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2005 06 21 CCe4 4 4 adja 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, June 21, 2005, 2:00 PM Beginning Resolution No. 2005-048 Ordinance No. 419 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 CITY'S REAL PROPERTY NEGOTIATOR, TIM JONASSON, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION OF VARIOUS RIGHT-OF-WAY PARCELS ALONG HIGHWAY 111 BETWEEN LA QUINTA DRIVE AND JEFFERSON STREET (APN'S 649-820-008; 649-020-013; 649-030-016; -017, -081, -082, -086, -087, -088) T City Council Agenda 1 June 21, 2005 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY ATTORNEY RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF THE MINUTES OF JUNE 7, 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 JUNE 21, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT FOR THE PERIOD ENDING APRIL 30, 2005. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR THE PERIOD ENDING APRIL 30, 2005. 9 City Council Agenda 2 June 21, 2005 4. APPROVAL OF ADVANCE FROM THE GENERAL FUND TO THE SilverRock ENTERPRISES GOLF FUND. 5. APPROVAL OF FACILITY USE POLICIES REVISIONS. 6. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE WASHINGTON STREET MEDIAN IMPROVEMENTS. PROJECT NO. 2003-09. 7. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINTA SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS FOR THE SPORTS COMPLEX. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 33588, - LA QUINTA REDEVELOPMENT AGENCY. BUSINESS SESSION 1. CONSIDERATION OF A TITLE SPONSORSHIP AGREEMENT FOR THE SilverRock JIM MURRAY GOLF INVITATIONAL. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2005/2006 A. RESOLUTION ACTION. 3. CONSIDERATION OF AN ORDINANCE SETTING THE FEE FOR AN ANNUAL EXTRA LEGAL LOAD HAUL PERMIT. A. TAKE UP ORDINANCE BY NUMBER AND TITLE ONLY AND WAIVE FURTHER READING. B. MOTION TO INTRODUCE FIRST READING OF ORDINANCE NO. 4. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 418, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS. A. MOTION TO ADOPT ORDINANCE NO. 418 ON SECOND READING. City Council Agenda 3 June 21, 2005 STUDY SESSION 1. DISCUSSION REGARDING PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY - JOINT POWERS AGREEMENT. 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) 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. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. CULTURAL ARTS COMMISSION MINUTES OF MAY 12 AND JUNE 9, 2005 18. COMMUNITY SERVICES COMMISSION MINUTES OF MAY 9, 2005 19. PLANNING COMMISSION MINUTES OF APRIL 26, MAY 10, AND MAY 24, 2005 20 ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF MAY 4 AND MAY 18, 2005 21. HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 21, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT OF MEETING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING HORIZON/ALTERNATIVE EDUCATION CENTER LOCATED NEAR DARBY ROAD. . 2. CITY ATTORNEY — NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR MAY, 2005 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR MAY, 20015 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR MAY, 2005 City Council Agenda 4 June 21, 2005 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR MAY, 2005 9. POLICE DEPARTMENT MONTHLY REPORT FOR MAY, 2005 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENT FOR PLACEMENT ON 2005/2006 PROPERTY TAX ROLL. A. RESOLUTION ACTION r' City Council Agenda 5 June 21, 2005 j 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND ORDINANCE TO 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-544; 2) CHANGE THE GENERAL PLAN LAND USE (GPA 05-104) AND ZONING DESIGNATION (ZC 04-124) FROM LOW -DENSITY RESIDENTIAL TO MEDIUM -DENSITY RESIDENTIAL; AND 4) APPROVE AN 80-UNIT MULTI -FAMILY RESIDENTIAL PROJECT (SDP 05-826) FOR PROPERTY LOCATED ON THE WEST SIDE OF ADAMS STREET, ON THE NORTH SIDE OF MILES AVENUE. CITY OF LA QUINTA REDEVELOPMENT AGENCY. A. RESOLUTION ACTIONS B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE NO. ON FIRST READING 3. PUBLIC HEARING TO CONSIDER APPROVAL OF THE FINAL AMENDED RELOCATION PLAN AND ANNUAL UPDATE FOR THE VISTA DUNES MOBILE HOME PARK. (25 C.C.R. Sec. 6J038(e)) A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on July 5, 2005 commencing with closed session at 2:00 PM and open session at 3:00 PM in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 June 21, 2005 0 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 June 21, 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 1 1 1, on June 17, 2005. DATED: June 17, 2005 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 June 21, 2005 T4t!t 4 4Q" COUNCIL/RDA MEETING DATE: JUNE 21, 2005 ITEM TITLE: Demand Register Dated June 21, 2005 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated June 21, 2005 BACKGROUND: Prepaid Warrants: 63975 - 640021 254,165.47 64003 - 640311 19,689.35 64032 - 640541 84,253.45 Voids} (3,152.17) Wire Transfers} 319,461.62 P/R 32781 - 328011 142,638.03 P/R Tax Transfers} 36,410.65 Payable Warrants: 64055 - 642741 5,448,918.71 $6,302,385.11 FISCAL IMPLICATIONS: Demand of Cash -City $3,036,176.02 Demand of Cash -RDA $3,266,209.09 AVV-11 40t_�_ JXrk Falconer, Finance Director 9i CITY OF LA QUINTA BANK TRANSACTIONS 5/27/05 - 6/15/05 6/01/05 WIRE TRANSFER - PERS 6/02/05 WIRE TRANSFER - PERS 6/02/05 WIRE TRANSFER - ICMA 6/06/05 WIRE TRANSFER - VISTA DUNES 6/06/05 WIRE TRANSFER - VISTA DUNES 6/09/05 WIRE TRANSFER - LANDMARK GOLF 6/10/05 WIRE TRANSFER - PERS MEDICAL INSURANCE 6/14/05 WIRE TRANSFER - LANDMARK GOLF TOTAL WIRE TRANSFERS OUT $300.80 $13,436.81 $8,674.42 $35,000.00 $47,863.61 $156,945.50 $55,882.30 1 358.18 $319,461.62 9 2 N 10 1 1 \0, 1 Y J 1 In 1 O Q I 1 w VF- I O I m 0 1 W N w C9 IL 1 I Q m I I d E 1 I O Z I 1 H 1 1 ix CL O I I CL C9 Ui I I- Z 1 Z e I Z H I H I�al !- 1 O ►- 1 Z I M W I O la�l O 1 \ 1 V I W V I u IUHI a IZH1 1 Q G 1 1 F I 1 H LL 1 1 H O I I E 1 I w F l I W W I I Z 1 v 1 I I 1 1 I I 1 I I 1 1 I I I � I 1 W 1 1 to 1 F I E 1 Z 1 Z 1 O 1 I u I y I u 1 z I al a I 1 m 1 1 I I } 1 I m I I I ix 1 I W 1 1 F I I Vf 1 I H I I C7 1 1 uw 1 I K I I I 1 he I 1 u I w I ui I F 1 S I Q I U I 0 1 I I LLJ 1 I J 1 I m 1 1 6 1 1 } I O! 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 02 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 2005 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Yohn ectfully submitteM. Falcoher, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta f �3 Tjhf 4 4 Qamrcu MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for April 30,2005 DATE: May 31, 2005 Attached is the Treasurer's Report for the month ending April 30, 2005. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Notes Sold/Matured Other Endin Chan e Cash (3) (1) $ (3,417,414) ($3,809,062) ($3,417,414) LAW 7BeginningPurchased 2,206,693 (1,500,000)25,463,448 706,693 US Treasuries (2) (2) (2) 191,260 (18,363) 120,350,114 23,646,240 191,260 (18,360 US Gov't Agencies (2) 0 0 Commercial Paper (2) - 0 0 Corporate Notes Mutual Funds - 6,092,339 171.189 1 5,921,150 171,189 Total 1 $ 174.280.912 I $ 2,035,504 $ 4,917,414 $ 172,897 $ 171,571,899 1 $ 2,709,013 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. M. -dcola-� Director/Treasurer �/ � 12-0 Datt Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 77 2 E E E FJ J m m E m C O (D m m O C C C C c C C u C Z Z C Z Z Z Z Z Z Z W O_ y Q E A a E __-C o a 0 O a dim a r 0.2 Q c c o d ON W O c N QQ ym > U) Q c o W W La W 2 W � W N J ,C N E d d m m a m >, a Co T 07 N N W N O_ N O LO G N .Pl V> > V N W C C C M> C a = c c C C N 3 O O O O o y N W CL y d O m a m 'C m O E TN o a o E E E E Y 00000 o p 0 o O O N -- V5 0 0 0 O O WN cE m -0000 -6 CD c O 0 0m Covt n- O » 0 u0? ou9X v v W E ¢ en 0 0 0 0 0 O O O O O O O O O O o 0 0 0 o o rn to ¢ n rn o 2 oLCC,Ono`�L`n o v co Z m � (OQ N CO v s t0 T vi 1 O 0 0 0 0 0 y e e O O O O O a o L OO EL O O 0 (I Oo OC O6ci O O O n N tON 0 0 0 00 E 0 0 0 0 00000 0 m >> u e e 0 0 0 0 0 o a ¢ o O 000000 0-*o N N Z e"a (n 0 0 0 0 O O O O O m O O O O O O O O O O o 0 0 0 c m 0 0 o O O O OOf O OOPI OL M O O c0 V Q O N N O p oo co O LO O LO O O Z LL c Q oQ O N d O � 00Ooo pop(Do 0 o e v e e a o O C 0 e e a o O N � OLO0 V O O O lL 7 O Oo) O 7 O O O Q ¢ N p r NO LO O)N c)(h f9 � 0 0 0 0 0 y O O O O O c e c O O O o O a o o ¢ 7 E Q O O O O O O O O O O O Z LL X _ W op Lp O 0000 O O O o O s M N O ¢ 7 N c a c O .012 N _Tp a s O m Q U c m c o m y E m a 2 2 m m U y L v ° Z_ m -j t?<x m m rE L=�L O m c Z mcOQ v c y E m 2 v m _O 7g a T O W m a 70 N tD N O N O LiI O O .. m EL LLQQ m m O. Q. U W N W mt H ¢ O mmU m U J O)w W E Oy cW nc rnQo� Z o mo c ;2 tm mo O U. 2,2O o00 3 m c m m -c amr m o 2 m E cE m O X 5 0 n w .wm �T m 0J U-1 > Ec mm m 2 Z c m y mC 7D5 a oo Im € E ° u m 0m ¢ . Z x U. E m c Em m asp JF >aa v o m O Lo mo mc c mE () myO mLE m - U OT O ) 2 i co K¢n W cc> - FO 0 0 0 0 1�0>tDO O eD a0 N CO "It CD O N N N M 78 City of La Quinta Summary of Holdings City, Redevelopment Agency and Financing Authority April 30, 2005 Cft Cash & Investments Bank Accounts T e Name - Availability 7No lus Wells Fargo - Demand s Checki Petty Cash - Demand NIA r....a.lul—inn - Demands Check Total - tsanK gccounu riginal Days to Maturit U. S. Government Securities Issuer/Type Custodian - Availabilit Surplus 379 Bank of New York -Demand Yes FNMA 342 335 Bank of New York - Demand Yes FHLB 335 3 Bank of New York - Demand Yes FHLB 3154 Bank of New York -Demand Yes FHLB 362 Bank of New York - Demand Yes FNMA-DiaC 363 Bank of New York - Demand Yes FreddteMac o.,..L of m— Vnrk - Demand Yes _ FreddleMac - Discount Total - U.S. Govemment aauul luu- riginal Days to Maturity U. S. Treasury Notes Custodian - AvailabilitySurplus Issuer/T e 368 Bank of New York - Demand Yes U.S. Treasury Note 371 718 Bank of New York - Demand Yes U.S. Treasury Note U.S. Treasury Note 18 731 Bank of New York - Demand Bank of New York - Demand Yes Yes U.S. Treasury Note 551 Bank of New York - Demand Yes U.S. Treasury Note U.S. Treasury Note Bank of New York - Demand Yes Yes U.S. Treasury Note 29 7 9 Bank of New York - Demand Bank of New York- Demand Yes U.S. Treasury Note Total- U.S. Treasury Local Agency Investment Fund Name - AvailabilitySurplus Yes Type State Pool LAIF - City -Demand LAIF - RDA - Demand Yes State Pool Total - State Pool Total City Investments Total City Cash & Investments 3.140% Bank of New York 2.898% Bank of New York 1231 % Bank of New York 2.971 % Bank of New York 1.262% Bank of New York 1.228% Bank of New York 2.405% Bank of New York Yield to Market Value Maturity Source 1.745% Bank of New York 2.093% Bank of New York 1.776% Bank of New York 2.008% Bank of New York 1.853% Bank of New York 2.129% Bank of New York 2.570% Bank of New York 2.464% Bank of New York M City of La Quinta Summary of Holdings City, Redevelopment Agency and Financing Authority April 30 ril30 2005 Fiscal Aslent Investments Pn tfnlin - RDA Investments L.US[OUlan - rweuaUauy 2002 RDA U.S. Bank-CIP 2004 Finance Authority -CIP 9nnd Finance Authority -CIP Yes Yes Driginal Days Issuer/Type to Maturity 182 U.S.Treasury Bill 182 U.S.Treasury Bill 182 Trustee - Availabili Surplus Mutual Fund Civic Center U.S.Bank - Project Yes 1st American Civic Center U.S.Bank - Debt Svc Yes 1 st American 1994 RDA U.S. Bank -Debt Svc Yes 1 st American 1995 RDA U.S.Bank - CIP Yes 1st American 1995 RDA U.S.Bank - Special Fund Yes 1 st American 2004 Fin Auth - 1995 US Bank - EscroN Yes 1 st American 1998 RDA U.S.Bank - CIP Yes 1 st American 1998 RDA U.S.Bank - Dbt Svc Yes 1st American 1998 RDA U.S.Bank - Special Fund Yes 1 st American 1998 RDA U.S.Bank - CIP Yes 1st American 2001 RDA U.S. Bank - Dbt Svc Yes 1 st American 2001 RDA U.S. Bank - CIP Yes 1st American 2002 RDA U.S. Bank - Dbt Svc Yes 1 st American 2002 RDA U.S. Bank - CIP Yes 1 st American 2003 Taxable RDA U.S. Bank - DS Yes 1 st American 2003 Taxable RDA U. S. Bank -COI Yes 1 st American 2003 Taxable RDA U. S. Bank-CIP Yes 1st American 2004 Fin Auth US Bank - CIP Yes 1 st American 9004 Fin Auth US Bank - COI Yes 1 st American Total Fiscal Agent Investments Grand Total Average Maturity 2.9840% U.S.Bank 2.4530% U.S.Bank SO 01 O` m Q M c �U c as c IL co '0 N co U U Q N C Q m E E c _o Lo Or- OO Clo>o JL" N -0EN a'M > d U c0 U Q Nd ctl-0 r-000 0 Lo It 00 co O to f- N co Cl) ti r- Q Q 04 C) LO c. z z a `" 603- 60). mwQ Q m Lo } z z wW Cl to to Lo U') In 0 0 0 0 0 Lo CD m D 0 0 0 0 0 N w p z N v c rn It z p �vv-4 ' O O M 0 0 0 0 OO V OOLo co V CD 'IT O ' O _ O C CD O O C - N O ti C. OOLnOO- -to OtoMOON hM La C.—O I- CD h V- 0 cl V O N O N O '� j ct Ln 0 N C r N C ` M h a` a c y 0)U- c 7 m Ll c > _ _ _ _ _ _ _> 7 >ca m 0 0 0 0 0 0 O .m O O axsan.aaaa m a; 0 m 2 m a? CC6 p rn c? cmcammcco U—) Coa c w U U U H U H vi vi m m C �6 U N CPI m N 0 O 0 O m U N V m � �' C ... 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U S Q m0000 0 C MOO(ON O 7n7 V aD r.n 0 0 0 0 Ia CO C `7 auoq �r)n�rao '-aO N COnN CO Qwrrrnao c o 0 0 0 0 nrl afl: Oo CaOrO� N O 0 0 0 0 0 m 0)Oa OM N LL 0)tO1-: 0� 0 0 0 0 C)C N(CO C. c.-ao(p<- N O — •- N 0 0 0 0 0 mMOOr�r o ("! O c g N M N < N 0 0 0 0 0 >O N O N W O Z M O O N M 0 0 0 0 0 U O M M O QO O n V N o 0 0 0 0 OC N�cNO�lp M N N — N y o 0 0 0 0 �u�rrCR > V NOCO� � Q (V N N O o 0 o o N o CO OO M I- T g o r — r N - N N m o 00 0 0 CN0MI,-vM 7 a 0 O r m O C4 N 0 0 0 0C,0 N 0) CD 000) to N . (V u0 0 C0 C C t0 Q M C?m )O r aO C4 N N L o 0 0 0 0 a0.. COOO CO COCO Ca N)Ol Mc0 0 0 0 0 0 Ly COOCO 10Mn LL N 4) O N m O o 0 0 0 0 r O r M n r cMCDrnaoNo N - M 0 0 0 0 0 dMO V )n�CO �Os►M ao N 0 0 0 0 0 otOO W ONM ZOr V 0)CO CO m c14 M 0 0 U e o V C,r r O � O N N O N r a CV Cl) N M " o 0 0 0 0 M O a D O M 0 N O N O M V N My of Cl) of v y o 0 0 0 0 (D c) 0) r C) O O) N O M) O) O Qvcirioi v p o 0ppo 0 co a)cpo — On1 V Cn I:V O -=j q. M V M Y g y C C E E c c y y C N m o, E UQy v > a 76 iz w O O O — T fY1 O/ O O) C C C > E E E c www N .0 m N N N C a) 6 O 0, Of > > > 2 T LL C C C m — C c c ?C > Q Q Q Q (n Q J Ltm L CCC Q � C Q O rn c m W L � (c m C C Q ■ C E U fflo U- 0 rn c 'c m W � W c ag c O E CD N c •CL L tl! ai U O y m L L J c ,d; ow E N Oy-O Z O O ►� c ° C� co d r n C) E0 0 0 0 CDa o O O O O O OO tLq p to O LID O Z CM N N 4UOWGd o O ■ I I I I I I I 1 .1 i i 1 ■ 1 1 i i i I I 1 t i, 8� 10 V 5 GFyOF4�� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 21, 2005 Transmittal of Revenue and Expenditure Report for April 30, 2005 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: BUSINESS SESSION: ,{ CONSENT CALENDAR: `J STUDY SESSION: PUBLIC HEARING: Transmittal of the Statement of Revenue and Expenditures for April 30, 2005 for the City of La Quinta. Respectfully submit ed, n M. Falconer,F Finance Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for April 30, 2005 �Q ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/0112004 - 04130/05 FUNDS BUDGET RECEIVED RECEIVED General $24,064,504.60 $23,245,798.00 96.60% Library 649,500.00 226,970.03 34.90% Gas Tax Revenue 622,200.00 472,647.37 76.00% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 100,612.50 100.60% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 178,903.73 100.90% Lighting & Landscaping 825,800.00 415,276.03 50.30% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 875,705.60 569.00% Infrastructure 15,600.00 7,885.42 50.50% Village Parking 0.00 0.00 0.00% South Coast Air Quality 175,700.00 160,416.69 91.30% Cmaq/lstea 553,785.00 419,323.33 75.70% Transportation 758,700.00 1,965,787.48 259.10% Parks & Recreation 501,000.00 629,385.83 125.60% Civic Center 192,500.00 513,348.23 266.70% Library Development 112,500.00 274,774.30 244.20% Community Center 59,200.00 126,888.94 214.30% Street Facility 11,700.00 27,465.66 234.70% Park Facility 3,000.00 6,636.68 221.20% Fire Protection Facility 32,100.00 139,083.64 433.30% Library Development (County) Facility 190,963.00 191,996.61 100.50% Arts In Public Places 98,600.00 192,848.35 195.60% Interest Allocation 0.00 147,034.00 0.00% Capital Improvement 82,485,730.68 30,813,227.44 37.40% Assessment District 2000-1 6,000.00 3,948.90 65.80% Equipment Replacement 388,860.00 370,228.87 95.20% Information Technology 423,568.00 412,594.92 97.40% Park Equipment & Facility 14,113,209.00 14,115,612.72 100.00% SilverRock Golf 1,911,056.00 667,436.50 34.90% LQ Public Safety Officer 2,100.00 2,079.58 99.00% La Quinta Financing Authority 3,681,249.00 3,667,665.89 99.60% RDA Project Area No. 1 37,086,041.00 22,601,422.91 60.90% RDA Project Area No. 2 37,593,009.00 22,471,339.40 59.80% Total $207,742 423.68 $125 444 345.55 1 60.40% F� CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2004 - 04/30105 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $25,829,901.00 $16,719,294.07 $68,279.81 $9,042,327.12 64.7% Library 3,173,013.00 298,625.00 0.00 2,874,388.00 9.4% Gas Tax 897,998.00 639,000.74 0.00 258,997.26 71.2% Federal Assistance 509,535.00 124,753.00 0.00 384,782.00 24.5% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 100,000.00 0.00 0.00 100.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 688,166.66 0.00 137,633.34 83.3% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 821,871.00 106,726.63 0.00 715,144.37 13.0% Infrastructure 1,140,356.00 165,575.56 0.00 974,780.44 14.5% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 239,349.00 150,994.40 0.00 88,354.60 63.1 % Cmaq/lstea 553,785.00 419,323.33 0.00 134,461.67 75.7% Transportation 4,444,962.00 929,770.53 0.00 3,515,191.47 20.9% Parks & Recreation 214,814.00 100,641.99 0.00 114,172.01 46.9% Civic Center 3,486,090.00 277,020.62 0.00 3,209,069.38 7.9% Library Development 3,746,450.00 3,397,003.51 0.00 349,446.49 90.7% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 0.00 17,910.16 0.00 (17,910.16) 0.0% Library County DIF 590,863.00 408,182.00 0.00 182,681.00 69.1% Arts In Public Places 560,938.68 119,095.18 0.00 441,843.50 21.2% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 82,485,730.68 30,813,227.44 137,842.79 51,534,660.45 37.4% Proposed Assessment Di 142,507.00 147,372.00 0.00 (4,865.00) 103.4% Equipment Replacement 1,097,339.00 250,328.98 57,183.62 789,826.40 22.8% Information Technology 590,351.00 246,123.10 26.94 344,200.96 41.7% Park Maintenance Facility 0.00 8,216.59 4,315.82 (12,532.41) 0.0% SilverRock Golf 2,317,410.00 888,349.38 13,016.20 1,416,044.42 38.3% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Auth 3,735,955.00 3,722,825.39 0.00 13,129.61 99.6% RDA Project Area No. 1 82,494,583.00 45,297,944.56 0.00 37,196,638.44 54.9% RDA Project Area No. 2 31,387,177.00 19,681,427.72 0.00 11,705,749.28 62.7% Total 253,620,964.36 125,717,898.54 $280,665.18 127,622,400.64 49.6% CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/0112004 - 04/30/05 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits FEES: Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 743,400.00 785,027.75 (41,627.75) 1,233,100.00 780,567.17 452,532.83 4,072,200.00 3,892,204.72 179,995.28 1,334,500.00 666,381.50 668,118.50 539,700.00 899,326.11 (359,626.11) 4,030,300.00 3,259,868.02 770,431.98 0.00 405,000.00 (405,000.00) 797,800.00 743,043.61 54,756.39 12,751,000.00 11,431,418.88 1,319,581.12 202,500.00 221,639.10 (19,139.10) 15,400.00 12,148.50 3,251.50 493,800.00 1,651,186.46 (1,157,386.46) 84,400.00 270,467.92 (186,067.92) 43,100.00 147,925.29 (104,825.29) 85,000.00 222,913.59 (137,913.59) 5,000.00 12,890.00 (7,890.00) 42 200.00 208,942.49 (166,742.49) 971,400.00 2,748,113.35 (1,776,713.35) 4,400.00 10,417.44 (6,017.44) 191,800.00 207,920.53 (16,120.53) 471,000.00 1,067,311.78 (596,311.78) 222,400.00 199,975.00 22,425.00 584 400.00 1,288,146.60 (703,746.60) 1,474,000.00 2,773,771.35 (1,299,771.35) 1,455,300.00 1,000,417.40 454,882.60 77,500.00 73,074.69 4,425.31 41,900.00 23,526.76 18,373.24 31,609.00 39,096.16 (7,487.16) 182,100.00 0.00 182,100.00 0.00 0.00 0.00 8,451.00 48,253.52 (39,802.52) 3,775,081.00 2,194,251.94 1,580,829.06 175 000.00 174,158.19 841_.81 5,746,941.00 3,552,778.66 2,194,162.34 2,265,300.00 2,148,096.93 117,203.07 17,100.00 6,374.40 10,725.60 316,011.00 346,000.00 (29,989.00) 0.00 0.00 0.00 0.00 (40.57) 40,57 333,111.00 522,752.00 352,333.83 239,285.00 (19,222.83) 283,467.00 24,064,504.00 23,245,798.00 818,706.00 913 4 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01 /2004 - 04130/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 753,885.00 422,478.65 0.00 331,406.35 CITY MANAGER'S OFFICE 849,100.00 661,623.84 17,500.00 169,976.16 ECONOMIC DEVELOPMENT 840,600.00 620,745.39 0.00 219,854.61 PERSONNEL/RISK MGT 794,069.00 464,475.83 0.00 329,593.17 TOTAL GENERAL GOVERNMENT 3,237,654.00 2,169,323.71 17,500.00 1,050,830.29 CITY CLERK 526,211.00 410,371.88 305.00 115,534.12 TOTAL CITY CLERK 526,211.00 410,371.88 305.00 115,534.12 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 789,610.00 494,624.68 2,764.00 292,221.32 SENIOR CENTER 376,294.00 249,902.80 0.00 126,391.20 PARKS & RECREATION PROGRAMS 185,003.00 145,587.14 0.00 39,415.86 TOTAL COMMUNITY SERVICES 1,350,907.00 890,114.62 2,764.00 458,028.38 FINANCE FISCAL SERVICES 726,376.00 515,317.11 0.00 211,058.89 CENTRAL SERVICES 659,448.00 502,102.42 2,427.61 154,917.97 TOTAL FINANCE 1,385,824.00 1,017,419.53 2,427.61 365,976.86 BUILDING & SAFETY: BUILDING &SAFETY -ADMIN 321,517.00 210,047.21 0.00 111,469.79 BUILDING 1,346,594.00 1,077,922.75 0.00 268,671.25 CODE COMPLIANCE 658,084.00 391,847.67 0.00 266,236.33 ANIMAL CONTROL 302,229.00 159,777.70 0.00 142,451.30 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 1,007,322.80 0.00 99,001.20 TOTAL BUILDING & SAFETY 3,734,748.00 2,846,918.13 0.00 887,829.87 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 4,148,510.61 0.00 2,665,443.39 FIRE 3,881,825.00 1,855,696.79 0.00 2,026,128.21 EMERGENCY SERVICES 45,193.00 27,446.43 0.00 17,746.57 TOTAL PUBLIC SAFETY 10,740,972.00 6,031,653.83 0.00 4,709,318.17 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 342,217.24 0.00 214,668.76 CURRENT PLANNING 750,085.00 486,894.88 3,048.86 260,141.26 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 829,112.12 3,048.86 474,810.02 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 277,879.00 202,206.18 0.00 75,672.82 DEVELOPMENT & TRAFFIC 1,226,366.00 1,010,734.63 0.00 215,631.37 MAINT/OPERATIONS - STREETS 2,188,469.00 1,227,295.12 32,329.62 928,844.26 MAINT/OPERATIONS - LTG/LANDSCAPING 1,760,213.00 1,224,788.92 9,904.72 525,519.36 MAINT/OPERATIONS - PARK MAINTENANCE 915,140.00 724,270.52 0.00 190,869.48 CONSTRUCTION MANAGEMENT 878,817.00 562,904.37 0.00 315,912.63 TOTAL PUBLIC WORKS 7,246,884.00 4,952,199.74 42,234.34 1,863,278.92 TRANSFERS OUT 316,954.00 226,963.35 0.00 89,990.65 GENERAL FUND REIMBURSEMENTS (4,017,224.00) (2,654,782.84) 0.00 (1,362,441.16) NET GENERAL FUND EXPENDITURES 25,829,901.00 16,719,294.07 68,279.81 9,042,327.12 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTALLLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING 649,500.00 210,923.58 438,576.42 0.00 0.00 0.00 0.00 16 046.45 (16,046.45) 649,500.00 226,970.03 422,529.97 193,100.00 152,411.02 40,688.98 137,900.00 109,284.43 28,615.57 256,900.00 201,429.64 55,470.36 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 3,522.28 4,077.72 622,200.00 472,647.37 149,552.63 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 100,000.00 0.00 0.00 612.50 (612.50) 100,000.00 100,612.50 (612.50) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 1653.73 (1,653.73) 177,250.00 178,903.73 (1,653.73) 825,800.00 415,276.03 410,523.97 0.00 0.00 0.00 0.00 0.00 0.00 825,900.00 415,276.03 410,523.97 411,644.00 0.00 411,644.00 0.00 0.00 0.00 411, .00 0.00 411,644.00 150,000.00 870,027.52 (720,027.52) 3 900.00 5,678.08 1 778.08 15T900N 75,705. 7 1,805.E 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0.00 15,600.00 7,885.42 7,714.58 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 19,229.86 15,185.14 139,285.00 139,285.00 0.00 0.00 0.00 2,000.00 1,901.83 98.17 175,700.00 160,416.69 15,283.31 553,785.00 419,323.33 134,461.67 0.00 0.00 0.00 553,785.00 419,323.33 134,461.67 721,400.00 1,899,600.48 (1,178,200.48) 37,300.00 66,187.00 (28,887.00) 0.00 0.00 0.00 758,700.00 1,965,787.48 (1,207,087.48) 501,000.00 623,982.00 (122,982.00) 0.00 5,403.83 (5,403.83) 0.00 0.00 0.00 501,000.00 629,385.83 (128,385.83) 192,500.00 494,837.14 (302,337.14) 0.00 18,511.09 (18,511.09) 0.00 0.00 0.00 192,500.00 513,348.23 (320,848.23) 112,500.00 279,708.00 (167,208.00) 0.00 (4,933.70) 4,933.70 0.00 0.00 0.00 112,500.00 274,774.30 (162,274.30) 48,500.00 120,189.00 (71,689.00) 10 700.00 6,699.94 4,000.06 59,200.00 126,888.94 (67,688.94) 9,800.00 25,958.17 (16,158.17) 1,900.00 1,507.49 392.51 11,700.00 27,465.66 (15,765.66) 2,500.00 6,236.00 (3,736.00) 500.00 400.68 99.32 3,000.00 6,636.68 (3,636.68) 32,100.00 138,340.66 (106,240.66) 0.00 742.98 (742.98) 32,100.00 139,083.64 (106,983.64) 190,863.00 190,863.00 0.00 100.00 1133.61 (1,033.61) 190,963.00 191,996.61 (1,033.61) 97,500.00 185,255.21 (87,755.21) 0.00 0.00 0.00 1,100.00 7,593.14 (6,493.14) 98,600.00 192,848.35 (94,248.35) 0.00 147,034.00 (147,034.00) 0.00 0.00 0.00 0.00 147,034.00 (147,034.00) CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Allocated Interest Income Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transferin Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 574,953.21 6,017,603.79 877,462.00 28,983.40 848,478.60 0.00 0.00 0.00 244,800.00 0.00 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 664,658.00 223,637.00 441,021.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 73 922 116.68 29,985,653.83 43,936,462.85 82,485,730.68 30,813,227.44 51,672,503.24 6,000.00 3,948.90 2,051.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 3,948.90 2,051.10 328,160.00 328,160.35 (0.35) 0.00 0.00 0.00 0.00 350.00 (350.00) 0.00 15,203.00 (15,203.00) 60,700.00 26,515.52 34,184.48 0.00 0.00 0.00 388,860.00 370,228.87 18,631.13 416,568.00 406,111.00 10,457.00 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 6,483.92 516.08 0.00 0.00 0.00 423,568.00 412,594.92 10,973.08 250,000.00 250,000.00 0.00 0.00 2,403.72 (2,403.72) 13 863 209.00 13 863,209.00 0.00 14,113,209.00 14,115,612.72 (2,403.72) 1,646,790.00 554,984.31 1,091,805.69 22,696.00 5,293.00 17,403.00 0.00 46,555.00 (46,555.00) 119,681.00 40,638.17 79,042.83 0.00 (997.20) 997.20 121,889.00 20,963.22 100,925.78 1,911,056.00 667,436.50 1,243,619.50 2,000.00 2,000.00 0.00 100.00 79.58 20.42 2,100.00 2,079.58 20.42 93 CITY OF LA QUINTA 07/01/2004 - 04/30/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 3,173,013.00 298,625.00 0.00 2,874,388.00 TOTAL LIBRARY FUND 3,173,013.00 298,625.00 0.00 2,874,388.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 518,500.00 0.00 103,700.00 TRANSFER OUT 275,798.00 120,500.74 0.00 155,297.26 TOTAL GAS TAX FUND 897,998.00 639,000.74 0.00 258,997.26 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 124,753.00 0.00 384,782.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 100,000.