DATE OF LOSS: FEBRUARY 12, 2005. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE INFORMATION SYSTEMS ANALYST TO ATTEND THE MASTERING INTERNET AND LAN SECURITY SEMINAR TO BE HELD IN VENTURA, CALIFORNIA, JUNE 28-29, 2005. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE REDEVELOPMENT INSTITUTE 2005, TO BE HELD IN ANAHEIM, CALIFORNIA, MAY 16-20, 2005. 6. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON MAY 14, 2005 ON AVENIDA BERMUDAS. 7. APPROVAL OF A REQUEST FOR PROPOSALS FOR DESIGN/BUILD SERVICES FOR CAPITAL IMPROVEMENT PROJECTS 2003-02 AND 2003-04, ADDITION TO BOYS AND GIRLS CLUB AND SPORTS COMPLEX IMPROVEMENTS AND ALLOCATION OF QUIMBY FUNDS. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 32683-2, WASHINGTON 111, LTD. BUSINESS SESSION 1. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION ANNUAL WORK PLAN FOR FISCAL YEAR 2005/2006. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE CULTURAL ARTS COMMISSION ANNUAL WORK PLAN FOR FISCAL YEAR 2005/2006. A. MINUTE ORDER ACTION City Council Agenda 3 May 3, 2005 ,� 3. CONSIDERATION OF AN ORDINANCE TO AMEND TITLE 9, CHAPTER 9.60 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO HOME OCCUPATIONS. A. MOTION TO TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING. 4. CONSIDERATION OF SPECIAL GREEN FEE RATES FOR SilverRock RESORT. A. MINUTE ORDER ACTION. 5. CONSIDERATION TO AWARD A CONTRACT FOR THE DOWNTOWN PARKING LOT AND LIGHTING IMPROVEMENTS, PROJECT NO. 2003-14. A. MINUTE ORDER ACTION 6. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING DISTRICT 89-1, FOR FISCAL YEAR 2005/2006, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND GIVING NOTICE THEREOF. A. RESOLUTION ACTION STUDY SESSION 1. DISCUSSION REGARDING SECURITY CAMERAS AT CITY FACILITIES. 2. DISCUSSION OF SPHERE OF INFLUENCE FOR LAFCO MUNICIPAL SERVICES REVIEW. 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 (SNIFF) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) r City Council Agenda 4 May 3, 2005 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 MARCH 24, 2005 17. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 9, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE A. REPORT ON SEPTIC SYSTEMS IN THE COVE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT — NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT — NONE 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT — NONE 9. POLICE DEPARTMENT MONTHLY REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE CITY'S PARTICIPATION WITH THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITOR'S AUTHORITY. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. City Council Agenda 5 May 3, 2005 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 speakers podium. PRESENTATIONS 1. ART WALL PRESENTATIONS TO TRUMAN ELEMENTARY SCHOOL. 2. PRESENTATION OF PROCLAMATION TO THE RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH IN SUPPORT OF MAY IS MENTAL HEALTH MONTH. 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. CONTINUED PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL FILED BY WASHINGTON 111, LTD., REGARDING GRADING PERMIT CONDITION AND PROCESS OF FINAL MAP. A. MINUTE ORDER ACTION Note: It is anticipated that this matter will be continued to the meeting of May 17, 2005. 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2005/2006 THROUGH 2O09/2010 CAPITAL IMPROVEMENT PROGRAM (CIP) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION City Council Agenda 6 May 3, 2005 3. PUBLIC HEARING TO CONSIDER AUTHORIZATION TO CIRCULATE THE AMENDED RELOCATION PLAN AND ANNUAL SURVEY UPDATE FOR THE VISTA DUNES MOBILE HOME PARK FOR A PERIOD OF 30 DAYS - 925 C.C.R. Sec. 6088(e)). A. MINUTE ORDER ACTION 4. PUBLIC HEARING TO CONSIDER A PETITION FOR TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRACT ON 40 t ACRES LOCATED ON THE SOUTH SIDE OF AVENUE 52, 1,320 FEET EAST OF MADISON STREET WITHIN THE MADISON CLUB. APPLICANT: EAST OF MADISON, LLC. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on May 17, 2005, 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 9225 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, May 3, 2005, 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, April 29, 2005. DATED: April •• 91�� 'c;J. 'e JUNE S. GREEK, CMC, City Clerk City of La Quinta, California City Council Agenda 7 May 3, 2005 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 May 3, 2005 lfyk'� c4m Im-4 May 3rd, 2005 Thank -you Mr. Mayor and La Quinta City Council Members: Violet and I are honored to stand before you here and thank -you publicly for helping us achieve a goal that all newly-wed couples have; to own their own home. Last November we moved into our home in the cove, and every day we marvel at our future opportunities. You have helped us achieve our first step toward success and security for the future. Through guidance by the Redevelopment Agency and Overland, Pacific, and Cutler, along with realistic goals and financial planning on our part, we are a success story from the Vista Dunes Mobile Home Park. It's a story we'd like to tell you. When Violet and I heard through the grapevine that the park was being sold, we started to worry about our future security and that of our double -wide mobile home that we invested so much time and money in. When we received the notification of a public meeting, we apprehensively went, along with the majority of the ninety families that live at Vista Dunes. The lines of bewildered and frightened families being herded into the auditorium was reminiscent of the opening of the movie Schindler's List. Each household -head bravely clutched the "Terms of Relocation" papers in their hands, not knowing what the papers said, but knowing that life was going to be different then before, and probably not for the better. After the meeting, Violet and I discussed the issues and the possibilities. Through fear of the unknown, we felt lost. We decided to organize an action committee to increase public awareness of the issue and create a legal entity to protect our rights. As you have witnessed yourselves, it worked. But a rift in the committee was created between those who were willing to trust the City of La Quinta, it's Mayor, City Council, and Public Planners, and those who vowed to fight them. In retrospect, those families who overcame fear and relied upon trust are now living in homes better then before. Those who decided to fight are still living in a deserted, desolate park, no better off then they were before, and very much alone. As for Violet and me, we have changed in so many ways because of the relocation. I've changed careers and am about to receive my California Real Estate License. I plan to specialize in La Quinta properties. Violet is developing a motivational and educational course for prospective Mexican -American home owners that will help them overcome the financial and mental hurdles of home ownership; the barriers that only ignorance creates. We truly believe that through taming fear, and creating trust, people can and will achieve their dreams of home ownership in our "Gem of the Desert". We have proven this to be true, and feel we must uphold our end of the bargain with you; that is, to be finest La Quinta citizens we can be. We would like to personally thank Frank Spevecek, of the La Quinta Redevelopment Agency, and Cathy Wooley, of Overland, Pacific, & Cutler, for their patience and caring during this stressful process. They, and their staffs, have been instrumental in Violet's and my happiness. Our gratitude is immense. And to Frank and Cathy, and everyone that helped us, please know this: "We got your back". If you ever find yourself in need of a witness to testify as to your honesty, integrity, and caring for those you are responsible for, you send them to us. We'll set them straight in no uncertain terms! Mr. Mayor, Council Members, although your Redevelopment Plan isn't perfect, it is successful; at least in our eyes. If you measure success by the amount of lives that you have bettered, and that is the majority of people from Vista Dunes Mobile Home Park, then you are well on your way to succeeding. If I were to add my own perspective after the last two years, it would be this: Public Policy needs to change it's mind -set from achieving "Affordable" housing, to achieving "Realistic" housing. What most people see as "Affordable" is usually unrealistic. Therefore, it is unreachable. The development of "Realistic" goals, and plans to implement them, must be developed in the buyer's mind well before he achieves that goal. This is the lacking element in the La Quinta Relocation Plan. Many Spanish speaking households fear you, and the fear is slowing the success rate of the Agency's program. You will only overcome this fear through education, honesty, and trustworthiness. Home ownership becomes more "Realistic" through programs like the La Quinta Second Silent Mortgage program, which we are truly grateful for. We can only hope that that it keeps expanding to fulfill as many dreams like ours as possible. But development of financial planning seminars and programs for the legal immigrant families that fall below median State income levels are still lacking. Fear of the unknown far surpasses the fear of the known in many of La Quinta's Spanish-speaking households. The only remedy I see for this problem is accessible Spanish-speaking seminars that create realistic housing goals, and set an action plan in place that is understandable and positive. Eliminate the fear and ignorance, and fill the void with knowledge and trust. Make it well known in the Spanish-speaking community that there are honest answers and help -programs available for free, offered through the La Quinta City Government. Make it clear to the prospective home buyer that with proper planning and assistance, they can, and will, own a home of their own. Tell them that planning becomes the first crucial step up a difficult, but incredibly rewarding trail. And tell them once they get to the top of the trail, the view is fantastic! Thank -you again for your time and your concern. You can bet that we will be voting for each of you the next time around! Sincerely, Eric & Violet Frankson 760/285-7720 WRITTEN CORRESPONDENCE ITEM: LaI tz V _- k . a I; I T4h 4kp at 4 ti OF TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: May 3, 2005 RE: La Quinta Arts Foundation Correspondence of April 18, 2005 Staff is in receipt of correspondence from the La Quinta Arts Foundation requesting that the City enter into dialogue "to explore the possibility of a multi -year agreement to hold the annual La Quinta Arts Festival at the Civic Center Campus along with the City of La Quinta as the Premier Sponsor of the event ... ". Additionally, the letter asks that the Foundation be included in the process as plans for SilverRock Resort develop. Staff is prepared to meet with Foundation representatives regarding the Civic Center Campus request upon the City Council's direction. The Foundation's request specific to SilverRock Resort has been forwarded to Destination Development Corporation in consideration of the Redevelopment Agency's Exclusive Negotiating Agreement thereto. U 4f Llf ZUUJ UD. 10 (OUD0 40004 LO UUlN I O AK I S 1-uUN1) nii nz &U. APR 2 ! 2005 Nk �s LA QU11YTA April 18, 2005 FOUNDATION Mr. Thomas P. Genovese, City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Dear Tom, As the curtain falls on the 23`d annual La Quinta Arts Festival, it is with optimism for the future that i write to you. The very successful show drew rave reviews from attendees and artists alike proclaiming the La Quinta Civic Center Campus the most aesthetically perfect venue to showcase the highest quality art offered at the Festival_ Literally thousands of La Quinta residents and beyond were introduced to the beautiful campus and its many wonderful features, and they can't stop talking about it! In addition, the proceeds from the event will for yet another year, successfully fund LQAF's education programs and scholarships in our local elementary, high schools and colleges. The City of La Quinta grasped long ago the concept of integrated communities where recreation and cultural opportunities are a significant dynamic that entices people to choose where and how they want to live — a lifestyle. It has been said that La Quinta Arts Festival is the cultural gem in La Quinta's crown, growing up and maturing right along with the City. As the City plans for its future growth, so too is La Quinta Arts Foundation. The purpose of this letter is to first thank and acknowledge all City staff and Council Members who supported and assisted with La Quinta Arts Festival 2005. It truly takes the receptiveness and cooperation of hundreds of people in the community to accomplish a well -run event of this magnitude. We sincerely appreciate the cooperation afforded LQAF through the process. Next, we would like to open a dialogue to explore the possibility of a multi -year agreement to hold the annual La Quinta Arts Festival at the Civic Center Campus along with the City of La Quinta as the Premier Sponsor of the event to include the annual Contract Services Agreement We know the Civic Center Campus, while beautiful, has inherent challenges such as parking and deterioration of the space for City Hall expansion_ However, we believe that if we begin discussions now those challenges can be remedied. In addition, we are underway planning the Foundation's overall activities for FY 05-06. Desert Plein Air and Art Under the Umbrellas programs are be. ing rpviipWed. it maybe appropriate to include these activities in our discussions as well.' POST OFFICE BOX 777 A LA QUINTA, CA 92247 A 760 564 1244 A FAX 760 564 68842 — LLf —VVJ VJ. iV 1 VVJV"TVVVT L_P"1 IXIJ1II I" "IN I.J I UI-A 111 f HtaG ULI UL Mr. Thomas P_ Genovese City of La Quinta April 18, 2005 Page Two Finally, while we are considering our short tern needs and plans for the next three to five years, we also are looking beyond that scope to begin formulation of long range plans for the Foundation. SilverRock Resort has been mentioned as a possible permanent location for La Quinta Arts Festival and perhaps a La Quinta Arts Foundation program and administrative center. As the next phase of planning and development begins for SilverRock Resort's build out, we request to be included in the process. May we set up an appointment at your earliest convenience to begin our discussions? Sincerely, Christi Salamone Executive Director Cc: LOAF Board of Directors Mark Weiss, Assistant Ctiy Manager Dodie Horvitz, Community Services Director Honorable Mayor Adolph and City Council Members WRITTEN CORRESPONDENCE ITEM: SilverRock Jim Murray Alumni Challenge Golf Invitational December 11-13, 2005 La Quinta, CA Marketing Partnership Proposal For the City of La Quinta & SilverRock Resort e In do Go 31M .urea mcmorwt foundation The 7' Annual SilverRock Jim Murray Alumni Challenge Golf Invitational in tl M Played at SilverRock Resort for the benefit of The Jim Murray Memorial Foundation, The International Golf Museum and Junior Golf in the Coachella Valley THE INTERNATIONAL GOLF. MUSEUM The 7t' Annual Jim Murray Alumni Challenge Golf Invitational is an PO,BOX t m opportunity for the City of La Quinta to host prominent alumni from major tz Qom. CA 9is3 colleges and universities across the nation in a televised, three-day golf experience scheduled for December 11-12-13, 2005 in La Quinta, t P134 California, known as the "The Golf Capital of the World." After six years in the Los Angeles area, the Jim Murray Memorial Foundation's (JMMF) annual golf classic is moving to La Quints and will partner with the International Golf Museum Foundation (IGM) for the J44!10*-.:7destablishment of a permanent facility in the Coachella Valley to pay homage to the game of golf. The golf museum will include a Jim Murray Golf Writers' soa.+�o+ro• Wing. The junior golf educational programs supported by IGM also will benefit from the Alumni Challenge. Three days of relaxing golf and social events, television coverage, a clinic T hosted by a prominent PGA Tour player, five-star accommodations, entertainment and two full days of competition is an opportunity to showcase the SilverRock Resort as a top destination for golfers of all abilities and to RWrP promote the golf course and surrounding community as a place to have fun and relax. This is also an opportunity for the City to promote the playing of " tournament and special events at SilverRock, and to host potential M corporate partners. The ability to mix with and establish on -going business relationships with notable alumni from colleges and universities throughout the nation, in addition to promoting civic identification through '-r correspondence with thousands of potential invitees to this event create a unique opportunity to promote the city's new resort. Arnold Palmer, unquestionably the "king" of golf, once again will serve as honorary chairman for the event. The JMMF provides seven $5,000 scholarships annually to journalism students at the top journalism schools across the country. The winning team of the Alumni Challenge will also have the honor of having a $5,000 donation made to a university of its choice, in its name, while the top three finishers will all win awards. The Alumni Challenge will consist of 36 four -person teams representing colleges and universities from across America competing over 36 holes in a best -ball format using current handicaps. A perpetual trophy signifying the winning team will be awarded, as well as individual player trophies. 2 The Title Sponsorship • Identification as the "Title Sponsor" with logo in all advertising, media correspondence and published materials. • Title sponsorship of a Fox Sports Net one -hour special on the tournament that will be aired at least twice regionally in Southern California in January. This includes six (6) 30-second ad spots, opening and closing billboards, numerous mentions on the telecast in addition to features and interviews about the city and SilverRock Resort. Fourteenth Colony Productions has contracted to produce and distribute the television special. • Features on the Tee -it -Up Radio Network that broadcasts to more than 25 major markets throughout the nation. • Sports celebrity participation. • On -site exposure and signage at the host hotel and along the golf course. • Logo and corporate identification on official tournament gift bags and apparel. • Ability to display and/or distribute products and services. • Four golf foursomes (16 playing spots) in the event. • Sixteen two -night stays (36 room nights) at the host hotel - The La Quinta Resort and Spa - one of the preeminent resorts in the desert. • Local print, television and radio media coverage. • Full -page ad in souvenir journal. • Logo and corporate identification on the perpetual trophy and all awards. • Logo, corporate message on all correspondence to potential alumni invitees from across the country, compiled from college alumni associations. SilverRock's name and logo name would appear on virtually everything associated with the event. Title Sponsor Investment: $200.000 About the Jim Murray Memorial Foundation The Jim Murray Memorial Foundation, a private California nonprofit 501(c) (3) Corporation, was established in 1999 by Linda McCoy -Murray to perpetuate her late husband's memory, Pulitzer Prize-winning sports columnist Jim Murray, and his love and dedication to his extraordinary career in journalism. The Foundation's goal is to raise funds throughout the year to provide scholarships for print journalism students. Seven $5,000 scholarships are given annually, with one earmarked for Jim's alma mater Trinity College (Hartford, Conn.) and one for Columbia University, in honor of his 1990 Pulitzer Prize. Other universities who participate in the JMMF annual essay competition are: Arizona State University, Ball State University, California State University -Northridge, Indiana University, Loyola University -New Orleans, Northwestern University, Ohio University Athens, St. Bonaventure University, Syracuse University, UCLA, University of Florida, University of Iowa, University of Kansas, University of Maryland, University of Minnesota, University of Missouri, University of Montana, University of North Carolina, University of Pennsylvania, USC, University of Texas, University of Wisconsin and Wake Forest University. 4u 3 About the International Golf Museum Foundation The International Golf Museum Foundation was established in 2000 as a private California nonprofit 501(c) (3) Corporation established to build and operate the International Golf Museum. The Museum will be a true tourist attraction featuring the most modem of technologies and a true interactive experience to educate about the game's past, present and future, and to foster research into various aspects of the sport. As part of the Foundation's mission to promote and provide education in the sport of golf are initiatives such as the Mobile GoIfTM and Coachella Valley Junior Golf Academy programs currently being run by the Junior Golf Foundation of the Desert. Major Benefits Of This Title Sponsorship Include: • Local, regional and national media exposure and promotional value. • Name recognition in the tournament title --which will be the subject of media features and reports throughout the region and in alumni publications and mailers. • SilverRock name and logo can be incorporated into the tournament name. • An opportunity to target market SilverRock to the Southern California region as a top golf destination. • Regional television exposure as the title sponsor, including numerous billboards, drop -ins and advertising spots. • Outstanding community relations tool to promote the new SilverRock Resort and bring a televised tournament to the course. • Relationship building tools for corporate and client hospitality. • Features and promo spots on the Tee -It -Up Radio program that is broadcast nationally The title sponsorship commitment is renewable. The cost is $200,000 each year for the event. If the event is picked up on a national basis after the first year, a premium for additional distribution may be charged. Television Advertising • Regional coverage as the title sponsor on Fox Sports Net • Six (6) 30-second commercial spots • Four (4) fly -by graphics • Numerous mentions and promotions • On -air features Awareness/Viewership • Over 5.5 million households— Southern California —including Los Angeles, Orange County, San Diego, Santa Barbara —plus Las Vegas and Hawaii. Coverage will be national and international on satellite television. Local and regional news coverage • Charity, non-profit involvement • Promotion with top college and university alumni associations and graduates • Media recognition as a supporter of scholarships and education Sponsorship Objectives • Increased name awareness for SilverRock Resort • On -site marketing for SilverRock Resort • Solidify the market position for SilverRock Resort in the Coachella Valley and in the region • Alignment with a televised golf event and recognition as a top site for golf tournaments • Reach desirable, upper income audience with high level of discretionary income • Provide hospitality for current and potential business development clients • Increased awareness by some of the top sports media in the nation who have supported the Jim Murray Memorial Foundation Sponsor Participation • On -site marketing opportunity with displays for SilverRock Resort • Direct mail opportunity —golf promotion for SilverRock Resort • TV promotional opportunity • Corporate hospitality • Pre -event functions & activities Tee It Up Radio now heard throughout the United States and Canada has been on Los Angeles radio for over 8 years now ... heard LIVE on Sunday mornings (6-8am) on the flagship station, ESPN Radio AM 710; radio home to the Anaheim Angels & Los Angeles Kings. A sampling of the current markets where the show is heard: ESPN Radio AM 710 - Southern California WTKI ESPN AM1450- Huntsville, AL KXTK ESPN 1280 - San Luis Obispo, CA KATA 1340 - Eureka, CA KQBZ 100.7 FM - Seattle, WA KWAI 1080 - Honolulu, HI KDEF 1150 - Albuquerque, NM KIST 1340- Santa Barbara, CA KQDS 1490 - Duluth, MN WKRS 1220 -Waukegan, IL WRSW 1480 - Warsaw, IN WEEB 990 - Pinehurst, NC - 2005 U.S. Open WGNC 1450 - Gastonia/CherMille, NC WDCF 1350 Tampa Bay, FL / St. Petersburg, FL CKST 1040 - Vancouver, Canada CFRN 1260 - Edmonton, Canada WBHR 660 SPORTS - St. Cloud, MN WWTM Sports 1400 - Decatur, AL The projected number of affiliates is scheduled to reach a minimum 200 radio stations throughout the United States & Canada by the end of 2005. 10 UNIVERSAL CITY PLAZA, 20-r" FLOOR • UNIVERSAL CITY, CA • 91608 PHONE: 818/753-2354 • FAX: 818/753-2355 `� 0 7 WWW.TEEITUPSI10W.COM ey4lGf�dB�G/d V(�4fZZ� �`J-lG4�a8tGa� Fourteenth Colony Productions, LLC, is a diverse entertainment company and a leading independent producer of a wide range of radio and television programming for broadcast networks, cable networks, distributors and advertisers, as well as a leader of communications experiences from live events and meetings to integrated marketing programs for major corporations. Fourteenth Colony has created and produced many hours of entertainment programming — from radio and television shows to TV commercials and Infomercials to Sales Training Videos. Fourteenth Colony provides media buys on all nationwide cable networks as well as hundreds of TV stations throughout the country. Fourteenth Colony Productions is a full service production and marketing company under the direction of Adam J. Gottfried, President and Founder. Alan Gottfried, father of Adam and CEO, complete the executive management of the company. Fourteenth Colony currently owns and produces T_ Southern California's exclusive HIT "liven golf radio show and soon TV show among nine other radio programs heard in the southland. Fourteenth Colony Productions also produces the Mark and Brian Celebrity Goff Tournament every year which can be seen on FOX Sports Net. 4 Sepa�rw COUNCIL/RDA MEETING DATE: MAY 3, 2005 ITEM TITLE: Demand Register Dated May 3, 2005 RECOMMENDATION: Approve Demand Register Dated May 3, 2005 BACKGROUND: Prepaid Warrants: 63340 - 633821 57,953.42 63383 - 633991 73,534.49 63400 - 634091 316,348.82 Voids} (6,461.02) Wire Transfers} 227,266.35 P/R 32717 - 327341 134,797.17 P/R Tax Transfers } 34,231.76 Payable Warrants: 63410 - 635691 45872,059.47 FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA Falconer, l �nanh Director $5,709,730.46 $25789,366.90 $2,920,363.56 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 4/13/05 - 4/27/05 4/18/05 WIRE TRANSFER - LANDMARK GOLF 4/22/05 WIRE TRANSFER - PERS 4/22/05 WIRE TRANSFER - ICMA $205,302.63 $13,453.05 8 510.67 TOTAL WIRE TRANSFERS OUT $227,266.35 Ir- O to I I a- 00 1 1 CT •0 NO O O ti Na to rn 00 \ I Y J I O 0% N %O O N CO 0. 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OY 1 ZQ I -i Z L] U O O J N LA LL z I W Z I Q N in F- Z z N W •• N Q 1> I z w W W I]C 0 m 3 O J m I 1 O O Z S U F- W Q z C7 a- Q 1 1 ► t 1--W Q I Z z O O Q Y Y Q U O I I 1- W J m LL N -i J J w OC w N 0 1 1 a ►-t 0 - LL a Q Q Q Q a Q u, to % gx I I z z z O 0 CL CL a a CL CL 9L a O Q Q I I O I- LL I I N J Z 1 1 0% to O 0o r- %0 ti O, N M N -4 O \�O N N I tat I 00 %0 NO r- O% 0 r- r- 00 10 r- N J 1 O 1 O, 0 00 %0 r- 00 ti Ln O% to 00 N M a -J 1 0 0 1 r- r• r- e- \z W I z Z I NtC9Q3 1 W I O J 1 > I •• 1 I LL�J z U- O 1 1 to %0 ti 0o O% O r- N M to NO P- OC Q O O I 1 O O O O 0 e- r- T- r- r- T- r- Q 1 Y I to to to to to to to to to to to to to 9L0>Y I U I M M M M M M M M M M M M M W 0 H Z 1 W 0 1 NO %0 %0 %0 %0 %Q %0 %0 NO %0 %O NO x w N a I x Z I 1 CLn.0m 1 U 1 r i+ L 4' 014 O to I I e- 00 1 1 O O O O N 0*4 NO O 0p O NO \ I Y J 1 O In N O to 0. 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JA ,MATMw� ti G� OF I19 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Dowanne Valdez. Date of Loss: January 12, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 0 Deny the Claim for Damages filed by Dowanne Valdez, with a reported date of loss of January 12, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $ 805.60 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Dowanne Valdez with a reported date of loss of January 12, 2005 (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: 1. Deny the Claim for Damages filed by Dowanne Valdez with a reported date of loss of January 12, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, I, La. -.- - Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Dowanne Valdez, Claim for Damages 2 ATTACHMENT 1 FILE WITH: CITY CLERK'S OFFICE City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS . 1. Claims for death, injury loperson or to personal property must be filed not later than six months after fie occurrence. (Gov. Code § 9112.) 2. Claims for damages to teal property must be filed not later than 1 year after the occurrence. (Goy. Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim fwm must be signed on page 2 at bottom. 6. Attach separate sheets, 9necessary, to give full details. SIGN EACH SHEET. RESERVE FOR HUNG STAMP CLAIM NO. TO: [Name of City] ('� , n Date of Berth of Claimant Name of Claimant Occupabon of Claimant -Do0a�nn E, aidez HorqeAddress of Claimant and . State Home Tephone of Claimant � Business Address of Claimant City and Stale Telephone of Claimant ID Give address and ietephonenumber b which you desire no6oes or communiw6ons b be sent regarding darn: A v'1 ivZ� nil pan 120elr RA 5-18 -51cri When did DAMAGE or INJURY.occut? Date. — I ��f�'S' Time: 5,30 .If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Claimant`s SdM Seaxity No.: Names of any city employees involved in INJURY or DAMAGE: _Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet Where a te, give street names and address and measurements from landmarks: T—'fuQYlerA U11Zrt"Onta j .c 0.1 f wCOh 6L416C h,*-50n427f" " IA_ ,eon Describe in defad how lhe DAMAGE or INJURY occurred. 14)b✓{cc�auft-/-b Lo Zk_ Was �, b1aeK- w vw �A. ia�, OF cncas�� 0., u.MjA., d.cr e4.2.:T —tad Atca r . wny do you cam the aye responsible? 3 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .$ Expenses for medial and hospital care ..... $ Future loss of eamings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by ff so, what Were paramedics or ambulance called? If so, name city or ambulance F injured, stage date, time, name and address of doctor of your initial visit WI Ato AGE or ;W�URY. List all persons and a resses of persons to have information: Na Address Phone T .Name Address phone �1547 1i4 Name Address pie DOCTOR AND HOS S: Hospital Address Phone Doctor Address — Phone s; . :Doctor Address Phone READ CAREFULLY Ford acdderd darns place on Mowing diag ram name of streets, including North, ' accident by'A-1"and location of yourself or your vehicle at the ime of the accident East,. South, And West; indicate place of accident by W and by showing house by 1-1" and the point of impact by W nu nbers or distances to street comers. If City Vehicle was involved, designate by k4er IN location of City Vehicle when you first sari ti, and by B" location of yourself NOTE: y dagrancs below do not it the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by daimanL CURB rAA Signature of Claimant or to Claimant: on NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. 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"."', , � � � � ! - _ 4� r�__ " �� , , . _ , , � � ,� � , Ty4p% i S,�ie � ' � - .1 ilW �, !�_,, � ", 1: i ?, , - � � I : I t - , " .111", :'IV ,I* A� f i, �_,_ , ... , . � , I ,U� "r,:, i, I - _1 , 44�: I,' � �Pi �, � . 1'41��Iz 11'11�t � ., .11 � -, e9"11(M) ZW tss (80) MEMOS 3ALLVNU311V � -. i&p_Upw �.Ito- 'st�o ftwu `�p!Ua� �l a pww ' � its KM ua .. .. '-� ��.�-.1�•��4�� IYt iWrua^` rR-a � - C �. J •? fi '9 J r� ,�` `cc i' ... 3'/ a `�F `� �.t°fie a �' � r w3"�m-n'.&••58'3 .+� 'Sd wD ` .fr6 £ i • e �Y y:. '$r `a: �� 3s" :, G z ,� .R,r6•S. '� v{:w' . _ i' N+..} �r ,iyh Y ✓. C9 ,�`� iF' • • .. P.:� �3 4.y Y ^ T I', IL LLLLYY �- 1— w—j 3- • 2 • Cb a. w wUww w w� r. _zw,gm> gW� v Q.� �. ' Wn✓ .(n to —.. F-'w- :- low • ' I g i o Ale 'r 4B '�t� ``yam s • i' P4 1 �1 7 ..� ►r, �� _�'1 ��gill s '' r� ist qwa, a_ LU z O J CC W ta► �. F" m • Cn LIJ Q O O o Qwrvm it • w 0 Z LV w iro Uw 04/25/2005 09:29 FAX 714 740 7992 CARL WARREN CO. Q008 f Q14/016 43/25/2005 FRI 1 6; 43 FAX 760,777 7101 City Xanager. La Quinta + 10 m 17. w y i / A �!i�1'' `��{rf!L �?��i /.�v Y�'14,i\ y•� i.i I � ,r `` L �� LN�.� �Ar�s•+4t �ti, � i ,y >;�i.� ! r M;4r.� tir, ��+i'w -ti� �l•.��:.�r.�'^ � � 'S'' 1 nr G1 r ti� � r .._,. ,'y.. ... i, s+� 11ti`n �,1..1,,.� �t I�y�, e ' 1 ,•'(y _ ��,,,,t�. >1t• !. `+y^ 4 v`y ! t /. ✓ r! 1 c � t! �: I' � � ' ,3 .I:.Yf{ , �trM 1, I � r 4 � � '�� y L ,. � 't f ! .r1, � r'• �'.K � • ±1`'� t `-,r4 _re' Il'1 , ,J1' ,✓ r LM11 '�.V , a, .04 ti ek yam• ��, ��: r7�' ti OF T9 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Virginia Tabor. Date of Loss: February 15, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: kn1i Deny the Claim for Damages filed by Virginia Tabor, with a reported date of loss of February 15, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $100.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Virginia Tabor with a reported date of loss of February 15, 2005 (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: ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 La Quinta, CA 92253 INSTRUCTIONS . 1. Claims for death, injury to person or io personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to reap property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, I necessary, to give full details. SIGP EACH SHEET. TO: [Name of City] G 17;Y d P Name of Claimant Home Add ess of Claimant 5d&3o. .Avea 6,1A Business Address of Claimant A. r City and State 7`A, r*- a - 4, � a S' City and RESERVE" FOR FILING STAMP CLAIM NO. iV P 76 2035 PAR 14 P1112: 2 ; )TA rw) CAE Date of Birth of Claimant Occup9p,on of Claimant Home Telephone of-Clairrrant< i60 - 6_4 Y- �r) yo 7- Telephone of Claim Give address and telephone number tD which you desire notices or communications to be sent Ctaananfs Social Security No.: regarding claim: ,C-6'r - ? yo 3 O ^. I61Vl-►07G o,► When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: .Date: - - Time: kkoof If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: 6,v% frvv- -t i n s z 0 rim r 40 vr"o t -%, ham- Describe in detail how the DAMAGE or INJURY occurred. z4iv �i a, S'�o�+ a �� 4A-Cw -- -77..v„ oov- a..l ;t - or. fAA, v5 Why do you claim the city is responsible? -J�ta"/Z44*i. ` M" cc� Describe in detail each INJURY or DAMAGE a4l Izea 444-el P.- �i 4,00� SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE J The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exacl): Estimated prospective damages as far as known: 06 Damage to property ..................... $ Future expenses for medical and hospital pre .$ Expenses for medial and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages ....... ..$ General damages ....................... $ Total estimated prospective damages .......$ — Total damages incurred to date .......... $ �— Total amount claimed as of date of presentation of this claim: Was damage and/or injury investigated by police? Ml�_ If so, what city? Were paramedics or ambulance called? A_ If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or INJURY. List all persons and addresses of persons known to -have information: Name XP f'-P- Ve d- Address Phone 7e* 'YWAr5 Name Address Y?/�atliLS�f.Fl o Name Address � G.� `�- ,c_�c, Phone 2k SAY Vgg D �• •- . • - l.r• Address phone Address pie — Address phi READ CAREFULLY For all acddentdams place on following diagram name of streets, including North, accident by "A 1• and location of yourself or your vehicle at lhe ime of the accident East, South, And West; indicate place of accident by X and by showing house by B-1- and the point of impact by %* numbers or distances to street corners. lf City Vehicle was involved, designate by letter "A' location of City Velude when you first saw it, and by B" location of yourself NOTE: I diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant CURB SIDEWALK �0 vv' 4 a CURB —3, WA SIDEWALK x� n Signature of Claimant or person fling on his bohalf.giving relationship, Typed to ClaimantName: Date: • �i r91 , .� Ann tCliO r NOTE.WAAIMS MUST BE FILED WITH .CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 14AN01 Gq-i w 0.s+( S W 015 R c ",v- �. P 2 u� (-76c 36d-zo) 4 (� CUSTOMER'S ORDER NO. DAT� j �-t / Oy- NAV11(Z.-0 t Al I a- A -,A/ Al T�}.8v Q. Ago 3 0 v-t /�iiAPWP'�Cl/ STATE,SOSY CASH C.Q.D. CHAE ON AC QUAN. DESCRIPTION AMOUNT K /V-b f 761 3 4 L 5 6 WPS5 w 7 6 9 10 11 0 12 RECEIVED BY KEEP THIS SLIP FUH HtrtHtrvcc s .••- 3705 82 0 1. Deny the Claim for Damages filed by Virginia Tabor with a reported date of loss of February 15, 2005; 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: Thomas P. Genovese, City Manager Attachment: 1 . Virginia Tabor, Claim for Damages 2 T----d4t 4 stP COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Authorization for Overnight Travel for the Information Systems Analyst to Attend the Mastering Internet and Local Area Network (LAN) Security Seminar June 28 - 29, 2005 in Ventura, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Information Systems Analyst to attend the Mastering Internet and LAN Security Seminar June 28 - 29, 2005 in Ventura, California. FISCAL IMPLICATIONS: The seminar will be held June 28 - 29, 2005 in Ventura, California. Account No. 501- 0000-51 1.51-01, Travel and Training contains $1,295 for staff to attend this seminar. CHARTER CITY IMPLICATIONS: 0Cin BACKGROUND AND OVERVIEW: The seminar focuses on providing a high-level of protection for our internet-connected system and data. In addition, the seminar also includes web server security configuration, the use of firewalls, and proxy servers to allow internet access and provide network protection (Attachment 1). Registration $895 Hotel 250 Meals 150 Total $1,295 *Note: Will use City vehicle for transportation to conference location. 84 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Information Systems Analyst to attend the Mastering Internet and LAN Security Seminar June 28 - 29, 2005 in Ventura, California; or 2. Do not approve authorization for overnight travel for the Information Systems Analyst to attend the Mastering Internet and LAN Security Seminar June 28 - 29, 2005 in Ventura, California; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falc ner, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Seminar Information 2 SkillPath Seminars - Seminar Registration Page 1 of 1 Provide high-level protection for your Internet - connected systems and data Mastering Internet and LAN Securi ................................................................................. June 28-29, 2005 8:00 AM - 5:00 PM Holiday Inn Beach Resort 450 E. Harbor Blvd. Ventura, CA 93001 United States $895.00 per person $795.00 each for three or more. Terms and Conditions: Cancellations received up to five business days before the seminar are refundable, minus a registration service charge, which you may apply toward any future seminar. After that, cancellations are subject to the entire seminar fee, which you may also apply toward a future seminar. Please note that if you don't cancel and don't attend, you are still responsible for payment. Substitutions may be made at any time. How many will be attending? If you have received a brochure, please fill in the spaces below with the information on your mailing label *VIP number:- T - 1 *Preferred customer number: t *Not Required Continue Registration 3 https://www.skillpath.com/secure/reg.html?SN=US170864 4/22/2005 S,killPath Seminars - Browse Catalog Page 1 of 4 Provide high-level protection for your Internet - connected systems and data • Return to listing • E-mail this page Masterina Internet and LAN Securi WORKSHOP AGENDA Day one: 8:00 a.m. — 5:00 p.m. The secrets to securely configuring your operating system In this session, you'll learn about the procedures that are critical to securing your system and get into the specifics of operating system configurations that provide solid defenses against intruders and attacks. You'll learn step-by- step security procedures for configuring both Windows NT@ and UNIX®/Linux@-based operating systems and find out how vulnerable default OS installation can be specially when your systems aren't physically secure. You'll also learn the pre- and post -installation steps that must be taken to create a secure foundation for all your systems. You'll also discover ... e The major security risks of popular server operating systems such as Windows NT ... and how to minimize them • How to ensure security for users who define their own passwords, by setting up seven important password guidelines s The 14 critical configuration problems with UNIX systems and how to overcome them e How to correctly configure and analyze the information contained in your security log, so you don't miss a red flag Web server software configuration —what you must know Default Web server software installations are virtually open doors to hackers and crackers —especially in the area of authentication. In this session, you'll start off with a look at how users are authenticated on the most popular Web server software packages, and we'll show you how to correctly configure authentication on each one. You'll also find out how to configure access control based on IP address, host name, user name and password. Plus you'll learn about ... s A step-by-step checklist to verify the configuration and security of your Web server software s Hidden security flaws in Microsoft@ Internet Information Server and Apache® Web Server ... and the most effective methods to patch them r How to correctly configure Web server logs to save space and still get the information you need to monitor your Web site s Important guidelines for safe and secure Web programming e How to safely set up remote authoring and administration of your site Client -side security —protecting against browser attacks Since many remote attacks are also directed at client browsers, it's equally important to provide effective browser security. Unprotected browsers are a target for malicious Web site programs that can wreak havoc on individual PCs and then infiltrate other computers connected to the same network. And because it's seldom detected until weeks after the initial attack, this type of "hidden" intrusion can be quite dangerous. This session will show you how to prevent remote attacks on your local system and network computers through proper configuration of Internet browsers. Once your browsers are protected, you can have peace of mind, knowing that your organization is safely using the Internet. You'll learn ... s How to protect against data extraction by remote Web sites e How scripting languages such as JavaScriptTM and ActiveX@ can be used to crash your computer —and the options you have to prevent this from happening s How to disable cookies if you're concerned about security breaches • How to fix the latest security gaps found in Internet Explorer and Netscape@ browsers What to look for when initiating a secure Internet transaction, to make sure Search for the current California .............................................. Ontario (please select b. Radius 151 Click a loco 06/28105 Ven $89! $791 9if- 4 http://www. compumaster.net/SemMDetail.html? ST=CMWB SEC2&F S=&ZC=91764&m=... 3/29/2005 SkillPath Seminars - Browse Catalog Page 2 of 4 that confidentiality is maintained Protecting your organization and your customers with cryptography Anyone taking payments for goods or services over the Internet has the need for an extremely high level of security ... and so do sites with content that's restricted to a certain type or level of user, like confidential price listings. This session will show you how to achieve the security that's needed while allowing access to qualified remote users or customers. You'll find out what it takes to enable Secure Sockets Layer (SSL) on your Web server and discover why you need to rely on a third -party Certification Authority (CA) to make it work. You'll also learn ... • The three different certificate configuration settings for Microsoft® Internet Information Server and how each may affect your remote clients • What a key pair is and how it is used to secure your site and protect your customers • The difference between Public Key and Private Key systems, and the features of asymmetric and symmetric encryption • How to enable encryption at the application level using SHTTP • How to incorporate a free encryption program known as PGP—Pretty Good Privacy Firewalls—do you really need one? When are firewalls absolutely essential and when are they merely a waste of resources? This session will clear up any misconceptions about firewalls, and you'll discover if your Internet- or WAN -connected networks actually need a firewall—or if you can provide as much or more security by using other methods. You'll learn how firewalls protect Intemet-connected networks and how easily they can be defeated if not properly configured. You'll also find out ... • What type of firewall software is available and which packages offer the best protection • How to configure security on a router without using expensive firewall software • The types of attacks that firewalls offer little or no protection against • How to determine the best location of a network firewall, to ensure maximum protection while still providing a high level of access to your remote users and customers • Why firewall logs may not be the best place to look for signs of possible intruders Day two: 8:00 a.m. — 5:00 P.M. Using a proxy server to allow Internet access and provide network protection More and more companies are providing access to the Internet for their employees ... while this can be very beneficial, it can also increase security risks. This session will show you how to allow Internet access and protect your network from attack by properly installing and configuring a proxy server. You'll learn how some of the major proxy server software packages function, and you'll install and configure Microsoft Internet Security and Acceleration (ISA) Server. You'll also discover ... • How to control access to Internet sites, using a proxy server • The right way to configure logging services to allow proper monitoring of your proxy server • How to configure your proxy server to block ports and functions so it will act as a firewall—and virtually eliminate the risk of exposing your systems and information to the Internet • What limitations you can expect for your internal network users connecting to the Internet through • Where to find the bugs in some of the most popular proxy software packages —and how to fix them before they cause you problems How hackers break into LAN -connected systems —and how you can keep them out The only way to truly build up the defenses of your systems is to anticipate how hackers will most likely attempt to break in. In this session, you'll learn about the most common methods and tools hackers use ... and you'll get hands-on experience using them to break into a Web server in the classroom. You'll then learn the best methods to protect against this type of 5 http://www.compumaster.net/SemMDetail.html?ST=CMWB SEC2&FS=&ZC=91764&m=... 3/29/2005 SkillPath Seminars - Browse Catalog Page 3 of 4 attack and configure your lab Web server to block an intruder. And, to make sure, you'll then test your configurations by attempting to break into each system in the lab. You'll also learn ... • The utilities used to attempt break-ins on UNIX®, Linux® and Windows NTO Web servers • How intruders can use the NetBIOS Auditing Tool to uncover commonly used passwords • How port scanners can be used to identify open TCP and UDP ports on your system —and how that information can be used to develop an attack • How sniffers can intercept unencrypted data and even extract passwords which can allow hackers free access to your systems • The use of utilities such as LOphtCrack, Crack and NTcrack by hackers to run dictionary or brute force attacks against your servers Building the best intruder detection system You may think you've covered all the bases and have a really secure system, but can you tell if someone has hacked into your system? This session will show you how to build an effective intruder detection system, so you can feel confident that no one's slipping into your systems without being noticed. You'll find out the best ways to detect intruders and learn about the immediate steps you must take if you verify that an intruder has been present —actions that will minimize your systems' potential for harm. We'll also show you ... • Six methods that intruders use to obtain passwords and how to detect and protect against each one • The five most common types of reconnaissance scans that are used by intruders to hack into your systems • Four commonly used Denial of Service attacks and how to quickly detect them • Three techniques used by intruder detection systems to match signatures with incoming traffic in order to sound an alert to various types of attacks, including "Ping-O-Death," "WinNuke" and others • How you can automate your system to reconfigure the firewall, send e-mail to the administrator, save attack information or accomplish other protective tasks if an intruder is detected From the hacker files: Case studies that will help you build solid defenses This session explores several of the most famous computer security breaches to date. You'll get the technical details behind the actions of individuals who hacked, crashed, stole from and vandalized some high - profile computers for a variety of reasons. Not only are these accounts fascinating, but they're also great training ... you'll learn how to keep hackers who use the same deceptions and break-in techniques from damaging your site or accessing sensitive information. We'll also cover ... • How an individual launched a worm program that crashed more than 6,000 computer systems in only a few hours • The man who was accused of accessing the systems of Novell@, Motorola@, NEC and others by fraudulently obtaining user accounts • How a Chicago woman masterminded a scheme that involved hacking into a real estate company's voicemail system to steal more than $1.2 million in goods and services • The German hacker who attempted to steal software and government secrets and sell them to the Soviet KGB by using a supposedly defunct computer account at Lawrence Berkeley Laboratory in the U.S. • How a New Hampshire teenager broke into and defaced the DARE.org Web site along with two other high -profile sites Developing a security policy One of the keys to establishing true system security is documentation ... and this session will show you, in detail, how to develop an effective but simple security policy. You'll learn how to develop your own customized policy, and we'll identify the important details you need to address. You'll also find out how seemingly insignificant oversights can lead to large problems and learn why having a security policy makes your job much easier when it comes to dealing with new or existing systems and end users. We'll also discuss ... • The absolute musts for every security policy —and why they're so vital • How to complete a risk analysis —a key component of an effective security policy + . 6 http://www.compumaster.net/SemMDetail.html?ST=CMWB SEC2&FS=&ZC=91764&m=... 3/29/2005 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE• Authorization for Overnight Travel for the Community Development Director to Attend the California Redevelopment Association Redevelopment Institute 2005 to be held in Anaheim, California, May 16, 19 and 20, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: t CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Community Development Director to attend the California Redevelopment Association Redevelopment Institute 2005 to be held in Anaheim, California, May 16, 19 and 20, 2005. FISCAL IMPLICATIONS: The Fiscal Year 2004/2005 Budget allocated $15,000 for travel, training, and meetings for staff and Commissioners. Attendance at this conference is estimated to be $835 based on the following costs: Registration $ 735 Meals $ 100 TOTAL $ 835 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-6001-463-51-01) . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff to attend conferences. The 2005 Conference is a 5-day conference that focuses on the complexities of the housing provisions of California Redevelopment Law. Staff will only be attending three of the five days. Conference information is attached (Attachment 1). � '0 S:\CityMgr\STAFF REPORTS ONLY\C 7 Travel - RDA.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Development Director to Attend the California Redevelopment Association Redevelopment Institute 2005 to be held in Anaheim, California, May 16, 19 and 20, 2005; or 2. Do not approve authorization for overnight travel for the Community Development Director to Attend the California Redevelopment Association Redevelopment Institute 2005 to be held in Anaheim, California, May 161 19 and 20, 2005; or 2. Provide staff with alternative direction. Respectfully. submitted, 4�r 4E.� A Douglas R. Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference information S:\CityMgr\STAFF REPORTS ONLY\C 7 Travel - RDA.doc SCHEDULE COURSE DESCRIPTIONS REGISTRATION INFORMATION California Redevelopment Association N REDEVELOPMENT INSTITUTE o The Redevelopment Institute provides in-depth, hands-on technical and advanced training to meet your professional development needs.` REGISTER TODAY AT WWW.CAL,REDEVELOP.ORG Redevelopment. Building Better Communities. he Redevelopment Institute provides in-depth, hands-on technical and advanced training to meet your professional development needs as a. redevelopment practitioner. In. a one -stop location, during one week, you can participate in up to three different workshops of your choosing. These workshops are designed. for you to optimize your valuable training time and budget. The Red.eve.lopm.ent Institute will be conducted twice in 2005, once in northern. California and. once in. southern. California, so that it is more accessible to our membership. Monday Courses Fundamentals of Real Estate Development This course is intended for people who have entered the redevelopment field with background experience in government, not real estate development. This course will provide participants with a firm foundation in real estate terminology and definitions, an understanding of the development process, and the role of various participants in. development. This course will cover those key aspects of real. estate development that must be understood by redevelopment agency personnel who will be participating in public -private joint ventures as an agency representative. San Ramon Monday, .April 1.1. 9:00 a.m. — 5:00 p.m. ♦ James A. Rabe, Keyser Marston Associates, Inc. MCLE Credits: None Anaheim Monday, May 16 9:00 a.m. — 5:00 p.m. ♦ Jason Kamm, Metropolitan Development ♦ Rex Swanson, Metropolitan Development Effective Negotiating and Deal Making This course instructs participants in the process, tools, and art of understanding and negotiating agreements with a variety of individuals, companies, and interest groups to achieve the goals of the agency. The course addresses the conceptual framework of deal making and negotiating, illustrating circumstances requiring those approaches and how to define the public policy goals and objectives affecting the proposed transaction. The course addresses: how to establish a negotiating team. and who should be involved; how to establish the financial capabilities of the parties and their proposed relative contributions; and negotiating techniques that can successfully lead to mutually satisfactory agreements. San Ramon Monday, April 1.1. 9:00 a.m. — 5:00 p.m. Anaheim Monday, May 16 9:00 a.m. — 5:00 p.m. ♦ Royce K. Jones, Kane, Ballmer & Berkman ♦ Royce K. Jones, Kane, Ballmer & Berkman. ♦ Deborah. L. Rhoads, Kane, Ballmer & Berkman I ♦ Deborah L. Rhoads, Kane, Ballmer & Berkman MCLE Credits: None x www.calredevelop.org Thursday- Friday Courses Contirluedi Advanced Affordable Housing Development This course will provide advanced legal., technical, policy, and program development instruction to those who have completed the Basic Affordable Housing Development course. This course is designed for the housing professional who needs a thorough understanding of the complexities of the housing provisions of California Redevelopment Law, the impacts of the recently adopted AB 637 and. SB 701. and the prevailing wage requirements imposed by SB 975 and SB 752. In addition, the course will focus on constitutional and Fair Housing issues, restrictions on the use of housing set -aside funds, the construction and rehabilitation of both ownership and rental. housing, Article XXXIV issues, and agency reporting and monitoring requirements. The course will cover advanced housing pro forma analysis, including rules for analysis. Guidance will be provided on how to establish .housing program. policies and procedures, including financial policies and underwriting criteria, and how to structure and formalize housing development transactions. Advanced issues pertaining to compliance monitoring and project maintenance will also be covered. This year, instruction on preparation of the affordable housing portions of five-year implementation plans will be expanded. San Ramon Part One: Thursday, April 14 9:00 a.m.. - 5:00 p.m. Part Two: Friday, April 15 9:00 a.m. - 5:00 p.m. ♦ John. Hamilton, CSG Advisors ♦ M. David Kroot, Goldfarb & Lipman MCLE Credits: 6.00 Anaheim Part One: Thursday, May 19 9:00 a.m. - 5:00 p.m. Part Two: Friday, May 20 9:00 a.m.. - 5:00 p.m. ♦ Kathleen I *lead, Keyser Marston Associates, Inc. ♦ Barbara Leibold, Van. Blarcom, Leibold, McClendon & Mann, P.C. Effective Agency Administration This course will cover all the essential management practices, required reports, legal checklists, project budgeting and monitoring, financial controls, strategies and plans, and so forth that are necessary to effectively run an agency. This course will be helpful to those agency personnel whose jobs are involved in the administration and management of a. redevelopment agency. This year, preparation. of five-year implementation. plans will be expanded. San Ramon Part One: Thursday, April 1.4 9:00 a.m. - 5:00 p.m. Part Two: Friday, April 15 9:00 a.m. - 5:00 p.m. ♦ Donald J. Fraser, .Fraser & Associates ♦ Lynn Hutchins, Goldfarb & Lipman ♦ Donald Parker, Lance, Soll & Lunghard ♦ Karen Tiedemann, Goldfarb & Lipman MCLE Credits: 10.75 .Anaheim Part One: Thursday, May 19 9:00 a.m. - 5:00 p.m. Part Two: Friday, May 20 9:00 a.m. - 5:00 p.m. ♦ Diane Hadland, DHA. Consulting ♦ Lynn Hutchins, Goldfarb & Lipman ♦ Donald Parker, Lance, Soll & Lunghard ♦ Thomas IJ. Webber, Goldfarb & Lipman l:,t�s to h��f�l:ilt cii <ca�.r��t� dv'iilabk, toi- wl'i�,tr.16011s rcx'c,i+ c d with p,ryr wnt� at Ic&It 30 &w' prior to start of 1W titUtC. COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Adoption of a Resolution Approving a Street Closure Permit for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby to be Held on May 14, 2005 on Avenida Bermudas RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 14, 2005. FISCAL IMPLICATIONS: None for this item. Funds were included in the 2004-2005 Operating budget for this event. The amount of $2,800 was budgeted for the Soap Box Derby operating materials in Account No. 101-7003 431.56-52. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 8, 2005, representatives of the Don Berry Memorial Greater Coachella Valley Soap Box Derby applied for a temporary use permit to hold their annual event on Saturday, April 16, 2005, between the hours of 5:00 a.m. and 7:00 p.m. Due to scheduling conflicts, the applicant has changed the date of the event to May 14, 2005. The Community Development Department will issue Temporary Use Permit 2005-529 after they receive comments from potentially affected agencies. The proposed race route is identical to the route used in previous years, and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and closure of the side streets to the west that connect to Avenida Navarro, which include Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. 9J T:\PWDEPT\COUNCIL\2005\05-03-05\Soap Box.doc Temporary street closures are allowed if the City Council adopts a Street Closure Resolution pursuant to Municipal Code Section 12.32. If the Resolution is adopted, the Public Works Department will issue an Encroachment Permit pursuant to Municipal Code Section 12.16 that requires implementing traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site, are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Temporary Use Permit 2005-529. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community because specific conditions will be imposed as a part of Temporary Use Permit 2005-529. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 14, 2005; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on May 14, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, Jirnot�� R. Jo sson, P.E. Public Works rector/City Engineer Approved for submission by: r Thomas P. Genovese, City Manager ! 2 T.