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177,250.00 0.00 0.00 177,250.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 688,166.66 0.00 137,633.34 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 688,166.66 0.00 137,633.34 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 TOTAL RCTC 2,056,829.00 0.00 0.00 2,056,829.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 821,871.00 106,726.63 0.00 715,144.37 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 165,575.56 0.00 974,780.44 TOTAL INFRASTRUCTURE 1,140,356.00 165,575.56 0.00 974,780.44 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 11,709.40 0.00 11,235.60 TRANSFER OUT 216,404.00 139,285.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 239,349.00 150,994.40 0.00 88,354.50 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQ/ISTEA FUND 553,785.00 419,323.33 0.00 134,461.67 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 392,878.00 392,878.00 0.00 0.00 TRANSFER OUT 4,052,084.00 536,892.53 0.00 3,515,191.47 TOTAL TRANSPORTATION 4,444,962.00 929,770.53 0.00 3,515,191.47 PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER PROGRAM COSTS REIMBURSE GENERAL FUND TRANSFER OUT LIBRARY DEVELOPMENT PROGRAM COSTS TRANSFER OUT 0.00 58,067.98 0.00 (58,067.98) 214,814.00 42,574.01 0.00 172,239.99 TOTAL PARKS & RECREATION 214,814.00 100,641.99 0.00 114,172.01 0.00 0.00 0.00 0.00 204,366.00 170,305.00 0.00 34,061.00 3,281,724.00 106,715.62 0.00 3,175,008.38 TOTAL CIVIC CENTER 3,486,090.00 277,020.62 0.00 3,209,069.38 0.00 0.00 0.00 3,746,450.00 3,397,003.51 0.00 349,446.49 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 3,397,003.51 0.00 349,446.49 0 CITY OF LA QUINTA 07/01/2004 - 04/30/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION 0.00 17,910.16 0.00 (17,910.16) INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL FIRE PROTECTION DIF 0.00 17 910.16 0.00 (17,910.16) LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 590,863.00 408,182.00 0.00 182,681.00 TOTAL LIBRARY COUNTY DIF 590,863.00 408,182.00 0.00 182,681.00 ART IN PUBLIC PLACES FUND 3,500.00 0.00 0.00 3,500.00 MAINTENANCE EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 OPERATING EXPENSES-APP 188,813.00 47,658.50 0.00 141,154.50 ART PURCHASES TRANSFER OUT 366,825.68 11:436.68 0.00 295,389.00 TOTAL ART IN PUBLIC PLACES 560,938.68 119095.18 0.00 441,843.50 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 81,456,272.68 30,674,148.26 137,842.79 50,644,281.63 PROJECT REIMBURSEMENTS TO GEN FUND 1,029,458.00 139,079.18 0.00 890,378.82 TRANSFER OUT TOTAL CAPITAL IMPROVEMENT 0.00 0.00 0.00 82,485,730.68 30,813,227.44 137,842.79 51,534,660.45 ASSESSMENT DISTRICT 2000-1 0.00 0.00 0.00 0.00 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 142 507.00 147 372.00 0.00 (4,865.00) TRANSFER OUT TOTAL AD 2000-1 142,507.00 147,372.00 0.00 (4,865.00) EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 440,339.00 250,328.98 57,183.62 132,826.40 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,097,339.00 250,328.98 57,183.62 789,826.40 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 246,123.10 26.94 344,200.96 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 246,123.10 26.94 344,200.96 PARK MAINTENANCE FACILITY 0.00 8,216.59 4,315.82 (12,532.41) OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK MAINTENANCE FAC 0.00 8,216.59 4,315.82 (12,532.41) SILVERROCK GOLF OPERATING EXPENSES 2,317,410.00 888,349.38 13,016.20 1,416,044.42 TOTAL SILVERROCK GOLF 2,317,410.00 888,349.38 13,016.20 1,416,044.42 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 9c, 10 Tw�t 4 ZP Q"mrry AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 21, 2005 BUSINESS SESSION: ITEM TITLE: Approval of an Advance from the General Fund to the SilverRock Golf Enterprise Fund CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an advance of $544,238 from the General Fund to the SilverRock Golf Enterprise Fund to cover operating losses for FY 2004/2005. FISCAL IMPLICATIONS: The estimated FY 2004/2005 advance to cover operating losses from the SilverRock Golf Course is estimated to be $544,238. This is only an estimate; staff would adjust the advance to the actual loss in July when closing the books in preparation for the annual audit in August. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a management agreement with Landmark Golf to operate the SilverRock Golf course. Landmark was advanced $250,000 to use to pay operating expenses for golf course operations. Twic6 per month Landmark Golf requests a reimbursement for their expenses which are approved by the Public Works Department and a wire transfer is processed by the Finance Department to replenish the balance back to the $250,000 level. In addition to the initial $250,000 advance, the agreement also required that the City advance funds for the initial inventory in the pro shop. In essence, the City purchased the initial inventory, such as shirts & shoes, and the items were shipped to the Clubhouse. After the initial inventory was purchased, replenishment was 9G made through the twice monthly requests previously mentioned. The City Council approved an advance of up to $80,000 for these initial inventory purchases of which $45,580 was actually spent. The estimated revenues and expenses for the Golf course come from two sources: the City and Landmark Golf. Revenues from the City include SilverRock resident card sales and revenues from Landmark Golf include green fees, merchandise sales, food & beverage sales. Expenses from the City include staff salary & fringe benefits for the Golf Course Manager, vehicle charges and other miscellaneous expenses; expenses from Landmark Golf include all costs to maintain the course, costs to run the pro shop, costs to run the food & beverage operations, general & administrative costs, marketing expenses, reserve account costs (2% of revenues) and a management fee. Based upon the projected revenue and expenditures forecasted from the mid -February opening to the end of June 30, 2005, staff is projecting an operating loss of $544,238 from the Golf Course. In order to fund this loss, staff is proposing an advance of $544,238 from the General Fund Balance reserves. It should be noted that next year's FY 2005/2006 budget also projects a loss of $450,470 which will also require a future advance. It is anticipated that these advances will be repaid from future golf course net income that is generated in future years. The outstanding advances will be charged the LAIF earnings rate on a quarterly basis. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the advance from the General Fund to the SilverRock Golf Enterprise Fund; or 2. Do not approve the advance from the General Fund to the SilverRock Golf Enterprises Fund; or 3. Provide staff with alternative direction. 97 2 Respectfully submitted, (.)ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Ir Aj 3 Tity/ 4 4a Qamro COUNCIL/RDA MEETING DATE: ,tune 21, 2005 ITEM TITLE: Approval of Facility Use Policy Revisions RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Community Services Commission's recommendations for Facility Use Policies as revised. FISCAL IMPLICATIONS: The Facility Use Policies revision will include fees associated with the use of Phase II of the Library, as well as charges for the use of the sports fields by travel teams and tournaments. The updated fees will generate additional revenue, although the actual amount is unknown at this time. It is anticipated, however, that there will be a large demand for rental of the multi -purpose room of the Library, which could generate a substantial amount of revenue. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 19, 2003, the City Council approved the current Facility Use Policies for City facilities. Five changes are being proposed for the Facility Use Policies: Fees for the use of Phase II of the library rooms; increase in deposits for the Senior Center and establishment of a deposit for the Library rooms; establishment of a fee for use of the announcing system at the Senior Center; increase in park rental fees for non -La Quinta residents; and use fees for the sports fields by competitive teams and tournaments. In addition to the recommended policy changes, the existing policies have been clarified to make them easier to interpret by the general public. ZAM The Community Services Commission (Commission) reviewed the changes to the policies at the June 13, 2005 Commission meeting and approved recommending the five changes for City Council consideration. The youth sports groups attended the Community Services Commission meeting and provided input regarding the policy changes. In addition to the policy changes, the Commission also heard concerns from the youth groups regarding the field conditions, namely the condition of the turf. The Commission recommended that staff get a list of possible improvements from the youth groups and implement those recommendations that could be achieved by the City. The suggestion of overseeding the sports fields was unanimously declined by all youth groups at the meeting. It was the opinion of the turf managers at the meeting that, with proper regular maintenance, the sports fields would not need to be overseeded. The following are the Community Services Commission's recommendations regarding the Facility Use Policies. Attachment 1 provides the existing Facility Use Policies, which includes Senior Center rental and park parties. For ease of use, the Senior Center and Library facilities have been combined into one packet of information and park parties have been combined into a separate packet. Attachment 2 is a redline version with the proposed changes to the policies for the Senior Center and Library. Minor language clarifications will be described following the recommendations. Phase II of the Library With the additional rooms of Phase II of the Library being available for public use, the Facility Use Policies are needed for the Phase 11 section of the Library. The fees proposed for the multi -purpose room at the Library are consistent with the fees charged for the multi -purpose room at the Senior Center. The fees for the community room at the library are proposed at $5 less per hour than the multi- purpose room. The proposed rental rates for the Library multi -purpose room would be as follows: $55 per hour for youth recreation leagues (Class 1); $75 per hour for La Quinta non-profit organizations and community based organizations (Class II); $90 per hour for La Quinta residents and DSUSD (Class III), and $100 per hour for non -La Quinta residents and La Quinta businesses (Class IV). 02 Community Services Commission Recommendation: Approve rental fees for the Library multi -purpose and community rooms. Facility Deposits The proposed deposits for both the Senior Center and the Library are being raised from $300 to $400. The deposit covers damage done to the facility and additional cleaning if needed after the event. The applicant receives the complete deposit back after the event if the facility is left clean and undamaged. Community Services Commission Recommendation: Approve increasing the deposit amount to $400 for the Senior Center and Library rooms. There have been several requests by rental groups at the Senior Center for use of the announcing system. The recommendation is to establish a flat fee per category for the use of the Senior Center announcing system: Community Services Commission Recommendation: Establish a flat fee for the use of the Senior Center announcing system as follows: $20 (Class 1); $25 (Class 11); $30 (Class 111) and $35 (Class IV). The minor clarifications to wording in the Facility Use Policies for the Senior Center and Library are as follows: Part 1. Section A: Changing "working" days to "calendar" days in reference to submitting an application. This is consistent with the rest of the policy and allows additional time for the public to submit an application for rental of the facilities. Section H: Clarifies that fees will be charged for all the hours the facility is used. This has been in effect since the inception of the Facility Use Policies, but was not clearly stated. Section N: Clarifies the consequences of not adhering to the maximum occupancy of the facility. Section 0: Clarifies the increase of fees for rentals on holidays and holiday weekends. Section P: Clarifies the need for the City to have a current mailing address in order to return the deposit fees. �t s C!n3 Part 2. Section A. Clarification that the City does not provide a sound system, nor electricity sufficient to accommodate the same, for rental groups. Section B. Clarification that removal of equipment from the Senior Center or Library is not allowed. Section C. Clarification of supplies provided by the City for rental groups. Section D: Clarification of the pre-existing condition of the facility and that additional cleaning is available at the expense of the renting party. Section E: Clarification that the City does not provide electrical power of sufficient amperage to accommodate the use of additional electrical equipment.. Part 5. Clarification as to when an applicant can expect return of their deposit. The request is submitted to Finance within five working days after the event; however, due to processing time, the check is not available until three to four weeks after the event. Section A. Clarification that rental fees will be deducted if the event does not end at the time stated on the original application. Section D: Clarification of consequences should there be damage to the facility. Part 7. Clarification of cancellation policies within 15-30 calendar days of the event in which 50% of the deposit will be retained by the City instead of 50% of the rental fees. The wording change is consistent with the cancellation policy within 15 days of the event. This concludes the changes to the Facility Use Policies for the Senior Center and Library. Attachment 3 provides a redline version of the Facility Use Policies for Park Parties. Park Rental Fees 4." 1W 0OD4 The use of Fritz Burns Park and the La Quinta Park for private parties with inflatable amenities has been constant since the policy was enacted. The fee was established at $50 per 4-hour period with a $50 refundable deposit. The park rental requests are equally divided between La Quinta residents and non -La Quinta residents. The Facility Use Policies are divided into four segments: Youth non-profit recreational organizations (Class 1), La Quinta non-profit organizations and community groups (Class 11), La Quinta residents and DSUSD (Class III) and La Quinta businesses and non-residents (Class IV). The park rental rates are currently the same for all categories. The recommendation is to increase the park rental rate for Class IV (La Quinta businesses and non-residents) from $50 to $60. Community Services Commission Recommendation: Approve increasing the La Quinta businesses and non -La Quinta resident rate for park parties to $60 per 4- hour period. The minor clarifications in the Facility Use Policies for Park Parties are as follows: Part 1. Section A: As in the Senior Center and Library Facility Use, changing the word "working" to "calendar" in reference to days. Section B: Clarifying those community special events for more than 50 people being held at a public park must also apply for a Temporary Use Permit. Section H: Clarifies that fees will be charged for all the hours the facility is used. This has been in effect since the inception of the Facility Use Policies, but was not clearly stated. Section N: Clarification of the pre-existing condition of the facility and that additional cleaning is available at the expense of the renting party. Part 2: All sections are merely clarification of existing policies. Part 5. Clarification as to when an applicant can expect return of their deposit. The request is submitted within five working days after the event; however, due to the processing time, the check is not available until three to four weeks after the event. Section A. Clarification that rental fees will be deducted if the event does not end at the time stated on the original application. Sections C and D: Clarification of consequences should there be damage to the facility. Part 7. Clarification of cancellation policies within 15-30 calendar days of the event in which 50% of the deposit will be retained by the City instead of 50% of the rental fees. The wording change is consistent with the cancellation policy within 15 days of the event. Part 15. Section E: Clarification that alcohol is not allowed at City parks without prior City Council approval. Section F: Clarification of consequences should the alcohol policy be violated. This concludes the recommendations and clarifications to the Facility Use Policies for Park Parties. Attachment 4 provides the current Community Use of Athletic Fields Agreement while Attachment 5 provides a redline version of the same document. Use of Sports Fields The use of the sports fields at the La Quinta Park and Sports Complex has increased due to the use of both facilities by competitive sports teams (travel teams) and tournaments sponsored by the recreational leagues. The youth recreational organizations (leagues), such as American Youth Soccer Organization (AYSO) and La Quinta Sports and Youth Association (LQSYA), use the fields at no cost to the organizations. In addition, the City of La Quinta provides the janitorial service for the snack bars, the large equipment in the snack bars and the paper products and trash bags for the leagues at no charge to the organizations. The City also covers the cost of field maintenance and sports field lights. The estimated cost of all services to the City for one year is $95,000 per location. The leagues use the snack bars provided by the City to raise funds to offset the cost of operating the leagues. In addition to the operation of the snack bars, the leagues host tournaments in which teams from outside the City participate, usually for two days. This use increases the City's cost of utilities and lights. The leagues use tournaments to raise funds for the league. The definition of a recreational youth league is one in which there is no pre - qualifying for teams. Every child that is interested in playing the sport is given an 10 4 opportunity to play, regardless of skill or ability. Both AYSO and LQSYA provide recreational sports to over 1,000 children per season. A competitive team (travel team) is limited to players that have pre -qualified based on skills and ability, with a limited number of players (usually no more than 15) on the team. Currently, both recreational leagues and travel teams have been using the City's sports fields at no charge to the youth groups. The recreational leagues charge their players approximately $65 per season to play in the league, and the league raises funds throughout the year to offset the cost of operating the league. Travel teams typically charge their players $100 per month to play to offset the cost of operating the team. In researching common practice, the Coachella Valley Recreation and Park District charges travel teams for the use of their fields since the travel teams are a specialized team that excludes the general public from participating. Charging travel teams for the use of the fields and field lights is common throughout Southern California. The recommended fees are contained in the current Facility Use Policies. Staff is not recommending raising the fees. The recommended change would be to reclassify the travel teams as Class II instead of Class I on the Fee Schedule. Community Services Commission Recommendation: Classify travel teams as Class II and charge $ 5 per hour for soccer field or baseball diamond and $15 per hour for field lights. As described earlier, the youth leagues host tournaments as fundraisers for their organizations. Often times the league charges an entry fee to other teams to participate in the tournament. In the past, the City has incurred cost when a league has hosted a tournament in the way of increased utilities and wear and tear on the facilities. The common practice among other cities and agencies is to have leagues hosting tournaments pay for the use of the facilities for the tournament. The recommendation is to classify tournaments as Class IV, in which the charges would be $25 per hour per baseball diamond or $30 per hour per soccer field and $25 per hour per field for field lights. During tournaments, the league operates the snack bar in which they are able to raise funds to offset the cost of the field use. The Community Services Commission discussed this issue with the youth leagues and is making the following recommendation: Tournaments in which an entry -fee �. t✓' J 007 is charged to competing teams will be subject to field use charges. All Star teams playing in a "world series" type event will not be charged field use. The minor clarification in the Community Use of Athletic Fields is as follows: Section 2 clarifies the definition of a recreation league and travel teams. Section 4 clarifies the documentation needed by the City prior to field use approval. Section 5 clarifies the field use cancellation policy. Section 6 clarifies the inclement weather schedule. Section 8 clarifies that the leagues are not allowed to alter the locks on the facilities or any other equipment at the facility. There is also clarification language that the leagues operating the snack bar are not allowed to sub -contract with other organizations to operate the snack bar. As stated earlier in the report, youth sports leagues were present at the Community Services Commission meeting in which these items were discussed. FINDINGS AND ALTERNATIVES: 1. Approve the Community Services Commission's recommendations for Facility Use Policies as revised; or 2. Do not approve the Community Services Commission's recommendations for Facility Use Policies as revised; or 3. Provide staff with alternative direction. Ily submitted, odie l�l- orvitz,'CYbm�iunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Current Facility Use Policies 2. Redline Version of Proposed Facility Use Policies for the Senior Center and Library 3. Redline Version of Proposed Facility Use Policies for Park Parties 4. Current Community Use of Athletic Fields Agreement 5. Redline Version of Proposed Community Use of Athletic Fields Agreement n I U 7 - - 009 ATTACHMENT 1 T-vf 4 4 QdArcv Facility Use Policies A. APPLICATION FOR FACILITY USE 1 . The Facility Use Application shall be made in writing on the form provided by the City of La Quinta and all applicable fees paid at least fifteen (15) working days prior to use. All fees and"deposits are considered due at the time the application is submitted. Cancellation of reservations will result in a loss of 50% of rental fee is the City is notified between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in loss of 100% of deposit fees. Reservations will be confirmed upon payment of all fees and deposits and copy of signed Facility Use Application. 2. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department, except events using the Senior Center only. 3. Applications will not be accepted more than twelve (12) months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Director or designee. 5. Approved use is non -transferable. The person signing the Facility Use Permit is responsible for the conduct of all participants and fully responsible for any damage caused by use. 7. The person signing the Facility Use Permit must be 21 or older. 8. Reserved times must include set up and clean up time. 9. All laws and City ordinances must be followed. 10. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. Clio 1 1. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. 12. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 13. No animals except those used for disability assistance allowed in any City facility. 14. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, with a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with the group at all times. B. PRIVATE PARTIES The following will apply for use of City facilities for private parties and private parties with inflatable amenities: 1. Private parties may rent facilities in four hour increments. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the La Quinta Park. 3. Rental of inflatable amenities is limited to companies on the approved list by the City of La Quinta. 4. All walkways and areas not specifically designated by the City of La Quinta as being included in the reserved areas will be open and available to the general public. 5. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, rental may be limited to restroom use only. C. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permits - 9 (current or prior permit). 2. Applicant's violation of the City's rules and regulations relating - oil to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. D. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. The City of La Quinta has first priority to facilities, second priority is given to La Quinta residents. All other requests will follow in priority of use per the Fee Schedule. E. DEPOSITS Deposits -are due with the Facility Use Application. Deposits will be refunded within five (5) working days after the event, except under the following conditions: 1 . Upon arrival, renter will complete a walk-through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through the facility with renter and document any damage or uncleanliness. The security deposit will be released upon written report by staff to City administration. 2. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 3. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Damage caused by this action will be deducted from the deposit. F. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from 110 any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be C►12 liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. Insured's name must be the same as the renting party on the Facility Use Application. Event insurance can be purchased through the City of La Quinta in lieu of individual insurance statements. Fees for insurance must be paid at the time of Application submittal. Insurance fees vary, depending on the event purpose, length of rental, event attendance and food and alcohol issues. G. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. This includes cigarette debris from outside the facility. 1. Mop up any liquid spilled on floor. 2. Leave kitchen or concession stand and all equipment in a clean, sanitary and proper working condition. 3. Remove any decorations (deposit in proper trash receptacle or remove from premises). 