\PwnFPT\rnl1Nr11 \9nn5\O5-n�-n5\Snan Rnx.tinr. RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES, AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON MAY14, 2005, FROM 5:00 A.M. TO 7:00 P.M. FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Don Berry Memorial Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held May 14, 2005; and WHEREAS, the City Council on the 3rd day of May, 2005, reviewed and heard public testimony on this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 A.M. and 7:00 P.M.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1. The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of "no parking" signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Temporary Use Permit 2005-529. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not "at risk" while attending the special event. 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. .. 3 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro (Exhibit "A"), from 5:00 A.M. to 7:00 P.M. subject to conditions imposed by the Public Works and Community Development Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Don Berry Memorial Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Temporary Use Permit 2005-529 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24-hours prior to the event. The Riverside County Sheriff's Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Temporary Use Permit 2005-529 are met. Section 6. The Don Berry Memorial Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets. Section 7. A condition of Temporary Use Permit 2005-529 shall be to have Riverside County Sheriff's Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section 8. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met, and thus could jeopardize those persons attending the function; and Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. :3 3 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3rd day of May, 2005, 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 City of La Quinta, California EXHIBIT'A' DON BERRY MEMORIAL -7 GREATER COACHELLA VALLEY SOAPBOX DERBY I I .I F] CaUe No ales W ' CaUe Chihuahua t G v > ao Z.. • W • ,�� •� , P, • :; Z W Calle Monterey ell to :. '. • Cane Colima Cane Arroba - • Lj Cane Chillon__� COUNCILI"A MEETING DATE: May 3, 2005 ITEM TITLE: Approval of a Request for Proposal for Design/Build Services For Capital Improvement Projects #2003-02 and #2003-04, Addition to Boys and Girls Club and Sports Complex Improvements and Allocation of Quimby Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Request for Proposal (RFP) for Design/Build Services for Capital Improvement Projects #2003-02, Sports Complex Improvements and #2003-04, Addition to the Boys and Girls Club subject to modifications suggested by the City Attorney for the form of the proposed agreement and allocate up to $270,000 from the Quimby account to complete the projects. FISCAL IMPLICATIONS: In Fiscal Year 2002-03, the City allocated $95,000 from Project Area No. 1 to be used to improve the restroom facility at the Sports Complex and $355,000 to add a weight room with equipment and air conditioning to the Boys and Girls Club. Since that time, construction costs have risen and the existing budget is not adequate. In order to complete the projects, up to $270,000 of additional funds may be needed. The Quimby Fund account can be used for these projects. The Quimby funds requested will also be used to outfit the weight room with weight equipment and other necessary equipment. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved Capital Improvement Program (CIP) Project #2003-02, Sports Complex (Sports Complex) Improvements and #2003-04, Addition to the Boys and Girls Club (Boys and Girls Club) as part of the 2002-03 CIP. The total amount for design and construction as allocated in the CIP is $338,626. The budget for these projects was estimated during budget considerations for the 2002- 03 Fiscal Year. Since that time, construction costs have risen dramatically. In addition, the original Boys and Girls Club improvements included adding air conditioning units to the Club, which was originally estimated at $60,000 by a contractor contacted by the Boys and Girls Club. When the final design was considered, the cost of the air conditioning unit was estimated at $100,000. The City Council approved the expenditure up to $100,000 for the air conditioning unit at the Boys and Girls Club at the June 1, 2004 City Council meeting. The Boys and Girls Club is coordinating the project, with the City reimbursing them for expenses up to $100,000 for this project. With the subtraction of the $100,000 from the Boys and Girls Club and Sports Complex project budgets, there is $238,626 remaining to complete the two projects. The two projects are being considered as one project for economy of scale in design and construction. Project Description The Sports Complex Improvements are to include adding one stall to the boys and girls restrooms in the existing facilities as well as changing the doors from solid doors to wrought iron doors to provide ventilation to the restrooms. Changing the solid doors to wrought iron doors will not breech the privacy of those using the facility, but will provide ventilation. Currently, there is one stall each per gender. With approximately 1,000 children using the facility for baseball and soccer, one stall does not provide adequate service. The footprint of the existing facility does not allow for more than one additional stall to be added. The Boys and Girls Club addition would include an approximately 800 square foot weight room and small work space for staff. The addition of the weight room to the existing facility would allow the City to offer weight conditioning in addition to the open gym program held at the Boys and Girls Club in the evenings. The small work space would allow staff a desk in which to store sign -in sheets and materials needed for the open gym program as well as the weight room materials. At the June 1, 2004 City Council meeting, the City Council approved an amendment to the Lease Agreement with the Boys and Girls Club for the addition of the weight room and staff office. � .. 0 ( ) 2 n Design and Construction When the City Council approved the Lease Agreement amendment with the Boys and Girls Club, staff contacted three architects to get a quote as an average estimate for design and construction of the improvements to the Sports Complex and Boys and Girls Club. Two of the three architects stated that the scope of the projects to retrofit existing facilities would require a major portion of the budget for the design, leaving an insignificant amount for construction. Due to the limited budget for these projects, a Design/Build contract would alleviate the need to hire an architect to design the project then put the project out to bid, thus saving money and time to complete the project. The RFP for Design/Build services is provided as Attachment 1. A comparison of recent bids for other City construction projects would indicate the existing budget of $238,626 will be insufficient to complete the projects, therefore an allocation up to $270,000 from the Quimby Account is being requested. The requested funds will also be used to outfit the weight room with equipment such as stationary bicycles, elliptical trainers, universal weight machines, a computer and software to be used with the City's recreation registration software and other necessary equipment. Should the City Council approve the RFP, staff will advertise the RFP and conduct the consultant selection process per the City's approved consultant selection procedure. The City Attorney may wish to make certain modifications to the proposed agreement, which is attached to the RFP, in light of the fact that contract would cover construction in addition to professional services. Therefore, staff requests that the authorization include this latitude. The proposed contract would be presented to the City Council in its final form prior to the award of the contact. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Request for Proposal (RFP) for Design/Build Services for Capital Improvement Projects #2003-02, Sports Complex Improvements and #2003- 04, Addition to the Boys and Girls Club subject to modifications suggested by the City Attorney for the form of the proposed agreement and allocate up to $270,000 from the Quimby account to complete the projects; or 2. Do not approve a Request for Proposal (RFP) for Design/Build Services for Capital Improvement Projects #2003-02, Sports Complex Improvements and C& #2003-04, Addition to the Boys and Girls Club and do not allocate up to $270,000 from the Quimby account to complete the projects; or 3. Provide staff with alternative direction. R^ p rtfully supmitted, a-li Horvitz,'Community Services Director Approved for submission by: N 1'. L.- (-Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal for Design/Build Services /-, - 1 4 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE DESIGN/BUILD SERVICES FOR SPORTS COMPLEX IMPROVEMENTS, PROJECT NO. 2003-02 AND ADDITION TO THE BOYS AND GIRLS CLUB, PROEJCT NO. 2003-04 The City of La Quinta is requesting proposals from qualified firms and/or individuals to provide design/build services for the Sports Complex Improvements, Project No. 2003- 02 and Addition to the Boys and Girls Club, Project No. 2003-04. These projects will include the design, construction, construction management, materials and appurtenance during construction. Proposals will be received by the City of La Quinta Building and Safety Department located at 78-495 Calle Tampico, P.O. Box 1504, La Quinta California, 92247 until 10:00 a.m. Friday, June 10, 2005. Proposals will be addressed to the attention of Tom Hartung, Building and Safety Director. TYPICAL SERVICES: This project includes but is not limited to providing the design and construction of the Sports Complex improvements and the addition to the Boys and Girls Club located at 49-995 Park Avenue, La Quinta CA. This project shall be awarded as a "design/build" improvement. The successful bidder shall be responsible for all aspects of the project. Typical services to be provided include, but are not limited to: • Prepare plans and specifications for the Sports Complex improvements, including the addition of one toilet and lavatory to each of the restrooms; and Addition to the Boys and Girls Club including adding approximately 800 square feet adjacent to the existing gymnasium to be used as a weight room and office; • Perform appropriate engineering related field survey, and base map preparation; • Perform utility coordination and obtain clearances if necessary; • Perform coordination with local, regional, State and/or Federal agencies as necessary; • Obtain all required permits; Preparation and tracking of project schedules; Monitor and report on project status; budget vs. actual expenditures; contract time vs. actual time; As necessary, provide information to be included in staff reports for City Council and/or Planning Commission consideration; Attend all appropriate public meetings to discuss the project including but not limited to User Group Meetings, Community Services Commission, Planning Commission and/or City Council; • Provide all materials and labor for the construction of the sports complex improvements and addition to the Boys and Girls Club. INSURANCE: In accordance with Section 5 of the attached agreement, consultant shall procure and maintain, at its cost: 1. Personal and public liability and property damage insurance; 2. Automobile liability insurance of $1,000,000; 3. Workers' Compensation Insurance; and 4. Professional errors and omission's liability insurance. 5. Performance Bonds in the amount of 100% of the Bid amount. 6. Payment Bonds in the amount of 100% of the Bid amount. M)K)SAL- The City owns the Sports Complex restroom/snack bar building which has one toilet for each gender. There is a need to add another toilet and lavatory to each restroom. The existing facility will be modified to accommodate the additional toilet and lavatory. The Sports Complex Improvements will likely include but may not be limited to: • A new opening will be cut in the west wall of the existing masonry walls in the boys and girls restrooms and metal supports at the openings to maintain structural integrity to the existing masonry walls. • The concrete floor adjacent to the plumbing chase in the storage area will be cut with a tie into the existing sewer line added. • Export of soil is expected from the sewer tie-in area. • Two new masonry walls, fully grouted will be constructed for the back of the new toilet areas while maintaining and adding onto the existing plumbing chase (plumbing chase will be accessible). • The underground electrical that feeds the electrical panel will need to be relocated to the new outside wall of the new restroom area. • One new lavatory and one new toilet (ADA compliant) will be added to both the Boys and Girls restrooms. • Extend existing service and drain lines to new fixtures. • Relocate roof drains, water heater and mop sink. • Provide new light fixtures in restrooms. • New wrought iron doors and locks will be added at the existing entries to both restrooms. • Metal partitions will be used to provide privacy to the restroom stalls • The concrete floors will be patched as required and new precision type masonry blocks will be painted to match the existing facility. • Other than the exterior wrought doors, there should be no changes to the exterior of the building. The City has a lease agreement with the Boys and Girls Club which allows the City to add approximately 800 square feet to the existing building which will serve as a weight room and entry point to the gymnasium. The Addition to the Boys and Girls Club will likely include but may not be limited to: design and construction of approximately 800 square feet of building including: • Demo approximately two hundred seventy-nine square feet of the existing concrete walkway and the building concrete splash guard as required for the new pad for the weight room. • Relocating three existing palms close to their existing location. • The existing canopy will be shored, while approximately sixteen feet of the canopy will be removed in the area where the new weight room will be added. • Footings as structurally required will be installed to support the three sided masonry wall that will make up the new weight room. • The height of the masonry wall will match the height of the lowest point of the existing canopy. • At least one, but perhaps two existing columns will be removed that support the existing canopy to provide for the construction of the new masonry wall. If possible, utilize the existing steel support beams in the existing columns and add up to two more supports for the expansion of the canopy/roof system. • The masonry will be precision type block, with rebar and fully grouted as determined necessary by the structural engineer and match existing structure. • The masonry will be painted on the inside to match the interior gym theme (two colors) and the outside masonry wall will be colored plastered with two reveals to match the existing exterior walls. • A four inch concrete reinforced floor will be provided for the weight room, covered with industrial strength exterior type carpet. • Two rows of fluorescent lighting will hang from a wood framed, plywood covered roof system similar to the existing one. • Install one exterior door/frame from the weight room to the exterior of the building. • Install a roll -up type door between the weight room and the existing gym area. • A roof structure will be constructed to match the existing wood system and will be painted to match that of the existing structure. 17 r • The fire sprinkler system will be modified/extended to accommodate the new space and to meet code requirements. • Stand alone central heating and air conditioning unit. • A new metal roof system to match the existing will be constructed over the new room. • Approximately fifty feet of new cabinets and/or counter tops will be provided for storage as well as a check-in/check-out area. • Approximately one hundred square feet of storefront/clerestory type windows will be provided at the exterior of the new masonry walls. • The west wall of the weight room will have full length mirrors from baseboard to six foot height above baseboard. • All doors and windows will have a stand alone burglar alarm installed • The addition will need two telephone lines and cable television access. • This addition will be metered separately from the existing facility. Weight room equipment is not included as part of this project. These projects will meet current ADA requirements. Preliminary sketches are provided as reference only and are not to scale. Consultants are encouraged to keep the proposal brief and relevant to the specific services required. The City of La Quinta has $413,626 budgeted for this entire project, "turn key", including but not limited to: Design, plans, specifications, estimates, professional services, any and all meetings and full construction of all facilities including installation of furniture and fixtures. Prevailing wage provisions shall be applicable. Five copies of the proposal shall be submitted and include relevant Statement of Qualifications, Resume(s), and listing of projects with contact personnel that are relevant to this type of work. In a separate sealed envelope, consultants must submit a cost breakdown for each item and phase of the proposed work, using the attached cost breakdown sheet. Each representative of the consultant team must be listed along with each firm's name. SELECTION PROCESS: Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultant for contract negotiations based upon the experience, approach to the project, project schedule and qualifications. This project shall be complete and operational by February 1, 2006. The maximum amount allocated to this project is $413,626 for all work previously listed complete. No amendments or change orders to this contract are authorized. Firms will be ranked upon their written proposal, and verbal presentation to the Consultant Selection Committee. It is anticipated that interviews will be conducted during the week of June 20, 2005 with the contract award scheduled for the City Council meeting of July 5, 2005. The successful consultant will be expected to enter into the attached Professional Services Agreement. + i � COST BREAKDOWN SHEET ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE NO. 1 Design of Sports Complex 1 LS Improvements 2 Relocation of existing utilities in 1 LS Sports Complex storage area 3 Remodeling of existing Sports 2 LS Complex restrooms 4 Installation of new fixtures at 2 LS Sports Complex restrooms 5 Installation of new front doors at 2 LS Sports Complex restrooms 6 Design of Boys and Girls Club 1 LS Addition 7 Construction of building addition 8 Installation of HVAC 1 LS 9 Entrance to existing gymnasium 1 LS 10 Fixtures and furniture 1 LS TOTAL PROJECT COST (Items 1-10) Total Project Cost (Items 1-10) in words: JL kJ Fz- N O CD CD ITI O CD CD e-r F5 r i N 0 O a .f •4 1 .i _i Snack Bar Boys Bathroom Plumbing Girls Bathroom Chase City Storage Room Electrical Panel Hot Water Heater Roof Drains Mop Sink User Group Storage Existing Restrooms and Storage Areas Not to Scale V' 2 Snack Bar Boys Bathroom Girls Bathroom Plumbing New Boys Chase New Girls Stall Stall User Group Storage Remodeled Restrooms and Storage Area Not to Scale PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to, SPORTS COMPLEX IMPROVEMENTS, PROJECT NO. 2003-02 AND ADDITION TO THE BOYS AND GIRLS CLUB, PROEJCT NO. 2003-04 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "6" (the "Schedule of Compensation") in a total amount not to exceed $ (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Tom Hartung, or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4 L -j 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at -all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $ 50,000 $50,000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $ 500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such € i -,% fl `W I*.• A. rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attn: Tom Hartung Building and Safety Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247 To Consultant: Attn: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation THOMAS P. GENOVESE, City Manager ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney CONSULTANT Date "kbi V 4W Name: Title: Date: rs t'� ,,� Exhibit A Scope of Services The City of La Quinta is providing design/build services for the SPORTS COMPLEX IMPROVEMENTS, PROJECT NO. 2003-02 AND ADDITION TO THE BOYS AND GIRLS CLUB, PROEJCT NO. 2003-04. This will include the design, construction, construction management, materials and appurtenance and inspection services during construction. The City owns the Sports Complex restroom/snack bar building which has one toilet for each gender. There is a need to add another toilet and lavatory to each restroom. The existing facility will be modified to accommodate the additional toilet and lavatory. The Sports Complex Improvements will likely include but may not be limited to: • A new opening will be cut in the west wall of the existing masonry walls in the boys and girls restrooms and metal supports at the openings to maintain structural integrity to the existing masonry walls. • The concrete floor adjacent to the plumbing chase in the storage area will be cut with a tie into the existing sewer line added. • Export of soil is expected from the sewer tie-in area. • Two new masonry walls, fully grouted will be constructed for the back of the new toilet areas while maintaining and adding onto the existing plumbing chase (plumbing chase will be accessible). • The underground electrical that feeds the electrical panel will need to be relocated to the new outside wall of the new restroom area, and water heater will be relocated to an area outside of the new restroom areas. • One new lavatory and one new toilet (ADA compliant) will be added to both the Boys and Girls restrooms. • New wrought iron doors will be added at the existing entries to both restrooms. • Metal partitions will be used to provide privacy to the restroom stalls • The concrete floors will be patched as required and new precision type masonry blocks will be painted to match the existing facility. • Other than the exterior wrought doors, there should be no changes to the exterior of the building. The City has a lease agreement with the Boys and Girls Club which allows the City to add approximately 800 square feet to the existing building which will serve as a weight room and entry point to the gymnasium. The Addition to the Boys and Girls Club will likely include but may not be limited to: design and construction of approximately 800 square feet of building including: • Demo approximately two hundred seventy-nine square feet of the existing concrete walkway and the building concrete splash guard as ^ required for the new pad for the weight room. 11 !w. tt • Relocating three existing palms close to their existing location. • The existing canopy will be shored, while approximately sixteen feet of the canopy will be removed in the area where the new weight room will be added. • Footings as structurally required will be installed to support the three sided masonry wall that will make up the new weight room. • The height of the masonry wall will match the height of the lowest point of the existing canopy. • At least one, but perhaps two existing columns will be removed that support the existing canopy to provide for the construction of the new masonry wall. If possible, utilize the existing steel support beams in the existing columns and add up to two more supports for the expansion of the canopy/roof system. • The masonry will be precision type block, with rebar and fully grouted as determined necessary by the structural engineer. • The masonry will be painted on the inside to match the interior gym theme (two colors) and the outside masonry wall will be colored plastered with two reveals to match the existing exterior walls. • A four inch concrete reinforced floor will be provided for the weight room, covered with industrial strength exterior type carpet. • Two rows of fluorescent lighting will hang from a wood framed, plywood covered roof system similar to the existing one. • Install one exterior door/frame from the weight room to the exterior of the building. • Install a roll -up type door between the weight room and the existing gym area. • A roof structure will be constructed to match the existing wood system and will be painted to match that of the existing structure. • One electrical "home run" to the buildings electrical room will be run for the wall mounted air conditioning unit and lighting. This may include the core drilling through the existing gym masonry wall if required. The location of this unit will be incorporated into the new masonry wall to be determined during the design phase. • The fire sprinkler system will be modified/extended to accommodate the new space and to meet code requirements. • A new metal roof system to match the existing will be constructed over the new room. • Approximately fifty feet of new cabinets and/or counter tops will be provided for storage as well as a check-in/check-out area. • Approximately one hundred square feet of storefront/clerestory type windows will be provided at the exterior of the new masonry walls. • The west wall of the weight room will have full length mirrors from baseboard to six foot height above baseboard. Weight room equipment is not included as part of this project. These projects will meet current ADA requirements. Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed $ except as specified in Section 1.6 - Additional Services of the Agreement. Exhibit C Schedule of Performance Consultant shall complete all services by February 1, 2006. ` ^ f COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map for Parcel Map No. 32683- 2, Washington-1 11, LTD RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 32683-2, Washington-1 11, LTD FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 32683-2 is located east of Simon Drive and south of State Highway 1 1 1 (Attachment 1). This commercial development consists of 2 parcels on approximately 4.23 acres (Attachment 2). On November 22, 2004, the Interim Community Development Director approved Tentative Parcel Map No. 32683. The developer has requested the City Council's approval of the Final Map. The Final Map is technically complete. Staff has prepared a Resolution, which provides for approval of the Final Map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 32683-2, Washington-1 11, LTD; or 2 Do not adopt a Resolution of the City Council granting approval of a Final Map for Parcel Map No. 32683-2, Washington-1 11, LTD; or 3 Provide staff with alternative direction. Respectfully submitted, drnoth�y . o sson, P.E. Public Wor s irector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 2 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF PARCEL MAP NO. 32683-2, WASHINGTON-111, LTD. 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 Parcel Map 32683-2 is approved. 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. �ti 3 Resolution No. 2005- Parcel Map No. 33065, Robert M. Hill and Michelle Hill Adopted: May 3, 2005 Page 2 Section 3. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2005, 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 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 0 W O W 13-7 � 115 W Q ATTACHMENT 1 S//V vc v r j W Q i ATTACHMENT 2 till =a�t R 4 h xfi x x h «h �0 tit m � x Uzi t Ya : tit •-W t a Z > z x tfi t h �AS[ a � m � h = •��t h�t,�=h� � ��htz x � w O 1aR x i huh h xa 111, a : h Wx�t I: t Y. W t� Ilk kill x h t h h R tzx x t' WIN iill h •'� ill �h H t WIN t1 za itaRil, .e� � a ' ss ;dWA vim do 0 7 t�' NOJON/HSVhf am* AXWJW drimma jw::T f AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 3, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Community Services STUDY SESSION: Commission Work Plan for Fiscal Year 2005-06 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Community Services Commission per the approved ' Work Plan. A total of $4,500 will be budgeted in the FY 05/06 Work Plan for Commission monthly payments. In addition, staff time in working with the Commission, in preparing agendas and in preparing minutes, has not been quantified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission (Commission), at its April 11, 2005 meeting, approved the final draft of the 2005-06 Work Plan (Attachment 1). In the past, the City Council has expressed concern that the Commission's Work Plan was too broad and there were very few measurable desires. Attachment 2 provides a matrix of goals the Commission hoped to accomplish during Fiscal Year 2004-05, and those that were actually accomplished. The Commission's annual Work Plan for 2005-06 contains, in addition to the generalized tasks, specific tasks the Commission believes it can accomplish during the 2005-06 year. The specific tasks are listed on page 2 of the work plan and outlined in the following information: -t 01. Task: Community Services/Recreation Each Commissioner will review the Community Services Department brochure each season and make specific recommendations for two new programs, classes or excursions per season. Host a Community Provider meeting to better coordinate the range of services to the community. (This task will involve all recreation service providers in the City of La Quinta meeting to discuss the programs that they offer and to identify overlap or gaps in recreation services available to the residents of La Quinta. The organizations to be invited include the Coachella Valley Recreation and Park District, YMCA of the Desert, Boys and Girls Club of the Coachella Valley, La Quinta Arts Foundation, other service providers) Task: Park Development Review and comment on the updated Parks and Recreation Master Plan (tentatively scheduled for Commission late Fall 2005) Task: Liaison to the Community Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Possible speakers include representatives from the Coachella Valley Vector Control, Waste Management of the Desert, Santa Rosa and San Jacinto Mountains National Monument, La Quinta Police, La Quinta Chamber of Commerce Task: Community Unity Conduct Youth Workshop to gather input from the youth of the community regarding current and possible future programs Conduct the Community Picnic and City Birthday celebration the weekend closest to May 1 of each year Host the annual Tree Lighting Ceremony and other special events in conjunction with the Cultural Arts Commission Task: Safety Promote safe facilities by visiting City facilities and taking note of conditions and reporting same to the Community Services Director. -L v Attachment 3 provides information regarding the Commissioners' attendance at meetings and at events identified in the 2004-05 Work Plan. It is noted on the Attendance Sheet when Commissioners Fleck and Weber were appointed to the Commission to fill vacancies left by Commissioners Cross and Vaughn. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Services Commission's 2005-06 Work Plan; or 2. Do not approve the Community Services Commission's 2005-06 Work Plan; or 3. Provide staff with alternative direction. Respe4tfully sulmitted, / V vj�) e orvitz, (fo-rvmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Draft Version of the Community Services Commission 2005-06 Work Plan 2. Task Matrix 3. Commissioner Attendance at Meetings and Events ATTACHMENT 1 City of La Quinta Community Services Commission Work Plan 2005=2006 Approved by City Council on COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation and community services ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort ♦ To evaluate the effectiveness of services provided ASSIGNMENT ITEMS: PAGE 2005-06 Specific Goals and Objectives 2 Community Services/Recreation 3 Park Development 4 Liaison To The Community 5 Community Unity 101 Safety 7 Advisory Body To City Council 8 (x 5 2005-06 Specific Goals and Objectives Assignment Items Goals and Objectives Community Services/Recreation Review Community Services Brochure and recommend two new programs per season: Fall 2005 Winter/Spring 2006 Summer 2006 Host Community Provider Meeting to identify gaps and overlaps of service. Park Development Review and comment on Parks and Recreation Master Plan and present for City Council consideration: To be presented for Commission review in December 2005 Liaison To Community Contact and arrange for three service providers to attend Commission meeting to describe services to residents: Coachella Valley Vector Control Waste Management Santa Rosa/San Jacinto Mountains National Monument La Quinta Community Policing Officer La Quinta Chamber of Commerce Community Unity Host annual Youth Workshop and Community Picnic and Birthday Bash Safety Commissioners to select a park to be reviewed each quarter and report safety concerns to the Community Services Director Fritz Burns Park La Quinta Park Adams Park Cove Oasis Trailhead Sports Complex 2 a Task: Community Services/Recreation Completion Date: On -going Participants: Commissioners Suggested Resources: Leisure and Recreation Program Providers Steps To Completion Each Commissioner will attend one recreation program or class each season to evaluate the program effectiveness using a standard evaluation form and recommend comprehensive solutions to deficiencies Commissioners will review the Community Services Department brochure each season and make specific recommendations for new programs, classes or excursions for future seasons Staff Time: . One to two hours per month, depending on issues Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council Council Role: Provide direction to Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(1): Analyze community service's program effectiveness and needs, and recommend comprehensive solutions; Chapter 2.95.040 (a)(8): Propose recreation and social programs; (14): Make recommendations to the City Council relating to the need for evaluation and planning of the community service delivery system; (18): Evaluate and make recommendations concerning existing services with regard to service overlap or gaps. 3 1 Task: Park Development Completion Date: On -going Participants: Commissioners Suggested Resources: Park and Recreation Master Plan, La Quinta General Plan Steps To Completion: Review proposed park development projects for appropriateness for the community, host public meetings for proposed park projects Staff Time: 2-10 hours per project Fiscal Commitment: Pursuant to projects Staff Role: Provide support and liaison to the City Council Council Role: Include the Commission in the design and development process, screening and selection of professional firms, and conduct public hearings. Review and consider Commission recommendations Reference: Chapter 2.95.040(a)(3):Prepare and maintain community services master plans; (5): Serve as a public forum and conduct public hearings for recreation and human services concerns; (1 1): Review individual park master plans for recommendation to City Council. Task: Liaison To The Community Completion Date: On -going Participants: Commissioners Suggested Resources: Community Services Department Program Brochure, Chamber of Commerce Newsletter, Desert Sands Unified School District, other community agencies and organizations Steps To Completion: Promote recreation and leisure programs in La Quinta Attend Mayor's Luncheon and Chamber Functions and provide a report to the Commission on a timely basis Invite service provider representatives to the Commission meetings to inform the Commission of services available to the community. Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a)(12) Aid in coordinating the recreation services of other governmental agencies and volunteer organizations; (13) Make recommendations to the City Council on community issues. k Task: Completion Date: Participants: Suggested Resources: Community Unity On -going Commissioners Community Resources and Agencies Steps To Completion: Conduct Community Youth Workshop to gather input from the youth of the community regarding current and possible future programs Conduct the Community Picnic and City Of La Quinta's "Birthday" Celebration the weekend closest to May 1 of each year Host the annual Tree Lighting Ceremony and other special events in conjunction with the Cultural Arts Commission Staff Time: 50-80 hours per event Fiscal Commitment: $1,400 Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (a) (17) : Foster mutual understanding and respect among racial, religious, cultural and nationality groups. 6 10 Task: Safety Completion Date: On -going Participants: Commissioners Suggested Resources: Various public agencies in the community Steps To Completion: Provide information to residents on available services by attending various functions Promote safe facilities by visiting City facilities and taking note of condition and reporting condition to the Community Services Director Staff Time: One to two hours per month Fiscal Commitment: None Staff Role: Advise Commission of meetings and provide support and liaison to the Community Safety Manager Council Role: Provide approval for Commission to fulfill this assignment Reference: Chapter 2.95.040 (a)(16): Encourage and promote understanding and cooperation between the public safety agencies and the residents; Chapter 2.95.040 (10) : Review parks maintenance standards and quality. 7 d 13 � f �(Li a Task: Completion Date: Participants: Suggested Resources: Advisory Body to City Council On -going Commissioners To Be Determined Steps To Completion: Be actively involved in City issues and concerns Receive direction from City Council and take action as directed, accept assignments Maintain communication with the City Council Attend annual training workshops, schools and conferences to improve Commissioner performance Provide annual work plan for Council review, comment and approval Review grant opportunities and make recommendations for funding to the City Council Staff Time: 4-6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a) : to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 8 1 ATTACHMENT 2 A L ca a C O �Cc .� c co CO � cn O U a a o o s N r s e s e � U c c c� L C O c +"' L L 0 .J CJ m LL W N � � c co -0 cm c co Q, c a. +r 0 � a) +-i C L L CO c0 -�L O c0 Q N M -c U O O m O C O C �C coU- O Q. w a w ir a. D a� O U U C Co C O a. L -c U co UU�N� � L � 1 N E E c� p, +o+ V > o as a ATTACHMENT 3 N i CD r. N .E E V G� .v cn E E 0 N W cc C cc a O c cc V) c E �0I , 0 N N cc > 00 0 E co co H N N CO = O 0 -= O 0 0 N N 00 0 ++ r- co N CO CO F— Lo woo O O O J 00 N M m � CO O O 0 C �C N N v 00 = N M W y M In cn O O O 0 0 L N N V CD` O c a) E c c- a Q •L C 4— W O a) E C a a� .a O C O c:C O C C C C c p Q) in cn N •°� � X can X W c6 L- a_ X W a- L- CL X W CL O CC L- a. L CL X X L- a. +-1 C 4-1 C ++ C +-1 C +J C +.1 C +J C +.1 C ++ C +J C +J C +-+ C +-+ C (1) cn O cn a) cn (1) cn O cn (1) cn a) cn O cn a) cn (D cn a) cn O cn X a) cn co a) CD a) a X a) a.olcL a. a. a. a_ a. CL CL a. I I a. a- X ICLI +� C +i C C C +-J C +r C +� C +I C +J C +-J C C C C C () cn -Y a) cn cn N a) cn a) cn (D N a) cn a) cn a) cn a) cn a) cn a) cn a) cn () a) a) (D Q) a)(D Q) Q) a) a- 0 a. CL a. a. a_ a. a- CL a. a. a- a. a- +-+ C +� C a-, C +j C +i C C C C C +a C C +-+ C +a c a) cn a) cn () cn a) cn a) 0 a) cn a) cn a) N a) cn a) N a) cn a) cn X () cn a) a) a) L a) L a) L a) L a) L a) L a) L a) L a) L X a) L L a. o L a. Q a. a. a. a. a- a. a- a. a- X a_ � v +, C O C LL +-J C +r C +J C +J C +a C +J C C C C a) cf) X X v a) a� N a) a) N a) a) N a� a) X Xco a) Q 0 CD OC X a. CL CL a. CL CL CL a. X CL C C CO 0) Q O c U •U cli •O E •E a) N a) L a- � 00 Q) 0- m -a U a) -c c O = Y L 0 co -c 4-1 U •�_, o cc E L �i. ' ^ a. N cu ii 0 i ii E if E~ � L ++r.L O (n O a. (n 0 1 �J L '�;t. AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 3, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Cultural Arts STUDY SESSION: Commission Work Plan for Fiscal Year 2005-06 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Fiscal commitments will be minimal and based on projects undertaken by the Cultural Arts Commission per the approved Work Plan. A total of $4,500 will be budgeted in the FY 05/06 Work Plan for Commission monthly payments. In addition, staff time in working with the Commission, in preparing agendas and in preparing minutes has not been quantified. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission (Commission), at its April 14, 2005 meeting, approved the final draft of the 2005-06 Work Plan (Attachment 1). In the past, the City Council has expressed concern that the Commission's Work Plan was too broad and there were very few measurable desires. Attachment 2 provides a matrix of goals the Commission hoped to accomplish during Fiscal Year 2004-05, and those that were actually accomplished. The Commission's annual Work Plan for 2005-06 contains, in addition to the generalized tasks, specific tasks the Commission believes it can accomplish during the 2005-06 year. The specific tasks are listed on page 2 of the work plan and outlined in the following information: Task: Annual Work Plan Each Commissioner will review existing programs in the Coachella Valley and recommend one new program that the City can offer to fill voids in cultural events Task: Placement of Public Art Develop a maintenance program for existing art pieces Task: Develop Public Art Program Information Develop, design and draft contents for a public arts brochure for City Council consideration Task: Coachella Valley Cultural Conferences, Workshops and Events Work in conjunction with the Community Services Commission to host events such as the annual tree lighting ceremony, Community Picnic and Birthday Bash and to host Concert Under the Stars, in addition to hosting Artist Partnership Day Task: "Meet the La Quinta Artists" Work in conjunction with the La Quinta Arts Foundation at the Art Under the Umbrellas show to highlight La Quinta artists by posting a sign at the La Quinta artist booths Attachment 3 provides information regarding the Commissioners' attendance at meetings and at events identified in the 2004-05 Work Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Cultural Arts Commission's 2005-06 Work Plan; or 2. Do not approve the Cultural Arts Commission's 2005-06 Work Plan; or 3. Provide staff with alternative direction. 02 1�� Respectfully submitted, ie Horvitz, or'�munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Draft Version of the Cultural Arts Commission 2005-06 Work Plan 2. Task Matrix 3. Commissioner Attendance at Meetings and Events ATTACHMENT CITY OF L�l QUIN'rA X Ad 2 aw @-ft Ij 1 1 COMMISSION 1.2 FM P -1 W, 106,14 � 19 k� Im w F, F*--M 2005mO6 Approved by City Council on r Cultural Arts Commission Work Plan 2005-06 Specific Goals and Objectives Assignment Items Annual Work Plan Placement of Public Art Develop Public Art Program Information Coachella Valley Cultural Conferences, Workshops & Events "Meet the La Quinta Artists" July 2005 Goals and Objectives Review existing programs in the Coachella Valley and recommend one new program to fill voids in cultural events that the City can offer Develop a maintenance program for existing art pieces Develop, design and draft contents for a public arts brochure for City Council consideration Work in conjunction with the Community Services Commission to host events such as the annual tree lighting ceremony, Community Picnic and Birthday Bash, and to host the Concert Under the Stars. Host Artist Partnership Day Work in conjunction with the La Quinta Arts Foundation in the Art Under the Umbrellas show to highlight La Quinta Artists by posting a sign at La Quinta artist booths. 2 "_ Cultural Arts Commission Work Plan July 2005 Task: Annual Work Plan Completion Date: May 2006 Participants: Commissioners Suggested Resources: Commissioners, Staff Commissioner Steps to Completion: • Review existing assignments, and Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Goal: programs being offered by other Cities and organizations that offer cultural events • Suggest programs to fill any voids 1-2 hours per plan 3-4 hours per plan None Provide support and act as liaison to City Council Review and approve Work Plan Chapter 2.75.040 (4) of Ordinance 317: "Make recommendations to the City Council concerning the resources and needs on the subject of the arts..." 3 1-6 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Placement of Public Art On -going Commissioners, Staff Commissioners, City Council, Residents • Review the proposed artwork in relationship to the site and appropriateness of scale and proposed budget • Make a recommendation to the City Council regarding the artwork and recommend the appropriation of a specific amount to be committed to the site • Develop an art maintenance program based upon the needs of each art piece 5 hours per project 10-12 hours per project Funds appropriated from the Art in Public Places Account Consider site, art piece and appropriation of funds Art placement subject to final City Council approval. Goal: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. rd C7 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Develop Public Art Program Information On -going Commissioners, Staff Staff, Commissioners, printed materials, activity calendars, lists of organizations • Commissioners to design and draft contents of the information for Commission's review and approval and City Council consideration • Information to be published in the GEM, the Community Services Department seasonal brochure and other appropriate City publications 15-20 hours per month 6-8 hours per publication Costs would need to be determined for the printing Provide support and liaison with City Council Consideration of content and funding Goal: Chapter 2.75.040 (4) Make recommendations to the City Council concerning the resources and needs of the community on the subject of the arts, opportunities for participation of artists and performers in City sponsored activities and ways to encourage community involvement. 5 1�3 Task: Completion Date: Participants: Suggested Resources: Commission Steps to Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Coachella Valley Cultural Conferences, Workshops, & Events On -going Commissioners, City Council Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources, and other appropriate organizations • In conjunction with the Community Services Commission, participate in the annual Tree Lighting Ceremony, Community Picnic and Birthday Celebration, Concert Under the Stars and other special events deemed appropriate by the City Council. • Participate in the annual Artist Partnership Day Work with the Coachella Valley Arts Alliance to host symposia and other cultural events as deemed appropriate by the City Council Up to 100 hours per event Up to 60 hours per event Up to $10,000 per event and up to a maximum of $40,000 per year for four events. Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Cultural Arts Commission Work Plan July 2005 Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 7 1p e Cultural Arts Commission Work Plan July 2005 Task: Completion Date: Participants: Suggested Resources: Commission Steps To Completion: Commission Time: Staff Time: Fiscal Commitment: Staff Role: Council Role: Goal: "Meet the La Quinta Artists" Annually Commissioners Commissioners, Staff, Residents, Media sources • Host an annual event in which La Quinta artists are invited to display their work, including artists of all medium, to be included with a cultural performance or workshop. 5 hours per event 5 hours per event None Provide support and act as liaison to City Council Provide direction, review and consider the program Chapter 2.75.040 (10) Develop public art awareness through the presentations of speakers, forums, mixers and special events. 0 pTT ACHMEIVT' 2 cn cn L a a Q) OF. W c 0 E L O c L I c E a_ L O N co 0 s to L N4S co CO � a � c C (1) CD a) }J L O O L6. 0 U N N U N� U a)V) U O 'D N ca 4 c O -0c c O "O c 1 cu c O -0 c co C O c co O M i L M— W U /4-1 V J U . U) U /+-1 (n U �+--jj (n L co C � L cu ca U a = cu ca a c >. c O a a) cu co co c 0 ~ U c += O c +-I O •O � E E M�vy�+ ^L W L O ^^L I..i.. V J L0 V J L U a� U .c cv U asIMM 0 � Q cn 01 z I Li 4. CU O O O .j � C =O +� S +' O (j N U) U O N co co _`°a.c vz)v)uZ)w U U .E .E U U a- .� .c E E O O U U c m N +, > c a a) a E 2 -0 > }, 3 O c ' — L- CL o E a0 u) O c c c cv Q a ATTACHMENT 3 N CC N O C 'a N_ (� O 00 C m (r O (.0 CC CD E +� c +J c +0 c +-J c +-J c +J c +-0 c +-J c +J c +J c +J c +r c � c N N N N N N N N cn N y 0 0 a_oa.CLa.CLa.a.a_CLa.CLa_ a C C C C C C C C C C C C c CL CL. CLa_ a � L] W w � U �w O V � w X I—��w Z c c OC U c w Z Z Z a V Q) im~ LU0 m m m � w CLoCLCL LuCL-J aaa� +-+ C +J C +J c +J C +-+ C +-j C +-+ C +1 C +-J C +-+ C +-J C +-+ C +-+ c N N N 0 N N N N N N (1) N N Y V) U N V) N V)(1) (1) N(1) (1) co N N N N N CL 0 a_ CL 13- a_ CL a. a. a. a_ a_ CL CL +� C +J C +J C +J C +-J c +J c +-J C +•J C +- C +j C +j C +� c +-J C a N N N N N N N N N Q N lieN N N N N N QJ co Q) CD Q) (1) (1) a)(1) a a_ O a. CL CL a. a. a. CL (L CL CL a_ CL ], C i cn L- • U cn CO L c C (n C c0 Cn C_ 0 if U s > .� "r C L L L �• o E a_ -c - C o �- +.j b- &. a) +1 U b. CD y Q E E w C c •' � Q cn Ol lz in I I LL -� COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Consideration of an Amendment to Title 9 of the La Quinta Charter and Municipal Code Amending Chapter 9.60 Relating to Home Occupations RECOMMENDATION: A.) Motion to take up Ordinance No. reading. B.) Motion to introduce Ordinance No. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive further on first reading. Minimal. A small amount of business licenses would be issued to instructors and tutors. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Currently the zoning regulations pertaining to home occupation permits do not allow clients or customers to come to the residence of the person having a home occupation permit to receive goods or services. The proposed amendment to the Ordinance would make an exception to this requirement for musical instructors and academic tutors. It would limit the number of students receiving instruction at the residence at the same time to two. Staff has received a number of letters supporting the idea of allowing instruction in the home of the instructor which have been included collectively as Attachment 1. A redline version of the Ordinance is included as Attachment 2. ICU FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A.) Motion to take up Ordinance No. further reading. B.) Motion to introduce Ordinance No. 2. Do not take up the Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Directo of Building & Safety by title and number only and waive on first reading; or Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Letters in support of proposed Amendment 2. Redline Version of Ordinance Relating to Home Occupations 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.60.110 RELATING TO HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the director of building and safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the city. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. A �k3 Ordinance No. Amending Section 9.60.110 Adopted: Page 2 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. Exception: Musical instruction and academic tutoring where not more than two students are present at the residence at the same time shall be permitted. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. D. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize 4 Ordinance No. Amending Section 9.60.110 Adopted: Page 3 any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this third day of May, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) 5 Ordinance No. Amending Section 9.60.110 Adopted: Page 4 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 City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 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, CMC, City Clerk City of La Quinta, California from the studio of ATTACHMENT 1 KATHRYN B. HULL 77-260 Call ChllIon - La 9uInta - (760)771 -1041 March 29, 2005 Mr. Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta CA 92247 Dear Tom: As a result of a notice received from the City of La Quinta, I am requesting a variance be granted to me and other music teachers who have a home -based studio. Music teaching in the home is a long -held tradition spanning several centuries. The one-on-one relationship between a teacher and the student is best developed and maintained in the personal atmosphere of the home environment, and so has become the norm for the modern music education for people of all ages. In addition, there are neighborhood advantages of having a home -based studio. We provide a constant in the community so the neighborhood is not deserted. We provide a safe house for young children. We maintain an on -going neighborhood watch. We are conveniently accessible to families. Music teachers are part of the fabric of the community. Local schools benefit from our private instruction of their students since schools no longer offer a substantial music program. As to my qualifications, I am a state and nationally certified teacher of piano and music theory. I hold a B.A. in Music. I have been teaching piano since I was in college when I became an assistant to my teacher. I have taught music in elementary school and in college, but my primary teaching career has been as an independent piano teacher. For more than half a century I have had a home studio first in Palo Alto, CA, then in New Jersey for two years, and in Glendale, CA, for more than 30 years and now in La Quinta since 1992. The plans for my La Quinta custom-built home, which clearly included studio space for teaching, were approved by the City Planning Department. Teaching piano is my sole source of income. The value of a studio located in a neighborhood is the accessibility to families, the convenience of location, the safety of young children not entering or exiting an active commercial area, and the friendly, relaxed atmosphere which is conducive to learning. Families of modest means benefit from having affordable lessons available, which would not be possible in a commercial establishment. Mail: P.O. Box 947 - La Quinta, CA 92253-0947 7 Mr. Tom Genovese March 29, 2005 Page =2= The operation of my studio does not intrude on the neighborhood. There were no external modifications to my home; there is no exterior signage, there is no commercial traffic, I have no employees, and external sound is minimal because of extra thick walls with soundproofing and double paned windows. Students arrive one by one by appointment so there is no parking congestion, and they may park in my driveway. Students are always accompanied by a parent or responsible adult so there is constant supervision. Teaching hours are available to adults and home -schooled students in the morning, and after school hours for the majority of the students. No lessons are given past 8:00 p.m. Summer schedule is limited to three days a week. My immediate neighbors like having me here finding no problem with sound, traffic or parking. They appreciate having someone at home during the day to maintain a watchful eye, and show a visible presence in the neighborhood. As an educational service, not a commercial business, we believe it is in the best interest of the City to grant a variance for educators to maintain a home -based service. In addition, since the Municipal Code for Business License was written in 1982-83, hundreds of home -based services were established in these 20 or more years. Times have changed with the onset of computer communication. We respectfully request that consideration be given to revising the Code and Zoning Ordinance to accommodate these businesses and services that currently exist in our community. My educational service, and that of other music teachers, only benefits the community. There is no detrimental effect to La Quinta. Thank you for your time, attention and serious consideration of this request. I, and the other local La Quinta music teachers, will be happy to meet with you to answer questions or to provide additional information. I am enclosing letters from neighbors, students' parents, and other very interested citizens of the City of La Quinta to attest to the value and support of my studio and to the tradition of music education in a home -based studio. Sincerely fthryn 15. Hull P.S. You have received a letter from Gary Ingle, the Executive Director of the Music Teachers National Association. Obviously, over 24,000 teachers country wide are not working in an illegal system. We encourage La Quinta to consider updating their codes and zoning ordinances to meet the impact and contributions of the independent music teacher. cc: Tom Hartung, Code Enforcement a_ 8 MUSIC TEACHERS NATIONAL ASSOCIATION March 15, 2005 Mr. Tom Genovese City Manager P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Genovese: Gary L. Ingle Executive Director I was asked by Kathryn Hull, a member of Music Teachers National Association (MTNA) and resident of La Quinta, to write you concerning zoning problems related to independent music teachers in your city. While I know that there are zoning ordinances to protect neighborhoods from unnecessary noise and traffic issues and that zoning ordinances exist to keep neighborhoods safe and clean, I do think there are substantial reasons why an independent music teacher running a home -based studio should be given careful consideration as an "exception" to zoning ordinances. As a matter of background, MTNA is a non-profit organization of 24,000 independent music teachers across the country. Every state of the Union as well as the District of Columbia has an affiliated organization. Our purpose is to advance the value of music study and music making to society and to promote the professional development of our membership. Zoning issues, of course, have a profound effect upon our members' ability to conduct their profession. For this reason, we are concerned whenever we hear of restrictions, local or national, which might not fairly serve independent music teachers. Conversely, we are supportive of initiatives that positively impact the in -home teaching of music. Today's home -studio teachers are well-educated, usually with advanced degrees in music, and they provide a fine instrument for the student (especially true of piano teachers) and a library of pedagogical materials and repertoire for study and reference. They often have the latest technological tools to provide quality instruction as well. It is a long -held tradition that private music instruction be given in the home. The one-on-one relationship between teacher and student usually lasts for many years and is a nurturing experience for the student. In addition, the warm personal atmosphere of the home setting is very conducive to creative learning. There are very few times outside of their own homes that children are taught individually. Most teachers create programs tailored to the student's specific needs, a benefit that cannot be matched in our schools. The Carew Tower • 441 Vine Street, Suite 505 • Cincinnati, Ohio 45202-2814 9 Phone: (513) 421-1420 • Fax: (513) 421-2503 • E-mail: gingle0mma.org March 15, 2005 Page 2 Private music lessons are an educational activity. In addition to the obvious pleasures of making music, music education assists learning in many non -music areas. National media has, in the last few years, reported on research indicating that music instruction is better than computer instruction for developing abstract and critical reasoning skills. Other recent research points to the fact those students with music performance experiences score better on standardized tests than that of students without such experiences. Income for most independent music teachers is low. Nevertheless, teaching music is not a frivolous pursuit for any of our members. While some earn essential secondary income for their families, for the majority of our members, the income from teaching is their primary income. For piano teachers especially, home studios are fundamental. It is not economically feasible to rent commercial space and supply the studio with instruments. If piano teachers are deprived of the right to work at home, the entire music making community will be jeopardized. We believe the home -music studio enhances the character of neighborhoods. The home studio is not an overtly visible business — teachers are careful not to disrupt the residential areas. Typically students arrive one by one. Some students bicycle or walk to their lessons. Many teachers conduct group classes, but parents do not attend these classes and have no need to park for any length of time. If recitals are held in the studio, they are "social" in nature and the cars parked are no different than cars parked for any other types of social occasions. In the final analysis, independent music teaching in a home setting is a positive, enriching activity for any and every community. For that reason, most municipalities and states have made exceptions in their zoning ordinances for home -based music instruction. The members of MTNA would encourage you to adopt this approach. In doing so, you will keep music alive in your community through the impact and contributions of independent music teachers. Our desire is that independent music teachers will be able to continue making their unique contributions to the life and spirit of the communities. On behalf of the 24,000 members of Music Teachers National Association, I thank you for the opportunity to address this important matter on behalf of Kathryn Hull and the music teachers of La Quinta. Sincerely, Gary L. I le Executive Director cc: Kathryn Hull, NCTMY11"_ 1�J 10 City of La Quinta PO Box 1504 La Quinta, Ca 92253 Attn: City Manager Dear Mr. Genovese: We are writing you on behalf of our neighbor, Ms. Kathyrn Hull, who for many years has been performing a valuable service to our community by instructing our youth in the art of piano in her home studio. It is our observation that she provides a comfortable and safe learning environment in her home with no adverse noise or parking issues. We feel that her studio is a positive part of our neighborhood. Ms. Hull informed us that the city of La Quinta is impressing upon her a cease and desist order regarding her studio as a home business. Teaching music in private homes is a tradition that extends worldwide and has for centuries. We believe that the city ordinance banning home teaching is flawed and needs to be reexamined. At the very least, Ms. Hull, who has been teaching in her studio for many years should be permitted to continue her valuable community service. Sincerely 1,'3 a tvl�t` "-/Jack and Jan Blakle 54015 Avenida Juare La Quinta, Ca 92253 760.771.9732 ,„ ^ 11 JL v 42-100 Yucca Lane Bermuda Dunes, CA 92201 rch 23, 2005 Whom It May Concern: James Monroe Elementary School A California Distinguished School Telephone (760) 772-4130 Fax (760) 772-4135 As a parent and educator, I am very appalled that you would consider r e a:Hemandez� G Teacher iroe Elementary 1 i� 12 March 29, 2005 To whom it may concern, My friend and colleague, Kathryn Hull, apprised me of her notification regarding teaching piano in her home. Many educators work with students in their homes. Private tutoring is a great asset to a community. Often public school teachers encourage their students to get extra help in order to be successful, whether in music or any other subject in their curriculum. When students are taught at a private home there is no traffic problem since there is only one student a time. I am a professional musician performing on the flute and have a Master of Music degree from U.S.C. Also I have taught music at Pomona College, Redlands University, Idyllwild School Music and the Arts, and the College of the Desert, as well as in the following school districts: the Coachella Valley Unified School District, the Desert Sands Unified School District and the Palm Springs Unified School District. Those who give children this special opportunity in music education are passing on a legacy of learning and experience in the performing arts which is invaluable to our community. Sincerely, Joanne E. Bourquin 13 79-886 Dandelion Drive La Quinta, Ca 92253 Phone: 760-345-4433 March 21, 2005 To Whom It May Concern: My name is Judy Rowley and I teach private piano lessons in my home in the city of La Quinta. I am one of several educated teachers who is applying for a variance to the current zoning laws which disallow piano teachers such as myself from organizing a home based instructional business. I have a BA in Education and a Minor degree in Music from Fairmont State University in Fairmont, West Virginia. I also have 6 credits toward my Master's Degree from Central Michigan University. I am a member of the Music Teachers National Association. While teaching private piano lessons in the state of Virginia for many years I also judged students who played in various competitions within the state. In college I directed choir for my sorority for 4 years and in 2004 I worked for the Coachella Valley School District as an independent employee teaching choir at Mountain Vista Elementary School in addition to my private piano instruction in my home. My quiet studio is located in my home and is not visible to anyone from the street. My neighbors are extremely supportive of my piano teaching and many of my neighbors are also my students. Each of my 6 to 7 students per day enter my home by appointment only most are neighborhood children who walk to lessons. There is parking available in my driveway and directly in front of my home for parents to drop off and pick up their child and thus no cars line the street at anytime in front of any other residence. My neighbors will attest that they are not inconvenienced in any way from my home teaching. My hours of appointments vary from Monday 14 through Friday and lessons end between the hours of 6:00 and 7:00 p.m. Students are supervised, by me or a parent when here for their weekly lesson. I provide the neighborhood with a "safe house" --- a place for the students to go in my neighborhood. I am home during the day and enjoy providing the instructional service and creating a loving environment for learning. There are no external changes or signs on my property regarding my business so I do not impact the community with my studio -- nor do I have any employees. I have been teaching for over 30 years and am always amazed when I see the results of my teaching touching the lives of students. Parents relate to me that as a result of learning to read music their children's grades improve and learning becomes easier for them in all areas of their school curriculum. Another visible benefit is a boost of self esteem that the students experience as a result of learning to play music that resulted from learning to read during time spent in my studio. I also teach senior citizens who want to keep their minds active and alert through the study of music education. I feel that I am a benefit to my community with the service that I provide... my neighbors are aware of what I do and are totally supportive. I implore you to consider my request to exempt music instruction in the home environment based on your current zoning .laws. Banishing our small businesses would be devastating to so many people but mostly to the students who would not have the opportunity to receive instruction unless provided by the private music teachers in our homes. It would be cost prohibitive for us to rent commercial space... none of us could afford to do so or to drive from one home to another and not be able to take materials, our piano, ect. with us. It would not serve the students well to i..y' J 15 be taught in any other environment other than the private studio in our homes. In addition, I believe that I am helping to stimulate the local economy through music education and appreciation. My students purchase their teaching materials from local music retail stores and many have purchased pianos and other musical instruments for practice and enjoyment at their homes. Private instruction helps to generate interest in this small market. Again ... your consideration of our request is of utmost importance ....and I am sure that after hearing our reasons for continuing to provide for others in the manner that we do so well would be an inevitable just cause for a variance in our behalf. M AAf.A��1 16 March 29, 2005 Judith Trimble 47-850 Via Jardin La Quinta, CA 92253 Mr. Tom Genovese City Manager P.O.Box 1504 La Quinta, CA 92247 Dear Mr. Genovese: I ant writing you in regard to a letter I received from the city of La Quinta. The letter stated that I was hot allowed to maintain a home -based piano studio because this particular activity is considered a violation of current zoning ordinances. Recently, I retired, after twenty years, from teaching in the California public schools. I have a B.Ed. in music education and hold a valid California teaching credential which authorizes me to teach music through high school. Because I am so highly skilled in my field, I was recruited by Coachella Valley High School to teach in their Visual and Performing Arts Academy. I am currently teaching choir and piano, and also accompany the high school show choir. My husband and I own a home in La Quinta., and, when I first retired, I began teaching a few piano students, mainly the children of friends and neighbors. I teach three days a week in the afternoon only. Students are taught one on one though occasionally I teach a partner lesson. My students are always supervised by an adult, and they are well-mannered. If parents need a place to park, they may use my driveway. There have been no changes to the outside of my home since I started teaching piano. My students enjoy coming to my home as they can choose from three different instruments to play on. I have a concert grand piano, a studio upright, and a Roland digital piano with all the bells and whistles (which is the favorite). If the City of La Quinta forces home -based piano studios to shut down, I will be forced out of business. Even if I were able to find a commercial space to rent, I would not be able to afford to provide quality instruments and pay the overhead costs. I simply do not make very much money teaching piano. My students would have to go out of the area to find quality teachers. The public schools certainly do not provide for private instrumental educational services. It is my sincere desire that the City of La Quinta , which considers itself a supporter of the Arts, will do what is beneficial for all its citizens and find a way to allow piano teachers to continue to do what they do best, and that is to teach in their home -based studios. Sincerely, r Cr� s. Judith True le 4 r) 1 1 7 • David Stephen Essex 74-401 Santolina Drive Palm Desert, CA. 92260 Cell--(760)-285-1873 essexlent@aol.com March 23, 2005 To Whom It May Concern:. It has recently come to my attention that the City of La Quinta is trying to interfere with the outside education of our children, or at least make it more difficult and cumbersome, if you will, for both teachers and students alike, by moving forward in their desire, to pass legislation, through the zoning committee, which would ban teachers to practice their craft and teach, for monetary compensation, within the confines of their personal home studios. That the teacher must either travel to the client's home or they must rent some office space in a commercially zoned area. My sincere reaction to this demand is "You have got to be kidding !" The passing of this ordinance would not only effect my daughter's piano teacher, but other gifted and talented educators, who teach, and tutor in their homes such subjects as math, history, English, art, science, or run such in -home based "businesses" as home day care/nursery. Since when has it become a tort to teach our children the arts in one's home studio? Since when does the control of where and how our children are taught outside the school environment become an issue of such importance that the "City of La Quinta" feels it necessary to address this issue specifically and attempt to place a wedge in one's livelihood as well as our children`s education. It is not as though these teachers are causing a burden on the City or the neighborhoods or are taking away from the well being of the surrounding environment. We are not talking about putting up a commercial storefront or an industrial plant for monetary gains in an R-1 or R-2 zoned residential area. We are talking, plain and simple, the operation of a small "in -home" based business, run not by corporate entrepreneurs, but by those who teach primarily for the love and passion of their subjects such as piano. These artisans/educators give from their heart and soul not so much for the small wages they earn in the process, but rather by the driving passion burning within, to share these wonderful gifts such as the knowledge of how to physically play a musical instruments and the appreciation of music as well as the arts with children and adults alike. �- `� 18 To initiate a city business tax is one thing. To have these teachers practice teaching in the home under the umbrella of a city business license is still an acceptable request. But to out and out condemn in -home businesses of this nature and force these teachers to stop their livelihood and in the process deny our children education, is another thing, a horrible choice, a Gestapo tactic and not conducive with the practices of free enterprise and freedom of choice. I feel that the City of La Quinta should truly be ashamed of themselves for harboring such a boorish proposal and wasting time, energy, and money trying to get this foolish and sophomoric initiative passed. This very idea is as wrong as censorship or the banning of books. It is a discriminatory practice singling out a specific sector of citizens --teachers— and denying them the ability to earn a livelihood. I pray that this letter stirs continued rethinking of the City's proposal and challenges those in power to sponsor other solutions, to discuss their values both pros and cons and agree upon an alternative solution to the satisfaction of all those concerned. --Mortgage Advisor-- 19 March 22, 2005 To Whom It May Concern: I can not believe this is happening to us. I have just learned that my son is not going to be able to take piano lessons from Ms. Judy Rowley if the City of La Quinta does not change the zoning laws. My son Austin, who is 11, has been taking piano lessons for over a year. He is an extremely shy young man. Piano has brought him out of his shell and made him more confident. He has a natural talent that Ms. Rowley has recognized and nurtured I think you need to make an exception to the zoning laws that would allow piano lessons to take place in the home of the instructor. Not all families are fortunate enough to have a piano in there own home and rely on Ms. Rowley for her piano. Thank you for your consideration in this matter, ly iAyoe-Ses "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed it's the only thing that ever has," -Margaret Mead March 25, 2005 To Whom It May Concern: My name is Christine Preston and I am a teacher at James Monroe in Bermuda Dunes. I am currently in my 30"' year of teaching. I am also a Mom. I have 4 children who have all gone through the Desert Sands School District. 2 of my children are currently in college, 1 is teaching at La Quinta High School and 1 is in St" grade. My husband is Henry Preston, a sheriff for Riverside County. As a family, we feel very strongly about the outside activities that our children participate in. We feel that music, sports, and drama help to build a well rounded child. We feel that raising children to be responsible, caring adults is our job as parents. Our youngest daughter, Sarah has taken piano lessons from Ms. Judy Rowley for the last 7 years. She has learned to not only play the piano but to read music as well. We have nothing but praise for the kindness, talent and exceptional role model that Judy has played in the life of Sarah and our family. She is gracious and patient beyond belief. There is a weekly one -on-' one connection with another adult from the community that is an added benefit to every child that she encounters. Life is hard on kids. There are tough breaks everywhere. As a teacher, I see kids that have been handed some very tough blows by the time they are 10. I feel that any amount of Lifeskills, such as music, that we can give them will only provide them more joy and discipline as they grow older. Music is an added bonus to life. It is a necessary component to enhance our daily lives. Music teachers provide a skill that will carry over in to the adult lives of children, but more importantly the kindness and patience of these caring adults day in and day out. We all know how difficult parenting is. To have another great role model for my children, is an added bonus. 79790 Camelback Dr. Bermuda Dunes, Ca 92203 Sincerely, c4el- I A941(x� Christine Preston rV 3 U 21 KWEE K. ONG, M.D. March 21, 2005 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Sir or Madam: I am a adult piano student of Judy Rowley. It has come to any attention that the City of La Quinta is attempting to end her piano teaching at her home. Judy Rowley has a gift in teaching music and to bring a little of the arts to La Quinta is a blessing. As a resident of La Quinta, it is clear that her lessons will bring myself a lifetime of enjoyment of music. It has been a pleasure to take lessons from her home. The environment is both pleasing and provides a great experience. Her home is equipped with beautiful piano that has been properly tuned and placed. It is doubtful that novice students would otherwise have a chance to use such a fine piano. Her lessons are a asset to La Quinta , I wish to extend my support for my teacher. Sincerely, K ee K. Ong 54695 WINGED FOOT • LA QUINTA, CA • 92253 PHONE: 760.771.9254 1 � r 22 S.hahriyar Tavakoli, M.D., FCCP 39535 Desert Sun Drive Rancho Mirage, CA 92270 March 21, 2005 To Whom It May Concern: I have been informed that all piano instructors providing private lessons from their homes will no longer be able to conduct business out of their homes. My 5 year -old daughter, Alexis, takes private piano lessons from Judy Rowley. She has been taking lessons from Judy for the past year. Alexis is a very bright and active child who needs gentle guidance to keep her focused. My wife and I chose private lessons for Alexis because we feel that having individualized attention during this age would help keep her focused. However, in order to continue teaching piano, Ms. Rowley would have to either provide lessons in our home or in a studio. In our experience with our daughter, these options would not be conducive to our child's learning style. First of all, if lessons were held in our home, Alexis would not be able to concentrate for the entire lesson in this environment because she would have too many distractions, such as her toys, pet, etc. By going to Ms. Rowley's home, Alexis takes the lesson seriously and she is better able to stay focused. Secondly, if Ms. Rowley held lessons in a studio, Alexis surely would not have the opportunity to learn to play piano on a Steinway & Sons piano. By learning on such a quality instrument, my daughter is developing an awareness of the nuances in music and the caliber of musical instruments. Additionally, since Ms. Rowley teaches out of her home, she affords us the opportunity to be very flexible regarding scheduling. Like most children this age, Alexis often picks up different illnesses from her classmates. Therefore, we are easily able to reschedule a missed class. Unfortunately, this would not be the case if Ms. Rowley had to provide lessons to students in their homes, for she would have to allocate time for the lesson in addition to the commute. Furthermore, if piano instructors are not allowed to provide lessons from their homes, the cost of lessons will increase significantly because the overhead and/or transportation costs will have to be imposed on the students. This will be a travesty because it will become unreasonable for parents to provide piano lessons for their children. Not only will many children (as well as adults) not benefit from the cognitive advantages that learning to play piano provides, but they will be denied the chance to learn the discipline and the appreciation for this particular musical. instrument. Another issue involved is the availability of teaching materials. Ms. Rowley has a variety of teaching materials in her home, which she would not be able to provide spontaneously 23 if she had to teach in our home. It is important to have as many teaching tools as possible, especially when teaching very young children. In conclusion, I feel that Judy Rowley is the right match for my daughter's learning style. If Ms. Rowley is not allowed to continue teaching from her home, she will no longer be able to stay in business. This will be a disservice to all her students! Therefore, I implore you to consider these circumstances and allow private piano instructors to teach from their homes. Thank you for your consideration of this matter. Yours truly, Shahriyar Tavakoli, M.D., FCCP 24 1� Mixel Ventura, MSW 39535 Desert Sun Drive Rancho Mirage, CA 92270 March 21, 2005 To Whom It May Concern: This letter is being sent to provide you with information on the personal ramifications that may occur if Judy Rowley is not allowed to provide piano lessons out of her home. I have been a student of Ms. Rowley's for nine months. I began with no knowledge of music to my current status of intermediate level. Additionally, I have a child of preschool age; thus, it does not allow me too much time to dedicate to taking extended courses elsewhere. My private lessons with Judy are a way for me to keep my mind stimulated in an enjoyable manner. Because Judy provides lessons from her home, she is able to offer me flexibility regarding scheduling. Oftentimes, I am forced to change my regularly scheduled lesson either due to an illness on my part or my child's, or other situations that occur in life. If Judy had to come to my home, she would certainly not have that flexibility. Furthermore, since I live 30 minutes' driving distance from Ms. Rowley's home, it would not be cost-effective for Judy to drive to my home to provide me a lesson. Therefore, she would either have to increase her fees and I would thus not be able to take private piano lessons, or she might not be able to provide lessons at all to students who live a certain distance away from her home. This would be unjust to both Judy and her students. Another important issue is the fact that Judy has a variety of teaching materials readily available in her home, which she would not be able to transport on a regular basis to each of her students' homes. I have personally benefited from the availability of her instructional resources. Additionally, when I sought out a piano tea met with several instructors, including a couple of instructors who taught lessons out of a studio. However, I chose Judy Rowley as my piano instructor not just because she knows how to play the piano, but because she is a well -trained teacher, well -organized, and an enthusiastically motivating instructor. I need someone who will encourage my music endeavors without putting unnecessary pressure on me. Judy provides gentle encouragement to me. Finally, if Judy Rowley is not allowed to teach piano out of her home, she will surely be put out of business. This will be a travesty to all her students who flourish from her style of teaching. 1��' 25 Respectfully, I ask that you consider my concerns and please allow Judy Rowley to continue to offer private piano lessons from her home. Sincerely, Mixel Ventura, MSW �4 26 3-23-05 TO WHOM IT MAY CONCERN: IT HAS COME TO MY ATTENTION THAT THE CITY OF LA QUINTA IS TRYING TO SHUT DOWN THE PIANO TEACHERS WHO ARE TEACHING LESSONS OUT OF THEIR HOME. THIS IS AN ISSUE OF GREAT CONCERN AS WELL AS FRUSTRATION. I HAVE 2 DAUGHTERS WHO HAVE TAKEN PIANO LESSONS FROM JUDY ROWLEY FOR JUST ABOUT 6 YEARS NOW. HER HOME IS A QUIET, SAFE ENVIRONMENT FOR MY DAUGHTERS TO STUDY PIANO. HER HOME IS LOCATED JUST ACROSS THE STREET FROM MY DAUGHTER'S MIDDLE SCHOOL WHERE SHE CAN SAFELY WALK TO HER PIANO LESSON. TUESDAY IS HER EARLY DISMISSAL DAY AND I WOULD MUCH RATHER HAVE HER WALK TO HER PIANO TEACHER'S HOME FOR A LESSON THAN HER WANDERING AROUND WAITING FOR ME TO PICK HER UP. SHE WOULD BE UNSUPERVISED SINCE I WORK AND AM NOT ALWAYS ABLE TO PICK HER UP EARLY ON TUESDAYS. I AM UNCLEAR OF THE ISSUES REGARDING THIS FINE WOMAN SHARING HER TALENTS WITH OUR CHILDREN. FRANKLY, I MUST TELL YOU THAT JUDY ROWLEY HAS BEEN A TREMENDOUS BLESSING TO MY DAUGHTERS. I AM SO THANKFUL FOR HER. THE FACT THAT SHE AND OTHERS TEACH OUT OF THEIR HOME SHOULD NOT BE AN ISSUE. IT IS A MUCH SAFER AND MORE CONVENIENT OPTION THAN HER BEING FORCED TO RENT COMMERCIAL SPACE IN A BUSINESS PARK OR THE LIKE. THE FACT THAT SHE IS MAKING MONEY IN RETURN FOR THE LESSONS IS IRRELEVANT AND SHOULD NOT BE AN ISSUE. HOW ABOUT THE REST OF US WHO HAVE OFFICES IN OUR HOME? ARE YOU PLANNING TO SHUT DOWN THE ENTIRE CITY OF QUINTA ? TO EVEN CONDISER HAVING JUDY TRAVEL TO OUR HOMES IS REDICULOUS AND ENTIRELY IMPRACTICAL. SHE WOULD NEED TO DOUBLE THE HOURS IN HER DAY JUST FOR TRAVEL TIME ALONE. SECONDLY, FOR HER TO TRY TO TEACH IN MY BUSY HOME WOULD NOT EVEN BE POSSIBLE. WITH 4 CHILDREN, 3 DOGS AND A CAT, THERE WOULD BOT BE A PEACEFUL ENVIRONMENT CONDUCIVE TO LEARNING. I TOOK PIANO LESSONS SINCE I WAS 4 YEARS OLD...ALL OF MY LESSONS TOOK PLACE IN THE TEACHER'S HOME. I WENT ON TO COLLEGE AND MAJORED IN MUSIC AND RECEIVED A DEGREE IN MUSIC PERFORMANCE AS WELL AS EDUCATION. THAT WOULD NOT HAVE OCCURRED IF I WERE UNABLE TO TAKE PRIVATE LESSONS FROM TEACHERS IN A QUIET, SAFE ENVIRONMENT., TEACHING PIANO LESSONS IN THE HOMES OF THE TEACHERS IS THE PERFECT AND ONLY SOLUTION TO THIS SITUATION. IN NO WAY ARE THESE TEACHERS A DISTURBANCE TO THE CITY. WHATEVER THE CITY IS LOOKING TO ACCOMPLISH WITH THIS NEGATIVE IMPACT OF 27 THE DECISION, NEEDS TO BE RETHOUGHT AND A VARIANCE MADE IN BEHALF OF PIANO TEACHERS WORKING IN THEIR HOMES. THANK YOU FOR YOUR TIME IN THIS IMPORTANT CONSIDERATION. PLEASE REDO THE CURRENT ZONING LAWS IN ORDER TO ELIMINATE THE ALREADY SUCCESSFUL TEACHER/STUDENT STUDY IN PRIVATE HOMES. I URGE THAT YOU DO NOT SHUT DOWN PIANO LESSONS IN JUDY ROWLEY'S HOME ... HER INCOME WOULD CEASE...AND THUS HER QUALITY OF LIVELIHOOD WOULD BE NO MORE. SHE IS AN UPSTANDING MEMBER OF YOUR CITY. M9:V41cI"Is March 23, 2005 To whom it may concern, My name is Arlene Delapaz. I am a nurse at JFK hospital in Indio. I have 3 Children ages 10, 9, and 7. We love music and we all take piano lessons. Judy Rowley is the best thing that has happened to us. She is patient and kind. She is always positive and encouraging. It is beautiful to hear music flowing out of my children's fingertips. We are happy going to her home to take piano lessons. We feel safe in her area. There is no traffic or congestion. Her driveway is not crowded with cars. There are no solicitors asking for donations. The neighborhood is conducive to learning because it is quiet. We prefer to take lessons in her home versus our home because there are too many distractions in our home. It would be too easy for the children to choose to play with their own toys, watch TV, eat and drink instead of concentrating on the piano lesson. It would be a waste of time and more importantly a waste of money. I believe that not allowing piano teachers to teach in their homes in the City of La Quinta is ridiculous. It can have an avalanche erect that can potentially hurt many people. It starts with the talented piano teachers who will lose their primary means of income. It will also hurt the City of La Quinta in many ways. The city would lose income revenue from the piano teachers. The city would lose musically talented children. These same children, without music to focus on, could be out in the streets of the city causing (who knows what kind of) trouble. The residents of La Quinta will also feel the effect. Many of these piano teachers may have to go on welfare and surely this will affect taxes. The residents of the city will also be exposed to the children gone wild because they don't have music to focus on. Not allowing piano teachers to teach in La Quinta can be potentially disastrous. 29 March 22, 2005 To Whom It May Concern: It has come to my attention that my children are in jeopardy of losing their piano teacher. I can not imagine what this will mean for them. They have learned so much in their lessons with Ms. Judy Rowley. I have three children who take lessons from Ms. Rowley. My daughters, ages 7 and 8, have been with her for over a year and a half and love piano. My son, age 16, has just begun to take lessons and it would be such a shame if he had to stop now. My children enjoy going to Ms. Rowley's house for lessons. It would not be the same sort of learning environment at all if she were to travel to our house. They feel comfortable at her piano. At the same time it makes them feel special that they get to play on Ms. Judy's piano. I have no doubt that piano lessons with Ms. Rowley have helped all of my children in their school work. My son especially has benefited from his piano lessons. He is a very bright young man, but lacks focus and concentration. I truly believe that piano is beginning to help in him in these areas. I would like the opportunity to see how much he can improve with continued instruction with Ms. Rowley. Please consider the ramifications to my family when making a decision about this matter. Thank you, Kimberly C. Jenkin 30 Michele T. Sarna 67 E Sutton Place Palm Desert, CA 92211 760-674-8422 March 21, 2005 To Whom It May Concern: It has come to my attention that our beloved piano teacher -Judy Rowley -is in jeopardy of her trade, due to the proposed ruling of no in home businesses. My two children (ages 6 and 7) would be deeply impacted if she would not be able to continue teaching them in the manner they are accustomed to. Since they have begun piano lessons, their school work, home life and general well being have improved. I know they could take in a studio environment, however, I have been spoiled by the flexibility and comfort a home setting has provided. I wouldn't want it any other way. Please take into consideration all the lives that would be affected by this decision. California is already suffering from the mass amounts of unemployment. Are you willing to significantly add to that number? I thank you for your time and consideration. If you have any questions, please feel free to contact me at the above number. Sincerely, Michele T. Sarna Very Concerned Parent. 31 March 24, 2005 To Whom It May Concern: I am writing this letter in support of Judy Rowley Piano Studios and other piano home studios. Ms. Rowley's home is more than just a piano studio. It is an inviting and comfortable atmosphere where learning can take place. Our daughter, Sarah, has been instructed in piano by Ms. Rowley since late May of 2004. Sarah has truly blossomed under Ms. Rowley's teaching in more ways than one. Our daughter is nine -years old. As our oldest she has struggled with self-confidence at times. Trying to fit in or discover talents is common among these age groups. Ms. Rowley has helped Sarah find her talent, and since then she has excelled in piano. Ms. Rowley has also brought a special friendship to Sarah, and I can see it each time I pick her up. Ms. Rowley has encouraged our daughter with self-confidence, with assurance, and with hope. All these characteristics are strengthening our daughter in ways that will carry on throughout her lifetime. So we are very thankful to Ms. Rowley for not only opening her home to us, but also her heart to our daughter. All this success is due in part to the lessons being taught in Ms. Rowley's home. I would encourage the city of La Quinta to reconsider the option of removing the wonderful environment of home studios which people, like Ms. Rowley and others chose to create. It is these people who help better the lives of others and their communities. Sincerely, Damon Juarez Youth for Christ, Eas rn Va ector Estella Juarez Para educator, Dese Sands Unified 50-120 JACKSON - COACHELLA, CA - 92236 �11 PHONE: 760-342-8118 1 ,� 32 March 25, 2005 To whom it may concern, I would like to request an exception to the current zoning Laws regarding piano teachers. Judy Rowley has been teaching piano in the City of La Quinta for the past 30 years. Teaching piano is her livelihood. She does not teach piano to be rich, she teaches because she knows how important it is to a child. If a child learns piano he/she will do better in school. I know this to be a proven fact. Judy would not be able to afford to live in La Quinta if she was not allowed to teach out of her home. That would be unfortunate for the people who live in her neighborhood because she is an upstanding person in her community. I would agree with any new City rules, but I think they should apply to someone trying to start a new business out of their home, not to someone who has been doing something great for our community for the past 30 years. The City of La Quinta may think that she can just go to her student's homes to teach, but that is not true. Many of her beginning students do not own a piano. They practice on a keyboard. The only time they get the full effect of a piano is in Judy's home, or once a year at a recital. When the students go to Judy's home, they get a one on one teaching. If it were in their own home (if they had a piano), there would be distractions. If Judy had to travel to each of her student's homes, she would be forced to teach fewer students due to time issues. The children of La Quinta would lose! Judy is not trying to sell retail products out of her home; she is providing a much -needed service in our community. I am sure the City has more important issues to deal with than concentrating on piano teachers! Let's look out for our children of La Quinta, and good people we want to reside in our neighborhood. Thank you f r your consideration. XMMM el a Goodwin 33 March 25, 2005 To whom it may concern: We have been taking our daughter to Judy Rowley for well over ten years. She is a wonderful Piano teacher. It is amazing to listen to Shelby play. Our daughter does very well in school and we attribute a lot of that success to Judy. There are many studies that confirm the correlation between music and other academics. At the very least, all current piano teachers should be grandfathered, and be allowed to continue providing a much needed service to our community. To pull the plug on the livelihood of someone who has, for so long contributed much to the children of this community is just not right. Your consideration to the matter would be appreciated. Sincer Todd Goodwin ;''�} 34 Christine Frye-Camer 79-755 Westward Ho Drive La Quinta, California 92253 To Whom It May Concern: My name is Christine Camer; I am a piano student of piano/music teacher Judy Rowley as well as an educator. I am in total support of a variance to the current zoning laws that prohibit professional teachers such as Judy from running a home based instructional business from the privacy of their individual homes. Judy provides an instructional service in a safe, loving, nurturing environment that fosters social and academic development for students of all ages as well as developing the love of music for an individual's life long enrichment and enjoyment. As an educator the magnitude of music's importance that enriches student's lives in all areas of curricular study cannot be minimized. Unfortunately in today's educational system, music has had to take a "back seat" to the rigorous academic curriculum and curricular standards that our students and children must master. Judy Rowley, as a private music/piano instructor has been able to provide the opportunity for students to enhance their academic abilities and bring joy into the learning environment via instruction in her private studio, located in her home. Banishing private piano/music teachers from practicing their craft in their private homes would be devastating to students of all ages in our community, as the opportunity to receive one on one musical instruction would now become extinct , commercialized and cost prohibitive to students as teachers would be forced to procure a music studio housed in a commercial area. I implore you to consider the request of the private music/piano teachers that reside here in our community, the city of La Quinta, to grant a variance allowing them to continue to provide this most valuable and viable community service, a private learning environment in their homes, which affords the opportunity to students of all ages to foster, appreciate and develop a life long love of music. Thank you for your consideration of a variance to allow this viable and valuable learning environment to continue to build and enrich the lives of our community members. Thaw you, r Christine Frye-Camer ,`�� 35 March 24, 2005 To Whom It May Concern: I was recently informed about the possibility of having to end piano lessons. When I heard this news I was completely shocked and could not understand why anyone would want to stop the instructional teaching of piano. Piano teaching should be an exception to the current zoning law. I am proud to say that I am Judy Rowley's longest student. I started taking lessons from Ms. Rowley at the young age of four years old. I am now almost fifteen years old and have been taking lessons ever since I started. Study after study has proved the fact that children who take piano lessons learn, or improve, their study habits, and become a better learner. University studies have concluded that middle school and high school students, who play an instrument score significantly better on standardized tests. Since I have been taking lessons before I started school, I strongly believe that my success in my academics is based on the ability of playing piano. I have been in gifted and talented academic classes in all my years up to high school, and now attending La Quinta High I am able to say that I am succeeding in the vigorous International Baccalaureate program. Piano lessons have also improved my skills in memorization, concentration, and discipline. I have had the opportunity to play at recitals once, and even twice a year. Being able to perform music in front of an audience has raised my level of self esteem and confidence. Without my ability to play piano, I honestly do not know what kind of all around person I would be, socially as well as academically. My teacher's home environment is exceptional for teaching. There are absolutely no disruptions in the community around Judy's household. �� 36 There are no signs, or any kind of advertisement, on or in her home. Students only arrive to Judy's house by appointment which completely eliminates the problem of having over populated, congested streets by her home. Even her closest neighbors do no have a problem with her profession. I do not believe that I would have the same level of education if Judy came to my house to teach piano, there are rarely times when my household is completely quite, and at Judy's house I am able to focus on piano and learn to the best of my ability. Judy's house is located close to my school, so it is very convenient for me to walk there at my scheduled piano time. My parents work during my piano time and walking is the only way I can get there. Judy's location is accessible and perfect! Judy received a letter about the unfortunate fact that her "home business" would need to be ended. Instead, I believe that Judy should be sincerely thanked for her hard work and patience with teaching people of all ages. Judy is truly a beneficial member of our society and should be recognized as one. Judy teaches people of all ages starting from four years old to retired elders. Ms. Rowley is not only my piano teacher; she is my friend and mentor. Judy does not do her job for the wealth, but to bring joy to her students through music, which they can cherish throughout their lifetime. These zoning laws are starting with La Quinta, but pretty soon the art of piano teaching is going to be erased. This law is ruining the possibility of having music touch the lives of other people. Please take this letter into consideration, and make piano teaching an exception to the current zoning law! t i Shelby••• -n 37 Deborah Westerhoff 52-313 Madero La Quinta, California 92253 To Whom It May Concern: My name is Deborah Westerhoff; I am an educator and my daughter, Cristi has been a piano/music student of Judy Rowley's. I am in total support of the variance to the current zoning laws that prohibit professional teachers such as Judy from running a home based instructional business from the privacy of their individual homes. Judy provides an invaluable instructional service in a safe, loving and nurturing environment that fosters social and academic development for students of all ages as well as developing the love of music for an individual's life long enrichment and enjoyment. As a parent of a very shy girl, piano lessons for my daughter helped to bring her out of her "shell" and today, I am very proud to say that she is member of her school's Marching and Jazz Bands. Without the ministrations of Judy's loving and nurturing musical instruction, I believe my daughter would not be the successful student both academically and socially that she has become. As a parent with a very busy household, having the opportunity to give my daughter private piano/music lessons in a safe and loving home environment away from our home has been an invaluable resource/commodity for our family. Banishing private piano/music teachers from practicing their craft in their private homes and forcing them into commercialized studio's would be devastating to the students of all ages in our community as the opportunity to receive one/one musical instruction would then be cost prohibitive. I implore you to consider the request of the private music/piano teachers that reside here in our community, the city of La Quinta, to grant a variance allowing them to continue to provide this most valuable and viable community service, a private nurturing learning environment free from familial distractions, which affords the opportunity to students of all ages to foster, appreciate and develop a life long love of music. Thank you for your consideration of a variance to allow Judy and her fellow music/piano teachers here in our city of La Quinta to continue to provide this valuable service that enriches the lives of our community members. sere Deborah Westerhoff �, 38 March 26, 2005 To Whom It May Concern: I am writing on behalf of Mrs. Judy Rowley and all piano teachers in the Coachella Valley, affected by this ridiculous and archaic law on the books in the city of La Quints It came as a total shock and surprise to me that a growing prosperous, on the move city like La Quinta, could or would have such a law as this on its books, and then in this day and age, when people are always expanding their knowledge, skills, and talents in all areas, you pull it out dust it off, and try to enforce WH I am a public school teacher at one of our local schools and I know the value of music in a student's life. It has been showrlstatistically that students who participate in music and sports, are 10 times more likely to have higher grades and not become a drop out in school or society! I know the value music has played in my own life, that by taking music lessons from Judy that it has not only taught me discipline in my personal life, but it has taught me to be more tolerant and patient in teaching reading math and other important s dUg to my own students!!! If this law is enforced first on piano teachers,, then it should go right on down the line to pool cleaners, house cleaners, painters, landscaping companies, etc etc. Where do you draw the line??? Money is exchanged at our homes for all of these services. This law is utterly ridiculous and should be looked at long and hard by the La Quinta City Council and taken off of the books. These people are performing a wonderful service for your community and its citizens. Your children and/or grandchildren have probably taken lessons from one or more of these dedicated people and coWd you in all good consciousness, tell them that they can no longer take piano lessons because the city you serve has an archaw law on its books thatis now being enforced and they can no longer take lessons??? I think not. Please consider the impact this law has on thousands of people in this community, the livelihood of these dedicated people and consider revoking it or pass a variance on their behalf Thank you for your consideration, Bobbi McCue 39 SHERWYN M. WOODS, M.D., Ph.D. Professor Emeritus Keck School of Medicine University of Southern California Department of Psychiatry & Behavioral Science March 28, 2005 Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Genovese: 50-815 Nispero La Quinta, CA 92253-4566 760-771-9795 760-771-5766 (Fax) I was dismayed to learned that the City of La Quinta has begun to disallow independent music teaching in the teacher's home. In my opinion, this is extremely short-sighted and a disservice to the community. In addition to the long history of such teaching in both ours and most communities, there are major benefits that accrue from the practice. It is a far safer location for children, it helps to keep fees low and therefore benefits the lower income levels, and it is much less intimidating to both children and adolescents as opposed to having to go into a commercial neighborhood and building. As an experienced educator, I can assure you that a residence location is by far the most conducive to good learning. Since the vast majority of such teaching is on an individual basis, there are no problems with respect to parking or undue activity. Because of my interest in music, I have known many such teachers, in several cities. None have experienced problems with neighbors or the city government. A variance has always been allowed so as to not interfere with residential zoning. I have been impressed with the efficient and thoughtful management of the City of La Quinta, and I trust that a similar variance or exception can be made so as to encourage this activity that is so beneficial to the community. Sincerely, Sherwyn M. Woods, M.D., Ph.D. cc: Donald Adolph, Mayor <� J 40 Judith B. Zacher, M.D., F.A.C.S. 43-585 Monterey Avenue, Suite 7 Palm Desert, California 92260 Telephone (619) 773-6616 ❖ Fax (619 773-6618 March 24, 2005 City Manager City of La Quinta, California Dear Sir or Madam, It has come to my attention that you are attempting to stop my piano teacher, Mrs. Katherine Hull, from continuing to give instruction in her home based on an antiquated and inappropriately applied city code prohibiting home based businesses. When I started piano lessons 55 years ago all my teachers, and those of my own children, have given lessons in their own homes. It is a VERY old tradition and the only setting that provides the quiet intimacy required for the student to make progress. What about those giving violin, guitar, harp, horn or even painting or knitting lessons?? Are they to be banned from the community? I was under the impression that La Quinta, as a community has tried to support "The Arts" but this makes the city look ridiculous and must be changed by whatever means as soon as possible. Sincerely, 4udiith B. Zac r, M.D. and Neil Hauft 0 41 O Member AMERICAN SOCIETY OF PLASTIC AND RECONSTRUCTIVE SURGEONS, INC. NANCY BRICARD EMERITUS PROFESSOR OF KEYBOARD STUDIES UNIVERSITY OF SOUTHERN CALIFORNIA FLORA L. THORNTON SCHOOL OF MUSIC March 28, 2005 Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Genovese: P.O. BOX 1 4 1 7 LA QUINTA, CA 92247-1 4 1 7 760-567-71 47 By way of introduction, I was Professor and Chair of the Keyboard Studies Department at the University of Southern California for many years. My husband and I retired in 1998 and moved to our new home in La Quinta. I am active in many of the piano related activities and charities in the desert, and know many of the independent piano teachers. From them I have learned that the City is planning to stop these teachers from teaching in their homes. I believe this to be very short-sighted and definitely not in the best interest of the community. There is a long history in this country of home teaching of music, and it has persisted because it benefits both teacher and student. The residential setting helps to form the personal bond that is so critical in working with children, teens and adults. It is a far safer and more congenial setting to send ones children as compared with a professional building in a commercial area of the city. To prohibit such teaching will also be a blow to the minority and lower -income families who will be unable to afford the necessary raise in fees if teachers are forced to rent commercial space. I hope that you can do something so as not to destroy this long-time practice which benefits all concerned, including the City of La Quinta. Sincerely, Nancy Bricard �"� 42 "The ultimate challenge for American education is to place all children on pathways toward success in school and in life. Through engagement with the arts, young people can better begin lifelong journeys of developing their capabilities and contributing to the world around them. `Champions of Change: The Impact of the Arts on Learning' also shows that the arts can play a vital role in learning how to learn, an essential ability forfostering achievement and growth throughout their lives ... Aprovides new and importantfindings of actual learning experiences involving the am ... It presents these research findings, complete with ground -breaking... data and analysis, as articulated by leading American educational researchers... Perhaps what makes theirfindings so significant is that they all address ways that our nation's educational goals may be realized through enhanced arts learning ... As these researchers have confirmed, young people can be better prepared for the 21' century through quality learning experiences in and through the arts. " -Richard Riley, Secretary of Education The Impact of the Arts on Learning Copyright @2000 Norman M. Weinberger and the Regents of the University of Calif. www.musica.uci.edu `�...� 43 Deanne Hernandez 77-450 Calle Chillon La Quinta, CA 92253 760-771-2559 30 March 2005 Mr. Donald Adolph Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Adolph: I was asked by Judith Trimble, my childrens' piano teacher to write you about current zoning restrictions as they relate to independent music teachers in our city. As a parent and resident of La Quinta, I know that zoning ordinances exist to protect our neighborhood from excessive noise and traffic. These ordinances exist to keep our city safe and clean. As a business person with a licensed in -home office, I observe many licensed home office, in home day care facilities and even residential senior care facilities with our fine city. These all provide services for the community with an impact on traffic equal or greater than that of an in -home piano studio. personally attest to the great benefit As a former piano student in my youth, I can p Y children receive with the home studio of the teacher. It is free from distractions, devoted solely to the cultivation of the childs talent. Not having a home based studio could be detriment to the teacher. He/she would have to travel from home to home without the benefit of the fine instruments and in some cases, acoustics, available with the studio. I urge you to look a the benefits and positive impact that home based piano instructors give the city of La Quinta and consider changing the current city ordinance. Respectfully, Deanne Hernandez Cc: Kathyn Hull, Judith Trimble 44 Prosser Piano4Organ STE IN W A Y GALLERY O March 23, 2005 City of LaQuinta Attn. LaQuinta City Manager LaQuinta, CA Dear Sir, It has come to my attention that at least one (if not more) private piano teacher is in jeopardy of losing their ability to teach out of their home. As a private business owner in Coachella Valley and an advocate for the arts you need to know how devastating a decision like this would have on "active" music makers in our community. The local private music teacher is the backbone of music education in every community in the United States. It is so important that we do everything possible to support their efforts, and at the very least allow them to teach out of their home. Without a doubt these teachers teach because of their love for music and what they are doing for society, not for some terrific financial reward. The Coachella Valley is doing so many wonderful things to support active music makers including the recent Virginia Waring International Piano Competition, let's not take a huge step backward and make it impossible for our local private music teacher to exist. If you have any questions of me, please call me at 760-341-4550. Again, I am a local business owner and a LaQuinta resident. Sincerely, Kevin A. Prosser 47-720 Via Florence LaQuinta, CA 92253 74-040 Highway 111 - Palm Desert, CA 92260 - Tel. 760.341.4550 - Fax 760.341.5455 45 www.prosserpiano.com PIANO WORKS 44489 TOWN CENTER WY #D509 4� PALM DESERT, CA 92260 01 (760) 341-7746 March 24, 2005 To Whom It May Concern: This letter is in support of the piano teachers in La Quinta who are being forced out of their Home Teaching Studios. These teachers provide a valuable service to the community through their efforts in music education. Studies have shown that learning to play the piano -provides benefits beyond the simple joy of music, such as improved self-esteem, poise, as well as enhanced ,math and scholastic skills. Most of these piano students are the children of younger parents who can ill afford the cost of instruction in commercial piano studios. Forcing these teachers out of their home studios will almost certainly raise the cost of tuition above what most families can afford. In light of the negative impact this policy would have on these families and the community at large, we would ask that you reverse this policy. Let these teachers get back to providing the valuable service they provide the community. Sincerely, 7 stev Salmacia President A440 Piano Works, Inc. 46 Laurea Schneider 41800 Petersfield Rd Bermuda Dunes, CA 92203 March 28, 2005 To the La Quinta City Manager: I am writing this letter to voice my displeasure about the recent notice my son's piano teacher received which orders her to cease the musical instruction she offers in her home. As an elementary school teacher in a local school district, I understand the value of being able to teach one on one in a comfortable environment. Unfortunately due to budget reasons, that is simply not possible in the public school system, but now I feel like this ability is being taken away from my son in his private lessons as well. My son has been a student of Mrs. Hull's for three years and she has been teaching him piano out of her studio (which just happens to be her home); please do not take that piece of his life away. Our children need one on one instruction to help them learn more efficiently, develop strong interpersonal skills and to encourage them to grow up to be productive members of society. Mrs. Hull has been a tremendous mentor to our son and has helped him to explore and develop his creativity through music as opposed to other more destructive means. My husband and I are extremely concerned that you are telling Mrs. Hull and other members of the La Quinta community that they can no longer tutor out of their homes. By taking this privilege away, you are causing a great deal of hurt to your community and the ramifications of this action will be felt for a long time. People like Mrs. Hull add more to a community than you can imagine, and if you take that away, you will not only be hurting the children of your community, you will also be hurting yourself. Please reconsider your request to stop the in home teaching that works to better your community each and every day. Thank you for your time. Sincerely, xaz U, " 2-Cam, Laurea Schneider GW] March 26, 2005 To Whom it may concern, My name is Carol Woodward & I am a La Quinta resident. I am writing this today because I am hoping & praying that Kathryn Hull be able to continue teaching from her home. My daughter is currently taking piano classes from her. I feel that teaching from the home is a wonderful way for students to obtain one on one learning at an affordable price. There is not a place in the City of La Quinta for my daughter to learn music one on one, nor a place anywhere in the valley that I can afford. I do understand why the City would not want residents to do business out of there homes, but I feel there should be an exception for teachers. They are a necessity to our community and to our children and I feel they should have a right to provide instruction out of their home to anyone eager to learn. Teaching from the home saves costs for teachers, which in turn helps students and parents both. 1. I believe there are more reasons why a teacher should be able to teach out of their home than there are reasons why they shouldn't. Please take teachers into consideration when determining an exception to the city ordinance. Thanks for your consideration.. Sincerely, Carol L. Woodward 45-455 Deerbrook Circle La Quinta CA 92253 48 To: La Quinta City Manager I'm writing on behalf of Mrs. Hull who teaches piano to my children. She has a very nice studio set .up in her house which makes for a nice atmosphere. My children have taken piano for ten years with three different teachers, all located in La Quinta. They all have had studios in their home, with most lessons given in the afternoon, with no complaints from neighbors. I also grew up taking lessons out of a home, which I feel makes for a comfortable environment. I'd hate to see the city take away such a great lifetime learning experience of music away from the children. Sincerely, Mary Shepardson 49 Deanne Hernandez 77-450 Calle Chillon La Quinta, CA 92253 760-771-2559 30 March 2005 Mr. Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Genovese: I was asked by Judith Trimble, my childrens' piano teacher to write you about current zoning restrictions as they relate to independent music teachers in our city. As a parent and resident of La Quinta, I know that zoning ordinances exist to protect our neighborhood from excessive noise and traffic. These ordinances exist to keep our city safe and clean. As a business person with a licensed in -home office, I observe many licensed home office, in home day care facilities and even residential senior care facilities with our fine city. These all provide services for the community with an impact on traffic equal or greater than that of an in -home piano studio. As a former piano student in my youth, I can personally attest to the great benefit children receive with the home studio of the teacher. It is free from distractions, devoted solely to the cultivation of the childs talent. Not having a home based studio could be a detriment to the teacher. He/she would have to travel from home to home without the benefit of the fine instruments and in some cases, acoustics, available with the studio. I urge you to look a the benefits and positive impact that home based piano instructors give the city of La Quinta and consider changing the current city ordinance. Respectfully, Deanne Hernandez Cc: Kathyn Hull, Judith Trimble 50 -45-5001 ket-brook c /'rc/e La Oufflia C:4 9 — ) ............................................................... March 29, 2005 Tom Genovese P.O. Box 1504 La Quinta, CA 92247 Dear Sir, I am writing this letter in regard to our music teachers not being able to teach music from their homes. As a resident and parent of La Quinta, I think this would be a great disservice to our great community. Our music teachers provide a needed service to our children that is lacking in our schools. My daughter has benefited from taking piano lessons from one of these music teachers, that other wise she would not receive. Not only has she benefited from learning how to read music and play the piano, but we have notice that it goes beyond that. It has helped her improve in her math lessons, and it provides a great after school activity. Someday, we hope that she will be able to be of service to our church in worship and music. So, I am asking that you would reconsider allowing our music teachers to continue teaching from their homes. 