4. All groups are responsible for setting -up and taking -down chairs and tables, and clean up of facility and the immediate area. 5. Equipment from City facilities is not allowed to be taken outdoors. H. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless - specified on the Facility Use permit. 0' 13 Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. I. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. Use of the Senior Center is limited to 1 1:00 p.m. J. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1 . Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California) if alcohol is to be sold on the premises. 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 5. Events with alcohol must pay for the mandatory cleaning service after the event. This does not relieve the renter of leaving the facility clean so that the cleaning service may clean the floors. K. DECORATIONS The following requirements shall be met: 1. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 2. Glitter, birdseed, rice or other like items are not allowed. 3. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. 4. No open flame, barbecues or other cooking devices will be permitted in the facilities unless otherwise provided by the City. 014 L. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with. Chapter 9.60.170 of the La Quinta Municipal Code. M. SMOKING Smoking is not permitted in any City building. N. ALCOHOL AND/OR LIVE ENTERTAINMENT 1. Security guard service is required for events with live entertainment and/or alcohol being served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two (2) guards are required. 2. Teen parties are required to have (2) guards for groups of 100 or less, and four (4) guards for groups of 101 or more. 3. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. 4. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit will be forfeited. 5. Alcohol is limited to beer, wine and champagne only. 6. Parties refusing to adhere to the alcohol policy will be shut down after one (1) verbal warning. 7. Parties serving alcohol must pay to have the facility professionally cleaned after the event. Fees will be paid at the time of application. 13 045 ATTACHMENT 2 FACILITY USE POLICIES LSenior Center. Library Facilityi 1. APPLICATION FOR FACILITY USE A. The Facility Use Application shall be submitted at least thirty (30) ,calendar days prior to use. Deleted working B. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department, except events using the Senior Center only. C. Applications will not be accepted more than twelve (12) months in advance of use, except for contiguous multi -day rentals. D. All Facility Use Applications are subject to approval by the Community Services Director. E. Reservations will be confirmed upon payment of all fees and copy of signed Facility Use Application. F. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and is fully responsible for any damage caused by use. G. The person signing the Facility Use Permit must be 21 or older. H. Reserved times must include set up and clean up time. All applicable fees will be charged for all facility usacle time. I. All laws and City ordinances must be followed. J. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. K. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. L. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 14 016 M. No animals except those used for disability assistance allowed in any City facility. N. I he maximurn capacity of the Senior Center is 200 people, maximum capacity of the Library multi -purpose roam is 40 and the capacity of the Library community room is 86. Total attendance must be provided on the Facility Use Permit, Exceedin maximum capacity any facility will result in a warning by City staff. Failure to adhere to the maximum\ capacity of the facilit will result in closing down the event and loss of all deposits and fees. 0. Fees will be doubled for reservations scheduled on holidays and holidav weekends. P. In order to receive deposit fee reftincl the Community Services Department rr#ust Have a current mailing address. 2. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, may be limited to restroom use only. A Sound systert� <rrld electricity will not be provided. B. Chairs and tables must be provided by the rental party; equipment -- may not be removed from the Senior Center. C. Chairs and tables for maximum capacity of each room; trash cans and liners' paper supplies for the restrooms, Renter is responsible for all other supplies and equipment. D. Pre-existing condition of the facilit is as presented. Requests such as window washing or power washing of exterior may be made available at the expense of the rental party. E. Pianos, podiurn and ov...... _.___ __ — ___. _ use A public address system is available for a minimal fee. F. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, on a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with group at all times. 3. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: w 1...... c _<._....... t.rEtEriity Se icea <�cilii Re` #a! it fr',f'olicTi si3:s3 iEity iJse_('c:lic_icy SC i.i' r_Ly Ci6-21. ;?i. ? c Deleted: SACommunity Services\Facility Rental Info\Policies\NEW Facility Use j Policies 08-19-03.doc 017 A. Applicant's violation of the conditions of Facility Use permits (current or prior permit). B. Applicant's violation of the City's rules and regulations relating to the use of facilities. . C. Failure to cooperate with City staff. D. Previous incidents where Facility Use resulted in damage to City property. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. 4. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 5. SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within 3-4 weeks after the event, except Deleted five (5) working days .. ........ under the following conditions: A. Upon arrival, renter will complete a walk through with staff. Any damage or uncleanliness must brought to staff's attention at this time. At the conclusion of the event, staff will walk through facility with renter and document any damage or uncleanliness; time of departure .... _ _.....__.- .......................... will also be noted and deducted from the deposit if it exceeds __._...__._....__.._._.. ........... _..__....�......... .____. permitted time along with staff costs Security deposits will be released upon written report by staff to City administration. B. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. C. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. _.... I Deleted: s:\community 1 Services\Facility Rental D. Vehicles are not allowed to be driven on areas that arenot specifically 1 Info\Policies\NEW Facility Use Policies 08-19-03.doc 4.,C;rant_rriun�iy,_Sc�u�rt�s��-rtcili€ 12crif�llt.IfE_�;(acilic.resi��acifitt_iJ�e.f�C(3tt�5_`�s-Liht'ar�06-2T1-__T_UrJ designated for vehicular traffic. Cost of repair to surfaces will be deducted from deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 6. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. All groups and private parties using a City facility must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is not less than $500,000 general liability insurance coverage per occurrence. Insured's name must be the same as the renting party on Facility Use Policy. 7. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in loss of 50% ofdiepost„fee if the Deleted renta City is notified less between 1 5-30 calendar days of reservation. iD.eleted I ..... ......... Cancellation of reservations less than 15 calendar days of reservation will result in lost of 100% of deposit fee. 8. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: A. Deposit all all trash, including bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. c C,rxnrnE.lr ii_y Se vices\Yacility i2�n#al ]nfe`•,r?::3iic iesi a ,i€. fiv Use F'c:ii1__ SC-t,ik r L (Emm2^:__QS,dac Deleted: SACommunity Services\Facility Rental Info\Policies\NEW Facility Use Policies 08-19-03.doc 17 C►19 B. Mop up any liquid spilled on floor. C. Leave kitchen or concession stand and all equipment in a clean, sanitary condition and in proper working order. D. All groups are responsible for setting -up and taking -down chairs and tables, and for clean up of facility and the immediate area unless optional set-up and cleaning fee is paid. E. Equipment from City facilities may not be taken outdoors. 9. FOOD AND BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. 10. ENDING TIME OF ALL EVENTS ,Use of the Senior Center and Library facility is limited to 1 :00 a.m. 11. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. A. Dance permit or business license (granted by the City of La Quinta Business License Division). B. Police clearance (granted by the Riverside County Sheriff's Department). C. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California). D. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 12. DECORATIONS A. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. B. Health and Safety codes pertaining to the flame proofing of all decorations must be followed. P-- .1111 Ser'v�ces� acilit = Rentai Irtfr�'•,F':�iici si aciit`�. tJse._P��I{�ie5._SG-t�i!xr3rY.{i6_2 -S.cUc - 'i Deleted: All events held in Parks and Recreation facilities must be completed byl 10:00 p.m. Ballfield lights are not available after 10:00 p.m.1 9 .111.1.1....................._.__...............................................--_............._. , Deleted: S:\Community Services\Facility Rental Info\Policies\NEW Facility Use Policies 08-19-03.doc 118 ,_ 020 C. Glitter, birdseed, rice or other like items are not allowed. D. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. E. No open flame, barbecue or other cooking devices will be permitted In the facilities unless otherwise provided by the City. 13. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. 14. SMOKING Smoking is not permitted in any City building. 15. ALCOHOL AND/OR LIVE ENTERTAINMENT Security guard service is required for events where live entertainment and/or alcohol is served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two guards are required. Teen parties are required to have two (2) guards for 100 people or less, and (4) guards for 101 people or more. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit may be forfeited. Only events that have been granted a permit from the Alcoholic Beverage Control will be allowed to serve alcohol. Alcohol is limited to beer, wine and champagne only. Parties refusing to adhere to the alcohol polices will be shut down after one (1) verbal warning. Parties serving alcohol must pay to have the City's custodial service clean the facility after the event. I S:�.Cr�I,rlrrkEanity Services��=aeili� F2eital Irate`•.f?cric:it:si�=y3ci€ifiU Use Pt_1ic:ies SC:I_il�r<�ry_i>E3___mm2^:-05,cioC Deleted S \Community Services\Facility Rental Info\Policies\NEW Facility Use Policies 08-19-03.doc 119 Ci 21 FACILITY USE FEE SCHEDULE ISenior Centerand Library Facilities) CLASSIFICATION opGROUPS Clooa|: LaOui,uayouth (1aand unuor)' su1(«)urecreation organizations ClasoU: LaOui,unon-profit organizations, oommunityrbaaodo,ganizudvnx competitive youth sports leagues <5_01_LCl�8, Desert Sands Unified School District (Sports Complex Use Only) Class III: Luuumta residents and oauao (for all other facilities) Class IV: LoOuintabusiness and profit organizations, non -city residents, organizations and businesses, and all youth sports leagues tournaments CLASS I CLASS 11 CLASS III CLASS IV ITEM Civic Center Campus, $50 per hour $75 per hour $100 per hour $150 per hour Amphitheater, Gazebo, Cove Oasis Trailhead Senior Center/Library $55 per hour $75 per hour $90 per hour $ 100 per hour Multipurpose Room Senior Center Kitchen $10 per hour $20 per hour $25 per hour $30 per hour Library Community Room $50 per hour $70 per hour $86 per hour $95 per hour Senior Center Restroorn Use Only $20 per hour $25 per hour $30 per hour $30 per hour Senior Center/Library serving alcohol) Security per hour per hour per hour per hour (rental events vary) Optional Cleaning Fee Set Up (Optional) (rental events vary) per event per event per event er even Announcing System $20 flat $25 flat $30 flat U6 flat Senior Center Only Deposits (refundable upon post conditions u+use) Deposit Item Class I Class 11 Class III Class IV Amphitheater, Gazebo, Cove Oasis Trailhead ServicesTacility Rental lnfo\Policies\NEW Facility Use Policies 08-19-03.doc \_- �� ATTACHMENT 3 FACILITY USE POLICIES FOR PARK PARTIES (Civic Center Campus and Amphitheater, La Quinta Park, Fritz Burns Park, and Cove Oasis Trailhead) 1. APPLICATION FOR FACILITY USE A. The Facility Use Application shall be submitted at least thirty (30) alenciar days prior to use. Deleted working B. Community Special Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department.. Deleted , except events using the Senior Center only. C. Applications will not be accepted more than twelve (12) months in advance of use, except for contiguous multi -day rentals. D. All Facility Use Applications are subject to approval by the Community Services Director. E. Reservations will be confirmed upon payment of all fees and copy of signed Facility Use Application. F. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and is fully responsible for any damage caused by use. G. The person signing the Facility Use Permit must be 21 or older. H. Reserved times must include set up and clean up time. All applicable: fees will be charged for all facility usage time. I. All laws and City ordinances must be followed. J. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. K. Renters refusing to adhere to policies will be forced to leave the C>23 12i premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. L. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. M. No animals except those used for disability assistance allowed in any City facility. N. Pre-existing. condition of the facility is as presented. Requests such .._ ___ ____ __ ._....__ as window \washing or power washing of exterior may be, made available at the expense of the rental _party. 2. The following will apply f.or.._use_of_..._Cit.v.._facilities.__for_....private (dart... with inflatable amenities anchor events held in outdoor settings Use of ........ ....... ... ....... _ ..... .... ....... the Civic Center Amphitheater_ and/or Gazebo requires rental . _._ Quinta Senior Center for the same period, may be limited to restroom ._.__....-.._-__..... ....__..............-.....................___............._.._._ . use only. .................................... A. Private parties may rent facilities in four (4)......t.).9 ur increments. B. Facilities available for private parties with inflatable amenities are _...____.._____...._._._.........__......__.. ...._._.......... limited to Fritz Burns Park and the La Quinta Park_ C. Rental of inflatable amenities is limited to companies on the ................................................................................................................................................................................................................................................................................... approved list the City of La Quinta. Use of an unapproved company will result in the automatic loss of deposit. D. Covered pavilion areas are made available for rental only. All areas not specifically- d_111-esignated by the City of La Quinta as being _ __ included in the reserved areas will be open and available to the ....___ ___.__.._..__._........__._.___._.._..._._...__._..._._._._._ general public_. E. Sound system and electricity will not be provided. _F_........_Chairs and tables must be provided v the rental part�r, equ�ment may not be removed from the Senior Center. ......... G, All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, on a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with group at all times. W. s <ic lily Re tai_fr'c, oliciestF at ilikyi.,Use Pclicie`m::P_ark Pa rtie_s,-c-21.-i),;, icc Deleted: S:\Community Services\Facility Rental Info\Policies\NEW Facility Use Policies 08-19-03.doc 024 3. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: A. Applicant's violation of the conditions of Facility Use permits (current or prior permit). B. Applicant's violation of the City's rules and regulations relating to the use of facilities. C. Failure to cooperate with City staff. D. Previous incidents where Facility Use resulted in damage to City property. E. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. 1 4. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. The City of La Quinta has first priority for all uses. La Quinta residents have second priority. All others are to follow in the priority of use. 5. SECURITY/CLEAN-UP DEPOSIT The Security/Cleaning Deposit is due with the Facility Use Application. The deposit will be refunded within 3 4 weeks after the event, except Deleted five (5) working days under the following conditions: A. Upon arrival, renter will complete a walk through with staff. Any damage or uncleanliness must brought to staff's attention at this time. At the conclusion of the event, staff will walk through facility with renter and document any damage or uncleanliness; time of departure will also be noted and deducted from the deposit if it exceeds permitted tifr�e alc�r7q uGfith staff costs Security deposits will be released upon written report by staff to City administration. B. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit..........................._..._......................_-.........._.... balance of cost to City upon receipt of invoice. Deleted: chit Rental ! Services\Facility Rental r ....._. Info\Policies\NEW Facility Use Policies 08-19-03.doc 5..`.C, €r ¢ri iE ffy_Se3vices t3ci y_Rer iai.ir2iT(_':sii.:Ti <3cilitY_iJse_f't_icies-f ark_f?arties_G..21 :J Tdc c 3 123 025 C. If the facility is not left in a clean and orderly manner, the cost to clean the facility appropriately will be deducted from the Deposit. If cost of cleaning exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. D. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Cost of repair to surfaces will be deducted from deposit. If cost of dam_ac�es__exceeds_amount available from deposit, user shall rernit balance of cost to City Upon receipt of invoice. 6. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities involving an inflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. All groups and private parties using a City facility must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is not less than $500,000 general liability insurance coverage per occurrence. Insured's name must be the same as the renting party on Facility Use Policy. 7. PAYMENT OF FEES AND DEPOSITS All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in loss of 50% of d e posit fee if the City is notified less between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in lost of 100% of deposit fee. 8. USER CLEAN-UP RESPONSIBILITY w -- -- w:tC;e!r rr rFi!y,Se v_3ces; acilit_Reniai Itc',('':icirsi-<3;i€iC _Use F' lir:ie>;Park._f'arties 6 21_.5civc 4 Deleted: renta ............ . { Deleted: S:\Community Services\Facility Rental I Info\Policies\NEW Facility Use Policies 08-19-03.doc - 026 The rental user of the facility shall be responsible for the following clean up upon completion of rental use: A. Deposit all all trash, including bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. B. Mop up any liquid spilled on floor. C. Leave kitchen or concession stand and all equipment in a clean, sanitary condition and in proper working order. D. All groups are responsible for setting -up and taking -down chairs and tables, and for clean up of facility and the immediate area unless optional set-up and cleaning fee is paid. E. Equipment from City facilities may not be taken outdoors. 9. FOOD AND BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. 10. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 P.M. 11. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. A. Dance permit or business license (granted by the City of La Quinta Business License Division). Deleted: <11>Special daily beer or B. Police clearance (granted by the Riverside County Sheriff's liquor license (issued by the Alcoholic Beverage I Department) • Control Office in San Bernardino, f California).1 C Certificate or proof of insurance naming the City of La Quinta as- 1 additionally insured. Formatted: Bullets and Numbering Deleted: SACommunity Services\Facility Rental 12. DECORATIONS *--------- Info\Policies\NEW Facility Use Policies 08-19-03.doc S.tCort l _r,_r:.t_y_Sc:ry ass\ acili} f en#a` info'•.f Tx....rrs't �ri(rty Use E'{'tics-P� k, ('arts s u�-1i .....dcc CI 2'7 A. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. B. Health and Safety codes pertaining to the flame proofing of all decorations must be followed. C. Glitter, birdseed, rice or other like items are not allowed. D. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. E. No open flame, barbecue or other cooking devices will be permitted In the facilities unless otherwise provided by the City. 13. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. 14. SMOKING Smoking is not permitted in any City building. 15. ALCOHOL AND/OR LIVE ENTERTAINMENT A. Security guard service is required for events where live entertainmen is presented. For groups of 100 or less, one (1) guard Deleted and/or alcohol is served is required. For groups of 101 or more, two guards are required. B. Teen parties are required to have two (2) guards for 100 people or less, and (4) guards for 101 people or more. C. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. D. All permits must be presented to the Community Services ................... Department two weeks prior to the event, or deposit may be forfeited. E. Alcohol is not allowed at Citv! parks without prior City . Council a(�proval. „ F. Parties refusing to adhere to the alcohol polices will be shut down after one (1) verbal warning and will autornatica� lose deposit fees. T S.,C_r; IfflUniiy Sc_rvices :- icii y_Rerria_ir tr ('c> ic,RE_s'tif:aciiikv iJ e_ t E{c ies: {?a _F'a i .s vfT:1::.a oc Deleted: Only events that have been granted a permit from the Alcoholic Beverage Control will be allowed to serve alcohol. 1 Alcohol is limited to beer, wine and i champagne only. Deleted: S:\Community Services\Facility Rental Info\Policies\NEW Facility Use Policies 08-19-03.doc w +J 028 FACILITY USE FEE SCHEDULE (Civic Center Campus and Amphitheater, La Quinta Park, Fritz Burns Park and Cove Oasis Trailhead) CLASSIFICATION OF GROUPS Class 1• La Quinta youth (18 and under) 501(e) 3 rer;reation orctanizations Class ll: _La.Quinta non-profit oraanicat gns,...corrmunity-b�sed cxq n3catEc r s., om ettttve auilaws arts €e cue (501 { C i 3) Desert Sands Unif ed School District .. (Sports C o!jiplex Use_Only_3 Class Ill; La Quinta residents and DSt.1SD (for all other facilities) Class IV: La Qu€rlia business and tiro ifi arc anizalians, non -city residents. orclartizations and, businesses _.and all ut r sOd leaque tournan�tents ITEM CLASS I CLASS II - ._........ . CLASS Hi CLASS IV Civic Cove Center Campus, rnphitheater, Gazebo, Oasis Trailhead $50 Per hour $7 §jjer hour 1Oeror $150 per Dour S R nior Canter estroorn Use Only $20 per hour $25 per hour $30 per hour $30 per hour ........................................................................... (rental "Insurance Cove�ra e . events vary) $75 - $180 per event $75 - $180 --- per event $75 -. $180 ......................................................... per event $75 - $180 .................................................. per event Tennis Court (per urt) NIC $5 per hour $5 per hour $10 per hour c F P itz Burns or La Quinta $50 (4 horars) $50 (4 hours) $50 (4 hours) $60 (4 hours) rk __.Party?Ir�flatable tnenities * * Rental artier can use ersonal insurance ac encies for coverac e narnlnc the Citv of La Quinta as insured, (Section F) Facility Use Policies. DeRaosiIs (refiundable upon past conditions Of USe) D posit Item Class I Class II Class III Class IV C vic. __..._...Canter Carnpu_s;. $100 $100 $100 $100 A rphitre jtr Gazebo, ........ Cove Oasis Trailhead P rk Party Rentals $50 pe_r..._4_._hrs. _ _. $50 per._4.. hrs. _......... _._ _ $50 per 4 ____......._ $50 per 4 hrs.. .............. hrs. S:!Cotrkrrk ity Se vines; acili y R niai In .f iicic sir:<3. iEi--Use_----- �-...1rk,_i?------ ...... J3.cic c Deleted: S:\Community Services\Facility Rental 1 Info\Policies\NEW Facility Use Policies 08-19-03.doc 029 ATTACHMENT 4 Community Use of Athletic Fields Agreement (For the La Quinta Sports Complex and La Quinta Park) This agreement for use of the Athletic Fields (the Agreement) entered into by and between the City of La Quinta (the City) and a youth athletic league (League) shall be binding for one youth league season. The City will act as a liaison between the League and the Desert Sands Unified School District (District) for items specifically concerning the La Quinta Sports Complex. 1. All communication concerning the Athletic Fields shall be addressed to the Community Services Department of the City. 2. At the Sports Complex: The District shall have first priority of the facility The City shall have second priority. Leagues with seventy five percent City residency shall have third priority Leagues with majority City residency has have fourth priority All other Leagues shall have fifth priority At the La Quinta Park: The City shall have first priority Leagues with seventy five percent City residency shall have second priority Leagues with majority City residency has have third priority All other Leagues shall have fourth priority 3. Requests to modify the athletic fields must be presented to the City for approval by the District and/or City. All installations become the property of the District or City. All requests must be submitted with a Letter of Intent, construction drawings and specifications. The following procedure will be followed: The League will discuss proposed modifications with the Community Services Director. The City will submit complete packet of information provided by the League to the District or City Council for consideration. District or City Council and City will review the proposed project for function, maintainability, safety and aesthetics. For the Sports Complex, the District will notify the Principal and the City as to approval or disapproval of the project. If the project is approved by the District and City, written approval from the District will be provided to the League by the City. :ar. 1 _' g . +� 030 Upon completion of the project, the District and/or City must provide written approval before the project can be accepted. The completed project becomes the property of the District or City after acceptance by the Board of Education or City Council. Responsibility for the ongoing maintenance of the facility will be determined prior to acceptance. 4. Under this agreement, the League agrees to be responsible for the following: The League will complete a Facility Use Permit requesting the use of the fields and pay all appropriate fees and deposits. Use may not begin until the Facility Use Permit has been approved. The facilities are available after 4:30 p.m. on school days and 8:00 a.m. on weekends. All League business, contracts, complaints, contacts, etc, dealing with the facility or use of facility shall be channeled through the League President to the City The League will provide copies of the team rosters including names and addresses of participants along with schedule of play, prior to opening of League play No permanent advertising signs shall appear on District or City property unless processed through the modification of athletic field process Vehicles are not allowed on the athletic fields. All vehicles must park in designated parking areas The League is responsible for cleaning trash and debris from the snack bar and fields at the end of each day. Trash shall be deposited in the dumpster provided. The City will be responsible for the general cleaning of the facility. This includes cleaning and stocking the restrooms with paper goods, supplying trash bags and floor care. The League is responsible for cleaning of the snack bar counters, equipment and sinks, trash removal from the restrooms and snack bar and supervision of the snack bar and restrooms during use. The City is responsible for general field maintenance. This includes mowing, fertilizing, aeration, herbicide application, pest control, irrigation inspection, tree/shrub maintenance and maintenance of the field lighting. . I The League is responsible for certain field maintenance which includes dragging the infields, trash removal from all fields, lining fields with non- 031 permanent paint and filling any holes that present a safety hazard at the facility. The League is required to report any safety concerns to the City. The City will provide the League with keys to the restrooms (Sports Complex only), snack bar and storage area. Failure to return keys will result in the League being charged for the cost of re -keying the facility. The City and District are not responsible for services or supplies used by the League. The League will be responsible for annual maintenance of League improvements approved through the field modification process. This includes acts of vandalism. Leagues may not allow other organizations, groups or individuals to use the facility without the approval of the City. No alcoholic beverages are allowed on District or City property. The League will lose their rights to use the facility if the League fails to enforce this policy (Business and Professions Code, Section 25608)• Smoking .is not allowed on District property. The League is responsible for enforcing this policy (DSUSD Board Policy 3513.3). The League shall provide supervision of the restrooms during League use. Permanent outfield fencing or soccer goals may not be installed on District or City property. The League agrees to procure and maintain liability insurance with an insurance carrier with a Best's rating of no less than A:VII, satisfactory -to the City and District, to protect against loss from liability imposed by the law for damages or act or bodily injury including death resulting there from . suffered, or alleged to be suffered by any person or persons whatsoever, resulting directly or indirectly on any account or activities of the League, or under League's. control or direction, and also to protect against the loss from liability imposed by law, or damages to any property of any person caused directly by or from activity or activities of League, or any person acting for League, or under League's control or direction. The League shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Prior to conducting any activity under this agreement, the League shall file proof of insurance with the City. The certificate. an4 3 0 endorsements are to be signed by a person authorized by that -insurer to bind coverage on its behalf. The City reserves the right to require 032 complete, certified copies of all required insurance policies, at anytime. Insurance policies shall name Desert Sands Unified School District and the City of La Quinta as additionally insured. This policy shall have a non -cancellation without thirty days written notice to the City clause, and shall provide that copies of all cancellation notices shall be sent to the Community Services Director of the City. The League agrees to indemnify and hold harmless the City, District, their agents, officers, and employees for any claims, liabilities, penalties, fines, or damages to the goods, property or effects of the League or any of the League's representatives, agents, employees, guests, licensees, invitees, patrons or clients or any other person whatsoever, and for the personal injuries to them or any of them from defect on any part of the premises, or from any other cause or reason whatsoever arising out of or relating to the League's use of the La Quinta Sports Complex. The League further agrees to indemnify and hold harmless the City, District, and its authorized agents, officers and employees against all liability losses, indemnities of any nature whatsoever, including without exceptions, court costs and attorney's fees which the City and District shall or may at any time sustain or be put to by reason of any liability for which the League is responsible in connection with its operation within the facility and/or under this Agreement. The League shall comply with any and all federal, state and local laws including any requirements to screen employees and volunteers for sex offenders prior to working with children. The' League will be obligated to concur with all decisions reached by the League representative in regards to this Agreement. The League representative further agrees that he/she has read and understands this Agreement and pledges himself/herself and other officers of the League to uphold this Agreement. This Agreement can be revoked by the City upon thirty ('30) day written notice to the League. Approved: CITY OF LA QUINTA LEAGUE DATE: LEAGUE PRESIDENT ORGANIZATION'S NAME 1� 1�t ORGANIZATION'S ADDRESS C, 3.3 COPY PROVIDED TO DISTRICT: DATE: AVA STAFF NAME CITY ZIP DATE: HOME PHONE WORK PHONE 10 ef ATTACHMENT 5 Community Use of Athletic Fields Agreement (For the La Quinta Sports Complex and La Quinta Park) This agreement for use of the Athletic Fields (the Agreement) entered into by and between the City of La Quinta (the City) and an athletic League (or Team) (League (or Team)) shall be binding for one League (or Team) season. The City will act as a liaison between the League (or Team) and the Desert Sands Unified School District (District) for items specifically concerning the La Quinta Sports Complex. 1. All communication concerning the Athletic Fields shall be addressed to the Community Services Department of the City. 2. At the Sports Complex: The District shall have first priority of the facility At the La Quinta Park: 0 1 43 7. Requests to modify the athletic fields must be presented to the City for approval by the District and/or City. All installations become the property of the District or City. All requests must be submitted with a Letter of Intent, construction drawings and specifications. The following procedure will be followed: The League (or Team) will discuss proposed modifications with the Community Services Director. The City will submit complete packet of information provided by the League (or Team) to the District or City Council for consideration. Z t✓ C13u District or City Council and City will review the proposed project for function, maintainability, safety and aesthetics. For the Sports Complex, the District will notify the Principal and the City as to approval or disapproval of the project. If the project is approved by the District and City, written approval from the District will be provided to the League (or Team) by the City. Upon completion of the project, the District and/or City must provide written approval before the project can be accepted. The completed project becomes the property of the District or City after acceptance by the Board of Education or City Council. Responsibility for the ongoing maintenance of the facility will be determined prior to acceptance. 8. Under this agreement, the League (or Team) agrees to be responsible for the following: The League (or Team) will complete a Facility Use Application requesting the use of the fields and pay all appropriate fees and deposits. Use may not begin until the Facility Use Permit has been approved. The facilities are available after 4:30 p.m. on school days and 8:00 a.m. on weekends. All events must be completed by 10.00 p.m. Ballfield All League (or Team) business, contracts, complaints, contacts, etc, dealing with the facility or use of facility shall be channeled through the League (or Team) President to the City. The League (or Team) will provide copies of the team rosters including names and addresses of participants along with schedule of play, prior to opening of League (or Team) play. No permanent advertising signs shall appear on District or City property unless processed through the modification of athletic field process. .J u 0 3'7 The League (or Team) contracted for usage of the snack bar is responsible for cleaning trash and debris from the snack bar and fields at the end of each day. Trash shall be deposited in the dumpster provided. The City will be responsible for the general cleaning of the facility. This includes cleaning and stocking the restrooms with paper goods, supplying trash bags and floor care. The League (or Team) is responsible for cleaning of the snack bar counters, equipment and sinks, trash removal from the restrooms and snack bar, and supervision of the snack bar and restrooms during use. The City is responsible for general field maintenance. This includes mowing, fertilizing, aeration, herbicide application, pest control, irrigation inspection, tree/shrub maintenance and maintenance of the field lighting. The League (or Team) is responsible for certain field maintenance which includes dragging the infields, trash removal from all fields, lining fields with non -permanent paint and filling any holes that present a safety hazard at the facility. Burning lines at, any City- -field is -strictly not permitted.; The League (or Team) is required to report any safety concerns to the City. 0 C,38 The City will provide the League (or Team) with keys to the restrooms (Sports Complex only), snack bar and storage area. Failure to return keys will result in the League (or Team) being charged for the cost of re -keying the facility. The City and District are not responsible for services or supplies used by the League (or Team). The League (or Team) will be responsible for annual maintenance of League (or Team) improvements approved through the field modification process. This includes acts of vandalism. League (or Team)s may not allow other organizations, groups or individuals to use any facility without the approval of the City. No alcoholic beverages are allowed on District or City property. The League (or Team) will lose their rights to use the facility if the League (or Team) fails to enforce this policy (Business and Professions Code, Section 25608). Smoking is not allowed on District property. The League (or Team) is responsible for enforcing this policy (DSUSD Board Policy 3513.3). The League (or Team) shall provide supervision of the restrooms during League (or Team) use. Permanent outfield fencing or soccer goals may not be installed on District or City property. The League (or Team) agrees to procure and maintain liability insurance with an insurance carrier with a Best's rating of no less than A:VII, satisfactory to the City and District, to protect against loss from liability. imposed by the law for damages or act or bodily injury including death 0 resulting there from suffered, or alleged to be suffered by any person or persons whatsoever, resulting directly or indirectly on any account or activities of the League (or Team), or under League (or Team)'s control or direction, and also to protect against the loss from liability imposed by law, or damages to any property of any person caused directly by or from activity or activities of League (or Team), or any person acting for League (or Team), or under League (or Team)'s control or direction. The League (or Team) shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Prior to conducting any activity under this agreement, the League (or Team) shall file proof of insurance with the City. The certificate and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Insurance policies shall name Desert Sands Unified School District and the City of La Quinta as additionally insured. This policy shall have a non -cancellation without thirty days written notice to the City clause, and shall provide that copies of all cancellation notices shall be sent to the Community Services Director of the City. The League (or Team) agrees to indemnify and hold harmless the City, District, their agents, officers, and employees for any claims, liabilities, penalties, fines, or damages to the goods, property or effects of the League (or Team) or any of the League (or Team)'s representatives, agents, employees, guests, licensees, invitees, patrons or clients or any other person whatsoever, and for the personal injuries to them or any of them from defect on any part of the premises, or from any other cause or reason whatsoever arising out of or relating to the League (or Team)'s use of the La Quinta Sports Complex. The League (or Team) further agrees to indemnify and hold harmless the City, District, and its authorized agents, officers and employees against all liability losses, indemnities of any nature whatsoever, including without exceptions, court costs and attorney's fees which the City and District shall or may at any time sustain or be put to by reason of any liability for which the League (or Team) is responsible in connection with its operation within the facility and/or under this Agreement. The League (or Team) shall comply with any and all federal, state and local laws including any requirements to screen employees and volunteers for sex offenders prior to working with children. The League (or Team) will be obligated to concur with all decisions reached by the League (or Team) representative in regards to this Agreement. The League (or Team) representative further agrees that he/she has read and understands this Agreement and pledges { himself/herself and other officers of the League (or Team) to uphold this r. 4 0 Agreement. This Agreement can be revoked by the City upon thirty (30) day written notice to the League (or Team). Approved: CITY OF LA QUINTA LEAGUE (OR TEAM) go DATE: COPY PROVIDED TO DISTRICT: DATE: 9W STAFF NAME DATE: LEAGUE (OR TEAM) PRESIDENT ORGANIZATION'S NAME ORGANIZATION'S ADDRESS CITY ZIP HOME PHONE WORK PHONE tJ Al l FACILITY USE FEE SCHEDULE (La Quinta Sports Complex and La Quinta Park) CLASSIFICATION OF GROUPS Class I: La Quinta youth (18 and under), 501(c) 3 recreation organizations Class II: La Quinta non-profit organizations, community -based organizations, comp titiue youth sports leagues (501 ( C) 3), Desert Sands Unified School District - (Sports Complex Use Only) Class III: La Quinta residents and DSUSD (for all other facilities) Class IV: La Quinta business and profit organizations, non -city residents, organizations and businesses, and all youth sports leagues tournaments ITEM CLASS I CLASS II CLASS III CLASS IV *Baseball Diamond N/C $5 per hour $15 per hour $25 per hour *Soccer Field N/C $5 per hour $20 per hour $30 per hour Snack Bar Use $200 (season) $10 per hour $15 per hour $20 per hour *Field Lights N/C $15 per hour $20 per hour $25 per hour Diamond Preparation $24 per hour $24 per hour $30 per hour $30 per hour Bases $10 per day $10 per day $20 per day $40 per day *Per field Deposits (refundable upon post conditions of use) Deposit Item Class I Class II Class III Class IV Sports Field Deposit $500 $500 $500 $500 Snack Bar Deposit $350 $350 $500 $500 Restroom Keys $100 $100 $100 $100 Base Use Deposit $150 $150 $150 $150 140 WE Tiht 4 4vQ�w COUNCIL/RDA MEETING DATE: June 21, 2005 ITEM TITLE: Approval to Award a Contract to Construct the Washington Street Median Improvements, Project No. 2003-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract in the amount of $1,416,834 to Dateland Construction Company Inc. to construct the Washington Street Median Improvements, Project No. 2003- 09; and approve an appropriation for an additional $325,782 from the Transportation Development Impact Fees (DIF). FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Washington Street Medians Infrastructure Funds: Washington Street Medians Transportation DIF: Washington/Sagebrush Traffic Signal Transportation: Total Funding Available: Less Prior Funding: Total Funding Remaining: $374,008 $1,040,160 $174,010 $1, 588,178 ($130,126) $1,458,052 Based on the lowest responsive bid in the amount of $1,416,834, the following represents the anticipated project costs through the end of construction: Construction: Design (through completion): Inspection/Testing/Survey: Administration: Professional: Contingency: Total: $1,416,834 $10, 000 $1 10,000 $70,000 $15,000 $162,000 $1,783,834 A funding shortfall exists between the amount available ($1,458,052) and the amount needed ($1,783,834) in the amount of $325,782. Adequate funding is available from unassigned Transportation DIF revenues to support staff's recommendation. On June 7, 2005, City Council adopted a Resolution implementing the updated DIF study dated May 2005. The updated DIF addressed the estimated costs for all DIF eligible facilities, including the proposed improvements on Washington Street, between Avenue 48 and Avenue 50. As such, additional funding will be collected for the proposed improvements over time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Washington Street Median Improvements and the New Traffic Signal at Sagebrush, Project No. 2003-09, are included within the Fiscal Year 2003-2004 Capital Improvement Plan approved by City Council on May 20, 2003. The proposed improvements will be installed on Washington Street between Avenue 48 and Avenue 50. Improvements include installing a raised curb median with landscaping and irrigation, median lighting, and a new traffic signal at the Sagebrush intersection. The landscape palette is consistent with the City Council approved "desertscape" theme for primary image corridors. On April 5, 2005, City Council approved the PS&E and authorized staff to advertise for bid the Washington Street Median Improvements, Project No. 2003-09. On May 4, 2005, two sealed bids were received for the construction of this project. Attachment 1 represents a summary of the bids received and compares the bids to the engineer's estimate. Dateland Construction Company Inc. submitted the lowest amount of $1,416,834 which is approximately $475,000 estimate. This additional cost can be partially attributed specifications that require the contractor to be out of the traffic on Washington Street. This limits the contractor' necessary to prevent undue delay to commuting motorists. responsive bid in the over the engineer's to the traffic control roadway during peak s work hours, but is K A� 1w Contingent upon City Council approval to award the construction of the project on June 21, 2005, the following is the project schedule: City Council Award of Construction Contract June 21, 2005 Sign Contracts and Mobilize June 22 - July 15, 2005 Construction (120 Consecutive Calendar Days) July - October, 2005 Project Close-out/Acceptance November 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract in the amount of $1,416,834 to Dateland Construction Company Inc. to construct the Washington Street Median Improvements, Project No. 2003-09; and approve an appropriation for an additional $325,782 from the Transportation Development Impact Fees; or 2. Do not award a contract in the amount of $1,416,834 to Dateland Construction Company Inc. to construct the Washington Street Median Improvements, Project No. 2003-09; and do not approve an appropriation for an additional $325,782 from the Transportation Development Impact Fees; or 3. Provide staff with alternative direction. Respectfully submitted, T'mothy R. o an P.E. ss Public Works ire r/City Engineer Approved for submission by: T omas P. Genovese, City Manager Attachment: 1. Detailed Bid Comparison Summary J , 3 4.4 ATTACHMENT W 0000000000000000000 O 0 0000000000000000000000 O O O O U_ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O S L) 0000000000000 L)00(D O O 0 000000000000000000 L) u)00 O O 0 (D d (D 000 L) O O u) O O W O 00 N L) 1* h 0 O O O O O O O h 0000 N It Lo m-tNOONOItm O O O (1) O O OO N0 N1 mh OOh(DM L)at(: 0 m O O O N a NNN 00 N h 710 N N M 10 N 000 (D O O � W 0 m 70 m N wh m 00 h00aCt-00 L) a L) h a M.-.-(D h -th N M— M L) O Z N V N 0) N M L) (D N h N N .- N m N N (") W W Z Q Wcc O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O J W 0 0 0 0 0 0 L) 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O F U W O O O O OD N (D m 0 0 0 0 L) O O L) O O O 0 0 0 0 0 0 0 0 0 0 0 0 L) O O O O O L) W O O O O 0 0 (D O O O N L) 00 h 0 0 L) h O O O O O 0 0 0 0 0 O O (`) M N N N M M M M M O ll O O O O F d m000 NOOK O (D h h W OOOh 0o0 a0 a0 F 0) L) 7 0 L) h O M M M Z N 't N r- 0) N t- N N m W 000000 000,800000000 O 0 0000000000000000000000 O O O O U_ 000000 000,00000000 O 0 00000-000000000000 W L) 00 O O O 0000(n0 .W Lr;OMO O O O a000(6O O O a 000 C54 O(D O_ O� O N N a N_ O O N(O N 4 O O O a 1 0 0 O O N 00 N N O N. 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V1 U N 7 U '> N a1 (n U V c O Y y C 0 O c y N Z W M m t x w E 2 a' Y ` U a0+ 7 O Q 7` d U "• U d p m a) LL O y t�0 U N a] C_ U y C j 7} O J �>> (n 7 E m a E C C o O N Em(nciip(n U N y N :0 C N Y Y L m a'cc3>3�m m n1 .- O a) 7`mcmo C L 7 .O y 7 0D00) "O > y '`-0�cUc m ada 7 >� (a U) c 3 c(nWpaUUmm�opmmQcczCL m E c °'m N U O C (p (' N N t' c 0 3 O X O X X 'X O X C O X X O O X X O O C C G d C c C C C C C C O a+ yL. LL m e a) C N N y y a) O m m a) a) m O m m m m m p O O C 0 d m 0 0 m 0 m m m y O >` L ,O N N 00 Yl N ' P 0 y P' L x j0 6 m m A 0) U 17 p N 0) U d E-0 0 o C y a n) C E.c O> > l0 y 0 0 W M N N•a)x - _h 7 D , (') m;. Lo c,n —MMM D-(o6 M u)(17 L) M0L) M (D'-.-LL) W a-0 T y .L+-0 m 0 U C X= U a W J s C '_ O1 >>> l0 0) A 0) O m W Y Y (0 W m (0 Y (0 (0 m« am N m (0 (0 (0 YO 10 m C C>� O W LL N U ` N Y! O N Ul 0 Vl y y N N N Ul N y 0 0 y y y N 0 N y 0 (n N C E E>0 D- C G C V) 7 .N L) m '> `� C (n .0 O O O C ,C C C G C C C C C C C C C C C C C C G C C C C C c 0) O N `d 0 0 U Q (� W r= 'wo .i• V 'y L N •_ M 4ti oZi a) m a) ob a7J qi S� 4ti ai o'i oi) Ozi ai 4'i di .6 .6 � � 4i 0 df a ca di .6 (0 c O � N � ('0 N U y q' p U N ` N (n V Q I'- U L c y_— O L —_ y L L a) y y N L a) y N L L y 0 L L y y L L y y L .L y y L L y y L L y y L L y y L L y y L L y y L L y y L L N y O 'O E N 'C -� m L 2 w O m O 0 m m C m c C 0 O— 0 «° 'c E 7 «° :° m 'E 7 E E Y 7 7� E 7� __ 7 7 c E 7 7 E E 7 7 c E 7 7 E E 7 7 E 'E 7 7 'E E 7 7 E 'E 7 7 E E 7 7 E E 7 7 E E 7 7 o 2 ap 7 2 H 0_ U (n = 7 U L) C F U) LL C C C LL LL LL w- LL LL LL LL LL LL LL LL W LL LL LL LL LL - LL LL LL LL LL- LL 0_ U 0_ U LL o W 0HNI M 7(DOah 00 a) M2 L)fDhm m O N NMNLL...mO NNN N N N N N N M M M( NM#�-j `) M h OOmO M M MIt N M It � L) Z(p a] TWyl 4 el%'PQu&rw AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 21, 2005 CONSENT CALENDAR: STUDY SESSION: ITEM TITLE: Adoption of a Resolution Accepting a Donation from the La Quinta Sports and Youth PUBLIC HEARING: Association for Improvements for the Sports Complex RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex. FISCAL IMPLICATIONS: As a result of the donation, staff will utilize $9,000 from account 101-3001- 451.71-01 — Capital Purchases Machinery & Equipment to purchase the bleachers. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Sports and Youth Association (LQSYA) has generously donated -$6,000 to the City for the purchase of shade structures and bleachers for the sports fields at the Sports Complex. The bleachers and shade structures will be used by the youth baseball league, as well as the youth soccer league and Truman Elementary and La Quinta Middle School students. The City will combine this donation with the $2,000 from the La Quinta Rotary Club for bleachers and order the equipment to be consistent with the equipment that currently exists at the Sports Complex. LQSYA has stated that they would like to save some installation costs of the bleachers and have a work day to have parents install some of the bleachers. The La Quinta Rotary Club also expressed an interest in helping with the bleacher installation. The total cost of six bleachers and two shade structures is $13,877. Installation of two of the six bleachers will be completed by the LQSYA and La Quinta Rotary members. Four of the six sets of bleachers, as well as the shade structures, will be installed by a professional installer who will also be on -site overseeing the installation by LQSYA and Rotary members of the remaining two sets of bleachers, thereby relieving LQSYA, Rotary or the City of potential liability issues. The City would then pay to have the other four bleachers installed at the cost of approximately $9,000. Funding for this would come from the Capital Equipment Account in the Community Services Department budget which has adequate funds for this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex; or 2. Do not adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex; or 3. Provide staff with alternative direction. Respectfully su�mitted, o ie orvitz, om unity Services Director Approved for submission by: Thomas P. Genovese, City Manager '.-1 .y ,4. OQ2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE LA QUINTA SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS OF BLEACHERS AND SHADE STRUCTURES FOR THE SPORTS COMPLEX WHEREAS, on June 21, 2005, the La Quinta Sports and Youth Association generously offered to donate $6,000 for improvements of bleachers and shade structures for the Sports Complex; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $6,000 from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of June, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California C,03 Resolution No. 2005- LQSYA Donation Adopted: June 21,2005 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 i119 00 4 Tw4t 4 ekfP Qu&ra� COUNCIL/RDA MEETING DATE: .tune 21, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33588, La Quinta Redevelopment Agency. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Parcel Map No. 33588, La Quinta Redevelopment Agency. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33588 is located south of State Highway 1 1 1 and west of Dune Palms Road (Attachment 1). This commercial development will consist of 4 parcels on approximately 28.79 acres (Attachment 2). On April 13, 2005, the Community Development Director approved Tentative Parcel Map No. 33588. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects the associated securities and all signatures will be in place within the time allowed for its conditional approval. tO� The Resolution provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (July 21, 2005) of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Parcel Map No. 33588, La Quinta Redevelopment Agency; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Parcel Map No. 33588, La Quinta Redevelopment Agency; or 3. Provide staff with alternative direction. Respectfully submitted, `:! othy R ona s n, P.E. Public Works Dir tor/ City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33588, LA QUINTA REDEVELOPMENT AGENCY, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 0- n JL 'J r.. Resolution No. 2005- Parcel Map No. 33588, La Quinta Redevelopment Agency Adopted: June 21, 2005 Page 2 Section 1. The final map for Parcel Map 33588 is conditionally approved provided the subdivider submits all required items on or before July 21, 2005. 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 Parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 21, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval Resolution No. 2005- Parcel Map No. 33588, La Quinta Redevelopment Agency Adopted: June 21, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of June 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 1 A z 0 ATTACHMENT 1 EISENHOWER DR. c 0 WASHINGTON ST. m C � rm o v z Z F z m ADAMS ST. m c_- O0 LA QUINTA DR. m o DUNE PALMS RD. D TO 1-10 JEFFERSON ST. 0 z 0 0 ATTACHMENT 2 rr / _ � R �� I I ■ fatR � I. �ki �� ha1!��E� k;� s 3 ei° ii o N M QR�= .. 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Qm AC LOT'C' - AVEAVE48 r.Anar AwrrrA'w Lrasar /nernxr rr4sar7 Parrsys'w xrLSEy or NOn SWAP +w Aa /D I' P. sMA N r Aspaw as On?.. Misr. M RAM PER A• /7.(PSO-•t/ A• i Sd/E r.mv r a•r Av s A, SVAOW IS RANL Aar A• I .eunre �er.eRv -- ,aevr 4 - 863nN3nd e r an `.! � �'w I .apron • rer�av - w I I I .ar .ar• sr .aG I I i I J HZ a O o w �I a I �a h o vI r� V �x u isw o m Y I4 w I R I I I � I�A 4 �W aEr I F �M 4 ,y Z K �rn yy� � a4hii0 fn 4' �i�5 III I ICI s133HS33S I �^ ATTACHMENT 3 Recording Requested By And When Recorded Mail To: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Manager [Exempt From Recording Fee Per Gov. Code § 27383) SUBDIVISION IMPROVEMENT AGREEMENT AND TEMPORARY GRANT OF EASEMENT PARCEL MAP NO. 33588 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of June, 2005, by and between Sam's Real Estate Business Trust, a Delaware statutory trust hereinafter referred to as Developer, and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. City staff have prepared and filed Parcel Map No. 33588 (the "Map") subdividing a unit of land in the City of La Quinta, County of Riverside (the "Land") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Developer, who has entered into a Purchase Agreement with the La Quinta Redevelopment Agency ("Agency") to purchase Parcels 2 and 3 on the Map (the "Developer Parcels") for development thereon of a discount membership warehouse, is required to agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Developer and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Developer shall furnish original improvement plans for the Improvements meeting the requirements of the City Engineer. 2. Improvements. Developer shall construct the Improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall, subject to this Section 2, bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Notwithstanding the above, Developer shall be entitled to a reimbursement from the City for all of the costs, including soft costs (i.e., design and inspection costs, fees, etc.) Developer incurs to construct the portion of the Improvements that consists of the median within Dune Palms Road, including the landscaping installed within said median (collectively, the "DIF Improvements"), out of the City's Developer Impact Fee fund, to the extent that such costs do not exceed Three Hundred Ninety -One Thousand Three Dollars ($391,003). 1 J ` S:\CityMgr\STAFF REPORTS ONLY\C10 sia no pg nbrs.DOC The Agency is negotiating with Stamko Development Co., a California limited partnership ("Stamko"), the terms of an agreement (the "Stamko Agreement") pursuant to which the Agency would sell to Stamko Parcel on the Map (the "Stamko Parcel"). In the event the property conveyance contemplated by the Stamko Agreement closes escrow, Stamko and the Developer will, concurrently with said closing, enter into a Cost Sharing Agreement, pursuant to which Stamko and the Developer will apportion, amongst each other, the cost Developer incurs (the "Developer's Shared Costs") to construct all of the Improvements except the DIF Improvements (the "Non-DIF Improvements"), based on the lineal frontage of the parties' respective parcels along Highway 111 and Dune Palms. The Cost Sharing Agreement allocates sixty-four percent (64%) of the Developer's Shared Costs to Developer and thirty-six percent (36%) of the Developer's Shared Costs to Stamko. In the event the property conveyance contemplated by the Stamko Agreement fails to close escrow, and Agency sells the Stamko Parcel to another purchaser, the Agency agrees to require the purchaser of the Stamko Parcel to reimburse the Developer for thirty-six percent (36%) of the Developer's Shared Costs; provided, however, that the Developer's Shared Costs shall not exceed the amounts set forth in Exhibit A for the Non-DIF Improvements. In the event the property conveyance contemplated by the Stamko Agreement fails to close escrow, and the Agency has not sold the Stamko Parcel within one (1) year after Developer's completion of the Improvements and the City's acceptance or approval (as applicable) thereof, the City will reimburse the Developer for thirty- six percent (36%) of the Developer's Shared Costs; provided, however, that the Developer's Shared Costs shall not exceed the amounts set forth in Exhibit A for the Non-DIF Improvements. 3. Improvement Security. A. One class of security to be provided by Developer, hereinafter referred to as "performance security, shall assure the faithful performance of this Agreement including construction of the Improvements, and payment of plan check and permit fees. A second class of security to be provided by Developer, hereinafter referred to as payment security, shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Developer, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Developer shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Developer shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Developer shall be responsible for the payment of, and agrees to pay, any and all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations secured pursuant to this Agreement. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 2) Irrevocable letters of credit, issued by one or more financial institutions that are subject to regulation by the state or federal government, and have a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not S:\CityMgr\STAFF REPORTS ONLY\C10 sia no pg nbrs.DOC Jess than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Developer shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. The administrative fee shall be One Hundred Fifty Dollars ($150.00) for each irrevocable letter of credit and for each bond. E. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. F. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Developer. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 4) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Developer has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Developer shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. S:\CityMgr\STAFF REPORTS ONLY\C10 sia no Pg nbrs.DOC i. Completion of Improvements. Developer shall begin construction of the Improvements within one hundred eighty (180) days and shall complete construction within eighteen (18) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Developer to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Developer in default of this Agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Developer's obligations hereunder. 3. Developer's Grant of Temporary Easement. Developer acknowledges and agrees that one component of the Improvements is the relocation of certain utilities that are currently in use within the Developer Parcels (the "Existing Utilities"). Easements over portions of the Developer Parcels (the "Easement Areas") for public road and utility purposes were previously recorded on June 3, 1949, in Book 1081, pages 313 and 347, in the Official Records of the County of Riverside (the "Existing Easements"). In connection with City's recordation of the Map, City is vacating the Existing Easements. Notwithstanding said vacation, the Existing Utilities will not be relocated until a later date, in accordance with the terms of this Agreement, and the Existing Utilities will continue to serve certain members of the public until such relocation has been completed. In order to preserve access to and use of the Existing Utilities until such time as the Existing Utilities have been relocated, Developer hereby grants to City, and to the owners of the Existing Utilities (collectively, the "Public Entities") a non-exclusive temporary easement (the "Temporary Easement") over the Easement Areas for public utility purposes. The Temporary Easement shall burden the Developer Parcels. The Public Entities shall be permitted to enter the Developer Parcels to access the Easement Areas in order to operate and maintain, and to supervise the relocation of, the Existing Utilities. The Temporary Easement shall automatically terminate and shall be of no further force or effect upon the relocation of the Existing Utilities in'accordance with this Agreement, as evidenced by City's approval or acceptance (as applicable) thereof. At such time as the Temporary Easement terminates, as described in the paragraph above, the City will prepare and execute any documentation required by Stewart Title Guaranty Company, located at 2 North LaSalle Street, Suite 1400, Chicago, IL 60602, to remove this Agreement from the public record. Notwithstanding such removal from the public record, however, all remaining provisions of this Agreement (i.e., all provisions hereof except this Section 6) shall continue to remain in full force and effect according to the terms hereof. 7. Force Maieure. In the event that Developer is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Developer's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Developer may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Developer shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. S:\CityMgr\STAFF REPORTS ONLY\C10 sia no pg nbrs.DOC 9. Survey Monuments. Before final approval of street improvements, City will place survey monuments in accordance with the provisions of Sections 66495, et seq., of the Subdivision Map Act and of the La Quinta Municipal Code. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Developer shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Developer's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Developer has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Developer shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Developer hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Developer to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Developer fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City (or, for obligations that cannot reasonably be performed within sixty (60) days, if Developer fails to commence to perform such obligation within said sixty (60) day period and diligently pursue the completion thereof), then City may perform the obligation, and Developer shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Developer hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Developer's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of S:\CityMgr\STAFF REPORTS ONLY\C10 sia no pg nbrs.DOC Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. [Signatures on next page] S:\CityMgr\STAFF REPORTS ONLYNC10 sia no pg nbrs.DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk REVIEWED AND APPROVED: Date City Engineer Date APPROVED AS TO FORM: City Attorney Date DEVELOPER: Sam's Real Estate Business Trust, a Delaware statutory trust 2001 SE 10th Street Bentonville, AR 72716-0550 By: Asst. Vice President of Real Estate ATTEST: Assistant Secretary (Corporate Seal) Date ..9 r SACityMgASTAFF REPORTS ONLY\C10 sia no pg nbrs.DOC Exhibit A SECURITY — PARCEL MAP NO. 33588 As elements of the work are completed, Developer may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Dune Palms Road $ 304,690 $ 304,690 Landscape Median $ 416,630 $ 416,630 Modify Traffic Signal @ Hwy 111 $ 100,000 $ 100,000 Relocate Utilities Crossing Parcel 3 $ 62,500 $ 62,500 Total Construction Cost $ 883,820 $ 883,820 Professional Fees, Design 10% $ 88,380 $ 88,380 Professional Fees, Const 10% $ 88,380 $ 88,380 Bond Amount $ 1,060,580 $ 1,060,580 S:\CityMgr\STAFF REPORTS ONLY\C10 sia no pg nbrs.DOC T411vl 4 4 Q" MEMORANDUM TO: Honorable Mayor Don Adolph and Members of the City Council FROM: imothy Jonasson, Public Works Director/City Engineer DATE: June 21, 2005 RE: City Council Consent Item No. 8 for June 21, 2005 Agenda Please find attached Exhibit A to the Subdivision Improvement Agreement for. Parcel Map No. 33588, which reflects a new bond amount of $985,580 deleting the relocation of utilities line item. This Exhibit A replaces the existing document in your Agenda packet. Thank you. Exhibit A SECURITY — PARCEL MAP NO. 33588 As elements of the work are completed, Developer may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Dune Palms Road Landscape Median Modify Traffic Signal @ Hwy 111 Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 304,690 $ 304,690 $ 416,630 $ 416,630 $ 100,000 $ 100,000 $ 821,320 $ 821,320 $ 82,130 $ 82,130 $ 82,130 $ 82,130 $ 985,580 $ 985,680 S:\CityMgr\STAFF REPORTS ONLY\6-21-05\C10 RevisedUtility Revised Final SIA.DOC T-Vy 4 44" COUNCIL/RDA MEETING DATE: June 21, 2005 ITEM TITLE: Consideration of a Title Sponsorship Agreement for the SilverRock Jim Murray Golf Invitational RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive an update as to the status of negotiations, and provide direction to staff as to the Title Sponsorship Agreement ("Agreement") for the Jim Murray Golf SilverRock Classic. FISCAL IMPLICATIONS: The Agreement requires a City contribution of up to $200,000 for recognition as Title Sponsor for the 2005 tournament event. The amount of the sponsorship may be reduced as a result of recent discussions with representatives of the International Golf Museum Foundation ("IGM") explained more fully below. Previous consideration by the City Council suggested that $200,000 be allocated from General Fund Reserves (i.e., staff would suggest that the appropriation be made from the SilverRock Golf Enterprise Fund with a transfer of $200,000 made from the General Fund). In addition to the payment, the City will incur additional expenses in conjunction with the tournament since expenditure of staff time will be required to implement the Agreement. It is not possible to quantify the potential for increase in City revenues as a result of the exposure the event would bring to the City or to SilverRock Resort. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." Project proponents have forwarded this proposal as an economic development venture. BACKGROUND AND OVERVIEW: The City Council received correspondence from IGM requesting that the City serve as Title Sponsor for a proposed SilverRock Jim Murray Alumni Challenge Golf Invitational on December 11-13, 2005. These dates have since been modified by IGM representatives to eliminate December 11, 2005 for golf play. That date would only be used for set up. Representatives of the Jim Murray Memorial Foundation have requested that the name of the tournament be the "Jim Murray SilverRock Classic." Staff is in agreement with this change and has incorporated this into the revised Agreement (Attachment 1). However, Staff has subsequently been contacted by representatives of the IGM who have indicated that they may wish to modify the title of the event. The City Council adopted a motion at its regular meeting of May 17, 2005, authorizing staff to negotiate an agreement for title sponsorship of the tournament with IGM and Jim Murray Memorial Foundation and provide an amount not to exceed $200,000 from the General Fund and from the general marketing budget. Staff prepared an agreement along those lines, including provisions whereby the contribution would be reduced if separate corporate sponsorships exceeded $180,000, or if "profits" were realized by the event organizers. IGM indicated that such language would prove to be a disincentive to raising required funds. The City Council, at its regular meeting of June 7, 2005, reviewed the draft agreement and suggested that the $200,000 contribution be reduced if corporate sponsorships exceeded $180,000, but with a floor of $180,000, with no further reduction related to "profit." The City Attorney has been in contact with legal counsel for each of the foundations and has attempted to coordinate the negotiations. It is her understanding that a contractual arrangement has been made between the two foundations pursuant to which the Jim Murray Memorial Foundation will pay IGM approximately $57,000 to serve as the event coordinator. Subsequent to the June 7, 2005 meeting, legal counsel for IGM requested additional changes to the Agreement, including: 1. Remove pre- and post -tournament accounting requirements (Section 2 and 6(t)); 2. Make all payments prior to the Tournament and increase the amount of the initial payments (Section 3); 3. Delete the "Reduction of City Payment" provision (Section 4); 4. Amend to allow for donated food/beverages (Section 6 j.); 5. Remove obligations for parking lot soil stabilization (Section 6 s.); 6. Require City to make decisions regarding ad spots within 48 hours or same will be automatically approved (Section 6 r. ii.); 7. Allow additional time for provision of insurance documentation (Section 9 a.); 8. City to contribute insurance coverage (Sections 9 c. i. and ii.); .ail 9. Limit indemnification provision (Section 11). E-mail correspondence from the attorney representing IGM is Attachment 2. As of the preparation of this report, the City Attorney has not yet received written comments from the Jim Murray Memorial Foundation on the Agreement, but has had numerous discussions with their attorney, and will provide an update during the Council Meeting. Staff recommends that the Agreement be simplified to provide a set sponsorship amount of $185,000 instead of providing for the reduction. Staff believes that IGM is in agreement with this change. This would eliminate the need for accounting, and would resolve item Nos. 1 and 3 on the list of issues from IGM. Staff does not support the other changes requested and seeks Council direction on these items. Representatives from the entities will be present at the meeting to state their positions. The Agreement, as currently drafted, incorporates many of the program elements suggested by the proponents in their proposal to the City (Attachment 3). The Agreement contains, among others, the following provisions: • The two foundations will conduct the SilverRock Jim Murray Alumni Challenge Golf Invitational (the "Tournament"), with ancillary events, during December 11-13, 2005 — the golf play at SilverRock Resort would be limited to December 12-13th. • They will recognize the City as Title Sponsor of the event on all collateral materials and advertising for the event. • They will provide for a Fox Sports Network one -hour special aired at least twice prior to, or before January 2006. • They will be responsible for all tournament set-up and tear down and will provide insurance and indemnification to the City for all activities during, and associated with, the Tournament. • They will be required to provide periodic accountings of the expenses and revenues with sufficient detail to allow the City to verify that all City funds are being used appropriately. • Payments would be made in three installments, with the final installment after the completion of the Tournament so that the City may verify that all requirements under the Agreement have been satisfied. • There would be a reduction in the City payment equivalent to aggregate corporate sponsorships in excess of $180,000, with said reduction not to exceed $20,000. In addition, as drafted, the Agreement provides that payments are to be made jointly to the Murray Foundation and IGM. IGM has indicated that it will provide verification from the it + 3 �y W Secretary of State that its corporate status has been reinstated before the agreement is executed. Staff respectfully requests City Council direction with respect to the nine adjustments requested by IGM. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Receive an update as to the status of negotiations, and provide direction to staff as to the Title Sponsorship Agreement for the Jim Murray Golf SilverRock Classic; or 2. Provide staff with alternative direction. 3. Continue the matter to the July 5, 2005 Council meeting for action. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revised Agreement 2. E-mail correspondence from IGM 3. Marketing Partnership Proposal 17 ATTACHMENT 1 TITLE SPONSORSHIP AGREEMENT FOR THE JIM MURRAY ALUMNI C-14ALLENGE GOLF !NVIT A TI oNLISILVERROCK CLASSIC This Title Sponsorship Agreement (the "Agreement") is entered into this day of 2005, by and between the Jim Murray Memorial Foundation, a private California nonprofit 501(c) (3) Corporation ("Foundation"), the International Golf Museum Foundation, a private California nonprofit 501(c)(3) Corporation ("Museum"), and the City La Quinta, a charter city in the State of California (the "City"). The Foundation, the Museum and the City are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties". RECITALS A. The Foundation is public benefit California nonprofit 501(c) (3) corporation established in 1999 in memory of Jim Murray to raise funds to provide scholarships for print journalism students. For the past six years, the Foundation has hosted an annual golf tournament, Challenge Goof inyit fiena , _to promote this purpose. B. The Museum is a public benefit California nonprofit 501(c) (3) corporation formed for the purpose of building and operating an international Golf Museum in the Coachella Valley.