1 believe as a community, we all benefit from their services. Sincerely, Katherine Arias 51 March 28, 2005 Georgia Demarbiex 78730 Avenida La Fonda La Quinta, CA 92253 To*Whom It May Concern: I am writing this letter to express concern regarding the City of La Quinta's plan to not allow piano lessons in private homes in our city. This is especially disconcerting as I was a member of a team of individuals who obtained signatures and petitioned for the Cityhood of La Quinta to become reality. When I moved to La Quinta in 1982 it was a rural community and one of the benefits that the founding fathers of La Quinta envisioned was the focus on the arts. I attended and volunteered at the First La Quinta Arts Festival. I am a Registered Nurse at Eisenhower Medical Center and I have offered my services eagerly to help the community. My daughter, Corrie is now twelve years of age and has taken piano lessons at a private home this past year. Piano has benefited her both intellectually and artistically. She has performed at several recitals that were held in the City of La Quinta at a beautiful private home that was specifically designed and built for the purpose of piano lessons/recitals. With so much focus on improving our community with the Old Town image how can the art of music not be in the forefront of the community leaders? My daughter will no longer be able to attend piano lessons if you proceed with banning lessons in private homes. I strongly implore that you reconsider your stand and hold true to the found father's commitment to the Arts in the City of La Quinta and exhibit your commitment by not banning piano lessons in private homes. Sincerely, Georgia Demarbiex 52 Law Offices of HINDEN, GRUESKIN, RONDEAU & BRESLAVSKY a Professional Corporation ATTORNEYS BARRY HARRIS HINDEN LAWRENCE B. HOFFING`- RONALD J. GRUESKIN DIANE S. FINSTON C HARLES R. RONDEAU• RANDV S. LEVY JACK BRESLAVSKV STEPHEN M.HINDEN DIANA L. MARSTEINER ZLATAN MUMINOVIC LAUREN H. EKERLING *Also admitted in New York JEANNIE M. LAGORIO —Admitted in Louisiana HEARING REPRESENTATIVES MARILVN K. HINDEN JUAN L. MARTINEZ HENRY G. FERNANDEZ MAUREEN T. BLAIR City of LaQuinta LaQuinta, CA 81-840 Avenue 46, #201 Indio, CA 92201 (760) 342-3600 (760) 342-33 71 (Fax) March 21, 2005 Re: Zoning Ordinance/Regulation for In -Home Piano Instructors To Whom it May Concern: OFFICE MANAGER BETTY HERNANDEZ OF COUNSEL MAURY D. GENTILE RETIRED JUDGE E-Mail: Hinden@Hinden.net Los Angeles Office 4661 Pico Boulevard Los Angeles, CA 90019 (323)954-1800 Kern County Office 2920 7" Street, #F-11 Bakersfield, CA 93301 (661)716-5555 I am a student of a piano instructor in LaQuinta who provides me with instruction in her home. I understand that there is a zoning ordinance/regulation which requires piano instruction to be given in students' homes, as opposed to in the home of the instructor. I am writing this letter to support the request that piano instructors in the City of LaQuinta be provided with the opportunity to give piano instruction in their home. As both a student of piano, as well as a mother who provided piano instruction to her daughter, through an instructor who gave lessons in her own home, I can unequivocally state that instruction would not have been possible if the instruction had to be held in our home as opposed to the home of the instructor. The interruptions and distractions that would have existed in our home during the time of instruction would have made it impossible. The atmosphere provided in an instructors home is much more conducive for instruction. Not only is the student guaranteed the proper equipment necessary for instruction (a piano), but the quite environment provided in an instructor's home make learning easier. As a side note, some students do not have their own piano, rather practice on a keyboard. It is important in the learning process for the student to experience playing a piano rather than a small practice keyboard. We live in a community where the performing arts are an extremely important part of our society. In order for our young children and adults to take advantage of instruction available for learning such arts, it is necessary that an appropriate learning environment be provided. If our instructors are forced to give instruction in student's homes, there will be a substantial decrease in instructors available. Providing piano instruction is not a very lucrative business and instructors do not make an outstanding living at the prices they must charge in order to teach students. If they are forced to incur the expense of driving to each and every student's home to provide instruction, the expense will literally make it impossible for most instructors to continue in the profession. Lessons held in instructors' homes in no way creates an imposition on anybody. As for the parking in the home of the instructor, only one student at a time is taught. Therefore, not even neighbors are effected by cars in the neighborhood. r 53 Because of the convenience and appropriate learning environment created, and the ability of instructors to maintain a business in providing piano instruction in their homes, I am a strong advocate for the implementation of a regulation allowing piano instruction to be provided in the°homes of the instructors. It is absolutely necessary to protect the performing arts and the ability of our young people to take advantage of learning about the importance of music. Additionally, for me personally, it would be impossible for me to continue piano lessons if they were no longer held in my instructors home. Both for selfish reasons, and for my concern about the continuing growth in the community in the area of performing arts, I respectfully submit this request that consideration be given to allow instructors to provide piano lessons in their homes. truly yours, I� .. .. ...L W. Jeannie Lagorio 54 To whom it may concern, We as parents and students of Ms. Judy Rowley's personalized and outstanding piano instruction are writing on behalf of our children, and requesting the continuation of piano instruction be given strictly from Ms. Rowley's home. Our daughter, Arianna has been a student of Ms.Rowley's for approximately six years now and has benefited immensely from the one-on-one instruction, environment, and learning conducted from her home; as it is an extremely conducive environment and atmosphere for the individualized approach given to my daughter as well as the many students she serves, both young and old alike. We believe that this top-notch instruction would be severely impaired with a requirement to uproot the convenient and comfortable location provided us at this time, and hopefully into the far future. In conclusion, the request of us -parents, students,drivers etc. -is for you to grant Ms. Rowley a variance from the city zoning hall. Please take this matter into consideration, as this affects a great many people. Sincerely, Danielle Lee 55 ATTACHMENT 2 REDLINE VERSION OF ORDINANCE RELATING TO HOME OCCUPATIONS SECTION 1. A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the director of building and safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the city. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. A N MU-1 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. D. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 57 4 cu QaA rrA AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 3, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Special Green Fee Rates for STUDY SESSION: SilverRock Resort PUBLIC HEARING: RECOMMENDATION: Approve a Resolution amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 allowing the City's golf operator to advertise special green fee rates during the off and shoulder seasons pending the City Manager's approval. FISCAL IMPLICATIONS: The purpose of the Special Green Fee Rate advertising is to generate more revenue during the off and shoulder seasons and compete with other high profile golf facilities in the Coachella Valley that offer special green fee rates. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 16, 2004, City Council approved Resolution No. 2004-137 (Attachment 1) establishing the rate schedule for the Arnold Palmer Classic Course at SilverRock Resort. The rate schedule allows the golf operations management company to negotiate group and tournament rates. The rate schedule lists Specials with "Rates to vary based upon utilization" for the Desert Sun Special, the Golf Pass Book, and the Palm Springs Golfer. szz S:\CityMgr\STAFF REPORTS ONLY\65 Special Fee Rates.doc On April 5, 2005, City Council approved the SilverRock Resort Complimentary Play Policy (Attachment 2). The policy allows the golf operations management company to approve and track complimentary play for the Media, Golf Industry Professionals, representatives of the Tourism and Hospitality Industry, and SilverRock Resort Employees. The purpose of the policy is to promote SilverRock Resort with minimal impact to golf course revenues. Currently, other valley golf courses are offering advertised specials to attract more golf revenues (Attachment 3). Landmark Golf Management and McMurry Marketing both recommend special green fee rates to increase revenues, promote the City of La Quinta and its golf resort, and remain competitive with other golf facilities in the Coachella Valley. The Golf Course Management Agreement between the City and Landmark provides for City Council establishment of "fees and charges for greens fees (which shall include use of a golf cart) and the driving range." This proposed amendment would authorize Landmark to run specials and other discounts with approval of the City Manager. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 allowing the City's golf operator to advertise special green fee rates during the off and shoulder seasons pending the City Manager's approval; or 2. Do not approve a Resolution amending the Golf Course Rate Schedule as adopted in Resolution No. 2004-137 allowing the City's golf operator to advertise special green fee rates during the off and shoulder seasons pending the City Manager's approval; or 3. Provide staff with alternative direction. Respectfully submitted, jimothy J n on, P.E. Public Works Di Yctor/City Engineer 224 S:\CityMgr\STAFF REPORTS ONLY\135 Special Fee Rates.doc 2 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 2004-137 (Golf Rate Policy) 2. SilverRock Resort Complimentary Play Policy 3. Specials Advertised by Other Golf Facilities S:\Cit M r\STAFF REPORTS ONLY\B5 Special Fee Rates.doc "- 2 v g 3 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING GOLF COURSE RATE SCHEDULE AS ADOPTED IN RESOLUTION NO. 2004-137 WHEREAS, rates and policies were adopted by the City Council in Resolution No. 2004-137 on November 16, 2004. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, as follows: 1 . Approves the following addition to the golf course rate schedule for the Arnold Palmer Classic Course at SilverRock Resort: 2005 2005 Reservation Jan -Apr 30 Dec 26-Apr 30 Type Weekday Weekend Specials Golf Course Operator Advertised Specials (With City Manager's Approval) N/A N/A 2005 2005 May 1-Dec 25 May 1-Dec 25 Weekday Weekend Rates to vary based upon utilization PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California .226 4 Resolution No. 2005- SilverRock Resort Golf Course Rates Adopted: May 3, 2005 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 24017 5 ATTACHMENT 1 RESOLUTION NO. - 2004-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GOLF COURSE RATES AND POLICIES FOR THE ARNOLD PALMER CLASSIC COURSE AT SILVERROCK RESORT WHEREAS, in June 2002, the La Quints Redevelopment Agency (Agency) purchased 525 acres of land, originally known as The Ranch and later named SilverRock Resort, to be developed with golf, hotel, retail, and recreation uses; and WHEREAS, the Agency acquired the property to create a world -class destination resort; to generate transient occupancy and sales tax revenues for the City; and to provide tournament -quality golf and recreational opportunities for residents and visitors; and WHEREAS, on May 30, 2003, the Agency selected Palmer Course Design r--- Company as golf course architect for the Phase 1 tournament quality golf course, and subsequently named the golf course the Arnold Palmer Classic Course at SilverRock; and WHEREAS, golf course construction will be completed in January 2005; and WHEREAS, rates and policies must be approved by the City Council before the golf course opens for play. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, as follows: 1. Approves the attached golf course rate schedule and policies for -the Arnold Palmer Classic Course at SilverRock Resort. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of November, 2004, by the following vote to wit: 228 6 Resolution No. 2004-137 SilverRock Golf Course Rates Adopted: November 16, 2004 Page 2 AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Moor City of La Quinta, California ATTEST: I '. J) JU E . REEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: /Z"A M. KATHE NE JENSO , Ity Attorney City of La Quinta, California 229 SilverRock Resort j itcsid W Qeatificet see Brochure How to Get Card City Hall How Much $15.00 Per Year Per Round $55/45/30 Lost Gad $15.00; Reissue New Numbs Howl caRp Sy*m $10.00 above SODA (currently Annual Fee Qaa.1-De:. 31) Pract Range U*d golfIN $10.00 Per Hour $7.50 Per Half Hour Private Golf Carts No wsJ�ing. with Nkna&s Pr q AppnovaL Tpr h&s Program $tuff InetrnicMrs-PGA Hourly Assistant-75% of Leman Saluy AmMu► s-85% of LeMM Hour lA ssons - $75 85% of Lem= ainics Junior Golf PW= TBD City Fmp4w ad City Rathw Rates P"idatt Rate do PriO&M Rental Clubs $0 Name Brand Ae&wTw Than Individual 90 Days Groups 1 Year Resident Ades 3 Days ?vo RULES GOVERNING USE OF LA QUINTA RESIDENT CARD 1.1A Quinta Resident Cards maybe used only by the registered card holder. 2. La Quinta Resident Card holders may book tee times up to three days in advance. 3. La Quinta Resident Card holders reserving atee time more than three days in advance, or playing as a part of a group in a tee time made more than three days in advance, will be charged the full posted rate. 4. Guests of la Quints Resident Card holders do not receive the resident discount rate. Guests will be charged the full posted rate. 5. La Quints Resident Cards must be shown at the time of check -in. Residents who do not present their La Quanta Resident Card will be charged.the full posted rate. 6. La Quint a Resident Card holders are required to guarantee tee times with a credit card. No -shoves will be billed the full posted rate. Cancellations are accepted but must be received 24 hours prior to the scheduled tee time. 7. Resident Cards are valid for one year and expire at the end of the month in which they were issued. The annual renewal fee is $15.00. 8. Lost or stolen cards maybe replaced for a fee of $15.00. The City of La Quinta reserves the right to change, add, or delete rules and regulations at its sole discretion without advance notice. SILVERROCK'" R E S O R T City of La Quinta Community Services Department P.O. Box 1504, La Quinta, CA 92247-1504 78-495 Cabe Tampico, La Quinta, CA 92253 Tel: 760.777.7090 • Fax: 760.777.1231 LA QUINTA RESIDENTCARD INFORMATION. SILVERROCK' R E S O R T 231. 9 WHAT IS THE LA QUINTA RESIDENT CARD? It is a card that provides discount golf rates for La Quinta residents at the City's SilverRock Resort golf course. WHERE CAN I GET MY LA QUINTA RESIDENT CARD? You may purchase it at La Quinta City Hall, at the Community Services Department, for $15.00, Monday through Friday, 8:00 a.m. to 5:00 p.m. Please call 777-7090 to schedule an appointment. La QWata Resident Cards will not be issued at SbmrRock Resort, WHAT DEFINES RESIDENCY? Residency is determined by a person's primary residence according to the California Vehicle Code, Section 1205 or, proof of owncrship of a residential dwclling in La Q-Linta as supported by a Riverside County Tax Assessor record. You must also provide a utility bill for that address in your name. La Quinta Resident Cards will only be issued to individuals who provide proof of residency. Please note: Commercial property ownership, vacant residential property ownership, or employment in the City of La Quanta does not qualify an individual for a La Quinta Resident Card. HOW DO I PROVE RESIDENCY? The following pieces of information are needed: 1. A current California Driver's License (CDL) or current California Identification Card (CID) issued by the California Department of MotorVehicles (DMV) with a La Quinta address; OR A current Riverside County Tax Assessor record with a La Quinta address residential dwelling unit identified and a photo identification with the same name as the tax record; AND 2. A current utility bill with the same name and address as the CDL, CID and Riverside County ThxAssessor record address. No exceptions to the above proof of residency will be accepted. If you have moved to La Quinta and your CDL does not reflect your La Quinta address, you may use the change of address card you received from the DMV with the La Quinta address as proof of residency along with your CDL or current tax record.and a utility bill. HOW DO OTHERS IN MY HOME PROVE RESIDENCY? A spouse must show a CDL or CID with a La Quinta address or change of address card issued by the DMV with the La Quinta address, or be listed on the residential property tax record. The utility bill of his/her spouse is acceptable but it must reflect the same last name and last year's tax return with both names and the La Quinta address listed. If last names are different, a marriage certificate is required. If both last names appear on the utility bill, both may receive La Quinta Resident Cards. Children, dependents (up to the age of 23), and extended family members living in the home may obtain La Quinta Resident Cards by providing one of the following: A. Student photo identification card and proof of residency such as a report card with the same address of the guardiap as stated above; OR B. CDL with a La Quinta address and parents' utility bill showing the same last name; OR C. Legal documentation that child or dependent is the resident's dependent and proof of residency as stated above. HOW DOES MY SIGNIFICANT OTHER PROVE RESIDENCY? Each person must provide a CDL or CID with a La Quinta address or property tax record and one utility bill in his/her name. If he or she does not pay the utilities, two current bills such as credit card bills and bank statements with their La Quinta address must be provided. IF I'M A IA QUINTA BUSINESS OWNER, DO I QUALIFY FOR THE LA QUINTA RESIDENT CARD? Only residential units are eligible for a la Quinta Resident Card HOW DO I GET MORE INFORMATION? For information regarding the La Quinta Resident Card, you may call 777-7090. For DMV information, you may contact the Indio office at 342-2288 or Palm Springs office at 327-1521. 10 232 8 8 8 8 8 �• . H dl H H H H . $ $ 8 8 8, •. 8• s a S a 51 m H H H H H H tl! H N N H N igt9 ig N N N N H H 888 8 8 999 a H H H H H H t t t 8 N N H H 233 11 ATTACHMENT 2 SILVERROCK RESORT COMPLIMENTARY PLAY POLICY The City of La auinta desires to offer discounted and/or complimentary play to members of the media and members of the golf industry who will promote the reputation of SilverRock Resort as a premier golf resort. Donating Rounds All charity and community groups who request golf rounds for use as gifts or fundraisers must do so through the City grant process. Golf requests will be brought forward for City Council consideration with the other grant applications. Complimentary Play Policy Play and practice at SilverRock Resort is regulated with this policy; however, the City does have a fiscal responsibility to maximize revenues and maintain the conditions of the Resort. Therefore, complimentary play must not displace that of a paying guest. All persons who play golf at SilverRock Resort are to be entered through the Point of Sale system regardless of whether the round is purchased or is complimentary. Any person not paying a fee to play must be approved by one of the following persons: Director of Golf or the First Assistant/Head Professional. All complimentary golf receipts are to be attached to the Complimentary Play Form, which must be filled out completely. Complimentary Play Forms will be submitted to the Director of Golf. The Director of Golf will provide monthly reports of all complimentary play to the Public Works Director. These reports will contain copies of the filed Complimentary Play Forms and records generated from the Point of Sale system for that month. Media Play Complimentary rounds for members of the media are available on an "as requested" basis subject to the approval of the Director of Golf. It is the intent of this provision to promote the golf course through publications, television, or radio exposure. 234 12 PGA and Members of the Golf and Golf Hospitality Industry It is advantageous to SilverRock's reputation to have professional golfers, as well as members of the golf and golf hospitality industry, play the course. Therefore, members of the Professional Golfers Association (PGA) will be allowed to play on an "as available" basis subject to approval of the Director of Golf at the PGA paid rates established by the SilverRock Resort recommended golf rates as approved in Resolution 2004137. PGA members must contact the pro shop 24 hours in advance to check tee time availability and present appropriate credentials at time of check in to play at this rate. The above mentioned rates will also be extended to members of the golf and hospitality industry on a case -by -case basis subject to approval by the Director of Golf. Tourism/Hospitality Industry Complimentary rounds for the tourism/hospitality industry, such as meeting planners, special event planners, hotel sales/marketing staff and tourism agency representatives, are available on an "as requested" basis subject to the approval of the Director of Golf. It is the intent of this provision to promote sales and marketing efforts for group business. SilverRock Resort Employee Play As a benefit to Landmark Golf employees employed at SilverRock Resort, limited free play is allowed subject to approval by the Director of Golf. The following are minimum requirements: 1. No tee time reservations may be made in advance. Free play shall be based on tee time availability that does not impact paid play in any way. 2. The golf course must be deemed open for play (i.e., no playing prior to the first tee time). 3. All players must register and obtain a receipt from the golf shop. 4. Whether the complimentary play will interfere with the play of a fee paying player is at the sole discretion of the golf professional on duty. (Interfering with play includes using a golf cart necessary to the operation, overcrowding the course, or using potentially marketable tee times) . 235 13 5. Between October 1 and April 30, complimentary play will be limited to Monday through Thursday. Full-time employees may, upon special consideration and within the guidelines of this policy, receive special permission for play Friday through Sunday. 6. Part-time employees may not play more times per week than days worked. 7. Each employee must leave the course in an improved condition to how they found it (pick up trash, fix extra ball marks, etc.). 8. Employees playing golf must adhere to the dress code established for SilverRock Resort patrons (i.e., no work uniforms, jeans, etc.). 9. Practice privileges are also limited and based on availability. Practice is not permitted during busy periods, when practice would displace guests wishing to use any part of the practice facility. Practice facility use is at the discretion of the golf professional on duty. 10. Any time an employee is at SilverRock Resort, it is expected that the employee understands he/she is an employee whether they are on duty or not and proper behavior is always expected. All guests will be respected and treated as guests at all times. Any negative incidents or deviations from this policy may result in a suspension from work and privileges. 0 36 14 For Tee Times Call: (760) 200-8988 INDIAN SPRINGS Goar AND couvTxr Cava $79 Weekday - $55 Twilight $89 Weekend - $60 Twilight - °" »► owto ------------------------------------ ----------------- $10 DISCOUNT Valid April 3rd-May 26th : �"��" r" Between ]lam to 1pmwith coupon (Not valid with Twilight or Tournaments) ,�wwarut *By Desert Golf Magazine _.. _... Ask about our 10 & 20 Play includes green fee, "Spring Tkne Parrot Passes �� cart & range balls. fora INNS n Breakfast Special inckxles green fee, Before 7:30am �g cam, t ed 7 Days -A -Week sandwich & beverage i' Sun-Thur Fri & Sat Prime Time Rate $49 $55 Super Twilight 7 Days -A -Week Starts at 3..,Wm $2� 34&2781 Not valid with any other offer. Expires 4/30/05 ATTACHMENT 3 237 15 Mon. Mrsdaz Afternoon Golf From $75* 760-564-5729 a LaQuintaResomcom R"Off&cw5 LA QUWT& CAUFOFNA PGA WEST. *Va)W daily slier i pm throvigh May 1. Rvxrvttiom may be made up w three days In scivana for up 0 kw PISYCM suslect to availability. $75.mgc applies to L Quint& Resort Dunes Count. Rate is $110 06 all other is Qjirws Rem and PGA WW Galf.Counia. 16 BUSINESS ITEM 5 HAS BEEN PULLED FROM THE MAY 3, 2005 AGENDA ( ,30 VIA COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Consideration of a Resolution Approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2004/2005, and a Resolution Declaring Intent to Levy Annual Assessments for Landscape and Lighting Assessment District 89-1, and Giving Notice Thereof RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: C� CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 ("District"), Fiscal Year 2005/2006; and Adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. FISCAL IMPLICATIONS: Adoption of the Resolutions is required in order to levy the annual assessment for the District. The estimated total assessment for Fiscal Year 2005/2006 is $1,406,300 for maintenance of public streets, traffic signals, medians, and parkways. Park maintenance costs have been separated from the District costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 1989, the City Council formed a Citywide Landscape and Lighting Assessment District to fund costs associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities associated with the District, as outlined in Attachment 1. 240 An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The Preliminary Engineer's Report, prepared by City staff and MuniFinancial with parcel reconciliation support by MuniFinancial, provides the required information for the District for Fiscal Year 2004/2005. The Preliminary Engineer's Report projects the following for Fiscal Year 2005/2006 in comparison to the Fiscal Year 2004/2005 Engineer's Report: FY 2004/2005 FY 2005/2006 Citywide Benefit Zone Yes Yes Number of Local Benefit Zones 6 6 Number of Equivalent Dwelling Units (EDU's) 23,280 23,656 EDU Rate $35.60/EDU $35.60/EDU District Revenue $828,783 $842,157 These calculations will be finalized for the Final Engineer's Report in order to provide the most accurate assessment possible. In accordance with previous City Council direction, all residents, including those within the six (6) local benefit zones, will be assessed at a flat rate. The methodology has remained the same under the provisions of Proposition 218. At this time, the estimated Fiscal Year 2005/2006 District exempt cost is $1,406,300. Based on this estimate, the citywide benefit assessment would be $59.45/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved by a 2/3 majority in a public vote. Balloting to raise the assessment can be initiated by City Council at any time. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The City Council is required to approve the preliminary Engineer's Report and schedule a Public Meeting and Public Hearing date to allow affected property owners an opportunity to provide public testimony regarding the proposed changes. Approval of the Preliminary Engineer's Report does not obligate the City to the fees proposed. Only after the Public Meeting and Public Hearing are conducted, can the City Council adopt assessment fees for Fiscal Year 2005/2006. The Public Meeting and Public Hearing are scheduled for the May 17, 2005 City Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve the assessment levels based upon testimony received at the Public Meeting and Hearing. S:\CityMgr\STAFF REPORTS ONLY\5-3-05\B7 L&L 89-1.doc 2 241 The Landscape and Lighting Act of 1972 allows the option of noticing the Public Meeting/Hearings for citywide districts through the newspaper or by individual notices. The estimated cost to provide individual notices is approximately $5,000. For the Fiscal Year 2004/2005, the City Council opted to notice the Public Meeting and Hearing in the newspaper, thus avoiding the $5,000 in estimated costs. The cost to notice in the newspaper is approximately $250. Attachment 2 is the proposed notice. To proceed with the recommended changes proposed in the preliminary Engineer's Report (Attachment 3) for the District, the City Council must: Adopt a resolution approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2005/2006; and Adopt a resolution declaring intention to levy annual assessments for construction, maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. A Public Meeting and Hearing will be scheduled to allow public testimony before the City Council. The Public Meeting and Hearing dates will be noticed through the newspaper unless otherwise directed by the City Council. Upon conclusion of the Public Hearing, the City Council may adjust the assessment levels as necessary and adopt a resolution confirming the assessment diagram and assessment level. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2005/2006 and adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; or 2. Reject the Preliminary Engineer's Report and provide staff with possible revisions to the report for future consideration; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo as o , P.E. Public Work ire r/City Engineer S:\CityMgr\STAFF REPORTS ONLY\5-3-05\B7 L&L 89-1.doc 3 242 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Annual Activities 2. Notice of Public Meeting 3. Preliminary Engineer's Report 243 S:\CityMgr\STAFF REPORTS ONLY\5-3-05\B7 L&L 89-1.doc 4 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2005/2006 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report"); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3d day of May, 2005, 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 244 5 Resolution No. 2005- Landscape and Lighting Assessment District No. 89-1 Adopted: May 3, 2005 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 6 245 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-111" shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2005 and ending June 30, 2006 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the Landscape and Lighting Assessment District 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act"). 246 Resolution No. 2005- Landscape and Lighting Assessment District 89-1 Adopted: May 3, 2005 Page 2 SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's report for Landscape and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2005 and ending June 30, 2006 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that the 17th of May 2005, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. SECTION 6. Notice is hereby given that the 17th day of May 2005, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. �47 8 Resolution No. 2005- Landscape and Lighting Assessment District 89-1 Adopted: May 3, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2005, 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 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 ANNUAL ACTIVITIES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT Adopt the following Resolutions: 1 . Approve Preliminary Engineer's Report (May 3, 2005) 2. Intention to levy annual assessment and notice of Public Meeting/Hearing (May 3, 2005) 3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (May 17, 2005) 4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (May 17, 2005) 241 10 ATTACHMENT 2 NOTICE OF PUBLIC MEETING AND HEARING BY THE CITY OF LA QUINTA LA QUINTA CITY COUNCIL CHAMBERS 78-495 CALLE TAMPICO PUBLIC HEARING/MEETING: May 17, 2005 TIME: 7:00 p.m. TO CONSIDER: The Fiscal Year 2005/2006 Annual Assessment for Landscape and Lighting Assessment District 89-1 . Maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety. At the Public Meeting, City staff will present the proposed assessment levy and will accept questions thereon. At the Public Hearing, the City Council will hear comments in support of and protests against the annual levy prior to acting on the levy of assessments for Fiscal Year 2005/2006. Any property owner may mail a protest against the assessment to the City of La Quinta, Timothy R. Jonasson, Public Works Director/City Engineer, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, CA 92253. The Landscaping and Lighting Assessment District 89-1 is divided into zones based on the level of benefit. Citywide Benefits enhance the value of all properties within the District, and include the maintenance of medians, traffic signals and safety lighting in areas zoned commercial, on major thoroughfares, including all roadways that may be four lanes and greater, retention basins, bike trails and sidewalks. The costs of the City to administer these facilities are also considered a citywide benefit. Local Benefits include the operation, servicing and maintenance of the facilities serving only properties within localized areas, including maintenance of medians, back up landscaping, traffic signals and safety lighting on localized streets, which include all roadways that are two lanes. The facilities proposed to be maintained include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer these facilities are also considered a local benefit. 11 250 The assessment rates for Fiscal Year 2005/2006 are based upon Equivalent Dwelling Units (EDU's). The subdivided single-family residential lots less than one acre in size have been selected as the basic unit for calculation of the benefit assessments. All single-family residential parcels less than one acre in size are assigned 1.00 EDU. In determining the EDU's for improved nonresidential properties and residential properties larger than one acre, parcels are assigned 5.00 EDU per acre, based on the average number of typical single-family residential lots per acre. Rural/Estate Residential is defined as "underdeveloped residential." This describes land zoned as residential which is greater than 1 acre in size, but has one residential unit. The first acre will be considered as one equivalent dwelling unit with a rate applied of 0.33 EDU's for each acre or portion thereof above and beyond the initial acre. Golf courses are assessed at the rate of 10% of developed nonresidential properties, or 0.50 EDU per acre with a minimum of 1.00 EDU per parcel. Properties with agricultural classifications are assessed at the rate of 5% of developed nonresidential properties or 0.25 EDU per acre with a minimum of 1.00 EDU per parcel. Parcels of land located in areas zoned Hillside Conservation will be assessed on the basis of allowable development, or 0.10 EDU per acre. Vacant property is assessed at the rate of 33 % of developed property. Vacant residential parcels (single-family residential parcels less than one acre in size, which do not have structures on them) are assigned 0.33 EDU per parcel. Vacant nonresidential parcels (parcels which are not single-family residential parcels, and which do not have structures on them) are assessed based on their parcel size. Vacant nonresidential parcels in Annexation Area No. 9 will be assessed at a rate of 5.0% of those parcels located outside Annexation Area No. 9. The annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election. FOR ADDITIONAL INFORMATION, CONTACT MR. TIMOTHY R. JONASSON, P.E., PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7042. 12 251 ATTACHMENT 3 CITY OF LA QUINTA ENGINEER'S ANNUAL LEVY REPORT REPORT FISCAL STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRIC ASSESSMENT DISTRICT No. 89-1 • INTENT MEETING: May 3, 2005 PUBLIC HEARING: May 17, 2005 Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office Locations: Anaheim, CA Lancaster, CA Los Angeles Regional Office Oakland, CA www.muni.com Phoenix, AZ Sacramento, CA Seattle, WA 2523 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Qu i nta Street Lighting and Landscape District Assessment District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of MuniFinancial Assessment Engineer On Behalf of the City of La Quinta in Adina Vazquez, Project Manager District Administration Services in Richard Kopecky R. C. E. # 16742 , 2005. 14 253 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT ASSESSMENT DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of , 2005. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of 1200 5. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2005. BY: June S. Greek, City Clerk City of La Quinta Riverside County, California 254 15 TABLE OF CONTENTS I. OVERVIEW........................................................................................................................1 A. INTRODUCTION............................................................................................................................ 1 B. HISTORICAL BACKGROUND AND LEGISLATION............................................................................... 1 II. DESCRIPTION OF THE DISTRICT.......................................................... 3 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT.................................................... 3 B. IMPROVEMENTS WITHIN THE DISTRICT.......................................................................................... 3 III, METHOD OF APPORTIONMENT..............................................................4 A. GENERAL.................................................................................................................................... 4 B. BENEFIT ANALYSIS...................................................................................................................... 4 C. METHODOLOGY........................................................................................................................... 5 IV. DISTRICT BUDGET............................................................................................... s A. DESCRIPTION OF BUDGET ITEMS.................................................................................................. 9 B. DISTRICT BUDGET..................................................................................................................... 10 APPENDIX A DISTRICT ASSESSMENT DIAGRAMS................12 APPENDIX B 2005/2006 ASSESSMENT ROLL ................................. 13 ?a5 16 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 I. overview A. Introduction The City of La Quinta ("City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape Maintenance District, Assessment District No. 89-1 ("District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report ("Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2005/2006. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2005/2006 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2005/2006. B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, MuniFinancial Page 1 256 17 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including but not limited to: personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: • Landscaping and Appurtenant Facilities include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. MuniFinancial Page 2 18 207 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments. Specifically, landscaping and lighting improvements installed in connection with the development of these parcels.. The desirability of properties within District is enhanced by the presence of well - maintained parks, landscaping and lighting improvements in close proximity to those properties. MuniFinancial Page 3 19 258 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection. • Increased nighttime safety on roads and highways. • Improved ability of pedestrians and motorists to see. • Improved ingress and egress to property. • Reduced vandalism and other criminal acts and damage to improvements or property. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. MuniFinancial Page 4 2� 9 20 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method, which distributes the net amount to be assessed, among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels, and the improvements and services provided, to proportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and services of the improvements within the District are and equitably distributed among each assessable parcel based upon the estimated special benefit received by each parcel. Equivalent Dwelling Units. To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development or, development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements is apportioned as a function of land -use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than a SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. MuniFinancial Page 5 f)60 21 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Land Use EDU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential --T1.0 + 0.33 per acre in excess 1 acre Single -Family Residential. The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential uses are assessed one (1) EDU. Non -Residential. The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. Vacant Residential. Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single- family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential. Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The average development in La Quinta typically occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses. Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural. Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. MuniFinancial Page 6 961 22 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Hillside Conservation. Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9). Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. Rural/Estate Residential. Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property. Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for FY 2005/2006 over or above the maximum rate established. The proposed rate per EDU for FY 2005/2006 is the same rate assessed for FY 2004/2005. The base assessment rate to be approved for Fiscal Year 2005/2006 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected revenue of $842,157. The City proposes the remaining $1,519,743 be funded through a General Fund contribution of $1,419,743 and $100,000 of revenue from CSA 152. MuniFinancial Page 7 262 23 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and ' maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. Uniform Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software — This item reflects the costs of software programs. Small Tools/Equipment— Includes non -capital small tools and equipment. Administration Services District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal MuniFinancial Page 8 24 263 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2005/2006 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2005/2006 is summarized on the next page in Table 1. MuniFinancial Page 9 25 964 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Table 1 Fiscal Year 2005/2006 Budget Expenditures Fundin Fiscal Year 2005/06 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $143,200 $52,200 $91,000 Employee Benefits $26,600 $9,700 $16,900 Insurance Benefits $31,800 $12,700 $19,100 Workers Comp Insurance $7,200 $2,700 $4,500 Other Benefits & Deductions $2,400 $900 $1,500 Stand By $6,500 $3,400 $3,100 Stand By Overtime $4,900 $3,000 $1,900 Overtime $100 $100 Total Personnel $222,700 $84,600 $138,100 Contract Annual Lighting & Landscape Report $15,000 $15,000 Services Landscape Lighting Maintenance $187,500 $150,000 $37,500 Riverside County Tax Roll Admin Fee $3,000 $3,000 Citywide Maintenance Contract $838,200 $570,000 $268,200 Traffic Signals Maintenance/Repair $76,300 $76,300 Tree Trimming $60,000 $45,000 $15,000 Security Service - Corporation Yard $900 $900 Total Contract Services $1,180,900 $860,200 $320,700 Rental Services Uniforms $600 $600 Total Rental Services $600 $600 Vehicle Facilities Charges $250,000 $250,000 Operations Fleet Maintenance $65,100 $60,500 $4,600 Total Vehicle Operations $315,100 $60,500 $254,600 Utilities Electric $200,200 $112,100 $88,100 Phone $300 $300 Water $271,900 $146,800 $125,100 Total Utilities $472,400 $258,900 $213,500 Travel Training $1,500 $800 $700 & Meetings Total Travel Training & Meetings $1,500 $800 $700 Information Computers Printers and Services $1,700 $1,700 Technology Total Information Technology $1,700 $1,700 Operating Plant Replacement $18,800 $12,000 $6,800 Supplies Graffiti Removal $5,700 $4,700 $1,000 Safety Gear $500 $400 $100 Field Materials $98,700 $78,900 $19,800 Total Operating Supplies $123,700 $96,000 $27,700 Small Tools / Non -Capital $500 $200 $300 $500 $200 $300 Equipment Total Small Tools/Equipment Total Landscape & Lighting Budget $2,319,100 $1,363,500 $955,600 District Public Works Administration $14,300 $14,300 Administration Citywide Administration $28,500 $28,500 Total District Administration $42,800 $42,800 Total Landscape & Lighting Expenditures $2,361,900 $1,406,300 $955,600 Less CSA 152 Revenue $100,000 Less General Fund Contribution $1,419,743 Balance to Levy $842,157 Total EDU 23,656.70 Levy Per EDU $35.60 MuniFinancial Page 10 265 26 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 The following information was obtained from the Riverside County Assessor's Tax Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. Land Use Parcel Count Estimated Acres EDU's 2005/2006 Levy Agrigcultural Parcels 21 548.59 137.15 4,882.36 Exempt Parcels 1,662 9,378.62 0.00 0.00 Golf Course Parcels 235 2,681.46 1,382.85 49,227.76 Hillside Conservation Parcels 19 758.62 75.86 2,700.50 Non -Residential Parcels 178 436.60 2,188.10 77,896.36 Rural / Estate Parcels 76 458.28 227.06 8,082.78 Single Family Residential Parcels 16,289 1,363.34 16,289.00 579,888.40 Vacant / Remote Parcels 29 495.85 307.89 10,960.70 Vacant Non -Residential Parcels 467 2,091.64 2,425.42 86,340.78 Vacant Residential Parcels 1,889 607.40 623.37 22,176.86 Total 20,865 18,820.40 23,656.70 842,156.50 MuniFinancial Page 11 266 27 City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Appendix A — District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. MuniFinancial Page 12 2 6'+ City of La Quinta Fiscal Year 2005/2006 Engineer's Annual Levy Report Street Lighting and Landscape Maintenance District Assessment District No. 89-1 Appendix B — 2005/2006 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2005/2006. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. MuniFinancial Page 13 29 268 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 3, 2005 CONSENT CALENDAR: ITEM TITLE: Discussion Regarding Security Cameras STUDY SESSION: At City Facilities PUBLIC HEARING: RECOMMENDATION: Provide direction regarding placement of security cameras at City facilities. FISCAL IMPLICATIONS: None for this action. Should the City Council direct staff to further research the concept of placing security cameras at City facilities, installation and monitoring costs will be presented for City Council consideration at a future Council meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has experienced a tremendous increase in the use of public park facilities in the past few years. With this increase has come an increase in reports of acts of vandalism and graffiti at all City parks and SilverRock Resort. The following information provides general details as to the magnitude of vandalism and graffiti at select facilities. La Quinta Park The La Quinta Park was opened to the public in September 2003. Since that date, City staff has spent 1,773 personnel hours responding to calls for graffiti removal, (which has cost the City approximately $35,460), and 179 personnel hours to repair or replace equipment due to vandalism, (costing approximately $3,580). These costs do not include the cost of materials and replacement equipment (estimated at over $4,000), for a total cost of $43,040. Acts of vandalism at the La Quinta Park have included the burning of trash cans, benches and shade 269 structures; destruction of the light bollards around the park; break-ins at the snack bar where equipment was stolen and/or broken; and having door locks damaged beyond repair and roof tiles broken and removed. Copies of police reports and vandalism reports are available for review in the Community Services Department. Fritz Burns Skate Park The skate park at Fritz Burns Park has been vandalized twice in the past; both times the safety rails on the back of the ramps were destroyed, so much so that the park was closed for public use until the equipment parts could be repaired. In addition, one of the grind rails has also been stolen from the skate park. La Quinta Sports Complex The La Quinta Sports Complex has had drinking fountains broken off the wall, door locks broken off the door, and trash cans and shade structures set on fire. Cove Oasis Trailhead The Cove Oasis Trailhead has had the emergency call box vandalized many times, the drinking fountain broken, small fires started, and graffiti written on the tables and benches. City Hall The City of La Quinta motor pool vehicles are parked in the City Hall parking lot. During the weekend of March 5th, the City's CNG (Compressed Natural Gas) Honda was stolen from the lot. Weeks prior to the theft of the car, a tire had been removed from the vehicle while it was parked in the lot. SilverRock Resort Soon after the opening of the Arnold Palmer Classic Course, a patio table and chairs was reported missing, in addition to a walk -behind lawn mower. While other City facilities have been subject to vandalism and graffiti, the extent of damage or theft has been minimal compared to the incidents listed above. In order to take a proactive approach to protection of the City's facilities from vandalism and theft, and to reduce the costs associated with repair or replacement of equipment, staff has been researching the use of security cameras at public facilities. By requesting information via a statewide communication network of Recreation Administrators, staff found several cities that have used security cameras at, public facilities to apprehend individuals who had destroyed public property. The cities 00 270 that responded to the request for information include: Chico, Turlock, Yucaipa, Culver City and Palm Desert. In addition, the City of Riverside is in the process of having security cameras installed at their parks due to the same issues faced by the City of La Quinta. Of the cities that responded, several stated that their City police department monitors the activity captured by the security cameras. A majority of the police departments, however, do not actively monitor the cameras but monitor the activity once a call for service has been placed to that facility. An example of this would be if cameras were in place at the La Quinta Park and someone called to report vandalism in progress, the police would then monitor the camera at La Quinta Park to view that specific location. In addition, a few Cities use security cameras monitored by the police department as a means of deterring vandalism and graffiti at their skate parks. The police do not monitor the skate parks as a method of enforcing the rules. The Joint Powers Insurance Authority (JPIA), of which the City is a member, recommends if a City uses security cameras at their parks, especially their skate parks, that a sign be placed at the site stating that there is a security camera in use to deter vandalism and graffiti, and that it will not be used for enforcement of skate park rules. This would clarify that the skate park is not monitored for enforcement of its rules; therefore, the City would not be held liable for injuries that occur at the skate park. In Palm Desert, the Coachella Valley Recreation and Park District monitors the Palm Desert Civic Center Park. The system used at the Palm Desert Park is a system that records several locations in the park on a "loop tape," meaning the tape records over itself at the end of its loop until it is removed from the machine. This method is effective for reviewing the tape after graffiti or vandalism is reported at a location covered by the security camera. However, if the act of vandalism is not performed directly in front of the camera lens, the individual may be unrecognizable, negating any potential benefit of having captured the image on tape. According to the City Attorney, in the case of the United States v. Teketa (gtn Cir.1991), the court upheld the use of video surveillance, and stated: "Video surveillance does not in itself violate a reasonable expectation of privacy. Videotaping of suspects in public places such as banks does not violate the Fourth Amendment; the police may record what they normally may view with the naked eye." Staff has had conversations with the La Quinta Police Department, which responds to calls of vandalism and graffiti at the City's facilities. According to Sgt. Shields, the La Quinta Police Department would find it extremely helpful if vandals were caught on tape "in the act" by a monitoring service, who would then call the Police at the time of the vandalism. The Police would have a proactive chance of apprehension instead of trying to find the vandals after the fact. 271 Staff is seeking City Council direction regarding the installation of security cameras at City facilities to better identify and apprehend individuals that destroy public property. If the City Council were to deem the use of security cameras at City facilities in the best interest of the protection of City property, staff would recommend the La Quinta Park be the first facility to be protected with a security camera system. In preliminary discussion with ADT Security Systems, Inc, (ADT), which is the security service used by the City for burglar alarm services, ADT offers security camera services that would provide the City with the coverage it desires. The system would include several cameras mounted on existing light poles at the La Quinta Park, which would provide video coverage of the entire park, including the snack bar building. Attachment 1 provides a park layout identifying the various amenities at the park. The system would also include an 18-channel digital recorder for video storage and a monitor for review of the stored digital images that could be viewed by the police after an act of vandalism is reported to them. In addition, a monitoring service is available through ADT that could periodically monitor the activity at the park via the security cameras and call either the police or fire department based upon the needed service should an inappropriate activity take place. The monitoring service can view the park activities in time increments ranging from fifteen minutes up to hourly reviews. Should the City Council choose to consider the use of security cameras at City facilities, staff will proceed with researching various equipment, monitoring options, and costs, which will be presented at a future City Council meeting, along with an identified funding source. Respectfully submitted, Dodie Horvitz, Co Attachment: unity Services Director Approved for submission by: Cc Thomas P. Genovese, City Manager 1 . La Quinta Park Layout 272 0 ... .................... i � fl i!,� a i l '� i i +I _ — ,C I'I I y Ir j6 ATfolUHKIC MAC' YP on%u UNG HUNE 4 - j i i' ` { C-71 PA MATCHUNE H 0 7r E 2 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: May 3, 2005 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion of Sphere of Influence for the Local PUBLIC HEARING: Agency Formation Commission (LAFCO) RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: No immediate fiscal implications. Staff estimates that a full annexation study would cost approximately $50,000. if so directed by the City Council, staff will include this Study in the draft Fiscal Year 2005/2006 Budget. Fiscal impacts of future annexations will need to be evaluated on a case -by -case basis. The Riverside County Redevelopment Agency Desert Communities Redevelopment Project Area may have a significant fiscal effect on any future annexation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Annexation east of Monroe Street has been discussed numerous times by the City Council during meetings on the General Plan Update. In efforts to explore what areas La Quinta would want to include in its Sphere of Influence (SOI) Planning Areas 1 and 2 were established during the General Plan process in 2000-2001. Several property owners attended these meetings and spoke in favor of or opposition to annexation. Meetings were held with the City of Coachella with an understanding that the City of Coachella would probably support La Quinta extending its SOI to Jackson Street. At the Council meeting of November 16, 2004, Council requested staff prepare a report on the process required to increase the City's SOL It was noted that no action could be taken until LAFCO had completed its Municipal Services Review (MSR). Since the completion of the MSR, discussions regarding potential SOI have resurfaced. Based on Council direction, staff has prepared the following information. 274 S:\CityMgr\STAFF REPORTS ONLY\S 2 Annexation.doc Currently, LAFCO is preparing a SOI report for the Eastern Coachella Valley, and according to LAFCO staff, a recommendation for SOI modifications will be made at its May 26th meeting. Prior to making this recommendation, LAFCO staff has requested a meeting with the City Managers, and appropriate staff, from the Cities of Indio, Coachella, La Quinta and the County of Riverside to discuss SOls. This meeting will be scheduled in early May. LAFCO is also aware and has indicated to City staff that a number of property owners within the City's Planning Areas 1 and 2 have expressed an interest in being added to La Quinta's SOL Currently, all property roughly north of Airport Boulevard (actual boundary is just south of Airport Boulevard) is within the City of Coachella's SOL The area south and east of this area is currently not covered within a SOL Staff has not made independent inquiries of property owners regarding the current LAFCO SOI program, but a number of property owners have contacted staff and expressed interest in eventual annexation into the City. A key issue regarding future SOI and annexation boundaries is the Riverside County Desert Communities Redevelopment Project Area. The County's RDA retains all property tax revenue in excess of the base year of 1986-87. Upon annexation, tax increment revenue from new development, increases in property values, or property sales within the Project Area would not be paid to the City. This leaves the City with no financial basis to provide services to any area annexed within the County's RDA area. Council, in November 1999, asked its consultant, RSG, to prepare a report (the Desert Resorts Regional Airport Area - Preliminary Annexation Analysis) that would evaluate a large area of land east of Monroe Street. The report concluded that annexation of any area within the County's Project Area would have a negative fiscal impact on the City. Should the City Council decide to pursue any further discussions on expanding its SOI, this study will need to be updated and expanded to provide the necessary information for discussion. However, it appears the economic conclusions of this report would still be valid. In order to provide Council with some alternatives, staff has proposed a two phased approach to studying this issue. The first element would be a detailed focused study on one parcel of land. This study would be funded by the developer of a specific property (Attachment 1). Staff has met with such a developer who has agreed to fund a $10,000 fiscal study which would evaluate the fiscal impacts of their proposed project and explore alternatives for on -going funding mechanisms to off -set the lack of traditional property taxes. This study will give guidance on a much smaller scale (project specific) of the impacts of annexing an area within the County's RDA zone. S:\CityMgr\STAFF REPORTS ONLY\S 2 Annexation.doc 275 The second phase would be a comprehensive annexation study which would evaluate the full range of fiscal and service issues, land use, and alternative revenue sources. This study is proposed for the Fiscal Year 2005/2006 Budget. This study would evaluate Planning Areas 1 and 2 based upon a number of factors. The area within the County's Redevelopment Project Area (roughly northern of a line between Avenue 62 and Avenue 64) will have to consider alternative revenue sources. The portion of Planning Areas 1 and 2 which are outside the County's Redevelopment Area would have normal property tax revenue. However, the extension of City services to this area would need to be evaluated including the physical proximity and distances involved. The most southeasterly areas are approximately 15 miles, by surface streets, from City Hall. The cost of providing services to these areas may exceed current costs to serve the existing City limits. This issue will need to be evaluated in the expanded Annexation Study. Staff will provide an overview of the potential SOI areas for consideration at the City Council meeting. A copy of the Municipal Services Review diagrams are attached (Attachment 2). Staff anticipates the Sphere of Influence issue will be placed on the City Council agenda for May 17, 2005 as a Business Item in order to obtain Council direction and action regarding SOI boundaries. This will allow staff the necessary time to evaluate the meeting between LAFCO and the Cities of Indio, Coachella, and La Quinta. LAFCO's staff report for their May 26, 2005 meeting may also be available. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to: a. Respond to LAFCO's request for a meeting between the Cities of Indio, Coachella, Riverside County and LAFCO to discuss potential SOls and the LAFCO process; and b. Work with the developer to prepare a detailed SOI and annexation study for "The Enclave at La Quinta Project" which would include a comprehensive evaluation of the fiscal impact of a proposed residential project located at Monroe Street and Avenue 62. The study would be funded by the developer ($10,000) and prepared by RSG; and C. Start the process for a detailed Annexation study for the entire potential annexation area (Planning Areas 1 and 2); or establish a revised SOI, based on LAFCO's determination. Either of these studies S:\CityMgr\STAFF REPORTS ONLY\S 2 Annexation.doc �% 6 would evaluate current and future land use, fiscal impacts, alternative funding measures, Capitol Improvement Programs issues, airport issues, Riverside County Redevelopment Agency, Southern Coachella Valley Community Services District, and other issues. This scope of work would provide necessary information for the City Council to direct staff regarding a specific annexation proposal; and d. Direct staff to initiate meetings with the County regarding possible sharing of revenue from the Desert Communities Redevelopment Project Area. 2. Provide staff with alternative direction. Respectfully submitted, A�Pc �We C14"14-- Dougla . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Site Plan for The Enclave at La Quinta Project 2. Municipal Services Review diagrams S:\CityMgr\STAFF REPORTS ONLY\S 2 Annexation.doc i -:1 2'7'7 ATTACHMENTti1 F REBERco o } H H O 102 W � oobo a Q b b b b N Z : : x x x x Z m J LLI a. I Emoliffill, 712m.mi'low ��® O-0 �I OIlls irm FF— Z z :5 CY a. z Q � o Q w o > � Q O J J U Z 0 w Z w wU F- ATTACHMENT #2 ?a' c� Faknare street Pad, SU" f i TYNr Sweet s ttt '9� wrrleon Street - "� t Frederkk StrM . ✓[ "" Van Barn, sweet - Cas,oun su«t I v C C •V �' Z A 4 v vor�� W Rom sweat tie E-j. - - - i t 5 Tjder sweet r-. 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L.L Riverside LAFCO Municipal Service Reviews City of Coachella Organizational Chart 280 u G c low 16 - - --1 s tt: o — V 4 Et - —� z z z- O o 11YNt ci / N O O O In ' G C 1 1 J tL ii U. lcq A 4• , . __ y G 1 Moaao saws - a xc a M-lu- Saw � a v , Mum"saw a G C'y CV r- AOtaati i4Mt ~ Q SWe" s 0 y Wmwdss Ehowsr thlw �<v � s C� ©q y ^KZ... ^ �'- L LL G&k Ralwo O p - w 1 C'! .• . s• fts"t- Saw I 4 cc Nkmawa ft�� J 3" Y Y 291 j II II I 1 1 I 1 c� = I O� a.; a55io �, a WA U l o +C �1 ci U ;. -�' I U V I 1� I r V- { � w E OIL`10 .i] C!) z J y o 1 ; U •� i i � r 1 (a 1 � 1 V l0 i i s 1 r I / � r• 1 , Y • 1 � r r 1 1 / C / , I r— --- �:�--------� r 1 Ir 1 40 y —, y i 1 _ 1 . 1 , IA '84 1 1 1 1 i i 1 i i17 f 7 r F- .: . 7 2 /' aw i z3 i J* 1is....,7VA ...ow ! WU 1 �� ......... ; ....i w ff 4 i I 1 I •gym-.�< �^ k al C Gi U � _ - rr _ -.. .. T a w y R _1 _ . _ _ a 0 81 N 0 c �- _ W a a .. _ - N w x i 7,41, .r.r.l •..r j I rr.ry LU !r.-.- -•—y 1 i.ed CL REPORT/INFORMATIONAL ITEM: -&0- CULTURAL ARTS COMMISSION MINUTES March 24, 2005 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 led the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds MEMBERS ABSENT: Commissioner Charlene Lane STAFF PRESENT: Dodie Horvitz, Community Services Director Christy Kerry, Community Services Secretary GUESTS: JoAnn Reeves Cheryl Nova Diane Adolph II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of February 10, 2005 B. Department Report for January 2005 C. Financial Report for February 2005 A minor grammatical correction was noted in the minutes. It was moved by Commissioners Gassman/Reynolds to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING — None VI. BUSINESS ITEMS 297 Cultural Arts Commission Meeting Minutes Page 2. A. La Quinta Playhouse Project - Joann Reeves introduced herself as the Artistic Director for the La Quinta Playhouse. Ms. Reeves provided the Commission with her background as pertains to the artistic community. Ms. Reeves stated she moved to the desert with the express purpose of opening the La Quinta Playhouse. Ms. Reeves informed the Commission that she has done independent polling and research within the community and has found there is a resounding interest and strong support from the community for such an equity theatre project. Ms. Reeves informed the Commission that a successful production of "A Christmas Carol" was completed in conjunction with R&R Broadcasting at the La Quinta Resort in December of 2004. The next project on the books for the La Quinta Playhouse is a production of "Art". The La Quinta Playhouse production of "Art" will be under a tent in Old Town La Quinta. The show will run each weekend in the month of May and will open May 5, 2005. A special weekend is planned for the opening and will include appetizers and wine. The last weekend the show will be running, Ms. Reeves stated there will be a short training session for children followed by a performance while they are still under the tent. "Art" will be a fully professional production featuring three equity actors. The goal of the La Quinta Playhouse is to be a professional production company and Ms. Reeves stressed that although this will in no way be a community theatre, there are numerous ways the community can support the productions. Local actors may be utilized in future productions, but there needs to be at least one equity actor. Commissioner Loudon stated there is a lot of local talent in the community and would like to see that utilized. There are enough people residing the desert on a full time basis to get involved and make this project a success according to Commissioner Loudon. Commissioner Reynolds asked Ms. Reeves how the Commission can help. Ms. Reeves said influence will be the objective at the moment. She informed the Commission that she opened a file with Mark Weiss for consideration at SilverRock. Commissioner Brodsky said the Commission would have some positive influence with the City Council. Ms. Reeves stated the Playhouse is looking for the land but will fund the construction of the "Playhouse" themselves. Ms. Reeves suggested that they could build a strong endowment fund for the Playhouse in the future. Commissioner Reynolds said perhaps the Commission can get the word out into the community about the upcoming production of "Art" by handing out 288 02 Cultural Arts Commission Meeting Minutes Page 3. flyers. Ms. Reeves stated that the Playhouse does not have a lot of funding for advertising, so this would be a great help. At the moment, Ms. Reeves stated Old Towne La Quinta is working with The La Quinta Playhouse to put together packages for the event. Commissioner Gassman asked Ms. Reeves how much the price of tickets will be for the upcoming production of "Art" to which she replied either twenty- three or twenty-four dollars. Commissioner Loudon asked Ms. Reeves if she has contacted any of the local radio stations like KWXY OR KPSI for radio support. Ms. Reeves stated she is working with Mr. and Mrs. Supple of K&R Broadcasting. Commissioner Gassman suggested Ms. Reeves check with Morris Communications. Ultimately, Ms. Reeves stated that proceeding with this project will require taking it one step at a time and really establishing themselves within the community. Ms. Nova stated this production of "Art" is on the caliber of a major urban play and that they are really hoping that all the buzz generated will provide them with donors for future projects. Ms. Reeves said that if they do not have a building by the fall, they may even be back under the tent again for another performance. Ms. Adolph said the Commission was part of bringing the Coachella Valley On Stage to fruition back in 1996. Ms. Adolph gave her full support and backing to Ms. Reeves and informed the Commission that she put together "A Christmas Carol" in under a month and is very capable at what she does. Director Horvitz brought an article that was run in The Desert Sun on March 21, 2005 to the Commission's attention. In the article, the California Desert Arts Foundation is proposing a four hundred seat black box theatre. Ms. Adolph explained that this two hundred and fifty million dollar project will actually house three different types of theatres including a movie theatre and that there is room enough in this city for more than one black box theatre. Ms. Adolph felt this article had no bearing on the task at hand, which is to bring the La Quinta Playhouse into realization. Commissioner Loudon thanked each of the guests for appearing before the Commission. The Commission discussed making a recommendation to City Council. Commissioner Brodsky stated that just because the article ran in the paper doesn't mean the theatre will ever be built and if it actually does get pushed through, this may take years to realize. The La Quinta Playhouse is imminent right now with an actual performance in the works. Commissioner 239 0 Cultural Arts Commission Meeting Minutes Page 4. Brodsky suggested the Commission support the La Quinta Playhouse. Commissioner Reynolds expressed her approval that the Playhouse is starting small so they can prove themselves to the Community as a reputable and professional company. Commissioner Gassman stated she really liked the fact that the La Quinta Playhouse came before the Commission to speak. It was moved by Commissioners Gassman/Brodsky to support the La Quinta Playhouse. Unanimous. B. Improvements to Art Pieces — Commissioner Gassman expressed her disappointment that Mr. Fraide was not in attendance. Director Horvitz told the Commission that although Mr. Fraide was not present, she has a report. Mr. Fraide requested a copy of the Art Purchase Agreement which staff provided for his review. After reviewing the agreement, Mr. Fraide informed staff that he simply does not have any time to dedicate to another project. Commissioner Gassman stated the artwork seems to be showing much better and inquired if the city is responsible for upkeep on the artwork. Staff informed the Commission that the City has an agreement with the developer to maintain the art pieces. Commissioner Brodsky said he spoke with Felicia and she stated that water should bubble out of the pots. Commissioner Reynolds asked staff if a landscape architect is needed. Director Horvitz stated that would be advisable. Commissioner Loudon suggested that professional advice is needed by the Commission. Staff offered that the Commission might bring this to the City Council to see if they want to pursue this. If they do decide to pursue the improvements to the art pieces, a formal RFP will be issued. It was moved by Commissioners Gassman/Reynolds to ask the City Council's consideration of improvements to the art pieces. Unanimous C. Commissioner Attendance — Commissioner Gassman stated she did receive an e-mail from Commissioner Lane asking when the next Commission meeting date will be. Commissioner Gassman also stated her concerns because the date has been provided to her numerous times. Commissioner Loudon said she has been in contact with Commissioner Lane Cultural Arts Commission Meeting Minutes Page 5. as well, and relayed Commissioner Lane's desire to remain a part of the Cultural Arts Commission. Although she would like to remain on the Commission, she stated she will understand if action would have to be taken. Commissioner Loudon stated that although Commissioner Lane provided legitimate excuses for many of her absences, it places undue burden on the rest of the Commission. Furthermore, each of the Commissioners does make a concerted effort to attend the Commission meetings and the Commission functions into each of their busy schedules. Commissioners Brodsky/Gassman moved that City Council be asked to review the situation surrounding Commissioner Lane's nonattendance and at their discretion, remove Commissioner Lane from the Commission. Unanimous. D. Concert Under the Stars Event - Commissioner Loudon said the Commission has both the dates and funds secured for the event. Commissioner Gassman asked if the musical performances have been locked in. Commissioner Reynolds said they have. Commissioner Loudon said that in the past, the Commission has acted as host for the event and asked the Commission if they would distribute flyers advertising the event as they have done for the prior years. Commissioner Reynolds said she will distribute flyers to Valley Independent Bank as well as the Chamber of Commerce. Commissioner Gassman stated the local grocery stores have been very good about letting flyers be distributed there as well. Staff stated that by the next meeting on April 14, 2005, the programs will have been finalized. Commissioner Brodsky stated he will be unable to attend the Concert Under the Stars Event. E. Community Picnic - Commissioner Loudon asked for suggestions on a booth idea for the Community Picnic. Commissioner Brodsky expressed his satisfaction at the booth the Commission provided last year. The booth had rolls of butcher paper with markers and crayons for the kids to draw on. They also passed out lollipops. After the event, the butcher paper was torn off and hung at City Hall for public viewing. Commissioner Reynolds said she will be out of town and will be unable to attend the Community Picnic. Commissioner Loudon also stated she will be unable to attend the Community Picnic that day because she will be moving. 291 Cultural Arts Commission Meeting Minutes Page 6. Commissioner Gassman and Commissioner Brodsky stated they will both be in attendance and will man the booth on behalf of the Commission. Commissioner Loudon asked if staff could take charge of the information cards to be filled out at the booth. Staff stated that would be arranged. Commissioner Loudon volunteered her time to do the follow up phone calls for those people who do fill out the information cards which ask the community what they would like to see in the future. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Monthly Calendar of Events - The Commission was pleased to see the Community Picnic on the Calendar of Events, but stated they still would like to see the Concert Under the Stars on the calendar as well. Staff stated the request has been submitted to have it added. VII. COMMISSIONER ITEMS A. Attendance at Community Functions - Commissioner Gassman stated she attended the La Quinta Arts Festival twice over the weekend. Commissioner Brodsky stated he attended both the SilverRock Opening Ceremonies as well as the La Quinta Arts Festival. Commissioner Loudon Commissioner Loudon reminded the Commission that the deadline to turn in the Statements of Economic Interest is April 1, 2005. Commissioner Reynolds stated she attended the SilverRock Opening Ceremonies as well as the La Quinta Arts Festival. She stated she was a jewelry judge on March 17 for the Arts Festival and attended the Thursday night preview event as well as attending as a patron on March 19, 2005. Commissioner Reynolds said she attended the Pillars of the Community Ceremony on February 15, 2005. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Gassman to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:08 PM Submitted by: Christy erry, Com u ity Services Se tart' 292 REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting March 9, 2005 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:40 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin and Deniel (5:40), Chairman Lewis (5:37) ABSENT: Board Member Mahfoud OTHERS PRESENT: John Falconer, Finance Director; Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA - (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR A. Approval of Minutes of Meeting on February 9, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Olander/Moulin to approve the Minutes of February 9, 2005. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for January 2005 Mr. Falconer informed the Board that the City received its distribution of property taxes from the Auditor/Controller's office in the amount of $16.25 million; this is reflected on page 8 of the Treasurer's Report and also reflects an increase in the balances from the previous month. A portion of the money was used to pay pass through amounts to the County of Riverside along with other taxing organizations, the balance was invested in LAIF due to a debt service owed in February; this is reflected on page 2 of the Treasurer's Report. MOTION - It was moved by Board Members Moulin/Olander to review, receive and file the Treasurer's Report for January 2005. Motion carried unanimously. 293 Investment Advisory Board March 9, 2005 Minutes B. Request for Proposal for Portfolio Manager Board Member Deniel reminded the Board at the previous meeting in February all Board Members were to review the RFP and make any additional changes and/or corrections. A redline draft was completed by Mr. Falconer which was presented at the February meeting for Board's review. Mr. Falconer informed the Board that at the recent CSMFO Conference, he attended a segment pertaining to Portfolio Managers. One item of interest discussed was the minimum amount to be invested by the Portfolio Managers, and the consensus for the minimum amount was $10 million. Board Member Deniel suggested that the Board recommend changing the maximum amount to be invested from $5 million to $10 million. The Board discussed changing the amount from $5 to $10 million and why $10 million is the minimum amount invested by a Portfolio Manager. Mr. Falconer suggested to the Board that the amount to be invested be disclosed in the RFP. Chairman Lewis concurred. Chairman Lewis asked if the Board had any additional corrections and/or changes to make to the RFP since the previous meeting. Upon review by the Board the following changes to the RFP were made: Page 5 - Item D-5-6 (last sentence) the word "City" should be crossed out. Item D-89- (first sentence) the word "the" should be deleted. Page 6 - Item E-1 the following word should be added to the sentence: E, "by teams or one individual. Page 7, Item 2 will be broken down to 3 sentences and renumbered. Item G-2 Please report Item G- Please report Item G=.Indicate whether your returns are calculated and compiled in accordance with the Association 2 094 Investment Advisory Board Minutes March 9, 2005 for Investment Management and Research (AIMR/CFA Institute) standards. Items G-3, 4 and 5 will be renumbered to 5, 6 and 7. Item J-1 the following word will be deleted; Seven (7) e4 The Board agreed to include a copy of the Investment Policy and a current Treasurer's Report to accompany the RFP. Mr. Falconer suggested to the Board that the type of account be clarified within the RFP. The following was suggested by the Board: Page 1, first sentence should read; interested firms for the provision of a discretionary investment management service for City of La Quinta. Chairman Lewis informed the Board that the governmental code is much more liberal than City policy, is the Board going to request that the Portfolio Manager follow government code or City code. Board Member Moulin asked if the Board should let the proposer make a suggestion. Board Member Deniel suggested the Board present both government and City code and the proposer make a recommendation to Board for their consideration. Chairman Lewis felt this suggestion was too broad. The Board discussed various investments not currently used by the Treasurer. Mr. Falconer reminded the Board that the reason they are considering the use of a Portfolio Manager is to actively manage the investments. Mr. Falconer shared his concerns with the Board regarding state code and the allowables listed within the state codes, (i.e. reverse repos, banker's acceptance, and reverse CD's). Mr. Falconer suggested to the Board that staff chart the permissible investments and present the chart at the next scheduled meeting in April. Chairman Lewis reminded the Board that the Portfolio Manager was going to use a portion of the portfolio for a longer term. Mr. Falconer advised the Board that the current investment policy limits the Board to 2 years and the government code to 5 years, with Council approval the term can be extended beyond 5 years. Mr. Falconer asked the Board if they would like to add the length of the term within the policy. The Board agreed to place the term within the policy. Board Member Moulin advised the Board that the framework of the Portfolio Manager should mirror that of the City. Board Member 3 295 Investment Advisory Board Minutes March 9, 2005 Moulin shared with the Board Council's primary concern for safety of principal and over the return. Board Member Moulin asked the Board what will be the term given to the Portfolio Manager. Board Member Deniel replied that in order to assess performance the term should be at least 2 - 3 years. MOTION - It was moved by Board Members Moulin/Deniel to continue the review of the request for proposal for portfolio manager. Motion carried unanimously. C. Consideration of Fiscal Year 2005/06 Investment Policies Mr. Falconer informed the Board that a redline draft of the policy was drafted for Board's review. Board Member Moulin suggested that the draft RFP be made as an appendix to the Investment Policy. Chairman Lewis suggested that the Board incorporate a paragraph within the policy referencing the Portfolio Manager; for example: Money Managers/Portfolio Managers are subject to maximum maturity of 5 years. Mr. Falconer suggested that the RFP have a separate section that deals with the 5 year maturity, the dollar amount $10 million and the types of investments that differ from the Investment Policy and recite this section in the Investment Policy. Chairman Lewis stated that the RFP is giving the Portfolio Manager all the different reporting criteria. Does the Board want to include the guidelines as well? Board Member Deniel suggested that a one page appendix be included with the Investment Policy with sample language possibly stating "here are the investment instruments allowed for the portion of the portfolio assigned to the Portfolio Manager and here are the maturities, or in addition to the regular investments these additional instruments are allowed for the Money Manager and maturities are extended to 5 years." Chairman Lewis advised that there needs to be a statement stating that they will abide by the policy. Mr. Falconer advised that a one page appendix is something that Council could review. In response to Board Member Moulin, Mr. Falconer advised the Board that he is ultimately responsible for the external manager's oversights and he also with due diligence has to monitor the Portfolio Manager's activities. Mr. Falconer suggested to the Board that he poll other cities to see if they have specific language in their ordinances 0 19.6 Investment Advisory Board Minutes March 9, 2005 that deal with this particular issue and will report back at the next scheduled meeting. Mr. Falconer informed the Board of the City's protocol for trades and the City Manager/Assistant City Manager's role for checks and balances. Chairman Lewis reminded the Board that on page 16 with the new number IXX being added the sections following will need to be renumbered. MOTION - It was moved by Board Members Moulin/Olander to continue the review of the Fiscal 2005/06 Investment Policies. Motion carried unanimously. D. California Municipal Treasurer's Conference - San Diego, California April 20 - 22, 2005 Mr. Falconer requested that any Board Member that would like to attend please notify Staff no later than March 11, 2005. MOTION - It was moved by Board Members Moulin/Olander to appoint two Board Members to attend the CMTA Conference in San Diego, California on April 20 - 22, 2005. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - February 2005 Noted and Filed B. Pooled Money Investment Board Report - December 2004 Noted and Filed VII BOARD MEMBER ITEMS VIII ADJOURNMENT MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 6:55 p.m. Motion carried unanimously. 5 Investment Advisory Board Minutes March 9, 2005 Su�ttddb Vianka Orrantia Secretary NEXT MEETING APR/L 13, 2005 0 298 Department Report: I -A TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager 1 DATE: May 3, 2005 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the April 19, 2005, City Council meeting: 1. Anthony Cunzio, 79-170 Ladera Drive, of United Irrigation, stated his company was a subcontractor under the Weitz Golf contract for the SilverRock Resort project. They have completed their work but have not been paid, and are at risk of going out of business. He requested assistance getting this issue resolved. • Council referred the matter to City Attorney Jenson, who stated she will look into the issue and report back to Council. She also agreed to meet with Mr. Cunzio on Wednesday. 2. Jack Laughlin, 79-440 Tom Fazio Lane Reed Harman, 79-091 Tom Fazio Lane Frank Rossi, 79-500 Tom Fazio Lane Jeff Louis, 79-285 Tom Fazio Lane Bill Morrow, 79-390 Tom Fazio Lane Bill Turpin, 79-062 Tom Fazio Lane Chuck Montgomery, 58-601 Banfield Each of the people listed above requested action be taken to resurface Avenue 58 near The Quarry project and to require the developer to clean up the north side of the street: • Mayor Adolph noted a letter has been sent to KSL regarding the dirt piles that need to be removed. '99 3. Marshall Harris, 80-622 Hermitage, spoke regarding the Embassy Suites hotel project, indicating the hotel is about 95% complete and the condo units are sold. He referenced a financial package approved by the Council three years ago for this project, and how the project will benefit the surrounding business community. • Mayor Adolph indicated the Council is dedicated to getting the hotel open. 4. Pat Garday, 43-790 Milan Court William Brogan, 43-820 Milan Court Scott Arthur, 43-845 Milan Court Ian Rhodes, 43-905 Milan Court Linda Apodaca, 43-725 Milan Court (spoke at 7:00 p.m.) Each of the people listed above voiced concern about how the high street elevation (Palm Royale) behind their homes will affect their privacy and security. • Mayor Adolph referenced a meeting to be held on Wednesday at the School District regarding this issue and urged them to attend. 5. Joe Broido, 77-510 Calle Nogales, spoke regarding the need for more speed limit signs in the Cove, including signs at the entrances to the Cove on Eisenhower Drive and Avenida Bermudas. • Staff is currently working with Mr. Broido regarding the items he brought forward. 30() DEPARTMENT REPORT: 3,il� y� �r CITY COUNCIUS UPCOMING EVENTS MAY 3 MAY 14 MAY 17 JUNE 7 JUNE 21 JULY 5 JULY 19 CITY COUNCIL MEETING CONCERT UNDER THE STARS 6:30 PM - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 301 May 2005 La Quinta City Council Monthly Planner June 2005 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday i-naajr, 0atj_r,LdY yYE•{ii{ !::3i!,F{{!'i?ii,•y€ f 3ii€i :Wk?• :{:3?•l r: {iiib{s:{:i:;i:i!.:{!{` ! E ..3... :C i€{� si€: Bisi:E:{:i:p{:i•$E a{{: i{i3?it{i{{{{!{iii{. i ..:€'i 3E?3!!ilii;ii� 3{EE{ i ......,.. :.:.!•:: ,is€{jt€itit{€ 4{`i{44 �€:.:.:c,:,.l... ., iltt':i. .4...... ..EE.... ..III:. {i3Es•3:3,E:;s!s!:?:E:is•?:{:;:3E:i:?:EE;EiiE; {€�€ti'eIi€� I`s,I?•Iii°I'°! i'?ii1 ei �'iiii• Ii`ii?I . i:s. . . . . . . . .... . . `2 1 3 4 :. 3 ..3.:......... :•::Y;:::rse :o-:su::a::z:E:E:ir:E ........... May Y MER: ll l EII'`•:. `€ '' II?Ii1IIIIIIi III€I ihal<'•ri' �iI'•:{I':IIIIIIiiI?€!� I':`•.II �i:':I€ .. E. 10.00 AM ALRC S M T W T F lEIIE'I'"[alIiiilie �� IiII`'p'?'; E `tili� �Ij!IE� I' ii Iji:, EIiI '•I'I?•I`:i€i •sliie '• 1 2 3 4 5 6 7 €Ii€'siI€;ill �I �I l`i.=.I13IIIII':•il'•`:.II .€... . � E•s e . ::.?.E .. . . �.::{:::?:3?I:E 4EIii3Iliiii€ �€I ::;�I,::::tE:E3;:<• .;.;.3.€..::: 1 8 9 10 1 12 13 14 •E•i:E: !:::,:•:: , 4:.:. {.i:•..::: :::: 3::::::r•.: 3,:: o-,:,: si•;'•.iIIIII3!€�E:.:{I;_:I:::!?I:.I:I::::; 0 15 16 17 18 9 1 2 21 II€ill?iIi E.,.,. IlliiI`•:illliil •::3•::. ii Ii 22 23 24 25262728 :.a 3 •e.;.o-: . k. s.s.....s.. i 'ris:Eiilli3 ; E•.e Eli`:'°•I 29 30 31 ,s; iliiillil I'Ii!'� EiI �Ii� s:'•iisiie �iiiEi:`•:iE'rii': Iliii;?Ei?E3iE;E:•::;{Ei3iEliiii iili�lEii 3i dill: l°3 � !•:•:•s•: iiiii I$� :iiiiii;?'yiii3j? ?EiiE!i� iE?jEiit� Eii{iE!i?:i.'::Si:i:ig'riS:E:i:; 5 it':•�Itii �i �iiijli3 iil�t l`iiiii �i N3E!iE!iEI �:� i:E:?:i:i:E:i::::::z:i<:� ::::�:a::::a:u:::::::::•o-:.:.s•a>:•:•r;<.:.:a•;•:•: 6 fit [ii Ikiiiiiiiiiiiiiii' �I;.;i �iI �i Ii iil iiiii I',+•';iilIiiiiiiii ?i'Iiill?{?!` :.::::..: ...:: :.: .: <::::...... 7 8 9 10 11 2:00 PM City Council 9:00 AM RCTC- 12:00 PM Energy/ Meeting Henderson Environ.-Sniff 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 'Abate. -Perkins vation Commission Perkins 7:00 PM Planning 12:00 PM Transp-Perkins Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Flag Day Comm. l 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM Human/Comm- 9:00 AM LAFCO- 2:00 PM City Council Osborne Henderson Father's Day Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 26 27 28 29 30 ral 6 00PM CVAG General nnin 7:00 PM Planning g .... ....... July Assembly Commission S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ll 1718 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 4/29/2005 303 July 2005 La Quinta City Council Monthly Planner rrmiea Dy umenaar creator mus on 4/29/2UUS DEPARTMENT REPORT: 4`pr P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 ffega Q((4 INVW BUILDING & SAFETY DEPARTMENT TO: Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building and Safety -r 9 , VIA: Thomas P. Genovese, City Manager DATE: May 3, 2005 RE: Septic Systems (760) 777-7012 FAX (760) 777-7011 At the April 5, 2005 City Council meeting under Mayor and Council Member items, the question arose as to whether existing septic systems in La Quinta would be prohibited after January 12, 2012. Staff research revealed that the legislation (AB 358 passed in 2001), only pertains to the Cathedral City Cove area and not to systems in La Quinta. The California Plumbing Code allows for the use of private disposal systems when a public sewer system is not available. The Code considers availability to be within 200 feet of the building under consideration. In the case of the La Quinta Cove area, many of the homes were developed prior to the availability of the sewer system. When an existing septic system fails in the Cove, the Code prohibits it from being repaired or replaced because the public sewer system is now available. The septic system is abandoned per Code and the house is connected to the public sewer system. Last year, 62 homes which were previously on septic systems were connected to the public sewer. Staff contacted the Coachella Valley Water District for information regarding ground water contamination by septic systems in the La Quinta Cove. The District stated it does not test the soil in the Cove because it has abandoned all of its wells in the area and is not concerned that the private disposal systems will have an effect on the Cove's water supply. It is uncertain how many private septic systems are currently operational in the Cove. Their installation predated the current building permit software system and the only way to establish an accurate accounting would be to manually review permit data. The District stated that it is unable to readily provide an accurate 305 number of existing septic systems for the purposes of this report. Staff estimates that there are between 1,500 and 2,000 functioning septic systems in the Cove, the newest of which would be approximately fifteen years old. The life expectancy of a septic system varies with use but most systems start to experience problems within 25 years of its installation. If no action is taken by the City to accelerate the abandonment of private septic systems it is reasonable to project that a majority of the remaining systems would cease to function properly and be abandoned within the next 10 to 15 years. A survey of the Valley indicated that several cities, (Rancho Mirage, Palm Desert and Cathedral City) do have an Ordinance that requires a structure to be hooked up to the public sewer (if available) at the time of sale. The titles of houses that are on private disposal systems are "clouded" so that the dwelling has to be hooked up to the public sewer before escrow can close. 3u6 PRESENTATION: Truman Elementary School 2005 David Blessing Kaa en Carlton Ellen Fain Raymond Guerrero Tai Kotam Brooks Kriske Alex Lambrose Kimberly Nava Cassie Peters Ashley Rehbehn Jenna Richardson Jessica Rios John Schuknecht Matt Schumaier 3 U'7 � cu COUNCIL/RDA MEETING DATE: May 3, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Continued Public Hearing to Consider and Take Action on Appeal Filed by Washington 1 1 1, Ltd., STUDY SESSION: Regarding Grading Permit Condition and Process of PUBLIC HEARING: Final Map RECOMMENDATION: Continue the public hearing to consider the appeal filed by Washington 1 1 1, Ltd., (Attachment 1) regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04, until May 17, 2005. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Negotiations are in progress for the resolution of an Appeal of Findings and/or Conditions filed by Washington 1 1 1, dated March 24, 2005 objecting to the tributary drainage flow from a site formerly occupied by Simon Motors (Champion Chevrolet) and reported stalling of the approval process for Parcel Map No. 32683. Draft MOU's have been exchanged between Washington 1 1 1, Ltd. and staff. A final MOU will be brought forward for City Council approval as soon as negotiations have been completed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Continue the public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04, until May 17, 2005;or 2. Do not continue the public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04, until May 17, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, Ti by R. J ass , P. E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Appeal filed by Washington 1 1 1, Ltd. S:\CityMgr\STAFF REPORTS ONLY\5-3-05\PH4 MOU Washington Park.doc 2 3 ATTACHMENT 1 -` 4 CV G�� 9ti5 OF Tom' COUNCIL/RDA MEETING DATE: April 19, 2005 ITEM TITLE: Public Hearing to Consider and Take Action on Appeal Filed by Washington 1 1 1, Ltd., Regarding Grading Permit Condition and Process of Final Map RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing 'of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta. Municipal Code Section 2.04.130, and then take action as deemed appropriate by the City Council. FISCAL IMPLICATIONS: There are no fiscal impacts directly associated with the consideration or action on this appeal. However, if the appeal is granted, this could necessitate the construction of drainage improvements in the vicinity of the Washington Park project at the City's expense. If the appeal is denied, it is -possible that Washington 1 1 1, Ltd. could initiate litigation against the City, which would result in expenses to the City. In addition, .if the opening of any new business located within Washington Park project is delayed, this could result in a loss of tax revenue to the City. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 24, 2005, Washington 1 1 1, Ltd. submitted an appeal pursuant to La Quinta Municipal Code Section 2.04.100. The items appealed include: (1) the imposition of a condition on a grading permit which requires the installation of facilities to accept tributary drainage flows from off -site; and (2) an objection to the processing of Final Maps. based upon the grading permit condition. 3 310 A brief overview of the history of the Washington Park project with respect to drainage requirements and conditions is necessary to understand the appeal. The current appeal centers primarily around drainage which flows off of Champion Chevrolet. The development of Champion Chevrolet (former, Simon Motors) was approved prior to the incorporation of the City. To staff's knowledge, there was no requirement for Champion Chevrolet to retain storm water on site. Currently, the drainage from Champion Chevrolet flows off site onto Simon Drive, out to Washington Street, and then flows south. Historically, storm water from the Champion site flowed south into previously undeveloped sand dunes, now mapped by the Washington Park development. In 2002, Champion storm water flowed to Simon Drive, then southerly at the east side of the edge of pavement of Washington Street, ultimately draining again to the Washington Park property. Curb and gutter on the east side ' of Washington Street was installed by Washington Park in the fall of 2004. Following this recent curb and gutter installation, Champion stormwater now flows on the east side of Washington Street, contained by the newly installed gutter, and proceeds south to the intersection of Washington Street and Avenue 47. In low flow storms, the water turns east at Avenue 47 and flows to Washington Park's retention basins ' 1 and 5. In larger storm events, the water in ever increasing quantities tops the crown of the street at Avenue 47 and continues south on Washington Street. _ On December 17, 2002, an Addendum to the Washington Park Specific Plan was adopted. This was amendment #4 to Specific Plan 1987-011. On page 20, Section W.B., the Drainage Plan is outlined, and it includes the following statement: "The existing drainage that currently enters the site will be intercepted and directed into the site drainage system." The relevant Conditions of Approval for the Specific Plan Amendment No. 4 are as follows: DRAINAGE 31. The applicant shall 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. The tributary drainage area shall extend to the centerline of the adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 311 4 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. (Emphasis Added.) The Tentative Tract Map approved -at the same time (TTM 30903) included the following conditions: DRAINAGE 32. The applicant shall 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. The tributary drainage area shall extend to. the centerline of the adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total _ run off. 37. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 38. 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. 39. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. (Emphasis added.) These same conditions are carried forward in Parcels 32683-1, 32683-21 and 32863-3. 312 5 The Hydrology Report for the project was not yet finalized as of the date the Council considered the above items in 2002. The Mitigated Negative Declaration for the project therefore included the following discussion: The proposed project will be responsible for the drainage of on and off site flows. A preliminary hydrology study has been prepared for the project site ["Preliminary Hydrology Study," prepared by Pardue, Cornwell & Associates, October, 2002.1 The preliminary hydrology study prepared for the proposed project is still under review by the City Engineer, and will be modified to conform to the City's standards for on -site retention. In order to assure that this is the case, the following mitigation measure shall be implemented: 1. The project proponent shall secure approval from the City Engineer of the hydrology study for the project site prior to the issuance of any grading permit. Pursuant to the Mitigation Monitoring Plan, the measure was to be implemented as follows: The City Engineer would need to issue a letter of approval for the hydrology study prior to grading. Unfortunately, the Hydrology Report that was subsequently revised and resubmitted by Washington 1 1 1's hydrologist did not account for the off -site tributary areas. To the contrary, the report erroneously described the site as follows: The proposed project will develop 50 acres of retail center surrounding the existing Lowes Home Improvement store. The site is currently undeveloped with portions of the site previously' mass graded. The remainder of the site consists of sand dunes with minor brush growth in some areas. There are no off -site drainage areas tributary to the site. Additionally, no outfall of drainage is proposed to leave the site. Rainfall runoff will be contained on -site in four (4) retention ponds. (Emphasis added.) Washington 1 1 1 does not wish to correct this oversight relative to the off -site tributary drainage contribution of Champion Chevrolet. 313 6 The City does not have a formal process for approval of hydrology reports. Instead, the method for final clearance is usually in the form of a letter from the plan check firm that conducts the review. In a letter dated February 13, 2003, addressed to Steve Speer, Berryman & Henigar stated: I have re -checked the Mass Grading Plans of Washington Park, Tract 30903. The Mass Grading Plan along with the Hydrology report is recommended for City approval, pending additional City comments. The City relies upon the developer's consultants to provide accurate, coherent plans and reports. Although plans and reports are typically reviewed by outside plan check consultants, it is not possible for the consultants to reconfirm all assumptions. In particular, off -site information, such as the Champion Chevrolet flows, are generally beyond the scope of outside plan check consultants as no data is typically supplied by the engineer of record which would allow this verification, and thus no verification can be performed for off -site conditions. The City has now determined that the 2002 hydrology report was incorrect, and it is the City's understanding that the engineers for Washington 1 1 1 do not disagree _ with this determination. Public Works Staff Design Request The Public Works Department seeks' additional storm water inlet structures for Washington Street to properly drain Washington Street. The present condition creates lane losses in storm events. More specifically, an effective lane loss occurred on northbound Washington (3 lanes reduced to 2 lanes) for a storm generating 0.5 to 0.75 inches of rainfall in 3 hours observed at the City in December 2004.' By extrapolation, larger 10- to 20-year storms generating 1.0 to 1.5 inches of rainfall could reduce Washington to 1 lane of effective traffic flow. The 100-year 3-hour storm is estimated to equal 2.2 inches of rainfall for frame of reference. The Public Works Department wishes to avoid lane losses in standard annual rainfall events. The additional inlet structures for Washington Street would, by default, collect Champion storm water. The Public Works Department recommends drainage to Washington Street by taking the storm water on -site to Washington Park retention basins 4 and 2 and subsequently passing through Champion Chevrolet historical flows. The Public Works Department believes this design would adhere to the governing Conditions of Approval, Specific Plan SP1987-01 1, Amendment No. 4. 314 7 It is the Public Works Department's conclusion that utilization of retention basins 4 and 2 with subsequent pass through of the Champion Chevrolet storm water flow should not reduce the developable land for Washington Park. The City and Washington Park's current engineer of record, The Keith Companies; also seeks modification to Washington Park hydrology designs relative to other problems now apparent with the original hydrology report for the project. For example, Pad 1, adjacent to Adams Street, can not be constructed with the hydrology assumptions previously utilized by Washington Park. The adjacent Retention Basin 6 must be reconfigured to provide for proper stormwater storage volumes. Similarly, inlet structures on Adams must be reconstructed to properly collect adjacent storm flows. Washington 111's Appeal Washington 111 objects to the Public Works design request for storm water inlet structures on Washington Street outlined above. Following meetings between representatives of Washington 111 and City staff, it was the understanding of City staff that a resolution regarding the matter had been reached. Meetings held with Washington 111 representatives in early 2005 resulted in an apparent agreement to the installation of 2 inlet structures on Washington Street. - Attachment 1 obtained from Washington 111 indicates this reflects that it was planning to incorporate these inlets into its design at one time. Washington 111 also indicated a Washington Street inlet on the Index Map for Phase 3 Precise Grading Plans approved by the City on 3/30/2005 (Attachment 2). Washington 111 then requested that the drainage plans include written disclaimers and agreements that the City Attorney did not feel were appropriate content for drainage plans. The language that Washington 111 sought to add is submitted herewith as Attachment 3. The City Attorney's position was that if Washington 111 believed that the conditions being imposed on the grading permit exceeded the City's authority under the original conditions of approval, Washington 111 needed to raise that concern by objection or appeal rather than by inserting what was essentially an unapproved contract that would purportedly bind future City Council action as a note on a set of plans. After the City Attorney's disapproval of the disclaimer language and agreement was reported by Public Works to Washington 111, Washington 111 indicated that it was justified in eliminating the Washington Street inlet structures. Washington 111 also reported that insufficient capacity was available to accommodate Champion Chevrolet flows. On March 24, 2005, Washington Park filed an appeal of the Public Works Department's decision with regard to the drainage conditions, and further. objected to the processing of the Final Maps for 32683-1, -2 and -3. The appeal is submitted herewith as Attachment 4. 315 8 Public Works Department's Response to Appeal The Public Works Department believes that the appeal is without merit. The Public Works Department does not believe that Washington 111 is complying with the Specific Plan drainage conditions. Condition of Approval 39 states that storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Failure to install storm drain inlet structures on Washington prevents Condition of Approval #39 from occurring. The historical downstream drainage relief route was not Washington Street but land within Washington Park, which would ultimately drain to areas now known as Caleo Bay Drive and Lake La Quinta. Further, failure to provide storm drain inlet structures on Washington creates an unsafe driving condition from water accumulation and effective lane closures in larger storm events. Photos taken during the December 2004 storms Attachment 5) indicate significant water collection adjacent to the gutter flowline at Washington which effectively creates the loss of 1 of 3 travel lanes. The Public Works Department does not believe that it is imposing new conditions, but is rather compelling compliance with the existing conditions. The Public Works Department is not requiring Washington 111 to accept all off -site drainage, but instead is proposing a design that allows Washington 111 to pass the - drainage through the site to historic downstream relief routes. Public Works proposes that future inlet structures would be installed on Washington Street, routed to adjacent retention basins 2 & 4. Overflows would be piped to 47' and Caleo Bay and directed to Lake La Quinta as the historical downstream drainage relief route. Finally, the Public Works Department believes it is properly processing the Final Map applications. Before the Final Maps are approved, Washington 111 must comply with the conditions of approval to the tentative maps. As stated above, the Public Works Department has concluded that Washington 111 has not yet satisfied the conditions, including Condition No. 37, in not one, but multiple locations within the Washington Park development. Public Works requests that a revised hydrology report for all six phases of Washington Park be submitted and approved by the City Engineer before approval and recordation of Parcel Map 32683. In accordance with the La Quinta Municipal Code Section 2.04.130, the Council is required to. hold a hearing on the appeal. The Code then permits the City Council to uphold the actions of the Public Works Department, overturn those actions, modify those actions, or continue the matter to obtain additional information. 316 9 The Public Works Department and the City Attorney will be available during the hearing to provide additional information. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-.3 in accordance with La Quinta Municipal Code Section 2.04.130, and uphold the actions of the Public Works Department; or 2. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd:, regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and direct a modification of the actions of the Public Works Department; or 3. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and sustain the appeal and give appropriate related direction to the Public Works Department; or 4. Conduct a public hearing to consider the appeal filed by Washington 1 1 1, Ltd., regarding Grading Permit conditions and the processing of Final Maps 32683-1, 32683-2, and 32863-3 in accordance with La Quinta Municipal Code Section 2.04.130, and then continue the matter to obtain additional information; or 5. Provide staff with alternative direction. Respectfully submitted, Timothy J ly on, Public Works Director 317 10 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Washington Park Retail Center Hydrology Map 2. Index Map for Phase 3 Precise Grading Plans 3. Washington 1 1 1's requested language for drainage plans 4. Washington 1 1 1 's appeal 5. Photo taken during the December 2004 storms 318 11 %TT79-CHM 0�6 d CL IVA ram, ti Q15 XX rp CC rr 41 wo po 06 1A b. . LU Ct) cc c.......... . ....... L O ..... .... ..... 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'✓. r....'• 9 ✓AG• - NO, ENT 13132 a ATTACHMENT DRAFT TO BE ATTACHED TO HYDROLOGY STUDY, STREET PLANS OR ANY OTHER DOCUMENT THAT REQUIRES WASHINGTON 111, LTD, OR ANY SUCCESSOR, TO ACCEPT DRAINAGE FROM LANDS OUTSIDE THE BOUNDARY OF WASHINGTON PARK The City of La Quinta ("City") is requesting an acknowledgement ("Acknowledgment") from Washington 111, Ltd., on behalf of itself and its successors -in -interest (collectively, "Washington 111 "), that Washington 111 has agreed to accept into storm drain facilities, including retention basins, curb inlet structures, oversized pipe and appurtenant facilities (collectively, "Drainage Facilities") within or otherwise serving land within Tentative Tract Map 32683("Washington Park"), drainage from the Champion Motors site, located at 78-611 Highway 111, La Quinta, California bounded by Simon Drive and Highway I I I ("Champion Site"), and perhaps other sites outside Washington Park as well (the Champion Site and such other sites are collectively referred to as "Offsite Source(s)"). City has also requested that the Acknowledgment be attached to any hydrology report, hydrology map and/or certain other technical documents and/or plans related to the development of Washington Park. As an accommodation to City only, Washington I I I has agreed to accept drainage from the Offsite Sources ("Offsite Drainage"). However, in doing so, Washington 111 is expressly reserving any and all legal rights Washington I I I has to recover from City, other agencies and any or all owners and/or users of the Offsite Sources, including the Champion Site, (i) the cost of expanding and improving any Drainage Facilities at Washington Park, as may be necessary to accept such Offsite Drainage, (ii) the ongoing cost of maintaining and/or operating any Drainage Facilities at Washington Park, including any remediation costs incurred because such Offsite Drainage contains any environmental contaminants, including hazardous wastes, hazardous substances, hazardous materials and/or pollutants, as described in federal, state and local laws and regulations, and (iii) any damages to which Washington 111 may be entitled under the law. Without limiting the generality of the foregoing, City has agreed to condition any future discretionary permit issued in connection with any of the Offsite Sources, including the Champion Site, to retain onsite all onsite drainage and all allocable offsite drainage, it being the intent that, in the future, none of the Offsite Sources, including the Champion Site, will drain into the Drainage Facilities at Washington Park. In the meantime, it is understood that City will allow Washington III to construct deeper retention basins at Washington Park (i.e., with an average of 2 to 3 feet deeper) than originally approved, to temporarily accommodate drainage from the Offsite Sources, including the Champion Site, and when the Offsite Sources no longer drain into the Drainage Facilities at Washington Park, City may require that the retention basins at Washington Park be modified to be shallower. City has also agreed that, if a discretionary permit application is received in connection with any of the Offsite Sources, including the Champion Site, and there is not already an agreement in place between the owner of the applicable Offsite Source and Washington 111, City will condition such permit to pay to Washington 111, the applicable Offsite Source fair share of the cost of (a) any initial oversizing of the Drainage Facilities required by the additional drainage burden created by the Offsite Source (based on cubic feet of additional water volume added to the Washington Park retention system), (b) continued maintenance of the Drainage Facilities until the Offsite Source no longer drains into the Drainage Facilities at Washington Park and (c) 3?1 DRAFT any modification of the retention basins at Washington Park required by City to make them shallower after the Offsite Source no longer drains into the Drainage Facilities at Washington Park. By signing this document, the undersigned certify that they have read and understand this document. Signature of Washington 111 Signature of City Representative Title of Document to which this document is attached 3 `' 2 ATTACHMENT Z GRESHAM, SAVAGE, NOLAN & TILDEN �' =• LAWYERS (909) $84-2171 ::'',.� ;;, L }i +`; �� • .:.. Facsimile (909) 890-9690 CITY ti`;:T4.1.•EI_�h'3 U CI`iL TRANSMITTAL• HAND DELMRED [E (_L_� i Q H TO: City Clerk MAR 2 5 2005 City of La Quinta CITY OF LAWINTA COMMUNITY DEVELOPMENT FROM: Mark Ostoich DATE: March 24, 2005 RE: Appeal of Findings and/or Conditions Enclosed are the following: 1. Check in the amount of $175, representing the required Appeal Fee. 2, Application for Appeal of Findings and/or Conditions MAO/pmj Enclosures N:\W742\OOOU,LATtansmittal-City of La Quinta-01 3?3 is- GRESHAM SAVAGE NOLAN & TILDEN Check Date Check No COLA CITY OF LA QUINTA 03/2412005 084086 DocNo ApplyTo Vendor Credit No Vendor Inv No Open Amt Disc Amt Pay Arr, 084086 123795 $175.00 $0.00 $175.00 I }• jr " y y `fN7 "t•` 1 F' 4 :. '. r ..:::iY•::'ai':: ' i,�%-lTi4 :n'•t�4�i,'.i'3;�?:n(_:i ITI • s Stub Total $175.00 $0.00 $1T5.00 "OLORED BACKGI I' • ON �''S , A 0,..7j.r A.0a est 2nd.St.`wrpat 0314/200�5y-�.� GO �L t �. Yyf')�r� ti +.��'fi;�+P��i ^s'r.Y��3i'�i:Y,ift ��• II'08408611' 1: 12 20004961: 58 10003 1 13t1' 324 �� ^1` + . rx , -', City of La QUinta Community Development Department,, _ T 78-495 Calle Tampico ;'_ v= , La 53 Quintai.Califomia 922 F; t (760) 777-7125 FAX (760) 77 133 r R `cI i Y ut: � I _-PlAtowmew 2L }_(Cross out one that does not apply) Applicadonfor Appeal of Findings Andl . g Or OFFICE USE ONLY CM r44. � t � Conditions Appellant's Name .Washington 111, Ud. �atC 3/24/05 M,40ngAddress 78-365 Hwy ill, Suite 351, La Quinta, -CA 92253 Phone:. 760/ 485-5308 Resolution # and Condition(s) of Approval being appealed_;___ Any development review action may be appealed pursuant to Section 9.220.120 of the Zoning Code. Please identify the type of application; Type of Appeal: Change of Zone _Tentative Tract Specific Plan Tentative Parcel Conditional Use PermitMap Variance ______ Site'Dcvelopmeat Permit Minor Use Permit ----- Temporary Use Permit XXX Other . Grading Permit and Final Pleprovide sufficient information so as to make clear the substan Map Approval ase If applicable, indicate the -number of the � °f each of the grounds for appeal, specific condition which is being Drotested. 1. Appellant appeals and.ob'ects to the Gradin. Permit Condition that it install facilities for the physical acceptance 'of tributory drainage flows from o s te. 2. Appellapt appeals -and objects to sitalling the a royal recess for the Final based on this unrelated Grading Permit.. Maps -XSee attached letter from Counsel for Appellant for additional information ) Use additional sheets :if necessary. Washington 111, Ltd. B6Wpal Finds -Coed 325 1$- GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION •., ; ! LAWYERS - FOUNDED 1910 FOrt THE FIRM:550 EAST HOSPITALITY LANE, SUITES66 ; j +? ? Mark A. Ostoich SAN BERNARDINO, CALIFORNIA 92408-4205 e-mail: Marfc.0uoicb hamsavage.com (909) 890-4499 - FACSIMILE (909) 890-9A •;r , ; ' i� A` r www.greshamsavagexom f.; iC C March 24, 2005 HAND DELIVERED City of La Quinta Office of the City Council 78-495 Calle Tampico La Quinta, California 92253 Re: Appeal of Approval of Grading Permit Conditions of Approval for the Development of a Trader Joe's Developer: Washington 111, Ltd. Dear Council Members: I represent Washington 111, Ltd., appellant in the above referenced matter. Mike McCormick and Russ Behrens of McCormick, Kidman & Behrens are co -counsel. Together, we are hopeful that we can resolve the issues that have recently delayed the development of the Trader Joe's store appellant is developing near the intersection of Highway 111 and Washington Street. On December 17, 2002, the City of La Quinta approved Resolution No. 2002-167, which adopted Amendment No. 4 of the Washington Park Specific Plan. The City added several conditions of approval. On March 23, 2004, the City's Planning Commission approved Site Development Permit 2004-800 for the development of a Trader Joe's store. The Trader Joe's project involves approximately 12,000 square feet of space, which represents a very small portion of the approved Washington Park project. During the grading permit process for the Trader Joe's project, appellant received comments that it would be required to_ construct a detention system, including modifying an existing detention basin, to add sufficient capacity to accommodate not only on -site drainage, but un-related . off -site, upstream drainage as well. After discussion and negotiation, including discussion with the City Manager, appellant received a March 14, 2005 email from Paul Goble, City of La Quinta Department of Public Works, stating: "Nevertheless, installation of the proper faciities [sic] for the physical acceptance of tributary drainage flows remain a City policy and standard condition of approval for development project." A copy of the Goble email is attached as Exhibit "A". RIVERSIDE OFFICE - 3750 UNIVERSITY AVENUE, SUITE 250, RIVERSIDE, CA 92501-3335 - (951) 684-2171 - FACSIMILE (951) 684-2150 VICTORVILLE OFFICE - 13911 PARK AVENUE, SUITE 208, VICTORVILLE, CA 92392 - (760) 243-2889 - FACSIMILE (760) 243-0467 326 19, GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 2 Appellant has recently learned that the City has stopped final map processing for Parcel Maps 32683-1, 32683-2 and 32683-3. Appellant, through its design professionals, received a March 21, 2005 email from Anthony Colarossi; Assistant Engineer I, that he could not "go any further with PM 32683-3. It has been placed on hold until the hydrology is approved by the public works engineers." A follow up email from Mr. Colarossi confirmed that the processing of Parcel Maps 32683-1 and 32683-1 has also been stopped. Copies of the Colarossi emails are attached collectively as Exhibit "B". Appellant is treating.the Goble email as written action that appellant will be required to accommodate on its property, all on -site drainage and unrelated off -site, upstream drainage. Appellant_ hereby appeals that action pursuant to La Quinta City Code sections 2.04.100 .and 2.04.110. The action mentioned in the Goble email is unnecessary because appellant is already accommodating all on -site drainage on its property and is complying with a condition of approval that was imposed in connection with Amendment No. 4 of the Washington Park Specific Plan and that requires appellant to ensure that all unrelated off -site historical storm drainage from adjoining properties is passed through into the historic downstream drainage relief route. The time has passed for the City to impose new conditions and requiring appellant to accept all current flows of whatever nature from unrelated, upstream properties would result in appellant bearing the cost of a public benefit that is not reasonably. related to appellant's proposed use of its property. Appellant is treating the Colarossi emails as written action that the final map approvals will not be processed until the unrelated drainage issue is resolved. Appellant hereby appeals that action. The action violates the Subdivision Map Act provisions regarding approval of final maps that substantially conform to previously approved tentative maps. A. Appellant is Complying with Condition of Approval No. 37. In December 2002 when the City approved the Washington Park Project, it added Condition of Approval No. 37, which provides, "Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route." Condition of Approval No. 37 was restated verbatim as Condition No. 51 in the Conditions of Approval for. Parcel Map 32683. Hereafter, for convenience, the applicable condition of approval will be referred to as Condition of Approval No. 37. Appellant is complying with Condition No. 37 by passing through storm drainage historically received from the Champion Motors site into the historic downstream drainage relief route. Condition No. 37 only applies to storm drainage historically received from adjoining property. It does not apply to nuisance waters or any other flows generated by or on adjoining property. Appellant believes that there are water flows generated by or on the Champion Motors 327 20 GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORA?ION Mark A. Ostoich City of La Quinta March 24, 2005 Page 3 site, such as waters used to clean the motor vehicles. These waters are not storm waters and thus Condition No. 37 does not require appellant to bear any responsibility for these flows. The term "historically received" is somewhat ambiguous, but certainly refers to storm drainage prior to December 17, 2002. If the term refers to a time prior to development, appellant is informed and believes that storm drainage flowed south across both the current Champion Motors site as well as appellant's property. The Champion Motors development significantly increased historic storm drainage by paving over the ground. If the term refers to storm drainage after the Champion Motors site was developed, the Champion Motors developers channelized and concentrated storm drainage. Development of the Champion Motors site and Simon Drive caused concentrated and channelized flows to create an earthen swale south along Washington Street. In light to moderate storm flows, the drainage then curved to the east at 47`b Street. In heavy storm flows, the drainage proceeded south down Washington Street towards Lake La Quinta. Regardless of whether the term refers exclusively to a period of time prior to development of the Champion Motors Site or refers to both pre -development and post development of the Champion Motors site, appellant is complying with Condition No. 37 by passing the storm drainage into the historic downstream drainage relief route: Appellant has ensured that all storm water received from Champion Motors is directed into .the curb and gutter along Washington Street where it then travels into the curb and gutter along 47`' Street- if the . storm water flow is light to moderate or continues south along Washington towards Lake La Quinta if the flow is heavy. ' Condition No. 37 provides appellant with the choice to receive and retain the storm water or pass it through. Appellant has chosen the pass through option. B. The City Cannot Impose New Conditions. Appellant's right to develop the Trader Joe's project in accordance with the Washington Park Specific Plan and its supporting technical studies (one of which is a hydrology study that does not require the accommodation of the off -site drainage that the City is now asking appellant to accommodate), has vested in accordance with applicable California law. (Avco Community Developer, Inc. v. South Coast Regional Comm. (1976) 12 Cal.3d 785.) Appellant relied on the approved Specific. Plan, the underlying technical studies and applicable City development standards and spent substantial money to construct drainage and street improvements that do not provide inlet structures or otherwise contemplate the acceptance of off -site drainage flows. The drainage and street improvements were designed in accordance with all applicable City requirements and the City has already accepted all of the drainage and improvements. Appellant has complied with all of the conditions of the Washington Park Specific Plan, the Street Improvement Plans and its original approved Hydrology Plan. Appellant is .complying 328 21. GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 4 with Condition of Approval No. 37 by passing though storm drainage historically received from Champion Motors into the historic downstream drainage relief route that runs down the swale along Washington Street. The City cannot now impose new requirements or modify Condition of Approval No. 37; because appellant's rights have vested. C. The City Cannot Require Appellant to Accommodate All Off -Site Drainage. The City's action requires appellant to install facilities for the acceptance of all .unrelated off -site upstream drainage flows. This is inconsistent with Condition of Approval No. 37 which only requires that appellant accept or pass through storm drainage historically received from the Champion Motors site. This is also inappropriate since the Champion Motors drainage, is not related to appellant's proposed use of its Washington Park property. The " City's action impermissibly shifts the City's burden of paying for a public benefit to appellant. Conditions imposed on land use applications "are valid if reasonably conceived to fulfill public needs emanating from the landowner's proposed use." (Liberty v. California Coastal Comm'n. (1980) 113 Cal.App.3d 491.) The Liberty case involved a developer who wanted to demolish an existing structure and erect a restaurant across the street from a beach. The California Coastal Commission approved the plan, with the condition that the developer agree to provide adequate parking for patrons and public parking after 5 p.m. ,for 30 years, to offset the need for public parking near the beach. This particular area required additional public parking because of earlier planning failures to require other restaurants to provide. sufficient parking. The developer challenged both conditions. The California Court of Appeal agreed that beach parking was a problem and the Commission properly required adequate parking for the restaurant. However, the Court ruled that dedicated free parking went beyond the developer's own land use requirements. The Commission was "attempting to disguise under the police. power its actual exercise of the power of eminent domain." (Liberty, supra at 504). The court concluded that imposing the burden on one property owner to extend beyond his own use "shifts the government's burden unfairly to a private party." (Id.) The United States Supreme Court has specifically ruled that there must be an "essential nexus" between the property owner's own use and the condition to be imposed. (See Nollan v. California Coastal Comm'& (1987) 483 U.S. 825.) Appellant acknowledges that it is responsible for addressing its own on -site drainage, which it has done through its grading and site improvement plans. This is no different than the developer in the Liberty case having to provide parking for its own patrons. Appellant addressed .the storm drainage historically received from the Champion Motors site by ensuring that it passes through to the historic downstream drainage relief route. However, the City's new requirement that appellant receive and retain all drainage of whatever nature from other properties is objectionable. because it is not related to appellant's proposed use of its own property. It would 3 9 2Z GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March, 24, 2005 Page 5 appear that perhaps adjacent property owners are not addressing thdir own on -site drainage. This is unfortunate but the City cannot attempt to address that drainage by making downstream property owners responsible for it. In effect, the City is asking appellant alone to bear the cost of providing flood control measures where the danger of flood is not related to appellant's property use. The City or upstream property owners should bear these costs. The City's recent demand that appellant receive and retain all off -site drainage lacks the "essential nexus" to the underlying Trader Joe's grading permit. The City has an obligation to provide drainage and flood control and it cannot shift this burden to appellant where the drainage is. not related to appellant's proposed use of its property. D. The City Cannot Delay Approval of Final Maps That Are in Substantial Conformance with Previously Approved Tentative Maps and on Grounds Unrelated to the Maps. The City has stopped final map processing for Parcel Maps 32683-1, 32683-2 and 32683- . 3. The sole reason for the delay in processing is the unrelated dispute over the off -site drainage condition discussed above. This delay violates the Subdivision Map Act. Government Code section 66474.1 states that "a legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with. the previously approved tentative map." When a developer has produced a final map that satisfies the previously approved tentative map, he is entitled to acceptance and approval of that final map without the imposition of new or altered conditions. (South Coast Central Regional Comm'n. v. Charles A. Pratt Constr. Co. (1982) 128 Cal.App.3d 830.). When a developer demonstrates substantial conformance, approval of the final map is a ministerial act. (Beck Develop. Co. v. So. Pac. Transport. Co. (1996) 44 Cal.App.4'h 1160.) New conditions may not be imposed at the final map stage. (Id.; see also Government Code section 66474.2.) The City previously approved a tentative map with conditions. Appellant has met all of the conditions. Appellant has produced final maps that substantially conform to the previously approved tentative map but the City is refusing to approve them. The City is now unilaterally adding a new condition at the final map stage. The City is asserting that final maps cannot be. processed until the: unrelated off -site drainage issue is resolved. The City cannot impose a new. condition at the stage of final map approval. E. Appellant's Requested Relief. Based on the above, appellant respectfully requests that the City Council rescind the .Department of Public Works imposition of a new condition that appellant be required to accept and retain all unrelated, off -site drainage: Appellant further requests that the City Council 330 2, GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION Mark A. Ostoich City of La Quinta March 24, 2005 Page 6 instruct its staff to complete processing of the final maps for ultimate approval by . the City Council. Very truly yours, t Mark A. Ostoich, of GRESHAM SAVAGE NOLAN & TILDEN, a Professional Corporation MAO/MWN Enclosures N:1W742\000\L;tr\City Council Appeal grading permit conditions-06 331 24 GOBLE EMAIL Exhibit "A" 332 2Ep Phyllis Jackson Subject: FW: Washington Park -----Original Message ----- From: "Paul Goble" <Pgoble@.la-quinta.org> Date: Mon, 14 Mar 2005 13:01:26 To:"Phyllis Jackson" <Phyllis.Jackson@ greshamsavag.e.com> Cc:".Jack Tarr" <tarr@cox.net>, "Bill Sanchez" <gsanchez@dc.rr.com>, "Tim Jonasson" <tjonasson@la-quinta.org>, "Steve Speer" <sspeer@la-quinta.org>, "Kathy Jenson (E-mail)"*<kjenson@rutan.com> Subject: RE: Washington Park Pursuant to my conversation with City Attorney, Kathy Jenson this morning, the City of La Quinta is declining to approve hydrological study and plan attachment language pursuant to your email transmittal of February 28, 2005. As indicated by the City Attorney, a formal letter of protest to the condition could be generated, should you so desire. Nevertheless, installation of the proper faciities for the physical acceptance of tributary drainage flows remain a City policy and standard condition of approval for development projects. Thanks, Paul Goble, P.E. City of La Quinta Public Works -----Original Message ----- From: Phyllis Jackson (mailto:Phyllis.Jackson@greshamsavage.com} Sent: Monday, February 28, 2005 11:07 AM To: Paul Goble Cc: Jack Tarr; Bill Sanchez Subject: Washington Park From Mark Ostoich, Mr. Goble, At Jack Tarr's request, enclosed are provisions Washington 111, Ltd. would like to have attached to hydrology studies, street plans or any other document that requires Washington 111 or any successor to accept drainage from lands outside the boundary of Washington Park. Please look this document over and provide me your comments. I will hear from you. Thanks for your help. Mark Ostoich Phyllis M. Jackson Legal Assistant to Mark A. Ostoich GRESHAM SAVAGE NOLAN & TILDEN 550 E. Hospitality Lane, Ste. 300 San Bernardino, CA 92408-4205 (909) 884-2171 (909) 890-9690 (fax) phyllis.jackson@greshamsavage.com 1 Please also let me know when 333 2f COLAROSSI EMAILS Exhibit "B" 334 2� - Phyllis Jackson Subject: FW: Final Map for Council Approval -----Original Message ----- From: Tony Colarossi [mailto:acolarossi@la-quinta.org] Sent: Monday, March 21, 2005 1:21 PM To: Bill Sanchez Subject: RE: Final Map for Council Approval Yes, they are all held up. Thanks, Tony -----Original Message ---- From: Bill Sanchez [mailto:gsanchez@dc.rr.com] Sent: Monday, March 21, 2005 11:59 AM To: Tony Colarossi Cc: Jack Tarr; Berny Zambrana Subject: Fw: Final Map for Council Approval Tony, What about 32683-1 and 32683-2? Please confirm that these will not be held up. Berny from The Keith Companies will be delivering the 8 1\2 x 11 sheets and stamped,cost estimates -that you requested today. When will the SIA agreements for -1 and -2.be ready? Thanks. Bill Sanchez Construction Manager Washington 111, LTD 78365 HWY 111, No 351 La Quinta, CA 92253 0 760-342-2674 M 760-485-5308 F 760-342-4046 gsanchez@dc.rr.com -----Original Message ----- From: Tony Colarossi [mailto:acolarossi@la-quinta.org] 1 3 35 29 Sent: Monday, March 21, 2005 11:13 AM To: gsanchez@dc.rr.com Subject: Final Map for Council Approval Hey Bill. I can't go any further with PM 32683-3. It has been placed on hold until the hydrology is approved by the public works engineers. So, you need to satisfy Paul's concerns so that he will provide direction to me so that I can provide you the SIAs for your signature. Thank You, Anthony Coiaros.si Assistant Engineer I Phone (760) 777-7089 Fax (760) 777-7155 Email acolarossi@la-quinta.org ***When replying or sending an email message to the City of La Quinta, please request a delivery receipt. Some email adresses are automatically blocked through our firewall.*** . Bill Sanchez Construction Manager Washington 111, LTD 78-365 HWY 111, No. 351 La Quinta, CA 92253 T 760.485.5308 F 760.564.3499 gsanchez@dc.rr.com 2 336 29 MEMORANDUM OF UNDERSTANDING (�;e 1 � - This Memorandum of Understanding ("MOU") is entered into this 3'd day of May, 2005, by and between Washington 111, LTD, a California Limited Partnership ("Developer''), and the City of La Quinta, California, a California Municipal Corporation ("City"). WHEREAS, a dispute has arisen between Developer and City relating to certain hydrology issues associated with the Washington Park development; AND WHEREAS, Developer appealed certain action of the Public Works Department to the La Quinta City Council, which commenced a public hearing on the appeal on April 19, 2005, which hearing was continued to May 3, 2005; AND WHEREAS, representatives of Developer and City have met in an attempt to resolve the appeal and did reach a tentative resolution subject to formal approval by way of this MOU; AND WHEREAS, the purpose of this MOU is to outline the negotiated points. Now, therefore, the parties agree as follows: 1. City agrees that the hydrology reports for Mass Grading, subsequent amendments and for Phases 1 & 2 prepared by PCA for Developer contains City - approved concepts. Developer agrees that the preliminary drainage concepts contained in the report for the Phase 3 area of the development require additional refinement pursuant to paragraph 4 that will be addressed by Developer as part of the plan check process for the already submitted construction improvement plans for Phase 3. Specifically, the City and Developer agree to the following concepts contained in the report and its accompanying hydrology map: a. The size of the drainage tributary area that Developer is responsible for retaining drainage on its site is approximately 65.1 acres including the volume capacity of the retention basins as set forth in the reports referenced in Paragraph 1, and does not include the tributary area known as the Champion Motors site. b. Hydraulic and storm drain plans for Phase 1 & 2 which includes Highway 111, Washington Street and Avenue 47 and all related offsite tributary areas, including hydrologic and hydraulic concepts, offsite inlet structure types, locations, assumptions and methodologies, as they pertain to Phases 1 & 2 and adjacent streets except as set forth in Paragraphs 4 and 6, below, setting forth the need for additional inlets. Page 1 of 4 338 MEMORANDUM OF UNDERSTANDING 2. City and Developer agree that currently the Champion Motors site drains to Simon Drive which subsequently drains onto Washington Street with the flow running south in the east gutter of Washington Street adjacent to the Washington Park development site. The City and Developer further agree that it is desirable to redirect the Champion Motors current storm drainage to an existing underground storm drain system to convey that drainage northerly to the Whitewater Channel. However, until the City or a third party constructs a connection to the existing underground storm drain to affect redirection of that flow, Developer agrees to accept the Champions Motors drainage flow (i.e. storm flows, not nuisance flows resulting from business operations on the Champion Motors site) provided that in doing so Developer is not required to oversize any of its drainage facilities, either temporarily or permanently, to accommodate that temporary drainage condition. Thus, excess drainage that is routed to the retention basins on the Developer site will be allowed to flow offsite when the retention capacity of the basins is exceeded. 3. City agrees to facilitate the design and construction, without cost to Developer, of a drainage connection to an existing underground storm drain located in Washington Street from an appropriate point on Simon Drive that affects redirection of the Champion Motors drainage from its current drainage route northerly to the Whitewater Channel. The drainage connection will be constructed within 60 months of signing this Memorandum. 4. Developer agrees to install, at its cost, a drainage inlet and connecting surface parkway drain in the east curb of Washington Street located north of the first bus stop. The inlet will be built at the time of construction of Phase 3B of Washington Park. The inlet will be sized for Developer's related tributary water for the 20- year storm event pursuant to the amended hydrology report as referenced in Paragraph 1 of this MOU. The drainage will flow from Washington Street via a parkway drain under the meandering sidewalk on Washington Street to the Washington Park parking lot where it will flow in the parking lot curb and gutter to a catch basin that then directs the flow to Retention Basin No. 4 via an underground storm drain pipe. To accomplish retention of the revised tributary area associated with Retention Basin No. 4 (i.e. tributary area that was formerly intended for Retention Basin No. 5) the City agrees that Developer may modify the retention basin to accommodate a water depth exceeding five feet plus one foot of freeboard as measured at the overflow location, provided the square footage of the original retention basin footprint is not decreased. 5. Developer agrees that all retention basins, except for Retention Basin No. 4, will be designed and constructed per Engineering Bulletin 97-03 or as otherwise approved by the City Engineer as required by the Conditions of Approval. City acknowledges that it has approved as an equal solution to Item # 6 of Engineering Bulletin 97-03 the drywell solution for Washington Park based on the letter of opinion issued by Sladden Engineering on Jan 14, 2005. Page 2 of 4 339 MEMORANDUM OF UNDERSTANDING 6. Developer agrees to install, at its cost, an additional inlet in the east curb of Washington Street immediately north of the intersection of Avenue 47 and Washington Street, to intercept related flows generated from a 100 year storm event and divert water through an open swale at approximately a 45 degree angle to an outlet in Avenue 47 and to continue its path of surface drainage as set forth in the (PCA - Phase 1 & 2) Hydrology Study. Construction of this surface inlet would occur at the sooner of (a) construction of Phase 4 of Washington Park, or (b) completion of the connection with the underground storm drain in Washington Street north of Simon Drive. 7. Developer agrees that use of cantilevered buildings or equivalent structures as contemplated and set forth in the (PCA - Phase 1 & 2) Hydrology Study will be subject to the approval of the City Building & Safety Department and City Public Works Director. 8. City agrees that all references to Developer will be deemed to include its successors in interest to all or any part of Washington Park, provided use of the Washington Park site remains as currently approved in Specific Plan 89-011, Amendment #4. 9. City and Developer agree that the primary cause for any delays in the processing of improvement plans was a result of a disagreement regarding the drainage requirements regarding the Washington 111 development site. Now that the City and Developer have resolved the drainage aspects that were in disagreement, it is understood all future processing of improvement plans will proceed per standard City processing policies. Improvement plans submitted by Developer will be returned with plan check comments (if any) for revision in less than ten (10) working days. 10.It is agreed that Map 32683-2 is scheduled for final approval at the May 3, 2005 City Council Agenda. It is also agreed that provided an agreement is reached on the Items set forth in this MOU at the May 3, 2005 City Council meeting that the City Engineer will schedule Map 32683-1 & 3 for the May 17,2005 City Council meeting. 11. If all parties execute the MOU at or before the May 3, 2005 City Council meeting, Developer shall withdraw its appeal. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Page 3of4 340 MEMORANDUM OF UNDERSTANDING CITY OF LA QUINTA: Thomas P. Genovese, City Manager Date ATTEST: June S. Greek, City Clerk City of La Quinta DEVELOPER: Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta WASHINGTON 111, LTD., a California limited partnership By: Old Anchor Inc., a California Corporation Its: General Partner 13 Jack Oldham Its: President Date: Date Page 4 of 4 341 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 2005/2006 Through 2009/2010 Capital Improvement Program and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). FISCAL IMPLICATIONS: Adoption of the Resolution will approve the projects identified in the Fiscal Year 2005/2006 through 2009/2010 CIP and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 funds. Allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2005/2006 annual operating budget. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2005/2006, it will also authorize the expenditure of $24,886,224 for Fiscal Year 2005/2006 capital project expenditures. The CIP was developed in a conservative manner using updated cost estimates for all projects. Projections were assumed using conservative estimates consistent with operating revenues. The projects for the next five years are based on considered need, and funding the City has available at this time with conservative projections of Development Impact Fees (DIF) anticipated being collected (300 units per year). CHARTER CITY IMPLICATIONS: Because RDA funding will be used on several of the proposed projects, the RDA funded projects will be bid with a requirement that the contractors pay prevailing wage. 342 BACKGROUND AND OVERVIEW: On March 15, 2005, staff presented the CIP and five-year forecast to City Council for review during a Study Session. The document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, Community Development Department, and the City Clerk's Office. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The amount allocated from the CIP for first year projects is called the capital budget and is based on the City's present fund balances. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are incorporated into the capital budget. The 2004/2005 CIP identified $10,458,076 in capital improvement projects. All 2004/2005 projects are either completed or currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2004/2005 Project Status Report," which lists: one 1996/1997 project carried -over; two 2000/2001 projects underway; one 2001 /2002 project complete; three 2001 /2002 projects underway; four 2002/2003 projects complete; four 2002/2003 projects underway; eight 2003/2004 projects underway; one 2003/2004 project complete; and four 2004/2005 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all approved active CIP projects. The City Council's comments from the March 15, 2005 Study Session are addressed as follows: The City Council requested the CIP include a project to complete the widening of Washington Street to a six -lane facility adjacent to the St. Francis of Assisi Church. 343 2 The City is currently carrying a project in the adopted capital budget, in the amount of $397,691, to assist the Church with street and drainage improvements. This funding may or may not be enough to address both issues. Staff will continue its efforts to coordinate with the Church regarding the drainage issues and will accelerate the street improvements. The City Council requested the CIP consider the inclusion of a parking structure in the City's downtown (Village). The City's Community Development Department is currently preparing a Parking Feasibility Study which will address the need for a future parking structure. The study will also address potential cost and funding sources. This matter will be presented for City Council consideration at a future meeting. The City Council requested the CIP include full bridge improvements to upgrade the low water crossings on Dune Palms Road spanning the Whitewater River and on Adams Street spanning the Whitewater River. Both projects have been included in the CIP as projects AD56 and AD57. The bridge improvements are also being recommended for partial funding within the Development Impact Fee (DIF) update. The City Council requested the CIP consider the inclusion of the 2"d Phase of the Municipal Library. The City Council recently included the completion of the 2"d Phase of the Municipal Library in the adopted capital budget for FY 04/05. The project has been removed from the list of additional projects presented within the CIP. The City Council requested plans, specifications and estimates (PS&E) for the Museum Expansion be completed. The PS&E phase of the Museum Expansion is currently funded within the City's adopted capital budget. The construction phase is listed as project AD01. Staff intends to reinitiate the PS&E phase of the project during this fiscal year. The City Council requested the CIP consider the inclusion of new signals at: Washington Street and Lake La Quinta Drive, Washington Street and Simon Drive, and Washington and Sagebrush. The Washington Street and Simon Drive traffic signal is being installed by a Developer with 50% funding from the City. The Washington Street and Sagebrush signal is currently out to bid. The Washington Street and Lake La Quinta Drive signal is listed as project AD05. Staff does not believe the signal at Lake La Quinta Drive will meet warrants until development occurs on the west side of Washington Street. 344 3 The City Council requested the CIP consider the inclusion of a parking lot for the Cove Oasis. Staff is currently reviewing this site, gathering input from the cove community and scoping a parking lot project for future consideration by the City Council. The City Council requested the CIP consider adding the Avenue 58 Pavement Rehabilitation Improvements from the AD Project List to the funded years. The project is currently listed as project AD 17. The project is also addressed in the City's Pavement Management Program (PMP). The PMP currently recommends the pavement on Avenue 58 be rehabilitated during Fiscal Year 2006/2007. Staff will address this project in the Fiscal Year 2006/2007 Operational Budget for Street Maintenance. The City Council requested the CIP consider the installation of new (artistic) bridge railing on the Washington Street Bridge spanning the Whitewater River. This project was approved for inclusion in the City's capital budget, in the amount of $1 10,000, on December 2, 2004. Design of this project is scheduled to begin in Fiscal Year 2005/2006. The City Council requested the CIP consider the inclusion of two new entry monuments. The entry monuments should be considered on Washington Street at Darby Road and on Jefferson Street at the northern City Limits. The CIP has been amended to include Project AD58 - City Entrance Monuments and Landscape Improvements. The estimate for the installation of new entry monuments at both locations is approximately $350,000. The funding source cited is "To Be Determined." The project scope and costs will be further evaluated and submitted for City Council consideration when the project is moved up in funding priority. Overall, the City is proposing approximately $27,594,921 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $78,154,443. The funding of the "Additional Projects" listed will require future City Council consideration to ensure revenue availability. This CIP is developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City Staff will present the project to the City Council for authorization. Health and Safety Code Section 33445(a) requires the City Council to make certain findings regarding the use of RDA funding for capital improvement and to consent to the use of the funding. The attached resolution contains the required findings, which are supported by the information in this report and by the staff presentation which will be made during the hearing. 3t 4 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program and making certain findings pursuant to Health and Safety Code Section 33445(a); or 2. Conduct a public hearing and modify the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program and direct staff to make necessary revisions, and adopt a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program at a future City Council meeting; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. n s on, P.E. Public Works Di ector/City Engineer Approved for submission by: 6,,Thomas P. Genovese, City Manager 346 5 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2005/2006 THROUGH 2009/2010 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2005/2006 through 2009/2010 Plan proposes approximately $27,594,921 in improvement projects and $78,154,443 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2005 and ending June 30, 2010; and WHEREAS, the amount allocated from the Plan for first -year projects, called the capital budget, proposes $24,886,224 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City 's General Fund or from other sources to completely and fully fund the improvements identified within the capital budget; and WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 ("Project Area") as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and 347 6 Resolution No. 2005- Capital Improvement Plan Adopted: May 3, 2005 Page 2 WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council does hereby adopt the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Plan, and approve the capital budget, as shown in Exhibit 1, heretofore made a part of this Resolution. SECTION 3. The City Council hereby consents to Agency funding to be utilized to fund certain improvements within the Fiscal Year 2005/2006 Capital Budget. SECTION 4. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The proposed improvements identified within the Fiscal Year 2005/2006 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. No other reasonable means of financing the improvements are available to the community. C. The proposed improvements identified within the Fiscal Year 2005/2006 Capital Budget will assist in the elimination of one or more blighting conditions inside the Project Area and are consistent with the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion of said capital budget into the Fiscal Year 2005/2006 operating budget, which appropriates funds for specific facilities, equipment and improvements. '14 8 7 Resolution No. 2005- Capital Improvement Plan Adopted: May 3, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of May, 2005, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None 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 L. d t O c O m LL r- G a rn c ry L d L li y L c U LL 9 Z c w Oa Ox a W * � CL � zI.- w a awO CCWa Li 0 c L Owo m c C� J o C7 Q N H Q aW L� J V OOOd•0�O0000 OOOCC)CA(DOr000 000`�tMti0co0OO cimCDw(DmaMLotxiL tf) N r O O O LO"t I- ti r- r O r N CO r r �- M N 0 O 0 C LO O 0 0 LO N E U c o o CL 0 E J N O � O C Cl) '$- L 0 > U -- a) V y C J E fu O = E - 0 > L 0 Cd CO > L, n C ' Q E O Y cm — C N N cn O CU .- c (o �in2Q O CO N M r N r 0 C) 0 otifl- r O OCACAO O 0) 0 0) 0 N r r r N mip WN O O 00 r h O O Ln M t` f- r Di r O O r O (D O O O (D (n N N co 2 a c O a) > N 00 CL E C w N Y c— 3 � N 0 CO N aa) CL C N — M cn N cv aU O O r LO 00 N N co O (A r d' O O O O ti O v-- (C•) CM ti N r r r O O LO O N LO 1-: f-� M c0 V N N co Go N ►A u Nt r ti o m U rJ N �z cc to .� 0 0 r N r 1A Q r O O Q N 2 C U. c o c•- ,a E C 8 E co CL � QOCl) i O C "t LO E Ncm CD CD C > (n 7 � L O a) a)N ` E Q Q CU � ca N ca c C C C m CD cp cm COc/)U) N U)Lo U U U C O CU CO CO � NF-HH CCD Q Z Z Z N M d' Lo CD O O O O O LO LO LO 0 LO 00000 0 0 0 0 0 N N N N N 3�0 41 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Public Hearing to Consider Authorization to Circulate the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3- Authorize staff to circulate the Amended Relocation Plan and Annual Survey Update for a 30-day public review and comment period. FISCAL IMPACT: None. BACKGROUND AND OVERVIEW: Since 1993, the La Quinta Redevelopment Agency has been actively implementing affordable housing projects and programs that rehabilitate existing, and produce new, affordable housing units. During this period, the Agency has secured 894 dwellings that will remain affordable to very low-, low- and moderate -income households for 30 to 55 years. In November 2003, the Agency Board directed staff to acquire the Vista Dunes Mobile Home Park (Park) in order to redevelop the property with 80 new single-family and duplex dwellings that would be affordable to very -low and low-income family households for 55 years. In order to redevelop the Park, existing Park residents would be relocated. Given this relocation, the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines required the Agency to prepare and adopt a relocation plan that established the policies and procedures the Agency would follow when relocating Park residents. The Relocation Plan for the Vista Dunes Mobile Home Park Project was prepared by the Agency and adopted by the City Council on May 4, 2004. Pursuant to the California State Housing and Community Development Department (HCD) regulations, the Relocation Plan must be annually updated when relocation activities take longer than one year to complete. Attachment 1 presents the S:\CityMgr\STAFF REPORTS ONLY\Ph 2 ReloPlnUpdate.doc 351, Amended Relocation Plan and Annual Survey Update. The requested action will facilitate receiving public comment during the Public Hearing on the Amended Plan, and the 30-day public review and comment period will provide additional opportunities, as required by law, for the remaining Park residents, the community and local housing agencies to comment on the Amended Relocation Plan. This document will be published in both English and Spanish; copies of both the English and Spanish versions will be distributed to the remaining Park residents and will be available for public review. Staff anticipates scheduling the Amended Relocation Plan for final City Council approval on June 21, 2005. Since May of 2004, the Agency has achieved relocation settlements with 82 of the 92 Park households, with settlement discussions continuing on a daily basis. The Amended Relocation Plan was completed in April 2004. Since the Amended Relocation Plan was prepared, a total of 78 households have vacated the Park leaving 14 remaining households (the Amended Relocation Plan indicates that there are 20 remaining households). Of those households who have relocated, 35 purchased single-family homes, 31 purchased mobile homes that exceed the displaced unit in size and amenities, four elected to rent versus purchase homes, and eight chose to move and indicated that they would advise the relocation staff of their final disposition. At the time of this staff report's preparation, four of the remaining 14 households have entered valid purchase transactions and are in the process of closing escrow. Of these four households, two are purchasing single-family homes and will own the real estate on which they reside (as opposed to renting mobile home pad space), and two are purchasing mobile homes that exceed the displaced unit in size and amenities. HCD Regulations require that the Agency annually update the Relocation Plan to analyze the needs of the remaining Park residents and to identify the availability of comparable replacement units. The Agency's Relocation Consultant, Overland, Pacific and Cutler (OPC) interviewed the 20 remaining Park residents to determine their relocation needs, and surveyed the surrounding communities to identify comparable replacement housing opportunities. Factors used to identify comparable replacement housing units include, but were not limited to, housing type (mobile homes, single-family homes and apartment units), tenure (purchase or rent), size, proximity of employment and amenities near the replacement housing opportunities, and the individual preferences of the remaining Park residents. OPC's survey identified 35 available mobile home units and three rental housing units. In addition, staff is continuing to facilitate single-family home purchases for Park residents who qualify to participate in the Agency's Silent Second Trust Deed Home Purchase Program. The Amended Relocation Plan was prepared through a collaborative effort involving OPC, Agency Legal Counsel and RSG. The Amended Relocation Plan is consistent with previous City Council direction provided during the initial Relocation Plan's 352 S:\CityMgr\STAFF REPORTS ONLY\Ph 2 ReloPlnUpdate.doc preparation. Therefore, this amended document does not diminish or otherwise reduce any benefits or program characteristics previously approved by the City Council. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize staff to circulate the Amended Relocation Plan and Annual Survey Update for a 30-day public review and comment period; or 2. Direct staff to further modify the Amended Relocation Plan and Annual Survey Update based upon testimony received and then circulate the Amended Relocation Plan and Annual Survey Update for a 30-day public review and comment period; or 3. Provide staff with alternative direction. Respectfully submitted, -Amc� Dougla R. Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amended Relocation Plan and Annual Survey Update 353 S:\CityMgr\STAFF REPORTS ONLY\Ph 2 ReloPlnUpdate.doc ATTACHMENT #1. Amended Relocation Plan And Annual Survey Update for the VISTA DUNES MOBILE PARK PROJECT Prepared For THE LA QUINTA REDEVELOPMENT AGENCY Draft May 3, 2005 By Overland, Pacific & Cutler, Inc. 41555 Cook Street, Suite 250 Palm Desert, CA 92260 Phone: (760) 776-1238 WWW.OPCSERVICES.COM 2156/015610-0080 354 y 574348.08 a04/27/05 TABLE OF CONTENTS Patze I. PROJECT DESCRIPTION...............................................................................................2 A. THE REGIONAL LOCATION............................................................................ 3 B. PROJECT SITE LOCATION...............................................................................4 C. DEMOGRAPHIC INFORMATION.................................................................... 4 1. Population................................................................................................. 4 2. Ethnicity....................................................................................................4 II. ASSESSMENT OF RELOCATION NEEDS.................................................................. 5 A. PROJECT IMPACTS........................................................................................... 5 B. SURVEY SCOPE AND METHODOLOGY.......................................................7 C. SURVEY RESULTS............................................................................................7 1. General......................................................................................................7 2. Occupancy/Overcrowding........................................................................ 8 3. Replacement Housing Needs.................................................................... 9 4. Income......................................................................................................10 5. Ethnicity/Language.................................................................................12 6. Disabled Households..............................................................................12 7. Preferred Relocation Areas .....................................................12 III. RELOCATION RESOURCES.......................................................................................12 A. RESOURCE SURVEY METHODS..................................................................12 B. SUMMARY OF THOSE RELOCATED PRIOR TO THIS UPDATE 13 C. SUMMARY OF THOSE TWELVE HOUSEHOLDS CURRENTLY IN 15 ESCROW D. SURVEY AREA DESCRIPTION 16 E. REPLACEMENT HOUSING AVAILABILITY...............................................15 1. Mobile Homes - For Sale........................................................................17 2. Rental Housing........................................................................................18 3. Resources Available to Meet the Needs of the Elderly ..........................19 4. Resources Available to Meet the Needs of the Disabled 19 5. Summary................................................................................................. 20 D. RELATED ISSUES............................................................................................20 1. Concurrent Residential Displacement.....................................................20 2. Temporary Housing................................................................................22 3. Program Assurances and Standards..:..................................................... 22 IV. THE RELOCATION ASSISTANCE PROGRAM.......................................................23 A. INTRODUCTION............................................................................ ...23 B. RELOCATION ASSISTANCE ADVISORY PROGRAM ...............................23 C. RELOCATION BENEFITS...............................................................................25 1. Residential Moving Expense Payments...............................:..................26 215"15610-0080 574348.08 a04/27/05 Page a. Actual Cost (Professional Move)................................................26 b. Fixed Payment (Based on Room Count Schedule).....................26 2. Rental Assistance To 90-Day Residential Tenants Who Re Rent .......... 27 3. Down Payment Assistance To 90-Day Tenants Who Choose to Purchase.................................................................................................. 28 4. Replacement Housing Payments to Owner -Occupants ..........................28 a. Purchase Price Differential........................:..............::................29 b. Mortgage Interest Differential....................................................29 C. Incidental Expenses....................................................................30 d. Owner -Occupant "pad rents".......................................................30 5. Payments To Non Tenured Residential Tenants.....................................30 D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS.......................................................................................................... 30 E. LAST RESORT HOUSING............................................................................... 31 F. RELOCATION TAX CONSEQUENCES.........................................................32 V. ADMINISTRATIVE POLICIES, PROJECT TIMING AND BUDGET.......................32 A. GRIEVANCE PROCEDURES..........................................................................32 B. EVICTION/TERMINATION POLICY.............................................................32 C. CITIZEN PARTICIPATION.............................................................................. 33 D. PROJECTED DATE OF DISPLACEMENT..................................................... 34 E. ESTIMATED PARK CLOSURE RELOCATION COSTS ............................... 35 F. DETERMINATION OF NECESSARY RESOURCES 35 356 _ 2156/015610-0080 -11- 574348.08 a04/27/05 LIST OF TABLES Table 1: Year 2000 Decennial Census Data - Ethnicity........................................................................3 Table 2: Distribution of Owners (Table 2a) and Tenants (Table 2b).....................................................6 Table 3 : Replacement Housing Needs...................................................................................................7 Table4: HUD Income Limits................................................................................................................8 Table 5: ' Park Resident Income Levels by HUD standards for Riverside County ................................. 8 Table 6: Park Resident Income Levels by HUD standards and Replacement Needs ............................9 Table 7: Location and Types of Replacement Units for those Relocated............................................11 Table 8: Available For -Sale Mobile Home Units................................................................................13 Table9: Available Rental Housing......................................................................................................14 Table 10: Schedule of Fixed Moving Payments....................................................................................21 Table 11: Computation of Rental Assistance Payments (Example)......................................................22 Table 12: Calculation of a Purchase Price Differential Amount............................................................23 LIST OF EXHIBITS EXIMIT A: Residential Interview Form EXHIBIT B: Informational Statement for Families and Individuals EXWBIT C: Lawful Presence Certification EXHIBIT D: Grievance Procedures LIST OF ATTACHMENTS ATTACHMENT 1: Resource Survey ATTACHMENT 2: ATTACIVvJENT 3: ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: ATTACHMENT 7: ADDENDUM Park Locations and Amenities Grid Rancho Mirage and Cathedral City Map of Amenities Palm Springs Area Map of Amenities Palm Desert Area Map of Amenities La Quinta, Indio Area Map of Amenities Desert Hot Springs Area Map of Amenities The Amended Relocation Plan and Annual Survey Update was adopted by the City Council of the City of La Quinta on 2005 The attached Agenda incorporates comments to the Plan and the responses. 21561015610-0080 357 -574349.08 a04/27l05 INTRODUCTION The La Quinta Redevelopment Agency has been actively implementing affordable housing initiatives since 1991. These initiatives encompass funding silent second trust deed mortgages and residential property rehabilitation loans, acquiring affordable units in private developments, and purchasing property that was subsequently developed with affordable housing. The City of La Quinta Redevelopment Agency ("Agency") owns the Vista Dunes Mobile Park (the "Park") at 78-990 Miles Avenue, La Quinta, CA. The park will be redeveloped with eighty (80) very - low income rental housing units. Prior to the Agency's acquisition of the Park and at the time of the initial Relocation Plan's adoption in May of 2004, the Park contained 92 mobile home units, five (5) of which were tenant -occupied and eighty-seven (87) of which were owner -occupied. At the time of drafting this Amended Relocation Plan and Annual Survey Update, the Park contains twenty (20) occupied mobile home units, one (1) of which is tenant occupied and nineteen (19) of which are owner occupied. Of these twenty (20) households, twelve (12) are presently in escrow to purchase mobile homes or single family residences. In addition, there is a laundromat business on this site. This Amended Relocation Plan and Annual Survey Update addresses residential displacement only, therefore the commercial use will not be considered further in this plan, but will be advised of the relocation assistance program and it's eligibility for benefits. This document consists of an amendment to the Relocation Plan adopted by the Agency on May 4, 2004, and updates and revises certain information contained in the survey and analysis of relocation needs (required by 25 Cal. Code Regs. § 6048) and the survey and analysis of available relocation resources (required by 25 Cal. Code Regs. § 6052) that were initially adopted in May 2004. Regulations contained in Title 25 of the California Code of Regulations at sections 6048 and 6052 require that the Agency annually update survey information that is used to assess relocation of Park residents. In addition to the annual survey updates, this amendment also revises other information contained in the initial Relocation Plan to take into account any changes resulting from the annual survey updates. (Cal. Code Regs. section 6038(d).) In order to evaluate the present circumstances and re -housing requirements of the residential occupants that will be permanently displaced by the Project, the Agency has retained Overland Pacific and Cutler ("OPC"), a professional relocation consulting firm, to prepare this Amended Relocation Plan and Annual Survey Update (the "Plan"), as well as administer the required Relocation Assistance Program, similar to the obligations imposed on OPC under the May 4, 2004 Relocation Plan. The survey methodology is described in the appropriate sections of this Plan. In summary, the surveys were conducted to update the relocation resource needs as to those Park residents that are remaining in the Park as of the date of this Plan. Of the twenty (20) households remaining in the Park, twelve (12) have entered into valid purchase transactions but are not excluded from the needs survey. The twelve (12) households in escrow are described in Section III.A. below, however the resource survey does not identify resources for these households because they are presently in escrow to obtain comparable replacement units. As a result, the resources survey focuses on the eight (8) households that are not yet in escrow. Should any of the twelve (12) transactions fail for any reason, the individual needs of that household will again be considered and the then current availability of housing and cost information will be updated. 2156/015610-0080 358, 574348.08 a04/27/05 The Plan provides the results of a needs assessment survey and relocation resources survey for the residential occupants as described in the preceding paragraph. This Plan also sets forth policies and procedures necessary to conform with statues and regulations established by the California Relocation and Real Property Acquisition'Guidelines, Title 25, California Code of Regulations, Chapter 6, Section 6000 et seq. (The "Guidelines"), and Rules, Regulations and Procedures as adopted by the La Quinta Redevelopment Agency. This Plan complies with the Housing Element of the City of La Quinta General Plan, which was certified on November 2, 2004 and accepted by the HCD on December 29, 2004. Section 1: General and specific descriptions of the project area and area demographics Section 2: Updated Survey data concerning the demographic characteristics and present circumstances of Park residents and their relocation needs Section 3: Updated Survey of the availability of comparable replacement housing within the City of La Quinta and surrounding communities of Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs and Desert Hot Springs Section 4: The steps and procedures that the agency will follow to ensure a fair and equitable relocation program. Section 5: An explanation of how the project is consistent with the requirements of the City of La Quinta Municipal Code and the Government Code. This Plan is not a notice to vacate nor does it establish eligibility for relocation assistance. Occupants who move before being advised of their eligibility to receive relocation assistance benefits or fail to maintain their tenancy in good standing could jeopardize their right to claim relocation assistance benefits. I. PROJECT DESCRIPTION A. THE REGIONAL LOCATION The City of La Quinta is located in the County of Riverside, California. (See Figure 1: Regional Project Location) 2156/015610-0080 574348.08 a0427/05 359 { Figure 1: Regional Project Location B. PROJECT SITE LOCATION The Project site is located on the north side of Miles Avenue, west of Adams Street. (See 2156/015610-0080 574348.08 804/27/05 360 Figure 2: Project Site Location C. DEMOGRAPHIC INFORMATION 1. Population of the City The Year 2000 Decennial U.S. Census (the Census) indicated a total population of 23,694 people, 8,445 households, and 6,553 families residing in the city. 2. Ethnicity of the Census Tract According to the Census, the ethnic mix in the subject Census Tract was approximately 62.90% `White'; 1.20% African American, 0.40% American 2156/015610-0080 3 6 1 574348.08 a0427/05 Indian and Alaska Native, 0.10% Native Hawaiian and other Pacific Islander, and 1.70% from two or more races. 32.00% of the population is Hispanic or Latino of any race. Source: U. S. Census Bureau, 2000. (See Table 1, below.) H. ASSESSMENT OF RELOCATION NEEDS The Guidelines require that the Agency annually update the information contained in the survey and analysis of relocation needs. (25 Cal. Code Regs. § 6048(b).) This section tracks the requirements of Guideline section 6048 and analyzes the updated survey prepared to address relocation needs of those presently residing at the Park. A. PROJECT IMPACTS AND LOCATIONAL CHARACTERISTICS Closure of the Park will result in the permanent displacement of 92 mobile home units. At the time of the initial May 4, 2004 Relocation Plan, there was one vacancy and 92 resident households. At the time of the initial Plan's adoption, five (5) of the 92 resident household units were tenant -occupied and eighty-seven (87) were owner -occupied. The Park contained a mix of seniors and families with an average occupancy of slightly more than 7 years per household. At the time of drafting this Amended Relocation Plan and Annual Survey Update, the Park presently contains twenty (20) mobile home units, nineteen (19) of which are owner occupied and one (1) of which is tenant occupied. Of the twelve (12) households presently in escrow, eleven (11) are in owner -occupied units 2156/015610-0080 362 574348.08 a04/27/05 and one (1) is in a tenant -occupied unit. Of the eight (8) households that still require replacement resources, eight (8) are in owner -occupied units and none (0) are tenant - occupied. Guideline section 6048(d) requires the Plan to describe the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement housing. Based on the survey conducted in connection with this Plan, the locational characteristics of the Park are as follows: The Vista Dunes Mobile Park is located at 78-990 Miles Avenue, La Quinta, CA and comprises approximately 9.7 acres of land on the north side of Miles Avenue, west of Adams Street. According to responses received in connection with this updated survey, the employment of remaining Park residents is mainly divided between hotel services, retail sales, service oriented providers and construction/landscaping. Those respondents indicating that they are employed by hotel services, for the most part, work in La Quinta, Rancho Mirage, Palm Desert, and Indian Wells. Those respondents stating that they are service oriented providers, are employed throughout the Coachella Valley and the construction/landscape employees work where needed, not only in the Coachella Valley but also the hi -desert areas and Moreno Valley. Medical services are readily available with at least 4 urgent care centers located within 5 miles of the Park. JFK Hospital is located in Indio, approximately 3.5 miles from the Park. There are 2 public parks located within 2 blocks of Vista Dunes Mobile Home Park and community services such as a recreation center and senior center are located within 5 miles. Public transportation provided by Sunline Transit is available within one half mile of the Park to transport residents. Shopping is easily accessible with Walmart, Target, Albertson's, Ralph's, Rite Aid, Long's Drug Store and many restaurants and shops located within 5 miles. Proximity to elementary, middle and high school is within 1 mile of the Park. College of the Desert is approximately 5 miles from the Park and trade school classes are available in Indio, a distance of approximately 2 miles. The post office, City Hall, SSI office, employment service offices and other public offices are all located within approximately 4 miles of the Park. The remaining households did not indicate the need to be in close proximity to family or friends due to dependency relationships. However, the survey area concentrated on parks within an approximate fifteen mile radius of the Park, therefore family and friends would remain relatively close. 2156/015610-0080 J 574348.08 a04/27/05 363 B. SURVEY SCOPE AND METHODOLOGY With respect to the initial survey prepared for the May 4, 2004 Plan, information necessary for the preparation of the initial Plan was obtained primarily through door-to- door and telephone interviews conducted by bi-lingual staff in the month of January, 2004. Inquiries of occupants concerned household size and composition, income, rental date, length and type of occupancy, ethnicity, language spoken, disabilities/health problems, and replacement housing preferences. The data in the initial May 4, 2004 Plan was based on the responses of 91 of the 92 households in the project area to these interviews. Additional information concerning residents was obtained from the mobile home park management. With respect to the annual survey update and the discussion contained in this updated Plan, information was obtained primarily from face-to-face and telephone interviews conducted by bi-lingual staff during the months of December, 2004 and January and February, 2005. As required by law, the Agency will continue to monitor remaining Park residents' relocation needs on an individualized basis. A sample of the Residential Interview Form used for the initial Plan is provided in Exhibit A to this Plan and provides a framework for the information solicited. This form is consistently updated for each household as new information is provided. The information required by Guidelines section 6048(c) was solicited and obtained whenever the interviewed household was willing to provide such information. The data contained in the annual survey update is based on the response of twenty (20) of twenty (20) households remaining at the Park at the time of this Plan's drafting. C. SURVEY RESULTS 1. General Among the remaining eight (8) respondent households, there is a total of thirty three (33) individuals, twenty two (22) adults and eleven (11) children. There are seven (7) households with children and one (1) household occupied solely by adults. Of the eight (8) households not presently in escrow, there is one (1) senior with no disabilities. Among the twelve (12) respondent households, who are in escrow to purchase a replacement dwelling, there is a total of forty eight (48) individuals, twenty five (25) adults and twenty three (23) children. There are eleven households with children and one (1) household occupied solely by adults. Of the twelve (12) households, there is one (1) senior with no disabilities and one (1) child with a learning disability. Owner -occupants reside in their own coaches and pay a monthly space rent while tenants rent a mobile home from either the Park or an off -site owner. Monthly space rents for owner -occupants and tenants range from $300 to $450: 2156/015610-0080 574348.08 a04/27/05 3 Table 2. (a & b) below illustrates the distribution of owner vs. tenant households. * One child has a learning disability. The needs of this child are addressed in Section 5. 2. Occupancy/Overcrowding Among the eight (8) remaining households, two (2) occupy two -bedroom units and six (6) occupy three bedroom units. The average number of persons per household is four (4). The largest two -bedroom household is six (6) persons, and the largest three -bedroom household is six (6) persons. Among the twelve (12) respondent households, who are in escrow to purchase a replacement dwelling, one (1) occupies a one -bedroom unit, seven (7) occupy two -bedroom units, three (3) occupy three bedroom units and one (1) occupies a 4 bedroom unit. The average number of persons per household is four (4). The largest one bedroom household is one (1) person, the largest two -bedroom household is six (6) persons, the largest three -bedroom household is six (6) persons and the largest four -bedroom household is five (5) persons. Altogether based on the Agency's housing standards, there are two (2) overcrowded households remaining in the park. The two (2) overcrowed households each have six (6) family members occupying a two (2) bedroom unit. 2156ro15610-M ' "3 V 5 ") 574348.08 a04/27/05 3. Replacement Housing Needs In general, replacement housing needs are expressed in terms of numbers of units needed by bedroom size and type of construction! Bedroom size requirements are a function of current housing circumstances and the necessity, if any, to increase housing size due to overcrowding. The statutory presumption is that displacees are expected, at a mmi ni um, to be offered housing similar in size to their current accommodations and within their financial means. Attention will be given to individual preferences when selecting referrals to comparable replacement housing. The ascending age and declining structural integrity of the remaining units prevents relocation of the units to another mobile home park. In all instances, the remaining units are unsafe to move and would not make a move without suffering a severe compromise to structural integrity. This would render the moved units uninhabitable. Therefore, the owner -occupant households will beeligible for payments to replace their residence and assistance with any increase in space rent at the replacement park. For the purpose of computing overall replacement housing needs and preparing the relocation assistance budget, it is assumed in this Plan that owner and tenant replacement housing needs will be met by reliance on available open market units and not through the relocation of currently occupied coaches. Table 3 below summarizes the number of bedrooms currently occupied in each of the remaining units, broken down to distinguish between those in escrow and those still looking, versus the number of bedrooms needed according to family size. Owner occupant households are shown separately from tenant occupied households. 1 See P. 15 for complete definition of Comparable Replacement Dwelling. 6 2156/015610-0080 3 574348.08 a04/27/O5 * Two (2) households presently occupy units that are not adequate in size for the number of family members. These households will be upgraded from 2 bedroom units to 3 bedroom units. 4. Income All households rate below 120% of the recognized Median Income for the area by the U.S. Department of Housing and Urban Development (HUD) standards for Riverside County. See Table 4 below for HUD income limitations. Among the eight (8) remaining households , one (1) qualifies as Extremely Low income, five (5) qualify as Very Low income and two (2). qualify as Low income. Among the twelve (12) respondent households, who are in escrow to purchase a replacement, three (3) qualify as Extremely Low income, five (5) qualify as Very Low income, three (3) qualify as Low income and one (1) qualifies as Median income. Table 5 below illustrates household income levels by HUD standards. 2156/01561"080 574348.08 aM27/05 367 Regulation section 6048(d) requires the Assessment of Relocation Needs survey to identify the number of units "by cost for each size category". Since HCD Regulations require the survey to identify the need for affordable comparable replacement units, identification of units by cost is best demonstrated by identifying the income level need of each household in correlation to the unit's size. This is also appropriate because many of the existing units are dilapidated and old. As a result, the "cost" of such units, without reference to the income level of the households, skews the search for comparable units in a way that prejudices the households, since comparable units would then be those in a similar cost range which, at this level, would be unsafe or dilapidated. Table 6 below illustrates the number of bedrooms needed for each income level according to HUD standards for both the eight (8) households still looking and twelve (12) households in escrow. Bedrooms Needed Extremely Low Very Low Low Median Rem. 8 12In Escrow Rem. 8 12In Escrow Rem. 8 12In Escrow Rem. 8 12In Escrow 2 - - 1 3 - 2 - 1 3 1 2 4 1 2 1 - - 4 _ 1 - - - - - - 2156/015610-0080 -� 574348.08 a04/27/05 3 6 5. Ethnicity/Language Ethnicity among the remaining Park resident households is 5% White, and 95% Hispanic. Spanish was the primary household language for all but one (1) of the resident households. 6. Disabled/Handicapped Households One (1) household that is presently in escrow reported a child with learning disabilities that might affect the choice of replacement housing. Based on the interview conducted for this household, special schooling is not required. However consideration was given to the fact that it may be beneficial for the child to remain in the current school and have access to the school bus that serves that particular school. The school is approximately one (1) mile from the Park. This household is in the process of purchasing a home utilizing the City of La Quinta's affordable homes silent second program and will relocate within the City of La Quinta- 7. Preferred Relocation Areas Of the remaining eight (8) households, five (5) expressed the hope. that they would be able to relocate within the City of La Quinta. M. RELOCATION RESOURCES Replacement housing options for Park residents will include: 1) Available mobile homes for sale in all family parks in the cities of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs and Desert Hot Springs; 2) Available vacant spaces in those same parks to accommodate new or slightly used units; 3) Rental housing in those cities, including single family dwellings. A relocation resources study was initially prepared for the May 2004 Relocation Plan. This initial study is described and summarized in this section to provide information relating to the past activity relating to relocation of Park residents. Additionally, this section contains the annual survey update data to provide information on relocations resources for those eight (8) households still living at the Park that have not yet found replacement units. As to the twelve (12) households currently in escrow, subsection A below contains a summary of their arrangements. This section tracks the requirements of Guideline section 6052 and analyzes the updated survey prepared to address relocation resources of those presently residing at the Park. A. RESOURCE SURVEY METHODS (Prior Study and Annual Survey Update) In connection with the initial May 4, 2004 Relocation Plan, a replacement housing survey was conducted to reflect market analysis conducted during the months of December, 2003 and January, 2004. Monthly surveys were thereafter conducted to update the stock of available comparable units. The survey area included La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs and Desert Hot Springs. The most remote 215&015610-0080 - - 574348.08 a04/27/05 369 location, Desert Hot Springs, was included because several households expressed the desire to move there. In the initial survey, as well as the updated survey, the selection of these cities was based on the comparability of neighborhood characteristics including proximity to schools, shopping, medical facilites, transporation and employment. This comparability is described below. The mobile home parks selected contained units that were superior to the displaced units. In many cases, they were gated communities offering increased security for residents. Information was obtained from newspapers, the internet, real estate agents, telephone interviews and drive -by site inspections. The Agency concluded the areas of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City and Palm Springs were reasonably related to the displacement area and to the needs and preferences of the persons to be displaced and have relevant characteristics which equal or exceed those of the Park neighborhood. To the extent that identified units were superior to the existing housing of Park residents (because many of the existing units were deteriorated) and thus more expensive, the Agency increased relocation benefit payments, as it is permitted to do by Government Code section 7272.3 and Regulations section 6139, to permit residents to obtain these superior units. As a result, identified resources were made affordable to those that moved and there was, therefore, adequate comparable replacement units. For the annual survey update, a resource survey was conducted during a three month time -period, from December, 2004 through early March, 2005, to identify available comparable, decent, safe and sanitary units in proximity to the Park. Attached as Attachments 1,2,3,4,5.6 and 7 are maps showing the location of family parks and their proximity to various amenities. Based on the current level of occupancy at the Park, seven (7) 3-bedroom and one (1) 2- bedroom unit will be required to adequately relocate the remaining eight (8) households. The survey area for the annual update, which is described in more detail below, includes the cities of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs and Desert Hot Springs. Therefore, the annual update survey focused on confirming the availability of the number of comparable, decent, safe and sanitary units, which contain the required minimum number of bedrooms, are of adequate size for each household, and are comparable with respect to the number of rooms and habitable living space. Survey results are being provided to the local housing, development, and planning agencies of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs, Desert Hot Springs and Riverside County and shall be compared to other existing information on housing availability. If necessary, after circulation, this section will be revised based on comments received from these agencies. B. SUMMARY OF THOSE RELOCATED PRIOR TO THIS UPDATE With respect to those that relocated from the Park prior to this annual update survey, information is provided in this section to summarize their replacement housing circumstances. Replacement units were inspected by relocation staff prior to execution of a contract to rent or purchase in order to assure the dwellings met the comparable, decent, safe and sanitary criteria, contained the required minimum number of bedrooms, 2156/015610-0080 _ 370 ; 574348.08 a04/27/05"`� were of adequate size for each household, and were comparable with respect to the number of rooms and habitable living space. Table 7 below illustrates the type and location of the replacement units. * Residents who chose to move to outlying areas or outside of California indicated reasons due to enhanced job opportunities, closer proximity to family, health reasons or an expressed desire to leave the Coachella Valley. Of the seventy-two (72) households that have relocated, thirty-six (36) purchased conventional housing and are homeowners and now own the real estate on which they reside as (as opposed to renting pad space). Twenty-four (24) purchased mobile homes that exceed the displaced unit in size and amenities.. Four (4) of the households opted to rent rather than purchase since these residents indicated that renting was more conducive to their present lifestyle. Eight (8) other households chose to move out of the Park and 2156/015610-0080 4 574348.08 a04/27/05 3 7 .. �.' X indicated that they would advise relocation staff of their final destination. Of the thirty-six (36) conventional single family residence purchases, eight (8) qualified to purchase homes in La Quinta under the City's silent second affordable housing program, which is an Agency -sponsored program to provide loans to low income homebuyers, seventeen (17) purchased homes in Indio and four (4) purchased homes in Coachella.. Of the twenty-four (24) mobile home purchases, twenty-one (21) purchased in west Indio within two (2) miles of the Park. Of the four (4) rentals, two (2) seniors qualified for section 202 housing in La Quinta's new Hadley Villas apartment complex. All replacement dwellings, except for the eight (8) out -of -area households, are located within close proximity to the schools, employment, transportation, shopping and medical facilities. C. SUMMARY OF THOSE TWELVE HOUSEHOLDS CURRENTLY IN ESCROW At the time of this update, twelve (12) of the twenty (20) households have entered valid purchase transactions and are in the process of closing escrow. This section summarizes these twelve (12) households and the locations to which they are relocating. Table 7a below illustrates the type and location of the replacement units for .the twelve (12) households with valid purchase transactions. Of the twelve (12) households, that have identified a replacement property and are either in the process of finalizing their transaction or have since relocated, seven (7) are purchasing conventional housing and are homeowners and now own the real estate on 372 2156/015610-0080 574348.08 a04/27/05 which they reside as (as opposed to renting pad space). Five (5) are purchasing mobile homes that exceed the displaced unit in size and amenities. Of the seven (7) conventional single family residence purchases, three (3) have since closed escrow and have relocated from the park. Of the seven (7) conventional single family residence purchases, four (4) qualified to purchase homes in La Quinta under the City's silent second affordable housing program which is an Agency -sponsored program to provide loans to low income homebuyers, one (1) is purchasing a home in Indio, one (1) purchased a home in Coachella and one (1) purchased a home in Thousand Palms. Of the five (5) mobile home purchases, one (1) has since closed escrow and has relocated from the park. Of the five (5) mobile home purchases, three (3) are purchasing in west Indio within two (2) miles of the Park, one (1) is purchasing in Desert Hot Springs and one (1) has purchased in Coachella. All replacement dwellings are located within close proximity to the schools, employment, transportation, shopping and medical facilities. At this time there is no evidence that these twelve (12) transactions will fail. However, should any of these transactions fail for any reason, the individual needs of that household will be considered and the then -current availability of housing and cost information will be updated. No household will be displaced until and unless there is comparable replacement housing available. D. SURVEY AREA DESCRIPTION The cities of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs and Desert Hot Springs have relevant characteristics that equal or exceed those of the Park neighborhood. (See Attachments 2,3,4,5,6 and 7.) Medical services are readily available with urgent care centers located within 5 miles of each park selected. There are three major hospitals within the survey area. JFK Hospital in Indio, Eisenhower Hospital in Rancho Mirage and Desert Regional Medical Center in Palm Springs. Each of these hospitals is easily accessible from their respective survey area. Shopping in each of the survey areas is similar in that markets, drug stores and restaurants are within two miles of each park surveyed and major shopping malls are within 10 miles of each of the mobile home parks. Proximity to elementary, middle and high schools is within 5 miles of each of the parks. In the event displaced residents of the Park opt to have their children remain in their present schools, the farthest commute is from Desert Hot Springs, a distance of approximately fifteen miles. Employment amongst the remaining residents is scattered throughout the Coachella Valley, the High Desert and Moreno Valley and a move to any of the surveyed cities should not present much change in proximity to work. As a result, based on the survey of needs expressed by remaining Park residents, the Agency finds that the survey area and resources identified are reasonably related to the needs and preferences of the households to be displaced and that the survey area has relevant characteristics that meet or exceed those of the Park's neighborhood. E. REPLACEMENT HOUSING AVAILABILITY With respect to the eight (8) households remaining at the Park, for the purpose of this annual update survey, comparable replacement housing was located for all remaining 2156/015610-0080 373 574348.08 a04/27/05 t t r >f residents. Factors used to identify available comparable replacement housing units include, but were not limited to housing type (e.g., mobile homes, single family dwellings), tenure (own or rent) and size; proximity of employment and amenities near displacement site and individual preferences of Park displacees. Attached as Attachment 1 is a copy of the resource survey showing the number of decent, safe and sanitary units found in the survey which are of adequate size and contain the required number of bedrooms for each household, and their rent or purchase levels and location. Comparable replacement housing for the remaining residents of the Park was extracted from the survey and is summarized in Tables 8 and 9 below. As required by applicable law, the consultant will continue to update the supply of comparable housing resources for the remaining park residents. Consideration will be given to those households that expressed a desire to remain in the City of La Quinta. 1. Mobile Homes - For Sale A total of 35 comparable mobile home replacement units for sale were identified in parks located in Indio, Palm Desert, Rancho Mirage, Palm Springs and Desert Hot Springs. As described above, these cities, collectively referred to as the "Desert Communities" of Coachella Valley offer similar community services, schools, facilities, transportation, recreation and employment opportunities as the City of La Quinta. Throughout the Desert Communities each city has shopping and restaurant districts, medical services, public parks, public transportation, at least one public library and public education provided by the Unified School Districts of Palm Springs and Desert Sands. Table 8 below shows available comparable Mobile Homes for sale. One element of comparable replacement housing is the requirement that it be within the financial means of a displaced person. For homeowners, a replacement dwelling is within the financial means of a displaced person if the purchase price of the dwelling, including related increased interest costs (if any) and other reasonable expenses for non -recurring closing 2156/015610-0080 374 574348.08 ao4/27ro5 •-w expenses does not exceed the replacement housing payment (relocation payment) plus the just compensation provided for the acquired dwelling (acquisition payment). State Regulations limit the replacement housing payment for homeowners to a maximum of $22,500. However, Government Code section 7272.3 permits the Agency "to make any relocation assistance payment in an amount which exceeds the maximum amount for such payments authorized by this chapter". Furthermore, the Regulations expressly permit the Agency to provide relocation housing payments and rental assistance in excess of the monetary limits in the Government Code. As a result, even if comparable replacement units (like the ones identified in Tables 8 and 9) are not available within the monetary limits of the Government Code, the Agency will use its statutory authorization to exceed the monetary limits so that the identified units will be within the financial means of the eight (8) displaced households. Therefore, to the extent necessary, the Agency will provide and has provided a payment in excess of the statuatory limit (as was done for those households already relocated) in order to provide comparable replacement housing within the financial means of the displaced households. As a result, the Agency finds that there is and will be comparable replacement units available. 2. Rental Housing The search for available rental housing focused on the cities of La Quinta, Indio and Palm Desert. As depicted in the Attachments, the two other cities offer similar community services, schools, facilities, transportation, recreation and employment opportunities as the City of La Quinta. Each city has shopping and restaurant districts, medical services, public parks, public transportation, at least one public library and public education provided by the Unified School Districts of Palm Springs and Desert Sands. The survey identified comparable rental units in the survey area. Since mobile homes "for rent" are not available in the immediate vicinity because of park restrictions that do not permit tenant occupants, the Plan concentrates on available single family dwellings. Table 9 below shows available single family dwellings for rent. 375 21561015610-0080 d 574348.08 a04/27/05 �w o z $i000-iaoo $iioo � As mentioned above, one element of comparable replacement housing is the requirement that it be within the financial means of a displaced person. For tenants, a replacement dwelling is within the financial means of a displaced person if the monthly rental cost, including utilities and other reasonable recurring expenses minus any replacement housing payment available to the person does not exceed thirty percent (30%) of the person's average monthly income. The replacement housing payment is calculated for a period of forty two (42) months and may be applied towards the downpayment and non -recurring closing costs of conventional housing should the displaced household choose to purchase, rather than rent, a home. State Regulations limit the replacement housing payment (rental assistance differential) for tenants to a maximum of $5,250. However, as explained in section C 1 above, Government Code section 7272.3 permits the Agency "to make any relocation assistance payment in an amount which exceeds the maximum amount for such payments authorized by this chapter". Furthermore, the Regulations expressly permit the Agency to provide relocation housing payments and rental assistance in excess of the monetary limits in the Government Code. As a result, even if comparable replacement units are not available within the monetary limits of the Government Code, the Agency will use its statutory authorization to exceed the monetary limits so that the identified units will be within the financial means of the remaining tenant household. Therefore, to the extent necessary, the Agency will provide a payment in excess of the statuatory limit in order to provide comparable replacement housing within the financial means of the displaced household. As a result, the Agency finds that there is and will be comparable replacement rental units available. 3. Resources Available to Meet the Needs of the Elderly The remaining seniors in the Park have been provided with information related to senior parks, senior affordable housing, section 202 housing, assisted living complexes and referrals to family parks should that be their preferred lifestyle. Additionally, as with those already relocated, seniors will be given priority placement at the three senior complexes located within the City of La Quinta. Neither of the remaining seniors disclosed physical handicaps that inhibit mobility but ground floor accommodations will be sought. 4. Resources Available to Meet the Needs of the Disabled No households reported mobility impairment, therefore the resources identified in both the original survey and the updated survey meet the needs of all households. 2156/015610-0080 376 •� 574348.08 a0427/05 The one remaining household reporting a learning disability was given assistance in locating replacement housing within a close proximity to the existing school facility in order to promote stability and continuity of special education classes. This household is in the process of purchasing a home under the City of La Quinta's affordable homes silent second program, which is an Agency -sponsored program to provide loans to low income homebuyers. 5. Summary Given the survey data presented in this update and based on a review of residents that have already relocated from the Park (pursuant to the May 2004 Relocation Plan), there will be adequate rental and for -sale housing units available as relocation resources for Park residents, both tenants and owner -occupants. This conclusion takes into account the requirement the Agency discount available resources, pursuant to Regulation section 6052(d)(3), which is described below. For owner -occupants, particularly the more elderly and physically challenged, relocation to a senior facility may well be considered as an option. As noted in section 3 above, referrals to assisted living complexes, affordable senior housing, section 202 apartments and senior parks was and will continue to be provided information regarding first-time homebuyer and other housing programs will also be provided. Some households, as suggested by their survey responses, may consider purchasing conventional housing. Displaced households have and will continue to be given priority consideration if they wish to purchase under the City of La Quinta's silent second program, which provides Agency funded second mortgages to qualified persons to purchase homes. Among the households who have already relocated thirty-six (36) purchased conventional housing, twenty-four (24) purchased mobile homes superior in construction and amenities and four (4) households chose rental housing as their preferred housing type. Two (2) senior households qualified for Section 202 apartments close to family, medical facilities and shopping. Three (3) households moved out of the area for reasons related to family or employment opportunities. D. RELATED ISSUES 1. Concurrent Residential Displacement and Turnover The Regulations require the Agency to discount the gross figure of identified comparable replacement dwellings to reflect concurrent displacement and turnover. Concurrent displacement by the federal government and its agencies, including federally -assisted projects and by other public entities shall be taken into account. Turnover is the dynamic operation by which occupancy changes occur within a standing inventory over a period of time and theoretically could occur in the complete absence of vacancies on a person to person basis. The Regulations allow the Agency to assume a turnover rate of 4% for rental units and 1 % for ownership units to represent turnover. This has been done. Even. with discounting, the Agency finds there are adequate available resources. 2156/015610-0080 3'7 ` , 574348.08 a04/27/05 6-- However, there is one known public project displacing 100 residential households underway that could rely on similar housing units as Park residents. This project is located in the City of Cathedral City (approximately 16 miles from La Quinta) and will displace approximately 70 mobile home owners and approximately 30 tenant households. The Regulations require that the Agency "take into account" this concurrent displacement and discount available resources based on the Agency's findings. There may be some overlap with the Cathedral City displacement, but the extent of overlap is not known to the Agency. Likewise the precise needs of the Cathedral City displacees and the timing of such displacement is not known to the Agency. Comparatively, because this is an annual update, the Vista Dunes relocation is ongoing and therefore, Park residents are being provided continuously updated information. As noted above, survey results are being provided to local housing and planning agencies. If further information is provided to the Agency by these agencies, the Agency will take such information into account. As a result, at this time it is not possible to meaningfully extrapolate which resources identified by the Agency also are comparable for the purpose of the Cathedral City displacement. Therefore, a meaningful discount figure is totally speculative. This is especially true since Park residents are being provided periodic updates on available resources, which come to market frequently. Likewise, additional resources that may be appropriate for the Cathedral City displacement (but are not appropriate for this park) are likely to exist. This is described below. Even assuming a discount of the identified 35 units in Table 8 by 25%, there would still be adequate comparable units available for the eight (8) households in the Park. Utilizing the 1 % ownership and 4% rental turnover rate, turnover would not cause a meaningful reduction in identified units because the fractional change (i.e., 1 % of 35 ownership units is 0.35, which when rounded to the nearest whole number is zero) is insignificant. Even assuming this turnover discount would be rounded up (which is inconsistent with mathematical rounding rules), reduction would reduce identified inventory by 1 unit of ownership and 1 unit of rental housing. In each case, the supply of comparable units would still exceed need. As depicted on Attachment 1, additional resources were found that were not appropriate for the remaining households in this Project but may be excellent replacement choices for households in the concurrent project because of location or an interest in 55+ senior parks. Additionally, studies conducted during the initial relocation plan research, as well as this update, revealed a regular occurrence of fresh mobile home listings to replenish and/or augment the supply of housing that is depleted by active sales. While this replenishment is not relied on for the needs and resource survey, it is worth mentioning because such supply will effect the concurrent displacement and evidences the continuous expansion of the replacement housing market. Furthermore, historically in the Coachella Valley, mobile homes are more often "for sale by owner" and their appearance on the open market is unnoticed if not actively sought. Ongoing site searching in the field is an integral part of the relocation assistance program and these otherwise 2156/015610-0080 378 s r 574348.08 a04R7/O5 •. ''� unadvertised listings are discovered through constant contact with Park Managers throughout the resource survey area. Given a remaining displacement time line of approximately eight (8) months for this project, the Agency finds that there will be adequate replacement resources available to accommodate both the concurrent displacements and those in this project area. 2. Temporary Housing No need for temporary housing is anticipated. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. 3. Program Assurances and Standards As described further in Section VX below, there are adequate funds to relocate all the households and to provide benefits which will allow the identified resources to be affordable, comparable (if not superior) units. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the Federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the civil Rights Act of 1964, Title VIR of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. Additionally, no one will be displaced without 90 days notice and unless "comparable" replacement housing can be located and is available. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. As necessary, the Agency will exceed the statutory amounts to provide comparable replacement units (Govt. Code section 7272.3). The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. 2156/015610-0090 379 574348.08 a0427/05 `yi IV. THE RELOCATION ASSISTANCE PROGRAM A. INTRODUCTION Relocation assistance program services have been and will continue to be provided by the Agency to those households, legally present, who are displaced by the Project. Households containing one or more United States citizens (by birth or naturalization) or one or more legally documented aliens shall be entitled to relocation assistance. (8 U.S.C. § 1621.) These services are to be implemented pursuant to the California Relocation Assistance Law, Section 7260, et. seq. of the California Government Code and the guidelines of Title 25, Division 1, Chapter 6, Subchapter 1 of the California Code of Regulations (the Regulations). The relocation assistance program provides forboth advisory and financial assistance. Determinations as to eligibility for assistance benefits will be made on a case -by -case basis according to individual circumstances and applicable statutory and regulatory criteria. B. RELOCATION ASSISTANCE ADVISORY PROGRAM A bi-lingual (English and Spanish) relocation consultant from Overland Pacific and Cutler is available to assist any displaced household or business having questions in regard to relocation and/or assistance in relocating. Staff may be contacted by calling, 760-776-123 8, during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. The relocation offices are located at: Overland Pacific and Cutler 41555 Cook Street, Suite 250 Palm Desert, CA 92260 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintain ed with each displacee. The requirements of the relocation assistance advisory program will be: 1. To fully inform eligible persons as to the nature of and the procedures for obtaining relocation assistance and benefits; 2. To determine the needs of each displacee eligible for assistance; 3. To provide eligible displacee with an appropriate number of referrals to comparable, decent, safe and sanitary housing units within a reasonable time prior to displacement and ensure that no eligible occupant is required to move without a minimum of 90 days advance written notice; 4. To provide current and continuous information concerning comparable replacement housing opportunities; 380 r, .� 2156/015610-0080 ♦ i 1 574348.08 a04/27/05 5. To provide assistance that does not result in different, or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 6. To supply information concerning federal and state housing programs and other governmental programs providing assistance to displaced persons; 7. To assist each eligible person complete applications for benefits; 8. To assist each eligible residential displacee obtain and move to a comparable replacement dwelling; 9. To mare relocation benefit payments in accordance with all applicable state standards; 10. To inform all displaced persons of the Agency's policies with regard to eviction and property management; 11. To maintain an appeal procedure for use by displaced persons seeking administrative review of the Agency's decisions with respect to relocation assistance. All potential relocatees have been and will continue to be personally contacted for an initial interview by the Agency's relocation agent no later than 30 days following delivery of the Agency's first written offer to purchase the mobile home in which they reside. The purpose of this initial interview is to gather information concerning the individual circumstances of each potential relocatee and to dispense and review a written informational brochure (see Exhibit `B") that explains the Agency's residential relocation assistance program. Spanish language brochures will be furnished upon need. After the initial interview was completed and the required support data (income information, confirmation of occupancy, etc.) submitted, each potential relocatee (tenants and owner -occupants) was provided with a written Notice -of -Eligibility. The Notice -of - Eligibility provides or will provide, at least one replacement housing referral and establish a maximum relocation assistance eligibility amount for the household addressed. The factors used to determine the maximum assistance amount will be described in the Notice -of -Eligibility and explained personally by the assigned relocation agent. Prior to relocation of residential occupants, every reasonable effort will be made to provide three comparable replacement housing referrals to displacees, pursuant to California Code of Regulations, Chapter 6, Section 6042(c). Referrals will be provided on a continual basis and transportation will be provided, if necessary, to inspect replacement sites within the local area. Generally, a comparable replacement dwelling must satisfy the following criteria: 2156/Oi5610-0080 381 574348.08 aO4/27/05 10 _1. a. The unit is decent, safe and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person; b. The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place of employment; C. The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin; d. The monthly rental rate is within the financial means of the displaced residential tenant. Special assistance in the form of referrals to governmental, and non -governmental social service agencies will be made, if needed. Agencies to which referrals may be made include, but are not necessarily limited to the: • Federal Social Security Administration • The Fair Housing Council of Riverside County • Riverside County Health and Human Services Agency Every reasonable effort will be made to ensure that the relocation process occurs with a minimum of delay and hardship. C. RELOCATION BENEFITS Benefits will be paid in accordance with the Relocation Assistance Act (including, without limitation, the provisions of Regulations section 6112 relating to Mobilehomes) to eligible displaced persons upon submission of required claim forms and documentation in accordance with Agency procedures. Specific eligibility requirements and benefit plans will be detailed on an individual basis for all displacees. In the course of personal interviews and follow-up visits, each household will be counseled as to available options and the consequences of any choice with respect to financial assistance. The Agency will consider advance partial payment requests meant to alleviate hardships for households without access to sufficient funds to pay rental move -in costs or open escrow accounts for the purchase of replacement dwellings. Responses to advance payment requests will be made expeditiously to help avoid the loss of desirable, appropriate replacement housing. 382 2156/015610-0080 574348.08 a04/27/05 `' `" 1. Residential Moving Expense Payments All residential occupants to be relocated will be eligible to receive payments for moving expenses, except as noted. As provided in Regulations section 6090, moving expense payments will be made based upon the actual cost of professional moves or fixed payments based on room counts. a. Actual Cost (Professional Move) Displacees may elect to receive moving expense payments for professional moving services based upon the lower of, at least, two acceptable bids from qualified movers. The actual cost of the moves will be paid directly by the Agency to the moving companies, at the request of the displacees. Transportation costs are limited to a distance of 50 miles, except where relocation beyond such distance is considered justified and is approved by the Agency. In addition to the actual move, costs associated with utility re -connections (i.e., gas, water, electricity, telephone, and cable, if any) and other costs permitted under Guidelines section 6090(a), are eligible for reimbursement. b. Fixed Payment (Based on Room Count Schedule) Displacees may elect to receive fixed payments for moving expenses based on room counts in the displacement dwellings. Displacees who elect to receive fixed moving payments take full financial responsibility for the moves and all utility connection expenses. The current schedule, as established by the Federal Highway Administration and maintained by the California Department of Transportation, for fixed moving payments is set forth in Table 10 below. 2156/015610-0080 383 574348.08 040/05 ` ' " Eight rooms $2,000 each additional room $200 EY'' r -✓ �`% x `2K�'c�'=�''�'�'y°K, 2�� x�, F��.��,`Jc furnished 171" ellang�i� �� h .p,�°�'v, �k Y�aL°�. � �X' act `K'y.��s y y �Y wr'�S � ��'h'�"; Y&afor �`'�c- k �`^.?`x��'✓F Ps"�e� 0 � 'w �, . . T xw....: First Room $375 Each additional room $60 2. Rental Assistance To 90-Day Residential Tenants Who Re Rent Residential tenants who have established their residency for a minimum of 90 days prior to the Agency's purchase offer on the property where they reside, and who choose to re rent, may be eligible to receive rental assistance payments in addition to moving expense payments. Pursuant to California Relocation Law, Rental Assistance Payments are limited to a maximum of $5,250, based upon the monthly housing need over a 42-month period. However, as noted in Section III above, the Agency is permitted by State law and the Regulations to exceed this statutory amount (Govt. Code § 7272.3; Regulations § 6137). If necessary, to provide comparable units, the Agency will, as appropriate and necessary, exceed these limits. Table 11 below shows an example of how monthly need is determined: 384 2156/015610-0080 574348.08 a04/27/05 5. Comparable Rent $550 Includes Utility Allowance 6. Lesser of lines 4 or 5 $550 p�i'q^Wa#' .'"S^�R�^Jc'efi ,•3'.,� '.oE '�E. f�. �Y�'F�'S` �ij?..>�JYy . > ?gelds Minthly weed $105 Subtract line 3 from line 6 `ram✓ x t�2��'s'ip� ."S'So'`yZ' h �hC J' x✓ ��w RC x ce $4,410 Multiply line 7 by 42 months �� e;ys.wsis * As defined in Guidelines section 6008(1), "gross household income" means the total annual income of the adult heads of household less the following: (1) a deduction of $500.00 for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the head of household or spouse, except that the amount deducted shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. 3. Down Payment Assistance To 90-Day Tenants Who Choose to Purchase Residential tenants who are otherwise eligible to receive a rental assistance payment as described above, may choose to utilize up to the full amount of this payment to purchase a home pursuant to Guidelines section 6104(a)(2). The Agency will arrange to deposit in an escrow account, the total rental assistance payment for which a tenant qualifies, provided that the entire amount is used for the down payment and eligible, incidental costs associated with the purchase of a replacement home. Provision shall be made in the accompanying escrow instructions for the return of Agency funds in the event escrow should fail to close within a reasonable period of time. 4. Replacement Housing Payments to Owner -Occupants Residential owner -occupants who have occupied the dwelling from which they are to be displaced (the displacement dwelling) for at least 180 days prior to the purchase offer will be eligible for a replacement housing payment of up to $22,500 (pursuant to Guidelines section 6102) and rental assistance (pursuant to Guidelines section 6104) as described in subsection 2 above and subdivision (d) below. However, astoted in Section III above, the Agency is permitted by state law and the Regulations to exceed this statutory amount (Govt. Code § 7272.3; Regulations § 6137). If necessary, to provide comparable units, the Agency will as appropriate and necessary, exceed these limits.The replacement housing payment available to owner -occupants is the sum of three possible compensation elements: a) purchase price differential; b) mortgage interest differential; and, c) incidental expenses. 2156/015610-0080 574348.08 a04/27/05 a. Purchase Price Differential The purchase price differential is the dollar difference between the final acquisition price paid by the Agency for the displacement dwelling and the lesser of: 1) the cost of the actual replacement dwelling; or 2) the cost of a comparable replacement dwelling. The maximum purchase price differential amount is the difference between the final acquisition price of the displacement dwelling and the cost of a comparable replacement dwelling. Table 12, below, illustrates examples of four possible purchase price differential nalnnlatinnc ---- ---------- a Variables Example 1 Example 2 Example 3 Example 4 Final Acquisition Price $10,000 $10,000 $10,000 $10,000 Cost of Actual $253,000 $50,000 $203,000 $10,000 Replacement Dwelling Cost of Comparable $25,000 $253,000 $259,000 $25,000 Replacement Dwelling � N�. �,��y��r 'urcliase 'rice a enti� .`G�zi c '.ts✓� 15 5 0: ,tl NOyc F ;sY�. rx,. `A6� �`roT-si` ;�3�.�'°.�+. # #C.S�,eta, ;1+°y,�..,�'��i'.4 ,,.r"a..ize�.�u�F.;4: �s 3s,ors .+�^•�N .,� t':�,'y,�.,,�. Example 1 - The cost of the actual replacement dwelling and the cost of the comparable replacement dwelling exceed the final acquisition price of the displacement dwelling by the same amount. Example 2 - The cost of the actual replacement dwelling exceeds the final acquisition price of the displacement dwelling and the cost of the comparable replacement dwelling. Example 3 - The cost of the actual replacement dwelling exceeds the final acquisition price of the displacement dwelling, but is less than the cost of the comparable replacement dwelling. Example 4 - The cost of the actual replacement dwelling does not exceed the final acquisition price of the displacement dwelling. b. Mortgage Interest Differential The mortgage interest differential payment provides compensation to owner - occupants for a loss of favorable financing. Calculation of the payment reflects the "present value" of the additional costs required to finance the purchase of a 2156/015610-0080 386 574W.08 a04/27/05 ` ; replacement dwelling when the interest rate for a new loan exceeds the present rate of the existing loan on the displacement dwelling. The payment calculation is based on the lesser of: 1) the loan balance and/or term of the loan on the displacement dwelling; or, 2) the new loan amount and/or term of the loan on the replacement dwelling. To be eligible, the loan on the displacement, dwelling must have been a valid lien on title for at least 180 days prior to the Agency's purchase offer. C. Incidental Expenses Compensable incidental expenses include, but are not necessarily limited to the following: legal, closing, and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation; lender, FHA, VA or similar appraisal costs; FHA or VA or similar application fee; cost for certification of structural soundness; credit report charges; charge for owner's and mortgagee's evidence or assurance of title; escrow agent's fee; and sales or transfer taxes. Payment for any such expenses shall not exceed the amount attributable to the purchase of a comparable replacement dwelling. Such expenses shall be reasonable and legally required or customary in the community. d. Owner -Occupant "pad rents" Owner -Occupants of the mobile homes will be eligible for Rental Assistance to cover "pad rent" differential, in addition to moving and Replacement Housing Payments. 5. Payments To Non Tenured Residential Tenants Residential tenants who have lawfully and continuously occupied a displacement dwelling for less than 90 days prior to the Agency's purchase offer will be eligible to receive payment for their moving expenses only, in accordance with Section IV. C.1. D. GENERAL INFORMATION ON PAYMENT OF RELOCATION BENEFITS To qualify for relocation assistance benefits, a residential displacee must occupy an appropriate replacement dwelling within one year from the later of the following dates: 1) the date the claimant moves from the acquired property; 2) the date final payment for the property is received or, in the case of condemnation, the date the estimated just compensation is deposited in court, or; 3) the date of the first referral to a comparable,, replacement dwelling. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: 397 2156ro15610-0080 574348.08 a0427/05 1. Claimants shall provide all necessary documentation to substantiate eligibility for assistance to the Agency's relocation consultant. 2. Recommended assistance amounts will be determined by the Agency's relocation consultant in accordance with relocation law, subject to the appeal procedure established below. 3. Required claim forms will be prepared by the Agency's relocation consultant for claimants' signature. 4. Claims will be submitted by the Agency's relocation consultant for review, approval, and payment by the Agency. 5. Benefit checks will be delivered to the Agency's relocation consultant for distribution to claimants. 6. Final payments to residential claimants will be issued within a reasonable time only after confirmation that the acquired premises have been completely vacated and residency at the replacement unit is verified. 7. Receipt of payments will be obtained and archived by the Agency's relocation consultant in individual relocation case files. Relocation assistance claimants have up to 18 months from the later of the following dates to file claims for review and reconsideration of benefits: a) the date final payment for the property is received, or b) the date the claimant moves from the property. E. LAST RESORT HOUSING Pursuant to Guidelines section 6054(b), based on the updated survey of needs and the survey or relocation resources summarized above, there will be adequate "comparable replacement housing" available.. As a result it is not necessary for the Agency to prepare a Last Resort Housing Plan. However, to provide a discussion of how the Agency will address issues of hardship, this section provides a summary of benefits as provided in Guidelines section 6139, which permits the Agency to exceed monetary limits in the Government Code to provide increased housing payments and rental assistance. "Last Resort Housing" payments are authorized by statute if affordable "comparable replacement housing" cannot be found for the discplaced rental household (i.e., housing not more than 30%, as required by statute, of the household's average monthly income). In this case, payments may be made in excess of the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond $5,250 may be paid in installments or in a lump sum at the discretion of the Agency. With respect to comparable replacement housing units for mobilehome owners, the entity shall pay whatever costs are necessary beyond the statutory cap of $22,500 to acquire a comparable replacement housing unit including reasonable incidental expenses. 388 21561015610-0080 " 574348.08 a04/27/05 • '� Residential displacees are considered for supplementary benefits in the form of last resort housing assistance when the computed total of their replacement housing assistance eligibility exceeds $5,250 in the case of tenant -occupants, $22,500 for owner -occupants, or when a tenant or owner -occupant does not meet applicable occupancy requirements. Household income will be the only basis for determining last resort housing rental assistance benefits for non -tenured residential tenants (those who have occupied the property for less than 90 days prior to the Agency's purchase offer). Recipients must meet the basic eligibility requirements applied to other displacees. All standard claim processing procedures will be applied to last resort housing payments, including lump sum disbursement of approved benefits. The Agency may approve, at its discretion, alternative methods for providing last resort housing assistance on a case -by -case basis, including, but not limited to, minor repairs to, rehabilitation of, and/or additions to an existing replacement dwelling, including the removal of barriers to the handicapped, as may be necessary. F. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of the Internal Revenue Code of 1968, or the Personal Income Tax Law, Part 10 of the Revenue and Taxation Code. Notwithstanding these provisions, recipients of relocation assistance benefits will be advised to consult with the appropriate tax authorities or personal tax advisors concerning the tax consequences of any relocation payment. V. ADMINISTRATIVE POLICIES, PROJECT TIMING AND BUDGET A. GRIEVANCE PROCEDURES The Agency's Relocation Assistance Program Grievance Procedures follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, of the California Department of Housing and Community Development Program Regulations. Briefly stated, all residential and business displacees have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility; the amount of a relocation payment; the failure, by the Agency, to provide comparable replacement housing referrals; or, the Agency's property management practices. The grievance procedures are attached hereto as Exhibit "D". B. EVICTION/TERMINATION POLICY Under the State of California guidelines, eviction by the Agency is permissible only as a last resort and relocation records must be documented to reflect the specific circumstances surrounding any eviction. With the exception of persons considered to be in unlawful occupancy, a displaced person's eviction does not affect eligibility for relocation assistance and benefits. The following eviction policy shall apply to all 6/015610-0080 389 2is - J 574348.08 a0427/05 residential and occupants who will be displaced by the Project and who remain on the property as tenants of the Agency after the property is acquired: 1. Eviction by the Agency will be undertaken only for one, or more of the following infractions: a. Failure by tenant to pay rent, except in those cases where the failure to pay is due to the Agency's failure to keep the premises in habitable condition or is the result of harassment or retaliatory action; b. Performance by tenant of a dangerous, and/or illegal act at the premises; C. A material breach of the rental agreement by tenant and failure upon notification, to correct said breach within 30 days of such notice; d. Maintenance of a nuisance by tenant, and failure to abate such nuisance upon notification within a reasonable time following notice; e. Refusal by tenant to accept one of a reasonable number of offers of replacement dwellings; and/or, f. A requirement .under State or local law, or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Agency. 2. With the exception of a person considered to be in "unlawful occupancy" (See 25 Cal. Code. Regs. 6008 [v]), a displaced person's eviction will not affect eligibility for relocation assistance and benefits. This eviction policy does not prevent the Agency from lawfully terminating tenancies on Agency- owned property. C. CITIZEN PARTICIPATION The initial Relocation Plan adopted by the Agency in May of 2004 was subject to review and comment by the Vista Dunes Action Committee and California Rural Legal Assistance, Inc., who submitted written comments and questions which were responded to and included as part of the initial plan. This Amended Relocation Plan and Annual Survey Update will be circulated for a period of 30 days to permit public review. This Amended Relocation Plan And Annual Survey Update will be provided to each household and will be made available to the public for the mandatory 30-day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the Agency. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). Section 6012 (Citizen Participation) of the California Code of Regulations, Title 25, Chapter 6, will be adhered to in both the spirit and letter of the law by the Agency and 390 f 2156/015610-0080 L 574348.08 a04/270 Overland Pacific and Cutler in implementing the Relocation Program. The Agency will ensure the following: 1. Full and timely access to documents relevant to the relocation program; 2. The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials; 3. Copies of this Plan shall be made available for public review by Park residents and other interested parties no less than thirty (30) days prior to the date the Plan is scheduled to be considered for approval by the Agency. The Agency will receive comments from displacees, and other interested persons regarding this Relocation Plan. Comments should be sent to: Frank Spevacek c/o The City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, CA 92253 4. A general notice of this Plan shall be provided to all remaining displacees of the proposed Project and the Vista Dunes Action Committee at least 30 days prior to submission to the Agency for approval, as required by Guidelines section 6038(e). This Plan shall be made available for circulation for information and review by interested citizen groups, state and county agencies, and all persons affected by the Project; 5. Survey results shall being provided to the local housing, development, and planning agencies of La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City, Palm Springs, Desert Hot Springs and Riverside County and shall be compared to other existing information on housing availability. 6. The right to submit written or oral comments and objections, including the right to submit written comments regarding the Relocation Plan and to have these comments attached to the Plan when it is forwarded to the Agency for approval; 7. Upon completion of all reviews, the Plan will be presented for adoption by the Agency. D. PROJECTED DATE OF DISPLACEMENT At the time of the initial Plans adoption, ninty-two (92) households were occupied. Of those, seventy-two (72) households have been successfully relocated. The projected time line for completing the remaining twenty (20) relocations is approximately December 15, 2005. 2156/01 %1"080 _ (Q] 574348.08 a04/27/OS 3 J.Y E. ESTIMATED PARK CLOSURE RELOCATION COSTS The total budget estimate for relocation -related payments for the remaining households is as follows: ($978,540.00) F. DETERMINATION OF NECESSARY RESOURCES The Agency is using a combination of Low and Moderate Income Housing Fund tax increment revenue (from both Project Area 1 and Project Area 2) and Housing Bond proceeds to fund these activities. The debt service payments for the Housing Bonds are being made from Project Area 1 and Project Area 2 Housing Fund revenue. There are no Federal or State funds being used for this Project. Based on the Agency's funding, there are sufficient resources available to implement this Relocation Plan 2156/015610-0080 �� 9 574348.08 a04/27/05 EXHIBIT A: RESIDENTIAL INTERVIEW FORM. 2156ro1561"080 il 574348.08 a04/27/05 393 OVERLAND, PACIFIC & CUTLER, INC.- RESIDENTIAL INTERVIEW FORM CASE ID: _ - - - PROJECT: AGENCY: Claimant(s): Space #: CONSULTANT: DWELLING: MAJOR EVENTS: Park Move -in Date: Number of Bedrooms: Unit Move -in Date: Number of Bathrooms: First Offer: MOBILE HOME: ft Initial Interview: Size: ft x Year: UTILITIES PAID BY: Home Phone: (_� - Model: Gas: ❑ Tenant ❑ Owner Work Phone: (_� - Pad Rent: $ Electric: ❑ Tenant ❑ Owner Social Sec. #: - - Tenant Monthly Rent $ Water: ❑ Tenant ❑ Owner OCCUPANCY STATUS: ❑ Rent ❑ Lease .❑ Mortgage ❑ Own (Clear) ❑ Have title to the Mobile Home MOBILE HOME TYPE: ❑ Single Wide ❑ Double -wide ❑ Storage Shed ❑ Other QUALITY OF CONSTRUCTION Superior Good Fair Poor ETHNICITY: ❑ White ❑ Hispanic ❑ Black ❑ Asian ❑ Other: OCCUPANT INFORMATION: PRIMARY LANGUAGE: ❑ English ❑ Spanish ❑ Other: OCCUPANT INFORMATION: PROPERTY/LOAN INFO (IF HOMEOWNER): ❑ Elderly Household ❑ Handicapped Household Loan Type: ❑ Fixed ❑ Variable ❑ Other ❑ Housing Assistance: $ ❑ Willing to Relocate from Community Principal Left: $ or Section 8? Yes No Date Loan Obtained: Area/Unit Preference: Ownershiplrenant Preference: FAMILY COMPOSITION USE SEPARATE SHEETS FOR SPLIT CASES NAME (FIRST, LAST) SEX AGE MONTHLY INCOME I Name of Company, Location & Occupation & Special Factors I M F $ 2 M F $ 3 4 M F $ M F $ 5 M F $ Income from other sources: NOTES 21561015610-0080 394 f 574349.08 a0427/05 EXHIBIT B: INFORMATION STATEMENT FOR FAMILIES AND INDIVIDUALS 2156/015610-0080 3 95 I` 574348.08 a0427/05 INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS GENERAL. INFORMATION ASSISTANCE IN LOCATING A REPLACEMENT DWELLING MOVING BENEFITS REPLACEMENT HOUSING PAYMENT TENANTS AND CERTAIN OTHERS REPLACEMENT HOUSING PAYMENT HOMEOWNERS QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS LAST RESORT HOUSING ASSISTANCE RENTAL AGREEMENT; EVICTION APPEAL PROCEDURES - GRIEVANCE TAX STATUS OF RELOCATION BENEFITS ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE XII. DESCRIPTION OF FEDERAL FAIR HOUSING LAW AND STATE FAIR EMPLOYMENT AND HOUSING ACT XIII. DIAGRAMATIC SKETCH OF THE PROJECT AREA I. GENERAL INFORMATION The dwelling in which you now live is in an area to be improved by the City of La Quinta, Redevelopment Agency (the "Agency") for the purpose of converting the project area into low- income rental housing. The project area is provided in the attached diagram. As the project schedule proceeds, it will be necessary for you to move from your dwelling. This is not a notice to vacate and, does not establish eli ibg ility for relocation payments, or other relocation assistance. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits under the federal and/or state law. We suggest you save this informational statement for reference. r� 2156/015610-0080 t , 574348.09 a04/27/05 396 You will not be required to move before reasonable offers of decent, safe, sanitary and otherwise comparable replacement housing, within your financial means, have been made, except for the causes set forth in the Agency's eviction policy. SPANISH SPEAKING REPRESENTATIVES ARE AVAILABLE. SI NECESITA ESTA INFORMACION EN ESPANOL, POR FAVOR LLAME A SU REPRESENTANTE. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than reguired, you must contact the Agency's relocation consultant so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Agency's relocation assistance program. II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Agency, through its relocation consultants, will identify and assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself, however, if you do so, please notify the relocation office prior to making a commitment to purchase or occupy the unit. When a suitable replacement dwelling unit has been found, the Agency's relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. A bi-lingual (English and Spanish) relocation consultant from Overland Pacific and Cutler is available to assist any displaced household or business having questions in regard to relocation and/or assistance in relocating. Staff may be contacted by calling, 760-776-1238, during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. The relocation offices are located at: Overland Pacific and Cutler 41555 Cook Street, Suite 250 Palm Desert, CA 92260 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with each displacee. A "comparable replacement dwelling" is defined as a dwelling that satisfies each of the following standards: (1) decent, safe and sanitary and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person. (2) in an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools 2156/015610-0080 nn 1 574348.08 a04/27/05 v 9 7 and municipal services, and reasonably accessible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects. The Act and Guidelines do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. (3) Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968 or any other applicable state or federal anti -discrimination law. (4) to the extent practicable and where consistent with paragraph (c)(1) of this section, functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing. (5)(A) Within the financial means of the displaced person. A replacement dwelling is within the financial means of a displaced person if the monthly rental cost (including utilities and other reasonable recurring expenses) minus any replacement housing payment available to the person does not exceed thirty percent (30%) of the person's average monthly income. (5)(B) for homeowners; a replacement dwelling is within the financial means of a displaced person if the, purchase price of the dwelling including related increased interest costs and other reasonable expenses including closing costs does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the person. If a dwelling which satisfies these standards is not available the public entity may consider a dwelling which exceeds them. III. MOVING BENEFITS If you must move as a result of displacement by the Agency, you will receive a payment to assist in moving your personal property. There are two types of moving payments. You have the option of selecting either one of the following types of moving payments: A. Fixed Moving Payment A fixed moving payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Agency, and ranges, for example, from $375 for one furnished room to $2,000 for eight rooms in an unfurnished dwelling. (For details see the table below). The Agency's relocation consultant will inform you of the amount you are eligible to receive if you choose this type of Occupant owns furniture Occupant does NOT own furniture 1 room $575.00 1 room $375.00 2 rooms $750.00 I each additional room $60.00 I 2156/015610-0080 398 574348.08 a04/27/05 3 rooms $925.00 4 rooms $131100.00 5 rooms $19325.00 6 rooms $1,550.00 7 rooms $13,775.00 8 rooms $2,000.00 each additional room $200.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Agency will assume no liability for any loss or damage of your personal property. B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. The Agency's relocation consultant will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Agency approval. IV. REPLACEMENT HOUSING PAYMENT — TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250 to assist you in renting, or purchasing a comparable replacement dwelling. In some circumstances, the Agency may provide payments in excess of this amount of replacement housing or rental assistance payments required to make a unit comparable in terms of affordability. The Agency will inform you if this option is applicable to your circumstances. In order to qualify for replacement housing payments, you must either be a tenant who has occupied your present dwelling for a least 90 days prior to the Agency's written offer to purchase the property or, an owner who has occupied your dwelling for between 90 and 180 days prior to the Agency's purchase offer. A. Rental Assistance. If you qualify, and wish to rent a replacement dwelling, your rental assistance benefits will be based upon the difference over a 42-month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your gross monthly household income. You will be required to provide the Agency's relocation consultant with monthly rent and household income verification prior to the determination of your eligibility for this payment. •m B. Down -payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down -payment and non -recurring incidental expenses. The 2156/015610-0080 399 ail, 574348.08 a0427l05 Agency's relocation consultant will clarify procedures necessary to apply for this payment. V. REPLACEMENT HOUSING PAYMENT — HOMEOWNERS A. If you owned and occupied a dwelling, purchased by the Agency, for at least 180 days prior to the Agency's purchase offer for the property, you may be eligible to receive a payment of up to $22,500 to assist you in purchasing a comparable replacement unit. In some circumstances, the Agency may provide payments in excess of this amount of replacement housing or rental assistance payments required to make a unit comparable in terms of affordability. The Agency will inform you if this option is applicable to your circumstances. If you owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the date of the Agency's purchase offer, you may be eligible for a payment of up to $5,250. The housing replacement payment is intended to cover the following items: 1. Purchase Price Differential. An amount which, when added to the amount for which the Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Agency as necessary to purchase a comparable replacement dwelling. The Agency's relocation consultant will explain both methods to you. 2. Mortgage Interest Differential. The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. The Agency's relocation consultant will explain limiting conditions. 3. Incidental Expenses. Those one time costs incidental to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner -occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to $5,250. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VI. QUALIFICATION FOR, AND. FILING OF RELOCATION CLAIMS To qualify for a replacement housing payment, you must rent or purchase and occupy a comparable replacement unit within one year from the later of the following: A. For a tenant, the date you move from the displacement dwelling 400 21561015610-0080 5 } 574348.08 a04/27/05 B. For an owner -occupant, the date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court, or C. The date the Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Agency within 18 months from the date on which you receive final payment for your property, or the date on which you move, whichever is later. VII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Agency may provide last resort housing assistance in the form of increased payments (as permitted by 25C.C.R. §6139) to enable you to rent or purchase a replacement dwelling on a timely basis. Last resort housing assistance is based on the individual circumstances of the displaced person. The Agency's relocation consultant will explain the process for determining whether or not you qualify for last resort housing assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort housing eligibility must be applied toward the down -payment of the home you intend to purchase. VIII. RENTAL AGREEMENT; EVICTION As a result of the Agency's action to purchase the property where you live, you may become a tenant of the Agency for some period of time. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one, or more of the following infractions: A. Failure by tenant to pay rent, except in those cases where the failure to pay is due to the Agency's failure to keep the premises in habitable condition or is the result of harassment or retaliatory action; B. Performance by tenant of dangerous and/or illegal act at the premises; C. Material breach of the rental agreement by tenant, and failure to correct breach within 30 days of notice; D. Maintenance of a nuisance by tenant, and failure to abate within a reasonable time following notice; 2156/015610-0080 574348.08 aM7/05 401 E. Refusal of tenant to accept one of a reasonable number of offers of replacement dwellings; and/or F. A requirement under State or local law, or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Agency. IX. APPEAL PROCEDURES — GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his/her claim reviewed or reconsidered in accordance with the Agency's Relocation Assistance Program Appeal Procedure. Complete details on the Appeal Procedure are available upon request from the Agency. X. TAX STATUS OF RELOCATION BENEFITS Relocation benefit payments are not considered as income for the purpose of the Internal Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11(commencing with Section 23 001) of Division 2 of the Revenue and Taxation Code. Nevertheless, you should consult with a personal tax adviser for the most recent interpretation of tax law. XI. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE The Agency hopes to assist you in every way possible to nlinimize the hardships involved in relocating to a new home by providing you with relocation assistance. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact the Agency's relocation consultant. XII. DESCRIPTION OF FEDERAL. FAIR HOUSING LAW AND STATE FAIR EMPLOYMENT AND HOUSING ACT A. The Federal Fair Housing Act Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing -related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner -occupied buildings with no more than four units, single- family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. What Is Prohibited? In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap: (1) Refuse to rent or sell housing, 402 2156/015610-0080 r ' 574349.08 aO4/27ro5 `J ' °" (2) Refuse to negotiate for housing, (3) Make housing unavailable, (4) Deny a dwelling, (5) Set different terms, conditions or privileges for sale or rental of a dwelling, (6) Provide different housing services or facilities, (7) Falsely deny that housing is available for inspection, sale, or rental, (8) For profit, persuade owners to sell or rent (blockbusting), or (9) Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing. In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability): (1) Refuse to make a mortgage loan, (2) Refuse to provide information regarding loans, (3) Impose different terms or conditions on a loan, such as different interest rates, points, or fees, (4) Discriminate in appraising property, (5) Refuse to purchase a loan, or (6) Set different terms or conditions for purchasing a loan. In Addition: It is illegal for anyone to: (1) Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right (2) Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner -occupied housing that is otherwise exempt from the Fair Housing Act. Additional Protection if You Have a Disability: If you or someone associated with you: Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities, have a record of such a disability or are regarded as having such a disability your landlord may not: (1) Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move), (2) Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing. If You Think Your Rights Have Been Violated: You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible. B. Federal Civil Rights Act Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Additional information about Federal Fair Housing and Civil Rights law can be found at: http://www.hud.gov/offices/fheo/FHLaws/FairHousintiJan2002.pdf. C. California Fair Employment & Housing Act This is the primary state law which prohibits discrimination in the sale, rental, lease negotiation or financing of housing based on race, color national origin, sex, marital status, national origin and ancestry. Exclusion include owner -occupied houses with no more than one boarder, some non-commercial religious, fraternal, charitable housing and post -secondary 2156/015610-0080 574348.08 a0427/05 educational housing that has restrictions based upon sex and marital status. The Department of Fair Employment and Housing (DFEH) has full powers to investigate, conciliate and litigate for the Fair Employment and Housing Commission which conducts hearings and issues orders which are enforceable by Superior Court. Private lawsuits may also be filed. D. California Fair Housing Act of 1992 Brings the Fair Housing Employment and Housing Act (FEHA) into conformity with the Federal Fair Housing Amendments Act of 1988. It is effective January 1, 1993 Added to current protected groups are mental and physical disability and familial status. It requires that housing providers allow disabled persons to modify their premises and make reasonable accommodations to meet their needs. It increases the time limit for the filing of discrimination complaints from 60 days to one year while providing for unlimited compensatory damages and larger monetary fines. Provides minimum accessibility standards for all newly -constructed multi- family housing. Bars mobile home parks from adults only residency unless they comply with criteria for the senior housing exemption as defined under Housing for Older persons. Provides representation of the victim by the Department of Fair Employment and Housing (DFEH) if the issue is removed to a court of law from the administrative process after determination that the law has been violated. E. Unruh Civil Rights Act of 1959 (Civil Code, Section 51 and 52) Requires equal access to the accommodations, advantages, facilities, privileges or services of all business establishments. Provides for the right to be free from discrimination in public accommodations regardless of sex, race, color, religion, ancestry or national origin. This Act has been interpreted by the courts to prohibit any arbitrary discrimination based in any class distinction, i.e., children, regardless of whether or not that basis is enumerated in the act itself. Complaints can be directed to DFEH and must be filed within one .year. As of January 1, 1993, legislation provides that a violation of the American with Disabilities Act (ADA) is also a violation of the Unruh Civil Rights Act. Amended to include all disabilities. If necessary, the Agency will assist you in referring complaints of discrimination to the appropriate Federal, state or local fair housing enforcement agency. 2156t015610-0080 .. 404 574348.08 s04/27/05 4' XIII. DIAGRAMATIC SKETCH OF THE PROJECT AREA 2156ro15610-0090 E A- 4 574348.08 a04/27/05 �; ,� EXHIBIT C: LAWFUL PRESENCE CERTIFICATION 2156/O15610-0080 574348.08 a0427/05 a J} Vista Dunes Mobilehome Park Relocation Certification of Lawful Presence in the United States INSTRUCTIONS: Pursuant to United States law, in order to be eligible to receive relocation benefits, all members of the household to be displaced must provide information regarding their lawful presence in the United States. The Head of Household or other responsible adult must certify for minors under 18 years of age. Any household which does not contain one or more United State citizens (by birth or naturalization) or one or more legally documented aliens, or which declines to provide thus information, may be denied relocation benefits. Claimant(s) Address Date BY MY SIGNATURE IN THE TABLE BELOW, I CERTIFY, under the penalty of perjury, to the best of my knowledge, to the following status: A. I am a citizen (including naturalized citizens) or national of the United States. B. I am an alien lawfully present in the United States (including "green card" holders). C. I am an alien not lawfully present in the United States. D I decline to nrnvide this information. Name Age Status Signature 1 Head of Household A B C D 2 A B C D 3 A B C D 4 A B C D 5 A B C D 6 A B C D WARNING: If you knowingly or deliberately make false, misleading or fraudulent statements on this form, you may be subject to civil and criminal penalties including fines and imprisonment, under Section 1001 of Title 18 of the United States Code. 2156/015610-0080 � 407 574348.08 a04/27/05 EXHIBIT D: GRIEVANCE PROCEDURES 408 2156/015610-0090 u �3 574348.08 a0427/05 GRIEVANCE PROCEDURES Purpose: The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his/her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so, the City Manager and the Assistant City Manager may, at their discretion, refer the matter back to the lower level for consideration and determination prior to their considering such evidence. A failure to provide evidence at a lower level of proceedings may prevent the issue or evidence from being further reviewed, including, without limit, in judicial review for failure to exhaust remedies. These procedures are supplemented by Regulation sections 6150-6176. A. Right of Review Initial Determination: Any displaced person or business who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Agency to provide comparable permanent or adequate temporary replacement housing or the Agency's property management practices, or not properly applying appropriate regulations, at his/her election, may have his/her claim reviewed and reconsidered in accordance with the following procedures. A claimant shall request the Agency's designated representative to provide him with a full written explanation of the determination and the basis therefore, which explanation shall be provided within three weeks from the date of receipt of the request. B. Informal Oral Presentation Agency Review: If the claimant feels that the written explanation is incorrect or inadequate, he/she may request an informal hearing with the Community Development Director or Designee ("Director"). ). (1) To obtain an informal hearing before the Director, claimant must complete a Relocation Complaint form with the Director within (540) days from the date he/she moves from the acquired property or receives final compensation for displacement from the property, whichever is later. (a) Within fifteen (15) days from the date of receipt of claimant's Relocation Complaint form for an informal hearing, he/she will be afforded an opportunity to make an oral presentation, or to request a written review by the Director of the relevant documents and written materials submitted by the claimant. (b) The claimant may be represented by an attorney or other person of his/her choosing at the oral presentation hearing (at the cost of the claimant). (c) The Director shall prepare a summary of the matters discussed and determinations made during the informal hearing, or written review, and serve a copy thereof upon the claimant. (d) The Director shall review and reconsider the initial determination of the claimant's case in light of. - All material upon which the Agency based its original determination including all applicable rules and regulations; - The reasons given by the claimant for requesting review and reconsideration of his/her claim; t 2156/015610-0080 574348.08 a04/27/05 409 Whatever additional written material has been submitted by the claimant; and Any further information which the Director may, in his/her discretion, obtain by request, investigation or research, to ensure fair and full review of the claim. (2) The final determination on review by the Director shall include, but is not limited to: (a) The Community Development Director's or Designee's decision on reconsideration of the claim; (b) The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale; and (c) A statement of claimant's right to seek within (45) days further review of his/her claim by the City Manager and Assistant City Manager and an explanation of the steps the claimant must take to obtain this review. (3) The right to a formal hearing as provided in section C below shall not be conditioned upon first obtaining an informal hearing by the Director. C. Request for Formal Review The City Manager and the Assistant City Manager Review: If the claimant feels that the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, or if the claimant desires to proceed directly to formal review, he/she may request a formal hearing before the City Manager and the Assistant City Manager, acting as the Appeals Board ("Appeals Board"). To obtain a formal hearing before the Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made -(i) within ten (10) days from the date of the Director's determination following the informal hearing or the Director written review or, if the claimant does not wish to request an informal hearing (ii) within five hundred forty (540) days from the date he/she moves fro the acquired property or receives final compensation from the property, whichever is later.. (1) Within fifteen (15) days from the date of receipt of claimants written request, he/she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefore, the hearing date shall be continued to another date. (2) The Appeals Board shall, at the time it gives notice of the formal hearing date, notify the claimant that he/she has the right to be represented by an attorney or others at his/her own expense, to present his/her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross- examination as may be required for full and true disclosure of facts; and the right to seek judicial review after having exhausted all administrative appeal remedies. (3) The Appeals Board shall review and reconsider the initial determination and/or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Agency's representatives. No evidence may be relied upon by the Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. The proceedings of the Appeals Board shall not be bound by any formal rules of evidence. 2156/015610-0080 574348.08 a04/27/05 410 (4) The Appeals Board shall make its determination within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. (5) The Appeals Board's determination shall be made in writing and shall contain its decision, the factual and legal basis upon which the decision is made and a statement informing the claimant of his/her right to appeal the decision to the Agency Board as provided below. (6) The claimant shall be promptly served with a copy of the Appeals Board's determination. D. Review by Redevelopment Agency Any person who believes himself/herself to be aggrieved by any final decision of the Appeals Board may, within five days after notice of such ruling or act, as herein above .provided, appeal to the Redevelopment Agency (the "Agency") by filing with the Community Development Director a written statement of the rulings or acts complained of and the reasons for taking such appeal. The Director shall thereupon refer such appeal to the Agency at its next regular meeting and the Agency shall thereupon fix a time for the hearing of said matter, which time shall be not less than thirty days from the time said appeal is presented to the Agency by the Director. On the date thus fixed, or on the date to which said hearing shall have been continued, the Agency shall proceed to hear and consider the evidence relating to said matter and shall make and enter on its minutes its final determination therein. The Agency may confirm, modify or set aside the findings of the Agency Board, and its determination in the matter shall be final and conclusive. No proceeding or action shall lie against the Agency, Community Development Director, City Manager, Assistant City Manager or any member of either thereof, nor against any officer, agent or employee of the Agency or City to review or enjoin the enforcement of its determination or orders of the Agency made pursuant hereto, or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such action is commenced within ninety days (90) from and after service of notice of the findings and determination of the Agency. Notice of the determination of the Agency shall be served by the Community Development Director upon the person, or persons, taking the appeal in the manner elsewhere in this subdivision provided for service of notices. The effect of any order from which an appeal is taken as herein provided shall be suspended and of no force or effect until such appeal is fully determined. The claimant shall be deemed to have exhausted his/her administrative remedies upon the Agency taking action upon his/her complaint. E. Time Limits General: The Community Development Director may extend any of the time limits specified in this Article upon a showing of good cause. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in Section C above. above; provided, however, any request to review shall be made within ninety (90) days from the date of receipt by (claimant's) of written notice that the request to extend time has been denied. F. Review of Files By Claimant The claimant may inspect all files and records bearing upon his/her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. G. Effect of Determination 2156/015610-0080 574348.08 a04/27/05 411 Determinations made by the Agency shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Agency and available for public inspection. H. Right to Counsel Any claimant has the right to be represented by an attorney at his/her expense at any and all stages of the proceedings set forth in this Article. Stay of Displacement Pending Review If claimant seeks to prevent displacement, the Agency shall not require the claimant to move until at least 20 days after it has made a determination and the claimant has had an opportunity to seek judicial review. In all cases the Agency shall notify the claimant in writing 20 days prior to the proposed new date of displacement. J. Further Review If the Agency denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing, or any other ground, the Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefore, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. These regulations prescribe the City of La Quinta procedures for granting administrative relief to any person aggrieved by a determination as to eligibility for a payment authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State of CaliforniaGovernment Code Section 7260, et. seq., with regard to the obligation of the Agency to refer such person to an adequate replacement dwelling or to any person aggrieved by a determination as to eligibility for a payment authorized by the above legislation to provide the opportunity for his/her application to be reviewed by the appropriate department responsible for administering such payments. 2156/015610-0080 � i 574348.08 a04/27/05 1 ATTACHMENTS 2156/015610-0080.E . 574348.08 a0427/05 ATTACHMENT 1: 1 Rancho Mirage Mobile Home Community RM 119 Del Mar $49,000.00 $495.00 2 1972 Dbl 2 Rancho Mirage Mobile Home Community RM 259 Saratoga $11,000.00 $485.00 2 1977 sgi 3 Rancho Mirage Mobile Home Community RM 28 Golden State $34�5�•� $495.00 2 1971 Dbl 4 Rancho Mirage Mobile Home Community Rm 62 Aquaduct In. $41,000.00 $495.00 2 1975 Dbl 5 Rancho Mirage Mobile Home Community RM 77 Hieleah a85,000.00 $495.00 2 1978 Dbl g Rancho Mirage Mobile Home Community RM 39 537,000.00 $496.00 2 1977 Dbl 7 Rancho Mirage Mobile Home Community RM 200 Golden State $39,500-� �495.00 3 1971 Dbl Rancho Mirage Mobile Home RM 37 $47,000.00 ;495.00 3 1985 Dbl g Community g Rancho Mirage Mobile Home Community RM 32 $65,000.00 $495.00 4 2000 Dbl 10 Rancho Palms MH Park RM 78 $25,000.00 $293.00 2 1974 sgl 11 Rancho Palms MH Park RM 94 $20,000.00 $293.00 2 1974 sgl 12 Rancho Palms MH Park RM 19 $18,000.00 $293.00 2 1993 Sgl. 13 The Colony RM 216 Intl. Blvd $98,900.00 $650.00 2 1975 Dbl 14 Palm Canyon Mobile Club PS 314 Lei Dr $32,500.00 $450.00 2 1971 Dbl 15 Palm Canyon Mobile Club PS 322 Lei Dr. $45,000.00 $450.00 2 Dbi 16 Palm Canyon Mobile Club PS 330 Lei Dr. $49,600.00 $450.00 2 1981 Dbi 17 Palm Canyon Mobile Club PS 801 Hila Lane $39,900.00 $450.00 2 1969 Dbl 18 Palm Canyon Mobile Club PS 803 Hila Lane $39,900.00 $450.00 2 1969 Dbl 19 Palm Canyon Mobile Club PS 4 Bali $45,900.00 $450.00 3 Tri 20 Palm Canyon Mobile Club PS 419 Ginger $149,000.00 $460.00 3 2002 Dbl 21 Sunrise Village Park PS 132 $47,500.00 $395.00 2 1989 Dbl 22 Sunrise Village Park PS 132 $55,000.00 $395.00 2 1989 Dbl 23 Western Village Ranch PS #138 $14,500.00 $425.00 2 sgl 24 Western Village Ranch PS #32 $34,500.00 $425.00 2 1978 Dbi 414 2156/015610-0080 574348.08 a04127/05 25 Western Village Ranch PS # 70 $39,900.00 $425.00 3 1972 Dbl 26 Western Village Ranch PS # 72 $35,000.00 $425.00 3 1970 Dbi 27 Western Village Ranch PS # 82 $45,000.00 $425.00 3 1973 Dbl 28 Portola Palms PD 126 $36,000.00 $420.00 1 1969 sgl 29 Portola Palms PD 40 $40,000:00 $420.00 2 1969 Dbl 30 Portola Palms PD 14 $72,900.00 $420.00 2 2001 Dbl 31 Portola Palms PD 38 $38,600.00 $420.00 2 1978 Sgl 32 Portola Palms PD 72 $30,000.00 $420.00 2 1979 Dbi 33 Portola Palms PD 62 $24,900.00 $420•00 2 1975 Sgl 34 Portola Palms PD 5 $25,000.00 $420.00 4 1969 Sgl 35 Silver Spurr PD 20 $31,000.00 $525.00 3 1971 sgl 36 Silver Spurr PD 15 Beaver Tail $49,900.00 $525.00 3 1978 Dbl 37 Silver Spurr PD 17 Lazy "B" $79,900.00 $625.00 3 2004 Dbl 38 Silver Spurr PD 20 Ocotill Ln $39,500.00 $525.00 3 1971 Dbi 39 Silver Spurr PD 9 Cholla $79,900.00 $525.00 3 2004 Dbl 40 Silver Spurr PD $59,000.00 $525.00 3 Dbl 41 Silver Spurr PD 6 Bar "D" $89,900.00 $625•00 4 2004 Dbl 42 Silver Spurr PD 27 Panpas $74,900.00 $525.00 2 Tri 43 Indian Springs Mobil Ind 116 $62,500.00 $430.00 2 1974 Dbl 44 Las Palmas de La Quinta Ind 236 $49,900.00 $450.00 2 1987 45 Las Palmas de La Quinta Ind 93 $38,000.00 $450.00 2 S91 46 Las Palmas de La Quinta Ind 173 $25,000.00 $460.00 2 1975 Sgl 47 Las Palmas de La Quinta Ind 190 $59,000.00 $460.00 2 2001 Sgl 48 Las Palmas de La Quinta Ind 36 $43,600.00 $450.00 2 1979 Dbl 49 Las Palmas de La Quinta Ind 6 $16,600.00 $460.00 2 1975 sgl 50 Las Palmas de La Quinta Ind 18 $72,000.00 $450.00 3 1975 Dbl 51 Las Palmas de La Quinta Ind 98 $62,000.00 $450.00 3 1999 Dbl 52 Las Palmas de La Quinta Ind 141 $65,500.00 $450.00 3 Dbi 2156/015610-0080 574348.08 80427/05 L 53 Las Palmas de La Quinta Ind 172 $72,000.00 $450.00 3 1975 3x 54 Las Palmas de La Quinta Ind 198 $64,000.00 $460.00 .3 1990 Dbl 55 Las Palmas de La Quinta Ind 240 $68,500.00 $450.00 3 1997 Dbi 56 Las Palmas de La Quinta Ind 254 $57,900.00 $450.00 3 1998 Dbl 57 Las Palmas de La Quinta Ind 280 $59,900.00 $460.00 3 1999 Dbl 58 Las Palmas de La Quinta Ind 216 $47,000.00 $450.00 3 Dbl 59 Las Palmas de La Quinta Ind 188 $40,000.00 $450.00 3 1978 Dbl 60 Magic Waters DHS 56 $14,000.00 $310.00 1 1960 sgl 61 Corkill Trailer Park DHS 10 $45,000.00 $380.00 2 Dbl $300 - 62 Holmes Oasis DHS 53 $23,000.00 $350 2 1978 sgl $300 - 63 Holmes Oasis DHS 59 $28,000.00 $360 2 1969 dbl 64 Palm Drive Trailer Park DHS D-3 $10,000.00 $315.00 2 1965 Sgl 65 Sky Haven Mobiel DHS 75 $119,000.00 $304.00 3 2005 Dbi SINGLE FAMILY HOME RENTALS- RESOURCE SURVEY 3/26/05 80-460 Ave 43 Indio 7,non 3 3/26/05 53-345 Avenida Alvarado La Quints 3 3/24/05 51755 Avenida Herrera La Quints 2 2156/015610-0080 574348.08 a04/27/05 E;o , co as ° N 0 H 0 -cN 0 aa; 000 0 m 0Z 0i �� cU- cLL �UU Q�yUU y O c c Z� c c 41 c N a� = o 0 U L U V g o. 'fl y c m ° c c y U d U d o .0 c C 0 c °� N m y �t U3 � w- c C �t ° ° W N N U c aci y U a C t y Z L Z t. cc N a1 �V, d c IC o > m E y ;c `° +O+ C wCCI tll Y ° �� t� -o O > m Y y 0 y'- E H coo c oo C �v E o°o -0IUoo 0a:viao o a 4)o ccCa�y4)00 c�oUa'W a °°)aEo ° a. �+ E E m� E m� a) a).°_: �� y 0 N a)� a:O�N a) :. cow y j t9 ° c :Oi C Gov= ° Zo �U o aci o co �z � > a>U c 0 ct we Zo � m(UW 0 ° � > � o V ca �a U c,o cc v w t c 0 m W M v yU ,`o_= �i' yU o EU a� °t � ° L. coo m� >'C �0 4- m r >'c �0 m= ooio°mo �AU0oU�JU oaci oo0o �coUUDU oaci oayiao°a0 �UU�t�U�JU omo� -�C.) oa�o L -,UUa ca ` m .- 0 0 2E �t a m y y m 7 O in 2 Ln C9 CO 'Darn v o, o ° U c >% ILD '° a M myU �o ca) cam' c � L. ca; c c cC) U Y E r c° o c �+ m N�'2m cc LL=t L LL` V= LI. LL C1 N�V sE ate °MSUiuU z IVrEc °�c��2 C.)iT 0 U E a C +c N V c�2 E ,E m , Ln o �, E o,L ,m �r00:(LU-Li co°o ��0 L N o U wvZ H _ c o 0 L'5:5 O c c ti c ° o d 00 E U6 N dU w =0 L. a�i off= c 0 o o YCl) c c E CO E 'C O 0 U L� V E i5 Lv Li L3 0 0 f o c=i UU m m0 rVt: 40) S C Q is os M cc 3: n. n. 0° c50 v UU a� m ego *0 rn O � � C � Q cdWcEa �aa 2 Q LL LL LL LL H a) a) coo O g w � r2 C J p Q 4 Q co � � y E¢'a) co O oQ¢ a) ma ayi LL co c yoU •M o 'RoU LLa c or-0 mM o 0o o E� E �E c co c Li�c LivLi inLOLi Qwoo_ CL rcw°`ogz= a �--) COO Coo a 0 ow t E 0 E o a� tm ix E ZW U a 0o d coo oD a� `o o o C r2 C1 C� v W z 7 .0 N �C C'� a�> a_> a E co ,- Eo `E Ed �° 60?5 w o� 0-5U hoc 0 LDVy =mod 0 U m CN c HNN OWSZOM 0U13w00D OW-V DOW a � orS c r U .. r o c •- r c E Xin 12 a � m'U... rno°'. m' s. & 0 c m 0 _ $• c 0-�j c dt) _ _ 0 c >% p o A, E Ct-m Om L1. LL ... No �§ 0) 0 m m� w 0 WM WM a aU.CLU ��a0 N c� Vj ca ca aa� ate oWS te == V c V c C0 0 o 3 � 422E cwo E o 0 o E Coz' S z. C > w O o O— O—•G.a L — 0 o — o p cm NU CO N c U o >,o0 o >.O v 0 = —5 mL 0cn@a0Neoa _ m� a =— 0— •c cm CO rnWvam a o m>u� g>>co -�E= �E= ct o= >.2a c(j) a0 v � a=g a= i U) moccoaU v5cna LL W LL LL n. (D ca v U c !V �:'�� U _� c mQ �L) 0 �N ai N o E � � c a�'a CO c y o—c0N >% c Q 0U. CL =p= ccoa•o, v�io oUp O Op O c E� c cM c �p� ()Ucn ft E0 E -•ao 0 oa, ca �ycn =gip a°r°a. ADDENDUM 419 215&015610.0080 � tf 574348.08 a0427/05 IOL 2 m Q a C Q U) E CL 9 IE 42 cc CD L A� W L ♦J .:3 a j OV a T V c CO N 8 N 0) h m co co c W_ c C W U E 0 c 0 b L c O W h O a cc Q C O ir- M N 0 424 10, OF COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Public Hearing to Consider a Petition for Tentative Cancellation of a Williamson Act Contract on 40+ Acres Located on the South Side of Avenue 52, 1,320 Feet East of Madison Street Within the Madison Club. Applicant: East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adoption of a Resolution of the City Council approving a Petition for Tentative Cancellation of a Williamson Act Contract for 40 ± acres on the south side of Avenue 52, 1,320 feet east of Madison Street. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Property History On February 1, 2005, the City Council certified an Addendum to a previously certified Environmental Impact Report prepared for Specific Plan 99-035, Amendment #1 and Tentative Tract 33076. The Specific Plan Amendment and Tentative Tract Map were also approved at the meeting. The Specific Plan Amendment provides for the development of The Madison Club, an 18-hole golf course surrounded by 275 residential units on 472 acres east of the future Madison Street between Avenue 52 and Avenue 54 (Attachment 1). The applicant has not yet started construction of this project. 495 Forty acres of the project site, consisting of two equal size parcels, along Avenue 52 (Attachment 2) are a portion of Coachella Valley Agricultural Preserve No. 76 and subject to Williamson Act contracts (California Land Conservation Act of 1965). Williamson Act Provisions The Williamson Act contracts provide property tax breaks for owners who use the land for agricultural purposes or open space. The previous owner entered into Williamson Act contracts in 1978 when the land was under Riverside County jurisdiction and used it for agriculture until sold to the applicant. The property's contract must be cancelled or terminated in order to allow the Madison Club project to proceed. The first step the current owner must take to cancel the contract is to file a Notice of Non -Renewal with the County. This was filed in December, 2002 by the applicant. The City of La Quinta then needs to hold a public hearing to grant tentative approval of the cancellation, after notifying other Williamson Act Contract holders within one mile, and the State Director of Conservation. This hearing fulfills that requirement. Upon approval by the City Council, compliance with all conditions of approval, and payment of a contract cancellation fee to the County, a Certificate of Cancellation will be recorded by the City Clerk completing the cancellation process. The cancellation fee has been determined to be $789,625 by the County of Riverside Assessor -County Clerk - Recorder. Required Findings In order for the City Council to grant this tentative cancellation, the following Findings must be made. Those Findings and substantiations as submitted by the applicant are as follows: 1. The cancellation is for land on which a Notice of Non -Renewal has been served pursuant to Gov. Code Section 51245. Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside County, California, on December 26, 2002, and were served on the City on June 26, 2003. 2. The cancellation is not likely to result in the removal of adjacent lands from agricultural use. The Project continues the planned and orderly development of the City of La Quinta. The Williamson Act property has been added to the Country Club of the Desert ("CCOD") Specific Plan area, which is adjacent to and extends along the 4 0S 2 entire west and south boundaries of the Williamson Act property. The Project's mix of residential and private golf course uses continues the existing residential and private golf . course uses on those lands in the CCOD Specific Plan area. The Project also is a continuation of the existing "Hideaway" development, a single- family residential and golf community that borders the Project to the west and is substantially constructed. Because these lands are already developed, the cancellation cannot result in their removal from agricultural uses. As to the lands to the Project's east, although most, if not all of these lands, are yet to be developed, they are either in the preliminary stages of the development process or 'are planned for future development, in accordance with the City's General Plan. Therefore, it would be the City's long-term planning and growth policies, and not this cancellation, which causes the removal of these lands from agricultural use. As to the lands to the Project's north, they are located in the City of Indio and are used for equestrian shows and other equestrian activities at the Empire Polo Grounds, as well as other outdoor events. The City of Indio's General Plan and Zoning authorize a small amount of residential uses on these lands. Because the uses on these lands are already non -agriculture and/or planned for residential uses, this cancellation cannot cause the removal of these lands from agricultural use. 3. The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Williamson Act property as "Low Density Residential" with an "Agriculture/Equestrian" Overlay. The Low Density Residential designation authorizes up to four (4) dwelling units per acre. The Project's net density of 1.38 dwelling units per acre falls within this limitation. The Agriculture/Equestrian Overlay permits private golf course uses when those uses are authorized in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment has fulfilled this requirement. The Project also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. 4. The cancellation will not result in noncontiguous patterns of urban development. The Project continues the City's orderly pattern of urban development and growth. As described above in Finding No. 2, the lands adjacent to and along the Project's entire south and west boundaries are existing/and or approved residential and golf communities. To the Project's east, although these lands are generally not as far along in the development process, they are planned and/or approved for urban development and will continue the orderly growth and expansion of the City. To the S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc Project's north, in the City of Indio, the land is either currently occupied with, or is planned for, uses that are compatible with urban development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The cancellation therefore does not create, or result in "leapfrog" development with pockets of undeveloped lands. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Williamson Act property would result in a noncontiguous pattern of development because the Williamson Act property would be the only agricultural use in an area of urban development. Agricultural uses at the Property. would be inconsistent and disorderly. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will connect to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with CVWD. Irrigation water will be provided by CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with State and local law. The Project applicant is fully capable of carrying through the development of the Project, and is very likely to do so. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco - based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 5. There is no proximate, non -contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non - contracted land. r S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land {Gov. Code § 51282(c)}. "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area, and are planned for development as residential and golf communities. The lands to the Project's east are currently under construction. Because these lands are already developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Williamson Act property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act property, farther away from the City's core and existing urban development. Development of the proximate, non -contacted lands prior to the Williamson Act property would result in "leapfrog" development, with the agricultural uses at the property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. In addition, subdivision (c) of Gov. Code section 51282 provides that the cancellation of a contract shall be in the "public interest" only if the City Council makes both .of the following: 1 . Other public concerns substantially outweigh the objectives of the Williamson Act. Cancellation of the Williamson Act Contracts and development of the Williamson Act property is consistent with the City's General Plan, which calls for the development of ' the property with residential and golf course uses. The General S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc Plan designates the property for Low Density Residential uses, and authorizes golf course uses when those uses are set forth in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. Cancellation, of the Williamson Act Contracts is also consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. Development of the Williamson Act property fulfills the City's protocol for orderly and well -planned development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although the lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The cancellation does not create or result in "leapfrog" development with pockets of undeveloped lands located between existing urban development and the Williamson Act property. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Property would create a noncontiguous pattern of development because the Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property therefore would be inconsistent and disorderly. According to the Legislature, the availability of housing is a matter of "vital statewide importance," and "the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order" per Gov't Code, § 65580(a). The attainment of this goal "requires cooperative participation between government and the private sector" (Gov't Code § 65580(b)), and the use of State and local governmental power "to facilitate the improvement and development of housing" (Gov't Code § 65580(d)). The cancellation of the Williamson Act Contracts will fulfill the foregoing State policies promoting the development of much -needed housing because the Project proposes to provide approximately 40 residential units. The Project's residential development also will contribute to the City's obligation under the State Planning and Zoning Law to provide its regional fair share of housing. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act property. Sewage disposal will be provided by the Coachella Valley 430. S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc ( 6 Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will be connected to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of, and very likely to carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 2. There is no proximate, non -contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non - contracted land. As to the first finding, "proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land {Gov. Code § 51282(c)}. "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. In this case,' no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As Io the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently 431 S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc t occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. As to the second finding, development of the Williamson Act property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act property, farther away from the City's core and existing urban development. Development of the proximate, non - contacted lands prior to the Williamson Act property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. Environmental Review The La Quinta Community Development Department completed Environmental Assessment 2004-520 for Specific Plan 99-035, Amendment #1, in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Environmental Assessment included the Contract cancellation impacts. The City Council certified an Addendum to EIR SCH#99061 109, on February 1, 2005, by adoption of Resolution 2005-016. Public Notice This project was advertised in the Desert Sun newspaper on April 22, 2005, and mailed to all Williamson Act contract property owners within one mile of the subject property. Also, pursuant to Government Code Section 51284, the notice was sent to the Director of Conservation at the State Department of Conservation at least ten working days prior to the public hearing date. To date, no letters have been received. Any written comments received will be handed out at the meeting. Conclusion Approval of this tentative cancellation is appropriate since the property is no longer in agricultural use and is approved for a golf -oriented residential project. S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc FINDINGS AND ALTERNATIVES: The Findings to approve this cancellation can be made as noted in the attached City Council Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving AP 2005-002, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution approving AP 2005-002; or 3. Provide staff with alternative direction. Respectfully submitted, V0VV%.- gs4wtj� a, Douglas R. Evans Community Development Director Approved for submission by: ,.Thomas P. Genovese, City Manager Attachments: 1 . Map of Madison Club Site 2. Map showing Williamson Contract property 4,33 S:\CitvMar\STAFF REPORTS ONLY\PH 3 AaiPres.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE CANCELLATION OF LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR 40 ± ACRES FOR A PORTION OF COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 76 CASE NO.: AGRICULTURAL PRESERVE 2005-002 APPLICANT: EAST OF MADISON, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 3RD day of May, 2005, hold a duly noticed Public Hearing to consider an Agricultural Preserve application to tentatively cancel a Land Conservation (Williamson Act) contract for 40 ± acres for a portion of Coachella Valley Preserve No. 76, generally located at the south side of Avenue 52, 1,320 feet east of Madison Street within the Madison Club, more particularly described as follows: APNs: 767-200-002 and 767-200-003 WHEREAS, said Agricultural Contract cancellation has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that Environmental Assessment 2004-520, an Addendum to EIR SCH#99061 109, was certified by the City Council on February 1, 2005, by adoption of Resolution 2005-016 for Specific Plan 99-035, Amendment #1, in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63); 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 make the following mandatory findings to approve the tentative cancellation � of said Land Conservation (Williamson Act) contract for 40 ± acres of Coachella Valley Preserve No. 76: 1. The cancellation is for land on which a Notice of Non -renewal has been served pursuant to Gov. Code section 51245. Notices of Non -Renewal of the Williamson Act Contracts were recorded as Instrument Nos. 2002-776903 and 2002-776904, Official Records of Riverside County, California, on December 26, 2002, and were served on the City on June 26, 2003. 434 City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 2 2. The cancellation is not likely to result in the removal of adjacent lands from agricultural use. The Project continues the planned and orderly development of the City of La Quinta. The Williamson Act Property has been added to the Desert of the Country Club ("DOCC") Specific Plan area, which is adjacent to and extends along the entire west and south boundaries of the Williamson Act Property. The Project's mix of residential and private golf course uses continues the existing residential and private golf course uses on those lands in the DOCC Specific Plan area. The Project also is a continuation of the existing "Hideaway" development, a single- family residential and golf community that borders the Project to the west and is substantially constructed. Because these lands are already developed, the cancellation cannot result in their removal from agricultural uses. As to the lands to the Project's east, although most if not all of these lands are not yet developed, these lands are either in the preliminary stages of the development process or are planned for future development, in accordance with the City's General Plan. Therefore, it would be the City's long-term planning and growth policies, and not this cancellation that causes the removal of these lands from agricultural use. As to the lands to the Project's north, these lands are located in the City of Indio and are used for equestrian shows and other equestrian activities at the Empire Polo Grounds, as well as other outdoor events. The City of Indio's General Plan and Zoning authorize a small amount of residential uses on these lands. Because the uses on these lands are already non -agriculture and/or planned for residential uses, this cancellation cannot cause the removal of these lands from agricultural use. 3. The cancellation is for an alternative use that is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Williamson Act Property as "Low Density Residential" with an "Agriculture/Equestrian" Overlay. The Low Density Residential designation authorizes up to four (4) dwelling units per acre. The Project's net density of 1.38 dwelling units per acre falls within this limitation. The Agriculture/Equestrian Overlay permits private golf course uses when those uses are authorized in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment has fulfilled this requirement. The Project also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open 435 City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 3 Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. 4. The cancellation will not result in noncontiguous patterns of urban development. The Project continues the City's orderly pattern of urban development and growth. As described above in Finding No. 2, the lands adjacent to and along the Project's entire south and west boundaries are existing/and or approved residential and golf communities. To the Project's east, although these lands are generally not as far along in the development process, these lands are planned and/or approved for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The cancellation therefore does not create or result in "leapfrog" development with pockets of undeveloped lands. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Williamson Act Property would result in a noncontiguous pattern of development because the Williamson Act Property would be the only agricultural use in an area of urban development. Agricultural uses at the Property would be inconsistent and disorderly. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will connect to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 4 ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. 5. There is no proximate, non -contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non - contracted land. "Proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land (Gov. Code § 51282(c)). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area, and are planned for development as residential and golf communities. The lands to the Project's east is currently under construction. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. Development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Williamson Act Property. The City's existing urban development is adjacent to the 437 City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 5 Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non - contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. 6. Other public concerns substantially outweigh the objectives of the Williamson Act. Cancellation of the Williamson Act Contracts and development of the Williamson Act Property is consistent with the City's General Plan, which calls for the development of the Property with residential and golf course uses. The General Plan designates the Property for low density residential uses, and authorizes golf course useswhen those uses are set forth in an adopted specific plan. The City's adoption of the CCOD Specific Plan Amendment will fulfill this requirement. Cancellation of the Williamson Act Contracts also is consistent with numerous policies in the Land Use, Traffic and Circulation, Open Space, Parks and Recreation, Natural Resources, and Infrastructure and Public Services Elements of the General Plan. Development of the Williamson Act Property fulfills the City's protocol for orderly and well -planned development. The City's General Plan establishes a planning protocol requiring the annexation and development of properties closest to the City's core first, and then systematically expanding outward without skipping over undeveloped lands. The cancellation of the Williamson Act Contracts is consistent with this protocol. The lands adjacent to and along the Project's entire south and west boundaries are existing residential and golf communities. To the Project's east, although the lands are generally not as far along in the development process, these lands are planned for urban development and will continue the orderly growth and expansion of the City. To the Project's north, in the City of Indio, these lands are either currently occupied with, or are planned for, uses that are compatible with urban development. The cancellation does not create or result in "leapfrog" development with pockets of undeveloped lands located between existing urban development and the Williamson Act Property. On the other hand, not canceling the Williamson Act Contracts and continuing agricultural uses at the Property would create a noncontiguous pattern of development because the Property would be the only City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 6 agricultural use in an area of urban development. Agricultural uses at the Property therefore would be inconsistent and disorderly. According to the Legislature, the availability of housing is a matter of "vital statewide importance," and "the early attainment of decent housing and a suitable living environment for every California family ig a priority of the highest order" per Gov't Code § 65580(a). The attainment of this goal "requires cooperative participation between government and the private sector" (Gov't Code § 65580(b)), and the use of state and local governmental power "to facilitate the improvement and development of housing" (Gov't Code § 65580(d)). The cancellation of the Williamson Act Contracts will fulfill the foregoing state policies promoting the development of much -needed housing because the Project proposes to provide approximately 40 residential units. The Project's residential development also will contribute to the City's obligation under the state Planning and Zoning Law to provide its regional fair share of housing. Public infrastructure near the Project has been constructed at a scale and configured, where appropriate, to anticipate the urban development of the Williamson Act Property. Sewage disposal will be provided by the Coachella Valley Water District ("CVWD"), and an existing 27" gravity sewer main, with sufficient capacity to serve the Project, exists in Madison Avenue and will be connected to the Project. The Project has a guaranteed potable water supply pursuant to an agreement with the CVWD. Irrigation water will be provided by the CVWD via the Coachella Canal. The Project's roads will connect to existing roads that have been sized to accommodate the Project. As to impacts on schools, the developer will mitigate all schools impacts through the payment of fees in accordance with state and local law. The Project applicant is fully capable of, and very likely to, carry through the development of the Project. The developer is East of Madison, LLC, a partnership between Nationwide Realty Investors ("NRI") and Discovery Land Company, Inc. ("Discovery"). NRI is a wholly owned real estate investment and development arm of Nationwide Insurance, one of the largest insurance and financial services companies in the world, with more than $148 billion in statutory assets. Discovery, managing partner of East of Madison, LLC, is a San Francisco -based real estate development firm specializing in the creation of world -class residential and golf communities. Discovery has built nine such projects, with three more in the pre -development stages, including The Madison Club. Under the auspices of ND La Quinta Partners, LLC, NRI and Discovery developed The Hideaway, a 560-acre residential and golf community immediately west of The Madison Club that is also part of the underlying CCOD Specific Plan area. y '9 4 ,� City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 7 7. There is no proximate, non -contracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, the development of the contracted land would provide more contiguous patterns of urban development than development of proximate, non - contracted land. "Proximate non -contracted land" means land not restricted by contract that is sufficiently close that it can serve as a practical alternative for the contracted land f Gov. Code § 51282(c)). "Suitable" for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract. In this case, no proximate non -contracted land is both suitable and available for the proposed uses of the Project. The lands to the Project's west, south, and east all are proximate and non -contracted. However, the lands to the Project's west and south are all part of the CCOD Specific Plan area and are planned for development as residential and golf communities. The lands to the Project's east also are already planned for development. Because these lands already are developed or planned for development, they cannot serve as a substitute for the proposed uses of the Project. As to the lands located to the Project's north, five parcels proximate to the Project are under Williamson Act contract. As to those lands that are proximate and non -contracted, they are located outside of the City's boundary, are currently occupied with existing equestrian -related and outdoor event uses, and/or are zoned for only a limited amount of residential uses. Therefore, they are not available for the proposed uses. Development of the Williamson Act Property will provide more contiguous patterns of urban development than the development of proximate, non -contracted land because the, only proximate, non -contracted land that is available and suitable are located farther away from the City's existing urban development than the Property. The City's existing urban development is adjacent to the Project to the south and west. The only proximate, non -contracted lands are located to the north and east of the Williamson Act Property, farther away from the City's core and existing urban development. Development of the proximate, non -contacted lands prior to the Williamson Act Property would result in "leapfrog" development, with the agricultural uses at the Property interrupting the pattern of urban development extending out from the City's core. Such development would be inconsistent with the City's orderly planning protocol of systematic development radiating outward from the City core. 440 City Council Resolution No. 2005- Agricultural Preserve 2005-002 East of Madison, LLC May 3, 2005 Page 8 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; and 2. That it does hereby approve to tentative cancellation of a Land Conservation (Williamson Act) contract for 40 ± acres of Coachella Valley Preserve No. 76, as shown in Exhibit "A" and subject to Conditions as contained in Exhibit "B" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 3" day of May, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 411 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED AGRICULTURAL PRESERVE 2005-002 EAST OF MADISON, LLC MAY 3, 2005 1 . The Landowner shall pay the full amount of the cancellation fee of $789,625 to the City of La Quinta prior to the Certificate of Cancellation of Contract being recorded. Unless the fee is paid or a Certificate of Cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code section 51283.4(b) and the recomputed fee shall be paid in full as'a condition of final cancellation of the contract. Neither the cancellation fee nor any portion thereof shall be waived. 2. The Landowner shall obtain all permits and approvals necessary to commence the project on the Property 3. Applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the City), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Contract cancellation application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 442 ATTACHMENT #1 4TRY CLUB DR. 10 �o� u! DESERT c'n 42nd AVE. co _z 3 FRED WARING DR. WELLS t" ppZ V1 pis 50th AVE 52nd AVE AYE s4 Z PROJECT Ln SITE a WN O O NOT TO SCALE: - FOR CONCEPTUAL USE ONLY AVENUE 50 A' AIRPORT AVE N-3 443 ig c;5 d c ATTACHMENT N2 , le f LOCATION OF 40 ACRE WILLIAMSON ACT CONTRACT SITE 411