-Pf-ier- to its exeeutien of this Agreement, the Museum will py-evide doeurnentatioll �rem the California Seer-etmy of State whieh demonstrates to the satisfaetien of the Git�, At4efney that it is stattis in Gaht;qr-nia is « " C. The City of La Quinta has recently completed construction of a municipal golf course, the Arnold Palmer Classic Course ("Course") at SilverRock Resort ("SilverRock"), and wishes to obtain international, national, and regional media coverage, golf industry exposure and advertising for the purpose of marketing and promoting the Course, SilverRock and the City, and establishing name recognition for the Course, SilverRock and the City. D. The Parties wish to enter this Agreement for the purpose of: (1) allowing the Foundation to host its 2005 tournament at the Course, to designate the title of the 2005 event as the "Silver -Reek Jim Murray Alumni -Challenge Golf invitational SilverRock Classic" to be held from December 12, 2005, to December 13, 2005, ("Tournament") and providing City sponsorship of the event as provided for in the Agreement; and (2) providing for international, national, and regional media coverage, golf industry exposure and advertising for the purpose of marketing and promoting the Course, SilverRock and the City, and establishing name recognition for the Course, SilverRock and the City. Now, therefore, the Parties agree as follows: AGREEMENT Section 1. Incorporation of Recitals. The Recitals are incorporated herein by this reference. Section 2. Term of Agreement. The term of this Agreement (the "Term") shall commence the date that this Agreement is fully executed (the "Effective Date of Agreement") and shall terminate at the conclusion of the Tournament on December 13, 2005, except that the obligations of the Foundation to fully restore the Course and SilverRock to their pre -Tournament condition, to provide a post - Tournament accounting, and to provide indemnification, as set forth in Sections 6(s), 6(t), and 11, shall 119/015610-0002 ry 611218.07 a06/17/05 1 5 continue until the obligations are fully performed. In addition, the third payment by the City to the Foundation (or refund to the City in accordance with Section 4) shall occur after the Foundation has fully performed its obligations. The Tournament will be held on the Course on December 12, 2005, to December 13, 2005. Additional activities associated with the Tournament shall take place in the City on December 11, 2005, but shall take place off -site unless otherwise agreed to by the Parties in writing. Section 3. Payment by City to Foundation and Museum. Provided that the Foundation and Museum are in full compliance with the terms and conditions in this Agreement, and in consideration for the covenants, goods, services and other benefits provided by the Foundation and Museum, as set forth in this Agreement, the City shall payments up to the sum of Two Hundred Thousand Dollars ($200,000) (the "City Payment"). The payments shall be issued by check, payable jointly to the Foundation and Museum. The Foundation and Museum agree to use their best efforts to seek additional sponsorships to reduce the amount of the City Payment as further provided in Section 4. The schedule of payments shall be as follows: (a) Fifty Thousand Dollars ($50,000) on or before June 15, 2005; (b) Seventy -Five Thousand Dollars ($75,000) on or before September 15, 2005; and (c) Seventy -Five Thousand Dollars ($75,000) on or before December 31, 2005, provided that the Foundation has fully performed each of its obligations, including fully restoring the condition of the Course and SilverRock to its pre -Tournament condition and providing the post -Tournament accounting in -a form previously approved by the City Manager and Director of Finance in writing. Any adjustments or refunds to the City necessary pursuant to Section 4 will be made in connection with this payment. Section 4. Reduction of City Payment. The Parties agree that the City Payment is a "not to exceed" amount, and the Foundation commits to use its best efforts to seek alternative funding. through additional corporate sponsorships. The budget contained in the Foundation's Marketing Partnership Proposal for the City of La Quinta & SilverRock presented to the City Council on May 17, 2005, set forth the amount of One Hundred and Eighty Thousand Dollars ($180,000) ("Budgeted Sponsorships") from corporate, associate or other sponsorships. To the extent the Foundation is able to obtain sponsorships funding in excess of the Budgeted Sponsorship, the City Payment shall be reduced by the amount that these sponsorships exceed the Budgeted Sponsorships but the reduction shall not exceed Twenty Thousand Dollars ($20,000). in addition,+1, Git Payment ll also b eua ua to the extent that the revenues generated by the Tournament exeeed the expenses of the . Prior to the City's execution of this Agreement, the Foundation shall provide detailed statements is for- the 2003 an 200 teumaments held by Foundation and an updated 2005 budget, including the sponsorships obtained to date, in order to allow the City to determine the likely level of corporate sponsorships and the expenses and reeve ues associated with the Tournament. Section 5. Use of Course. For the time period of December 12, 2005, to December 13, 2005, the Course shall be made available for Tournament play. During this time period, the City may schedule other play and make other use of the Course which does not interfere with the Tournament. Section 6. Obligations of Foundation and Museum. In consideration for the City Payment, Foundation and Museum shall undertake, perform and provide to the City the following: ,, 1 7J 119/015610-0002 611218.07 a06/17/O5 6 (a) Foundation and Museum shall conduct the Tournament at the Course during the December 12, 2005 to December 13, 2005 time period, and shall pay all costs associated with hosting the Tournament, including greens fees in the amount of $85 per round for all rounds played. (b) Foundation and Museum shall formally provide recognition of the City as the named sponsor of the Tournament, and shall refer to the Tournament as the "Silver -Reek Murray Alumni Challenge Golf invit tionralSilverRock" in all official or formal announcements and advertising of the Tournament, in all media used by Foundation or Museum make announcements and to conduct advertising, and in all printed material distributed to the public in general with respect to preparation for or conducting the Tournament. (c) Foundation and Museum -shall not charge admission to persons who attend the Tournament as spectators. (d) Foundation and Museum shall be provided with 30 passes to any hospitality areas provided at SilverRock during the Tournament. In addition, the City shall have the right to , at the City's option and expense, a City hospitality area operated by the City, for the exclusive use of the City, in order to allow the City to market the City, the Course, and SilverRock, as well as the City's support of the Tournament and other events and projects of the City. (e) Foundation shall conduct a luncheon awards ceremony at which the Mayor of the City will be invited to speak. The City, the Mayor, City Council, SilverRock, and the Course will be fully acknowledged during the ceremony, and the City's sponsorship of the Tournament will be fully acknowledged. A trophy with a reference to the City and SilverRock shall be presented by and on behalf of the City and its Mayor and City Council to the four person team which wins the Tournament. The Mayor, or the Mayor's designee, will participate with a Foundation representative in the presentation of the trophy to the winning team. The Mayor, or Mayor's designee, will announce the educational institution chosen by the winning team for the $5000 educational grant. The ceremony shall be conducted within the City of La Quinta. Foundation shall also conduct the Murray Scholarship Reception, during which the City, the Mayor, the City Council, SilverRock, and the Course will be fully acknowledged, as will the City's sponsorship of the Tournament. Each of the scholarship awards will include a reference to the City and SilverRock. The Mayor, or the Mayor's designee, will participate in the presentation of the scholarships. The reception shall be conducted within the City of La Quinta. (0 Foundation shall allow for the City to conduct a clinic hosted by a prominent PGA Tour player during the Tournament. (g) Foundation shall provide at the Tournament daily promotion, recognition of the City, the Course, and SilverRock, and the City's association with the Tournament, and its projects and its events, in a form and substance approved by the City and by the Tournament. (h) Foundation shall establish, at the cost and expense of Foundation, a website hyperlink between any and all websites for the Tournament and the City's SilverRock website. Foundation shall list only the City's hotels on its website for recommended lodging accommodations and shall not advertise or otherwise list hotels located outside the City on its website. The Foundation will provide information and written materials to Tournament 17 � j, 119/015610-0002 611218.07 a06/17/05 participants and attendees regarding restaurant and shopping opportunities only within the City of La Quinta. (i) Foundation shall provide on -site exposure and signage promoting the City, the Course and SilverRock, and shall provide signage and other promotion of the City, the Course, and SilverRock at the host hotel, the La Quinta Resort and Spa. The signage shall be subject in advance to the review and approval of the City Manager or his designee. 0) Foundation shall coordinate with Landmark Golf Management, LLC ("Landmark") for all on -site food and beverage service during the event. All costs associated with the food and beverage services will be paid by the Foundation. No outside food or beverage service may be provided unless written permission by the City Manager is given to the provision of such services. (k) The SilverRock Logo and the names "SilverRock Resort" and "City of La Quinta" will be prominently displayed on the official Tournament gift bags and on any Tournament apparel. Proto types of the items shall be provided in advance to the City Manager for his review and approval or the review and approval of his designee. (1) Foundation shall provide for four golf foursomes (16 players) to play in the Tournament at no cost. The City may allocate the slots or designate the players in its sole and absolute discretion. (m) Foundation shall provide to the City an opportunity to distribute promotional items to participants in the Tournament. (n) Foundation shall provide to the City one table of twelve (12) at the Awards Luncheon and at the Scholarship Reception free of charge. Selection of the persons who will occupy the table shall be made by the City in its sole and absolute discretion. (o) Foundation shall provide the City with 15 "very important person (VIP)" access passes to the Tournament and Tournament parking, for use by its officials, officers, employees, staff and guests to be designated by the City for purposes of City business and SilverRock marketing. (p) If the City has designated the developer of the SilverRock Resort by the date of the Tournament, the developer shall be provided with an area on the Course where it may provide promotional information and advertising for SilverRock and its development. (q) Foundation has agreed to provide the City with 36 free room nights at the La Quinta Resort and Spa during the event. This is valued at $140,000. The City, at its option, shall have the right to forego this benefit and take a corresponding reduction in the City Payment. (r) Advertising/Media/Marketing/Promotion. (i) The Foundation shall provide for a Fox Sports Network one -hour television special on the Tournament that shall be aired at lease twice regionally in Southern California no later than January3l, 2006. The Course, SilverRock, the City, `77 and the City's sponsorship of the Tournament shall be prominently referenced and 119/015610-0002 611218.07 a06/17/05 8 promoted to the fullest extent possible during the special. The location of the event will be clearly identified as "La Quinta, California." Landmark and City representatives shall be involved in the production of the special and shall have the right to pre -approve all promotional text. The Foundation will use its best efforts to display areas within SilverRock which will clearly identify the location as being within SilverRock and within the City of La Quinta. The content and text of dialogue in the special shall be pre - approved by the City Manager or his designee. This special will be produced by Fourteenth Colony Productions. If another company is selected to produce the special, the company will be subject to the City Manager's written approval. (ii) The Foundation shall provide a minimum of six (6) 30-second ad spots on Fox Sports Network which will prominently reference the City, the Course and SilverRock. The ads shall be pre -approved by the City Manager or his designee. (iii) The Foundation shall provide opening and closing billboards (?) announcing the Tournament and prominently referencing the City, the Course and SilverRock. The billboard ads shall be pre -approved by the City Manager or his designee. (iv) The Foundation shall provide that the Tournament is featured on Tee -it - Up Radio one or more times. All pre -planned dialogue will be subject to the pre - approval of the City Manager or his designee. The dialogue shall prominently reference, and to the full extent possible, promote the City, the Course and SilverRock. (v) A minimum of four (4) fly -by television graphics, each of which shall reference SilverRock and the City. (vi) The City shall be provided with a full page ad within the souvenir journal and also with the back cover of the program. The City, the Course, and SilverRock will also be prominently displayed and promoted within the Journal. The full page ad and the back cover program ad will be provided by the City. The non -ad portion of the souvenir journal shall be provided to the City Manager or his designee for review and approval prior to its printing. (vii) The SilverRock logo, and information about the Course, SilverRock and the City will be incorporated into the correspondence and written materials sent to potential alumni invitees. All invitational documents shall be provided to the City Manager or his designee for review and approval prior to their printing and release. (viii) To the fullest extent possible, the Foundation will seek additional advertising in television, radio, newspaper, 'editorial, magazines, and direct mailing to promote not only the Tournament but also the City's sponsorship, the City, the Course and SilverRock. The Foundation has represented that it intends to allocate the funds listed on its budget to carry out these activities. All advertising, press releases, and promotional materials shall be submitted to the City Manager in advance for pre -approval before release. 119/015610-0002 611218.07 a06/17/05 9 (ix) To the extent that the Foundation seeks to undertake advertising through entities other than Landmark, Kiner Communications ("Kiner"), or Fourteenth Colony, the company to be utilized shall be pre -approved by the City Manager or his designee. The City has a well established marketing strategy for SilverRock which is being undertaken by Landmark and Kiner, and all marketing of SilverRock, including the marketing of SilverRock done in conjunction with the Tournament shall be coordinated with Landmark and Kiner. (x) No later than September 1, 2005, the Foundation and Museum shall submit its marketing and advertisement plan to the City for review by City Staff, Landmark and Kiner. The plan shall be subject to the approval of the City Manager or his designee after obtaining the input of the City Staff, Landmark, and Kiner. Approval of the plan shall be a condition precedent to the second City Payment. (s) The Foundation and Museum shall be responsible for the set up and tear down of all on -site equipment necessary for the Tournament, all of which shall be solely at the Foundation's and the Museum's cost. At least 60 days prior to the Tournament, the Foundation and Museum shall submit its Tournament plan to Landmark for review and approval. The plan shall show the location of proposed use areas, including parking, gallery areas, restroom, hospitality areas, food and beverage areas, press room facilities, and activity sites. The plan shall include the Foundation/Museum's plan for trash and waste disposal. It shall identify all subcontractors who are planned to be on -site during the Tournament. The plan shall be subject to Landmark's review and approval, and Foundation and Museum shall incorporate all recommendations made by Landmark. Landmark shall designate the procedures for set up and tear down and shall further designate the location for equipment, viewing areas, and other activities. The set up and tear down shall all occur within the December 12, 2005 to December 13, 2005 time period; provided however, that will the written approval of Landmark, the Foundation and Museum may be permitted to conduct approved set up activities which in no way interfere with golf play at the Course between December 9, 2005, and December 12, 2005. In addition, Landmark may, at its discretion, grant written approval of up to two additional days for removal of equipment, provided that all terms and conditions imposed by Landmark as a condition of the extension and provided further that the activities in no way interfere with play on the Course. The Foundation and Museum shall be responsible for fully restoring the Course and SilverRock to its pre -Tournament condition at its sole expense and in the manner established by Landmark. If unpaved areas are used during the Tournament for any purpose, the Foundation and Museum shall be responsible for the application of soil stabilizers on the areas in the manner prescribed by and subject to the approval of the City's Public Works Director. This shall be completed to the satisfaction of the City Manager or his designee. The Foundation and Museum shall be fully responsible for damage caused by the persons or entities it utilizes (including, but not limited to volunteers) to carry out its obligations under this Agreement. All subcontractors shall be required to carry the same insurance as set forth below, naming the City and Landmark as additional insureds. All subcontractors shall be pre -approved by the City Manager or his designee. (t) Prior to the first City Payment under this Agreement scheduled for June 15, 2005, the Foundation and Museum shall provide an updated budget for the 2005 Tournament. This ,f F updated budget shall reflect the most accurate information currently available regarding the I �� anticipated expenditures and revenues, including all categories listed in the budget submitted by 119/015610-0002 611218.07 a06/17/05 10 the Foundation and Museum with their proposal to the City. The budget shall be subject to the review and approval of the City Manager or his designee. After review of the budget, the City may request additional back-up information or documentation regarding any expense item. The Foundation and Museum shall identify the sponsors obtained as of the date of the update, including the name and amount of the sponsorship. Prior to the second City Payment scheduled for September 15, 2005, the Foundation and Museum shall provide an updated budget, which budget shall be subject to the review and approval of the City Manager or his designee prior to the second City Payment. In connection with this review of the budget, the City may request additional back-up information or documentation regarding any expense item. On or before December 23, 2005, the Foundation and Museum shall provide the final accounting for the Tournament, showing all expenses and all revenue from the Tournament. All expenses shall be documented to the satisfaction of the City Manager. (u) The Foundation and Museum shall provide for all security and emergency medical services necessary during the Tournament. The Foundation and Museum shall submit their plan for the provision of such service sixty (60) days prior to the Tournament. The plan shall be subject to the review and approval of Landmark and the City's Police and Fire Departments. (v) All on -site activities during the Tournament shall be conducted shall be subject to the approval of Landmark. Not less than sixty (60) days prior to the Tournament, the Foundation and Museum shall provide a detailed schedule of events both on -site and off -site during the Tournament. The Foundation and Museum shall consult with Landmark regarding the required content of the plan prior to its submission. As to all on -site activities, the plan shall be subject to Landmark's review and approval, and the Foundation and Museum shall incorporate all changes requested by Landmark. (w) All rights to the SilverRock, SilverRock Resort name and SilverRock logo shall remain the property of the City. Their use must be authorized in advance, in writing, by the City Manager. (x) The City and the La Quinta Redevelopment Agency shall have the right to distribute promotional and advertising materials for the City, the Course, and SilverRock to publicize that it is sponsoring the Tournament, and may reference the Tournament by name in any of its materials. Section 7. Commitment of Foundation and Museum Regarding Use of Proceeds. In connection with the Tournament, the Foundation and Museum will be providing a minimum of: (1) seven $5000 scholarships to journalism students; (2) a $5000 educational grant to the educational institution selected by the foursome that wins the Tournament; (3) a $5000 donation for a junior golf event at SilverRock; and (4) a $5000 educational grant for Coachella Valley education needs. Section 8. Other Material Inducements of Sponsorship. In addition to the above commitments, the Foundation and Museum have made the following additional representations to the City that were a material inducement to the City's decision to be the title sponsor of this event: (a) Arnold Palmer has agreed to serve as the honorary chairman of the Tournament for 2005; (b) there will be sport celebrity participation in the Tournament; (c) the City, the Course and SilverRock will get the 119/015610-0002 _ 611218.07 a06/17/O5_ 11 benefit of local, regional, and national media exposure through its sponsorship; the host hotel for the Tournament will be a hotel located within the City of La Quinta. Section 9. Insurance Requirements. Foundation and Museum shall obtain and maintain during the Term insurance policies as described herein. (a) Time for Compliance. In addition to the other requirements set forth herein, the Foundation and Museum shall not be entitled to the City Payment until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Foundation and Museum shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. (b) Minimum Requirements. Foundation and Museum shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Foundation and Museum, its agents, representatives, employees or subcontractors. Foundation and Museum shall also require all of their subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (i) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (ii) Minimum Limits of Insurance. Foundation and Museum shall maintain limits no less than: (1) General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Insurance Endorsements. The insurance policies shall contain the following provisions, or Foundation and Museum shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (i) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, volunteers and Landmark shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of Foundation and Museum, including materials, 31 parts or equipment furnished in connection with such work; and (2) the insurance .. 119/015610-0002 611218.07 a06/17/O5 12 coverage shall be primary insurance as with respect to the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Foundation's and Museum's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Foundation's and Museum's insurance and shall not be called upon to contribute with it in any way. (ii) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Foundation and Museum or for which Foundation or Museum is responsible; and (2) the insurance coverage shall be primary insurance as with respect to the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Foundation's or Museum's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the insurance and shall not be called upon to contribute with it in any way. (iii) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Foundation and Museum. (iv) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. (d) Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. (e) Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Foundation and Museum shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as with respect to the City, its directors, officials, officers, employees, agents and volunteers; or (2) Foundation and Museum shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. (f) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANTI, licensed to do business in California, and satisfactory to the City. 119/015610-0002 611218.07 a06/17/05 13 (g) Verification of Coverage. Foundation and Museum shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (h) Safety. Foundation and Museum shall execute and maintain their work so as to avoid injury or damage to any person or property. In carrying out its Services, Foundation and Museum shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Section 10. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: Foundation: Linda McCoy -Murray Jim Murray Memorial Foundation 430 Bellagio Terrace Los Angeles, California 90049 With Copy to: Jeffrey Charles Bogert, Esq. 815 Moranga Dr. Los Angeles, California 90049 City: Thomas P. Genovese, City Manager City of La Quinta 78-495 Calle Tampico Post Office Box 1504 La Quinta, CA 92253-1504 With Copy to: Museum: 119/015610-0002 611218.07 a06/17/05 M. Katherine Jenson, Esq. Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 John Pena, President International Golf Museum Foundation 14 P.O. Box 1305 [Insert Street Address] La Quinta, California 92253 With Copy to: [To be inserted] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 11. Indemnification. Foundation and Museum shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents, including Landmark, free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Foundation or Museum, their officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of this Agreement and/or with the Tournament, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Foundation and Museum shall defend, at their own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Foundation and Museum shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Foundation and Museum shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Foundation's amnd Museum's obligations to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. Section 12. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. Section 13. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. Section 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. Section 15. City's Right to Sponsor Other Golf Tournaments. City reserves right to support, sponsor or associate with golf tournaments from time to time, in its sole and absolute discretion. Nothing set forth in this Agreement shall be deemed to confer upon Foundation or Museum the right to object or to prevent such support, sponsorship or association. Section 16. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 1.94 119/015610-0002 611218.07 a06/17/O515 Section 17. Assignment or Transfer. Neither Foundation nor Museum shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Section 18. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Foundation or Museum include all personnel, employees, agents, and subcontractors of Foundation or Museum, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. Section 19. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Section 20. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. Section 21. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Section 22. Prohibited Interests. Foundation and Museum each maintains and warrants that it has not compensated nor promised any compensation to any company or person, to solicit or secure this Agreement. Further, Foundation and Museum each warrants that it has not paid nor has it agreed to pay any company or person, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of these warranties, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Section 23. Equal Opportunity Employment. Foundation represents that it is an equal opportunity employer and Foundation and Museum shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Section 24. Independent Contractor. The covenants, goods, services and other benefits provided under this Agreement shall be performed by Foundation or Museum or. under their supervision. g 119/015610-0002 611218.07 a06/17/O5 16 Foundation and Museum will determine the means, methods and details of conducting the Tournament. The City is not and shall not be deemed to be responsible in any manner for the conduct and operation of the Tournament. The Foundation and Museum shall be responsible for providing all necessary services through volunteers or with hired personnel (collectively, "Tournament Workers"), and Foundation and Museum shall be solely responsible for providing all logistical support, equipment and uniforms for the Tournament Workers and complying with legal requirements for the Tournament Workers. Foundation and Museum shall ensure that the insurance covered specified in Section 9 extends to the acts and omissions of the Tournament Workers. For purposes of this Agreement, Foundation and Museum are and shall be deemed to be independent contractors and not employees of the City. Any personnel performing the covenants, goods, services and other benefits provided under this Agreement on behalf of Foundation or Museum are not and shall not be deemed to be employees of the City and shall at all times be under Foundation's or Museum's exclusive direction and control. No joint venture is created by this Agreement. Foundation. Museum and their agents shall not make any representations or statements suggesting any affiliation between the the City on one hand and the Museum or Foundation on the other hand other than what is expressly set forth in this Agreement, and shall not purport to represent or speak for the City. Museum and Foundation shall be jointly and severally responsible for undertaking the obligation imposed upon either the Museum or the Foundation under this Agreement. Section 25. Labor Certification. By its signature hereunder, Foundation and Museum each certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions. Section 26. Authority to Enter Agreement. Foundation and Museum have all requisite power and authority to conduct their business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Section 27. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. (End — Signatures to Follow on Next Page) IG 119/015610-0002 _ 611218.07 a06/17/05 17 In witness whereof the Parties have executed this Agreement as of the date first written above. Dated: '2005 Jim Murray Memorial Foundation APPROVED AS TO FORM: By: Jeffrey Charles Bogert,_Legal Counsel for Jim Murray Memorial Foundation Dated: 2005 APPROVED AS TO FORM: By: Legal Counsel for the International Golf Museum Foundation Dated: ATTEST: 2005 By: June S. Greek, City Clerk By: Linda McMoy Murray Its: President International Golf Museum Foundation By: John J. Pena Its: President City of La Quinta By: Thomas P. Genovese, City Manager 119/015610-0002 611218.07 a06/17/05 18 APPROVED AS TO FORM: 52 M. Katherine Jenson, City Attorney 119/015610-0002 611218.07 a06/17/O5 133 W From: Mindy Kensler [mailto:mjkensler@yahoo.com) Sent: Sunday, June 12, 2005 1:17 PM To: Jenson, Kathy Subject: La Quinta Title Sponsorship Agreement Dear Kathy, Following are some comments International Golf Museum ("IGM") has regarding the second draft of the Title Sponsorship Agreement. I am hopeful that these issues can easily be resolved. My comments are as follows: Recitals, section B. Last sentence should be removed. IGM has this documentation and will provide it prior to signing the contract. ATTACHMENT 2 Section 2: Remove reference to post tournament accounting. No post tournament accounting will be provided (also see ref. subsection "t"). Agreement lists the benefits the City is to receive. Those benefits form the basis of the Title Sponsorship. Evidence of payment of the requisite funds to scholarships will be provided at the conclusion of the tournament, and the Agreement may so state. Also, remove reference to third payment from this section. Section 3: Payments. The first two installments must be $75,000 each -vendors need to be paid. All payments MUST occur before the tournament for the same reason. Sponsorship payments typically are up -front, prior to the event. Section 4: This entire section is unreasonable and must be removed. The city is a title sponsor and will receive the title sponsor benefits outlined in the agreement. It is not merely a guarantor of payment. How does the city wish SilverRock name to be used in promotion/advertising - as "SilverRock Resort at the City of La Quinta"? This isn't clear in the agreement. 6(j) - there are issue with the food service and (6)(s) the parking (soil stabilization) requirements which I believe is being researched and discussed. 6(r)(viii)-Add language that all such decisions will be rendered within 48 hours or will be deemed approved. 6(t) - This entire section is unreasonable and needs to be removed. The city's payment is for the Title Sponsorship benefits set forth in the agreement. Accordingly, the sponsorship payment cannot be reduced. 9(a) It will take some time to obtain the insurance, but the Foundation must begin paying vendors immediately to promote the event. IGM will be able to provide proof of insurance before the second payment from the city. 9(c)(i) & (ii) - remove last sentences. I think that a it's reasonable for the City to contribute its 189 insurance if necessary. 11. This paragraph is way too broad. IGM will agree to indemnify the city as to acts caused by its own agents in connection with the tournament (not with 20 enforcing the contract -see next paragraph below) up to the level of its insurance. The city needs to provide the same indemnity re: its agents, etc. As in section 9, it's simply not reasonable for the City to accept all of the benefits and absolutely none of the risks. Agreement must have a separate clause re: "Legal Fees to Enforce Agreement" - please section 5 in IGM initial draft. 17 - None of the parties may assign without prior consent. 22 - The second sentence could be read to limit Foundation/Museum from hiring another entity after the contract is signed. The first sentence is sufficient to prevent unauthorized solicitation of the donation. The agreement must have a nonperformance clause due to forces beyond the control of IGM, such as Act of God, war, labor disputes or strikes, prevention or prohibition of law or other cause beyond the control of Foundation/ Museum. This is a standard part in any sponsorship agreement. Thanks for your time. Sincerely, Mindy J. Kensler Attorney for International Golf Museum Foundation 21 The 7'h Annual SilverRock Jim Murray Alumni Challenge Golf Invitational 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 1"' Annual Jim Murray Alumni Challenge Golf Invitational is an opportunity for the City of La Quinta to host prominent alumni from major colleges and universities across the nation in a televised, three-day golf experience scheduled for December 11-12-13, 2005 in La Quinta, 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 Quinta and will partner with the International Golf Museum Foundation (IGM) for the establishment 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' 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 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 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 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 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. 192 23 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 of La Quinta 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. • The purchase of up to 288 rounds of golf at SilverRock Resort • 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. $2 00.000 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. 3 ,93 24 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 Go1fTm 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 Tournament organizers will purchase up to 288 paid rounds at SilverRock Resort 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. -19 25 Projected Media/Awareness Value The following is a breakdown of the projected media and public relations values that can be expected from The Jim Murray Alumni Challenge. Source Value Editorial print $40,000 Title Sponsor promotion & contest $40,000 SilverRock awareness -image impressions $50,000 On -site displays $20,000 Fox Sports Net Broadcast $75,000 (non-commercial time) Fox Sports Net $26,500 (advertising time) Back cover program ad $2,000 Local Television stories $5,000 Tee -It -Up Radio coverage $12,000 Radio & TV PSA's $20,000 Direct Mail $25,000 Sixteen (16) playing $24,000 spots in the tournament Thirty -Six (36) room nights $14,000 at the La Quinta Hotel Celebrity participation/endorsements $150,000 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 26 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 27 Twe J Tee h 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 WT ESPN EK PN 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/Cherrwille, N.0 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. 197 10 UNIVERSAL CITY PLAZA, 20TH FLOOR • UNIVERSAL CITY, CA • 91608 PHONE: 818/753-2354 • FAX: 818/753-2355 WWW.TEEITUPSHOW.COM 28 Celebrities Below is a partial list of celebrities who have participated in the Jim Murray Alumni Challenge: Arnold Palmer Elgin Baylor Joe Namath James Woods Bob Costas Dennis Miller Tom Dreesen Chris McCarron Ann Meyers -Drysdale Jack Whitaker Monte Hall Ken Howard Robert Wahl Roy Firestone Rick Dees 193 29 a�teent/E �a6an� eadaettan6 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 Tee It Uh Southern California's exclusive HIT "live" 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. W Sep Q"&rC4(j OF COUNCIL/RDA MEETING DATE: June 21, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of a Resolution Adopting the Investment Policy of the City of La Quinta for CONSENT CALENDAR: Fiscal Year 2005/2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the Investment Policy of the City of La Quinta for Fiscal Year 2005/2006. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: SB564 imposes certain reporting requirements on State and local agencies. Specifically, the bill requires, in part, that the treasurer of a local agency submit an annual statement of investment policy to the legislative body. As a result of this reporting requirement, in March of 2005, the Investment Advisory Board (IAB) began the process of updating the City' s Investment Policy to conform to this legislative requirement. On June 15, 2005, the Investment Advisory Board was scheduled to meet with the City Manager, City Attorney and City Treasurer to review the proposed Investment Policy. The meeting did not proceed due to the lack of a quorum. Therefore, the Policy is not being submitted with a formal recommendation from the IAB. The IAB will take formal action on its recommendation at the regularly scheduled July meeting. Chairman Lewis of the IAB plans to attend the City Council meeting and will be available to answer questions. An Executive Summary of the proposed changes is included as Attachment 1. The proposed Investment Policy redline form is included as Attachment2. The IAB has spent the last four months working on the City Investment Policy and staff has submitted the Investment Policy that the IAB has been working on for City Council consideration. The general purpose of the City's Investment Policy is to provide the rules and standards the City must follow when investing the City of La Quinta's public funds. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity with all State and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred to as the "City." The primary objectives, in order of priority, of the City's investment activity shall be: • Safety of principal is the primary objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. • Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. It is understood that all investments shall be made with judgment and care, under circumstances then prevailing, by persons with prudence, discretion, and intelligence acting as they would in the management of their own affairs, not for speculation, but for investment, as well as considering the probable safety of their capital and the probable income to be derived. As noted in the policy, authority to manage the City's investment portfolio is derived from the City's Municipal Code. Management responsibility for the investment f program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer is required to establish and implement a system of internal controls to maintain the safety of the portfolio. The internal control system will also ensure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. This year's policy includes a new section which allows the use of an outside portfolio manager. Before the retention of the manager, an RFP would be brought forward to the City Council for its consideration. In addition, the City Attorney has indicated that an amendment to the City' s Municipal Code is necessary to specifically authorize the retention. Section 3.08.010 delegates "the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping ... to the city treasurer." Prior to the actual retention of a portfolio manager, the City Attorney recommends that an amendment be made to the Municipal Code to clarify that the retention of a portfolio manager is authorized. The City must also place limits and safeguards upon the investment manager's decision -making power. Under state law, a city council may invest city funds not required for its immediate needs. (Gov. Code § 53601 [listing permissible investments].) A city council may delegate this investment authority to its duly appointed city treasurer. (Gov. Code § 53607.) A California Attorney General ("AG") Opinion reported at 79 Op.Atty.Gen.Cal. 88 (1996) provides guidance as to the hiring of investment managers. The situation at issue in the AG Opinion was the the county treasurer's authority to contract with an investment manager to invest funds which were in the custody of the treasurer. The manager would be given the authority to select, purchase, and sell individual securities. The AG held that this arrangement would not violate state law "if the treasurer exercises prudence in the selection of the manager and imposes safeguards to prevent abuse in the exercise of discretion by the manager. The treasurer would remain responsible for any investment decisions made by the manager." While the AG did not specifically discuss what "safeguards to prevent abuse" are suitable, in providing a general discussion on the role of the treasurer as a trustee of county funds, the AG relied upon the "prudent investor standard" as contained in Probate Code section 16052(a): A trustee may delegate investment and management functions as prudent under the circumstances. The trustee shall exercise prudence in the following: (1) Selecting an agent. (2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust. (3) Periodically reviewing the agent's overall performance and compliance with the terms of the delegation. The AG opinion states: "In deciding what as well as whether to delegate and in selecting, instructing, and supervising agents, the trustee has a duty to the beneficiaries to act as a prudent investor would act under the circumstances. The trustee must exercise care, skill, and caution in establishing the scope and specific terms of any delegation, and must keep reasonably informed in order to monitor the execution of investment decisions or plans." (79 Op.Atty.Gen.Cal. 88 [citing Rest.3d Trusts, §227, com. j (emphasis added)].) It is important to note that either the Treasurer or the City Council would remain responsible for the decisions of the investment manager, for monitoring the decisions of the investment advisor, and would be responsible for the preparation and accountability of the annual investment policy and/or audit to guide the contract investment manager. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2005/2006; or 2. Adopt a Resolution of the City Council approving the Investment Policy with changes for Fiscal Year 2005/2006; or 3. Do not adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2005/2006; or 4. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director 203 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executive Summary of Proposed Changes 2. Redline Copy of Proposed Investment Policy 0 sl"�4 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2005/2006 WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or iy eld throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the 2005/2006 Fiscal Year Investment Policy (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of 2005 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 PAGE EXECUTIVE SUMMARY 6 The amount of funds to be allowed invested between 2 — 5 years increased from $5 million to $8 million. Section XIX New Section for professional portfolio Manager Appendix Appendix H New appendix includes request for proposal for portfolio manager. Appendix I Permissible investment chart for FY 05/06 differentiates between investments that are allowed by the City Treasurer and those allowed for the portfolio manager. ATTACHMENT 2 CITY OF LA QUINTA Investment Policy Table of Contents Section Topic Pace Executive Summary 2 I General Purpose 4 II Investment Policy 4 III Scope 4 IV, Objectives 4 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Maximum Maturities 6 VI Prudence 6 Vll Delegation of Authority 6 Vill Conflict of Interest 7 IX Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions X Authorized Investments and Limitations 8 X1 Investment Pools 12 XII Payment and Custody 13 XI11 Interest Earning Distribution Policy 13 XIV Internal Controls and Independent Auditors 13 XV Benchmark 15 XVI Reporting Standards 15 XVII Financial Assets and Investment Activity Not Subject to this Policy 16 XVIII Investment of Bond Proceeds 16 16 Investment Advisory Board - City of La Quinta 16 Investment Policy Adoption 17 Appendices: A. Summary of Authorized Investments and Limitations 18 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 20 D: Segregation of Major Investment Responsibilities 22 E. Listing of Approved Financial Institutions 23 F. Broker/Dealer Questionnaire and Certification 24 G. Investment Pool Questionnaire 29 ?�! 1` Iy � City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages or dollar limitations and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateralization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third. party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council, except the projected annual dollar amount as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all the pages. City of La Quinta Statement of Investment Policy July 1, 2004 through June 30, 2005 Adopted by the City Council on June 17, 2004 GENERAL PURPOSE The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. II INVESTMENT POLICY It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. III SCOPE This Investment Policy applies to all cash and investments, except as further detailed in Section XVII of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Enterprise ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks 1. to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business with; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest Rate. risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit quality security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed n�OW 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V MAXIMUM MATURITIES It is the policy of the City of La Quinta to hold securities and other investments of cash in financial instruments until maturity, thus avoiding the risk that the market value on investments fluctuates with overall market interest rates. The hold until maturity policy shall not prevent the sale of a security to minimize loss of principal when the issuer or backer suffers declining credit worthiness. The hold until maturity policy requires that the City of La Quinta's investment portfolio is structured so that sufficient funds are available from maturing investments and other sources to meet anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reasonably accurate, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2005/06, the amount of such funds was $8 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. For all other funds, investments are limited to two years maximum maturity. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VII DELEGATION OF AUTHORITY Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. VIII CONFLICT OF INTEREST Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for direct investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for direct investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements; ► Proof of National Association of Security Dealers Certification; ► Trading resolution; IN. Proof of California registration; ► Resume of Financial broker; and ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy. The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial 'institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 110% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateralization in public monies. X AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. K. STATE OF CALIFORNIA AND CITY OF LA .QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601.1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years, except the projected annual dollar amount, as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 25% of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • _ Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds and Government National Mortgage Association (GNMA) securities directly issued and backed by the full faith and credit of the U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues and GNMA to 100% of the portfolio. • U.S. Government instrumentalities and agencies commonly referred to as government sponsored enterprises (GSEs), issuing securities not backed as to principal and interests by the full faith and credit of the U.S. Government. Publicly owned GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSEs include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB). The City of La Quinta Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB. and FFCB and has a limitation of $10 million face amount for each issuer. Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. . U Commercial Paper - As authorized in Government Code Section 53601(g), 15% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P 1) as rated by Moody' s or Standard and Poor' s, with maturities not to exceed 270 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta' s Investment Policy follows The Government Code with the following additional limitations: (1) maximum maturity per issue of 90 days and (2) a maximum of $3 million per issuer. Negotiable Certificates of Deposit - As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements -As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term " reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53.601 0), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency' s portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy allows investment in corporate notes authorized by the Government Code with the following limitations: No. Maturities shall conform with Section V. ► Eligible notes shall be regularly quoted and traded in the marketplace. ► Eligible notes shall be rated. "AA" or "AAA" on the date of acquisition. ► Total investment shall not exceed 15% of the portfolio, and ► The maximum aggregate investment shall not exceed $3 million face amount for each issurer. Diversified Management Companies - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds, which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency' s portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateral ization will be required for Certificates of Deposits in excess of the y` FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateralization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. XI INVESTMENT POOLS There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $40 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. XII PAYMENT AND CUSTODY The City shall engage qualified third party custodians to act in a fiduciary capacity to maintain appropriate evidence of the City's ownership of securities and other eligible investments. Such custodians shall disburse funds, received from the City for a purchase, to the broker, dealer or seller only after receiving evidence that the City has legal, record ownership of the securities. Even though ownership is evidenced in book - entry form rather than by actual certificates, this procedure is commonly accepted as the delivery versus payment (DVP) method for the transfer of securities. XI11 INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. 1. Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an. amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. e0,1` 0 iW f. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The management letter comments pertaining to cash and investment activities and the.City Treasurer's response shall be provided to the City's Investment Advisory Board for ti their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. XV BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. XVI REPORTING STANDARDS SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. AB 943 requires that the December 31' and June 30" Treasurers Reports be sent to the California Debt and Advisory Commission within sixty days of the end of the quarter. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by City Treasurer. ► A listing of Purchases and sales/maturities of investments. ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity. ► Comparison of month end actual holdings to Investment Policy limitations. ► Current year and prior year monthly history of cash and investments for trend analysis. 10. Balance Sheet. ► Distribution of cash and investment balances by fund. ► A comparison of actual and surplus funds. ► A year to date historical cash flow analysis and projection for the next six months. ► A two-year list of historical interest rates. XVII FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY The City's Investment Policy does not apply to the following: • Cash and Investments raised from Conduit Debt Financing; • Funds held in trust in the City's name in pension or other post -retirement benefit programs; • Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; • Short or long term loans made to other entities by the City or Agency; and Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency. XVIII INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to, provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. XIX PROFESSIONAL PORTFOLIO MANAGER With the Approval of the City Council, the City may engage a professional investment portfolio manager(s) OF advisers to assist the City Treasurer administer the delegated authority to manage and invest the City's Funds. The investment portfolio managers will be approved by City Council based upon a request for proposal MM or advisers as outlined in ffifill= &4. Before engagement by the City, except as may be specifically waived or revised, the professional manager or advisor shall commit to adhere to the provisions of the City of La Quinta Investment Policy and shall deeurnent bodies. Such managers maybe granted the discretion to purchase and sell investment securities in accordance with this Investment Policy 01 INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of five members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor' s comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. MM INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. AB 943 requires that the Investment Policies be sent to the California Debt and Investment Advisory Commission within sixty days of a change to the Investment Policy. Appendix A 3 n o �- s -Qm o > > o a y U a m � o ¢ « m h m m a « rn ' m c d E Eo m m `m m m m m i• °' v N d o TN�NN >, a � t7 a m N E U m g o m o 16 so s E o o s w o o_ o o o oaeale\ t-E"� o 'E gQQQQ oO2525 oo? a 00'2 gE a a a a�ggo any a aN= z g� n m o m g g o0 00 m 0 M in m o m C j a N mx n v3i s a m "c m A E 9 o m o o W N C LU uU u E c w o - E m « E U Z m ,= 'm_ a .c $ m LL wo a �,coo m etl V) D- a c Z _ NU o c:_ c a uEu11 - 1 c m - U E m. pm m mrnz$E o f E M E oEZT o E m ° C r > o rnE U C o m 4 E.gt E m o m L m N (n O(� LL LLLL LL � O Oc O N O a m N Nl M V N t0 y 3 o 0 5 g 0 o 0 E o c o y N Z n LL = E 4 n y v w n 0) ° E O EN m w c 40 c ak a d '°35EwcN _ .3 c E a o c m u Of O �` m y '�Q °'2oJ-6w U m o u"mLL t mm @ m o L 2r Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the"board") is a standing board composed of five (5) members from the public that are appointed by city council. La Quinta residency is required except for Board Members currently serving on the Board as of June 30, 2003. C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020 Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030 Board functions., 1. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. 2. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. .Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in. the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 2d7 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be. administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) n Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Manager or Treasurer Confirm wires, if applicable Accounting Manager or Financial Services Assistant Record investment transactions in City's Accounting Manager or. accounting records Financial Services Assistant Investment verification - match broker confirmation City Treasurer and Financial to City investment records Services Assistant Reconcile investment records - to accounting records and bank statements Financial Services Assistant Reconcile investment records - to Treasurers Report of investments Accounting Manager Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 223 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services - Wells Fargo Bank, Government Services, Los Angeles, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch, Los Angeles, CA Morgan Stanley, Los Angeles, CA CitiGroup, Newport Beeeh, GA M 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1998 RDA Project Area 1 &2 - US Bank 2001 RDA Project Area 1 - US Bank 2002 RDA Project Area 1 - US Bank 2003 RDA Project Area 1 - US Bank Assessment Districts - US Bank No Changes to this listing may be made without City Council approval a30 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: (_) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) • U.S. Treasuries % Repos • BA's % Reverse Repos • Commercial Paper % CMO's % CD's % Derivatives % Mutual Funds % Stocks/Equities Agencies (specify): % Other (specify): G. 231 9. References - Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone Client Since Entity Contact Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. 12. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken Do you have any current or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. - Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes No If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? G 233 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. Please list your NASD Registration Number_ 22 Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No_ 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: 0 Latest audited financial statements. 0 Samples of reports, transaction confirmations and any other research/publications the City will receive. 0 Samples of research reports and/or publications that your firm regularly provides to clients. 0 Complete schedule of fees and charges for various transactions. * **'CERTIFICATION I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any *and all background checks. G 234 Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Date_ Sales Date Representative Title Manager and/or• Managing Partner* Title Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) d. How are, gains/losses reported? Factored monthly or only when realized? �' 236 REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager, monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? b. The method used to value the portfolio (cost, current value, or some other method)? (, i 2.37 OPERA TIONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. . What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? STA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. G� 238 1. Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? G Z 3.9 Appendix H Request for Proposals Investment Advisory Services City of La Quinta, CA The City of La Quinta, CA is soliciting Requests for Proposals (RFP) from interested firms for the provision of a investment management services for City of La Quinta, CA. The Wane of the invested assets is The investment of City of La Quinta, CA's funds is guided by the applicable State statutes and the City of La Quinta, CA's investment policy. A copy of the investment policy is attached for your information. Questions regarding this RFP should be directed to: Name: John M. Falconer Title: Finance Director/Treasurer City of: La Quinta, CA Address: 78-495 Calle Tampico City, State Zip Code: La Quinta, CA 92253 Phone Number: (760)777-7150 I. CRITERIA FOR EVALUATION AND SELECTION H. SELECTION TIMETABLE A. [Month Day, Year] Proposals due by [Time] PST. B. [Month Day, Year] Proposals evaluated: to be determined C. [Month Day, Year] [City of La Quinta, CA] [Board/Council] approves 240 selection and awards contract. III. FORMAT FOR PROPOSALS Please format your response to this RFP in the following manner: A. Organization 1. Describe your organization, date founded, ownership and other business affiliations. Provide number and location of affiliated offices. Specify the number of years your organization has provided investment management service. 2. Describe your firm's revenue sources (e.g., investment management, institutional research, etc.) and comment on your firm' s financial condition. 3. Within the past three years, have there been any significant developments in your organization (e.g., changes in ownership, new business ventures)? Do you expect any changes in the near future? 4. Describe any U.S. Securities and Exchange Commission (SEC) censures or litigation involving your organization, any officer, or employee at any time in the last ten years. 5. Describe the firm's fiduciary liability and/or errors and omissions insurance coverage. Include dollar amount of coverage. B. Personnel 1. Identify the number of professionals employed by your firm by classification. 2. Provide an organization chart showing function, positions, and titles of all the professionals in your organization. 3. Provide biographical information on investment professionals that will be involved in the decision -making process for our portfolio, including number of years at your firm. Identify the person who will be the primary portfolio manager assigned to the account. 4. Describe your firm's compensation policies for investment professionals and address any incentive compensation programs. t 241 C. Assets Under Management 1. Summarize your institutional investment management asset totals by category for your latest reporting period in the following table: Number Operating Funds Number of Other Funds Other of Clients Clients Restrictive Funds Governmental Governmental Pension Non Governmental Pension Corporate High Net Worth Client Endowmental/Founda tion 2. Provide the number of separate accounts whose portfolios consist of operating funds. 3. List in the following table the percentage by market value of aggregate assets under all governmental accounts under management for your latest reporting period: Type of Asset Percent by Market Value U.S. Treasury securities Federal Agency obligations Corporate securities rated AAA -AA Corporate securities rated A Corporate securities rated BBB or lower Other (specify. ) G, 242 4. Describe the procedures that your firm has in place to address the potential or actual credit downgrade of an issuer and to disclose and advise a client of the situation. 5. Provide data on account/asset growth over the past five years. Indicate the number of government accounts gained and the number of government accounts lost. 6. List your five governmental largest clients. Identify those that are exclusively operating fund relationships and/or those that are other relationships (e.g., bond fund, retirement fund). 7. Provide a copy of the firm's Form ADV, Parts I and II (including all schedules). 8. Provide proof of State of California Registration, if your firm is not eligible for SEC registration. 9. Provide a sample contract for services. D. Philosophy/Approach 1. Describe your firm's investment philosophy for public clients, including your firm's philosophy regarding average duration, maturity, investment types, credit quality, and yield. 2. Describe in detail your investment process, as you would apply it to City of La Quinta, CA's portfolio. 3. What are the primary strategies for adding .value to portfolios? 4. Describe the process you would recommend for establishing the investment objectives and constraints for this account. 5. Describe in detail your process of credit risk management, including how you analyze credit quality, monitor credits on an ongoing basis, and report credit to governmental accounts. 6. Describe your firm's trading methodology. 7. Describe your firm's decision -making process in terms of structure, committees, membership, meeting frequency, responsibilities, integration of research ideas, and portfolio management. 8. Describe your research capabilities as they would pertain to governmental accounts. What types of analysis do you use? 9. Describe the firm's approach to managing relationships with the broker - dealer community. E. Portfolio Management 1. Are portfolios managed by teams or by one individual? 2. What is the average number of accounts handled per manager? 3. Which professional staff member will be the primary client contact for City of La Quinta, CA? 4. How frequently are you willing to meet with us? 5. Describe procedures used to ensure that portfolios comply with client investment objectives, policies, and bond resolutions. F. Fees Charged 1. Please include a copy of your firm's fee schedule applicable to this RFP. 2. Identify any expenses that would not be covered through this fee structure and would be required in order to implement the firm's program. 3. Is there a minimum annual fee? G. Performance Reporting _ _ _- • • •LWAWMWLV WJ (244 4. Indicate whether your returns are calculated and compiled in accordance with the Association for Investment Management and Research (AIMR/CFA Institute) standards. 53. Do your reports conform reporting standards? Are you willing to customize your reports to meet our specifications? 64. How will you notify us of investment transactions? 7-5. Are confirmation of investment transactions sent directly by the broker/dealer to the client? 8. Do your reports include rating information on investments which is required by GASB 40? H. References Provide a list of at least five (5) client references in California. References should be public agencies with portfolio size and investment objectives similar to City of La Quinta, CA. Include length of time managing the assets, contact name, and phone number. I. Insurance Requirements Exhibit A defines the insurance requirements that will need to be met prior to the [Board/Council]'s approval of any agreement for services. J. Submittal of proposals 1 . Seven (7) e# copies of the proposal shall be submitted in a sealed envelope bearing the caption RFP for (City of La Quinta, CA) and addressed to:\ City of La Quinta, CA 78-495 Calle Tampico La Quinta, CA 92253 Attention: John M. Falconer, Finance Director/Treasurer 2. Proposal must be received no later than [Time] PST on [Month, Day, Year]. 3. Proposals should be verified before submission. The City of La Quinta, CA shall not be responsible for errors or omissions on the part of the respondent in preparation of a proposal. The City of La Quinta, CA reserves the right to reject any and all proposals, to wave any irregularities, or informalities in the proposals, and to negotiate modifications, to any proposal. Enclosures: Investment Policy Treasurers Report L 246 Appendix I iZ- G v C U 0 0 0 0 0 0 0 o w w w w w w w w w w w w z z z z z z z z r>- >- >- } r >- r >- r >- } 0 0 0 0 0 0 0 w w 0 0 0 0 w w w w w w w Z Z Z Z Z Z Z r >- Z Z Z Z >• r >- >- >- >- >- 4) a) `` 0 0 II u. m C C = O O O O O O O O Qa O O 3 O O z Z m Z z Z z Z z Z 2¢ Z z Q Q z z O_ O a O m n Q o m t m w 0 _a `o m m m m- m m m m m m m m o C C C C 7 C C C o c c c C C o = c 0 0 0 0 0 0 0> O o 0 0 co N Z 0 o 0 Z Z Z Z N> Z Z Z V co N Z Z M N Z Z m m m m m m m m m m m m m m m m m T N O O O o0D >` O T >. T O ID >. O >� >. U) tO t0 a Z Z Z t0 Z tO t0 N N t0 Z t0 to y C y O C y m m w y E C w o 0 a (a) N U O y m y y 0 m c Q m _ a C m ID O y @C • Qm E Q m yO 0 Q UO 0) m O) > C 3 NO O) C m Q ZO m m cr U) m C m E U oQ °aE n -0 m� on m U 'FA m 0 O N C Q Uy U LL m CO) =mN mNmLLm Q 2 y=LL O Q E 7 216 3 m C-C O 2 m m y 0 0> U 7 -jy C 0) E J w d' U U U co Z Q» U m m P o �. u') co co M tO V V Oi CDO o O CD CDc0 N CD C, CD CD O C) O C) O O co co co co to co a) v co co co to co to co co to to M m M M M M M cD M M M M M M M M M M tO 0 0 0 0 0 0 tO 0 tO 0 tO tO tO tO 0 t0 �- 247 Appendix J GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or 12) financial contracts based upon notional 248 amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. are issued with maturities of less than one year and interest is paid at maturity. 3. FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, 5 e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Morgages are purchased solely from the Federal home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small . Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes i; 249 (TVAs), and Student Loan Association notes (SALLIE-MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 1.2 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthrough" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted. easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party' s rights in the transactions. A master agreement will often specify, among other things, the right of the C. - 250 buyer -lender to liquidate the underlying securities in the vent of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, bander' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A. group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP. or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. G C 1251 SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored. Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. GC 252 Tay/ aF XPQumrw COUNCIL/RDA MEETING DATE: June 21, 2005 ITEM TITLE: Consideration of an Ordinance Setting the Fee for an Annual Extra Legal Load Haul Permit RECOMMENDATION: AGENDA CATEGORY: ;{ BUSINESS SESSION: ✓ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to continue the consideration of an Ordinance setting the fee for an annual extra legal load haul permit to the regularly scheduled City Council meeting of July 5, 2005. BACKGROUND AND OVERVIEW: Staff is requesting a continuance of this item to the City Council meeting of July 5, 2005. Respectfully submitted, imothy . ona s n, P.E. Public Works Dir tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager C- 253 BUSINESS SESSION ITEM: — // ORDINANCE NO. 418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS ZONING ORDINANCE AMENDMENT 2005-082 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose. The proposed Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. The proposed Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform to, the City's standards and requirements. The proposed Amendment supports the orderly development of the City and 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. SECTION 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 3. That it hereby approves Zoning Code Amendment 2005-082 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. SECTION 3. 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. 254 Ordinance No. 418 Zoning Ordinance Amendment 2005-082 Home Occupations Adopted: June 21, 2005 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 s` day of June, 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 Sea[) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 418 Zoning Ordinance Amendment 2005-082 Home Occupations Adopted: June 21, 2005 Page 3 EXHIBIT "A" 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. ordinance No. 418 Zoning Ordinance Amendment 2005-082 Home Occupations Adopted: June 21, 2005 Page 4 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 any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. G �r 257 Ordinance No. 418 Zoning Ordinance Amendment 2005-082 Home Occupations Adopted: June 21, 2005 Page 5 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. 418 which was introduced at a regular meeting on the 7th day of June, 2005, and was adopted at a regular meeting held on the 21 st day of June, 2005, 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 G � 258 V `SOFT COUNCIL/RDA MEETING DATE: June 21, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ ITEM TITLE: Discussion of Palm Springs Desert Resorts I Convention and Visitors Authority's Joint Powers STUDY SESSION: Agreement PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None associated with this Study Session. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 17, 2005, the City Council discussed the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) via a Study Session (Attachment 1). Several documents and pieces of correspondence were provided to Council at that time for background and informational purposes, including the CVA's Joint Powers Agreement and Bylaws, a summary of the CVA's 2005 budget, and letters of support from the La Quinta Resort & Club and Landmark. Council heard from Steven Morris and Gary Sherwin of the CVA and representatives from the La Quinta Resort and Landmark. Topics of discussion included: prominence of the Palm Springs name; the CVA's budget (specifically, the percent allocated to personnel); proper distribution of information; and the City of La Quinta's return on investment. On June 7, 2005, via Mayor's and Council Members' Items, a general discussion of the CVA took place again, with Council Members articulating questions, concerns, and 259 comments on numerous issues, including: • Cost/value (return on investment) Effectiveness • Satisfaction • Continued use of "Palm Springs" • $300-400,000 deficit • Personnel costs • Operational vs. marketing issues • Options: do nothing, secure changes, withdraw and work with other cities, withdraw and promote La Quinta hotels directly Council requested more information on the withdrawal process. The withdrawal process is outlined in the CVA's JPA, which can be found on pages 23 and 24 of the May 17, 2005 staff report, which is attached. Article XIII, Withdrawal of Member Organization, states that a member organization may withdraw from participation in the JPA subject to certain conditions: 1) Effective date shall be the last day of the calendar year; 2) Current annual contribution must be paid in full; 3) Annual contribution for the following year must be paid in full via the normal payment process; 4) Notice must be given at least 13 months prior to effective date of withdrawal; 5) Withdrawing member shall have no voting privileges except for budget items; and 6) A withdrawing member may become a participating member again only if it pays an amount equal to all contributions it would have paid if it had not withdrawn. Council requested the CVA be placed back on the agenda as a Study Session to allow further discussion. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager G260 Attachment: 1. Discussion of Palm Springs Desert Resorts Convention and Visitors Authority's Joint Powers Agreement (staff report of May 17, 2005) 0F1 3 AN S�;� � Fk- 4.-F nNed. JOINT POWERS EXECUTIVE COMMITTEE HOSPITALITY INDUSTRY AND BUSINESS COUNCIL TECHNICAL ADVISORY COMMITTEE MEETING AGENDA AMENDED DATE: Tuesday, June 21, 2005 TIME: 9:00 a.m. LOCATION: Rancho Mirage City Hall, Council Chambers Board Room — 69-825 Highway 111 Rancho Mirage, CA 92270 324-4511 CALL TO ORDER — Freeman ■ Pledge of Allegiance ROLL CALL — Freeman PUBLIC COMMENT — Freeman ADDED STARTERS — Freeman CVA BYLAWS — Freeman a. Regarding withdrawal and penalties associated with withdrawal b. Current by-laws on CVA Executive Committee membership CVA AS A GOVERNMENT BODY — Freeman CVA AND BROWN ACT REQUIREMENTS — Freeman CVA REORGANIZATION — Freeman a. Does the CVA continue to operate status quo b. CVA Governing Board restructuring c. Disbanding on the I IIBC board as it is currently known d. Outsourcing current CVA functions to the private sector if appropriate e. Commitment from the member cities and county to continue to fund the CVA f. CVA reinvented as not for profit model — pluses and minuses g. Status on our CEO recruitment and comment — Ramos Watson h. Movement of meeting day other than Tuesday CVA MANAGEMENT AUDIT/CVA BUDGET UPDATE — Freeman a. What has the Board done to address all 20 items b. Is our budget balanced Page 2 AD HOC COMMITTEE ON FUTURE OF THE CVA AND OR A SUCCESSOR ORGANIZATION — Freeman a. Chair to appoint two Co -Chairs of the Ad -Hoc Committee b. Membership of Ad -Hoc Committee to be no more than 15 c. Business, industry, public, and governmental Ad -Hoc Committee membership d. Report and recommendation from the Ad -Hoc Committee provided at each JPA meeting e. Committee report and recommendations return to JPA Executive Committee in 90 days (September 2005) f Implement and restructuring of CVA or successor no later than December 2005 COMMENTS - Freeman FUTURE MEETING DATE AND LOCATION - Freeman ADJOURNMENT - Freeman ACTIONS WE CAN TAKE IF WE CONTINUE TO NOVEMBER 30*: (1) Put the CVA on notice if we are not satisfied with their solving the current problems that exist - we can act to withdraw from the JPA in November 2005. (3) Providing all cities and certainly La Quinta total disclosure on finances, what the personal work requirements are and all others pertinent information. (4) To show how they (the JPA) has directly benefited the city of La Quinta for the past 3 years a real cost to benefit report. (5) Make aggressive effort to change the name of the organization (JPA) to a more generic Coachella Valley/Desert Resorts Convention and Visitors Authority - then listing all participating cities in equal bold print in alphabetical order. (b) Indicate to our sister cities our firm desire to see prompt, positive changes and failing to accomplish those, meaningful changes to work with other cities to form a new tourist promotion agency! (7) Schedule for the I' council meeting in. November an update, a status report, meaningful discussion and possible action. Attachment 1 �i Of COUNCIL/RDA MEETING DATE: May 17, 2005 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Discussion of Palm Springs Desert Resorts / Convention and Visitors Authority's Joint Powers STUDY SESSION: Agreement PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None associated with this Study Session. Based on the latest year-end report, the City of La Quinta's contribution to the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) for year ending December 31, 2003 was $481,261.21 (Attachment 1). Annual contributions are based on transient occupancy tax (TOT) projections and a specified CVA formula. Currently, TOT earned by the City is calculated at 11 % of all taxable gross hotel room rentals for convention hotels (with conference facilities) and at 10% for non -convention hotels. The CVA receives a portion of these TOT funds based upon a formula discussed under the Background and Overview Section. The City makes four estimated payments during the year and then receives or makes a final reconciliation payment to arrive at the agreed upon amount. The next reconciliation process for the CVA year ending December 31, 2004 is scheduled for July of this year after the CVA audit is complete and the final TOT amounts for each jurisdiction are determined. CHARTER CITY IMPLICATIONS: None. 4 BACKGROUND AND OVERVIEW: On May 3, 2005, the City Council briefly discussed the CVA under Mayor's and Council Members' Items. Questions surfaced regarding the City of La Quinta's contribution to the CVA and the returns on that contribution. Council Member Henderson, the Council's representative on the CVA, provided a brief history and update. A general consensus emerged that a review of the CVA's Joint Powers Agreement was desirable and appropriate in order to allow more in-depth discussion. By way of background, staff is providing the Council with copies of the CVA's Joint Powers Agreement (JPA) and Bylaws which were first approved in 1989, the same year the CVA was formed (Attachment 2). Among other things, the JPA establishes the CVA's purpose: "...to jointly encourage, promote ... all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from the world-wide market, all to the benefit of the member organizations and their citizens. It also establishes a two -tiered formula by which each member organization contributes to the CVA via transient occupancy tax (TOT). Currently, the formula used to calculate CVA contributions is as follows: .6% of TOT for non - convention hotels, and 1.46/o of TOT for convention hotels (i.e., hotels that have'a minimum of 125 rooms, meeting space for 125, and existing group sales personnel). The formula is applied to the TOT projections prepared every year for budget purposes. Subsequently, an estimated CVA contribution is included in the annual budget for Council consideration. Staff contacted the La Quinta Resort & Club, as a key stake holder, regarding its working relationship with the CVA. In response to the inquiry, the Resort issued a letter to the Mayor dated May 6, 2005 summarizing some of the benefits the _Resort receives from the CVA (Attachment 3). A representative from the Resort indicated they received several calls from "other sources" intimating that the City of La Quinta was "looking at pulling away from the CVA. Staff issued a letter in response advising that the City Council had not given staff such direction (Attachment 4). Staff also contacted the CVA and consulted with Gary Sherwin, Vice President of Market Development. The CVA submitted a summary of their 2005 Budget (Attachment 5), which is approximately $5.434 million with an approximate. breakdown as follows: Advertising: $1.629 million; Personnel: $3.038 million; Capital Expenditures: $356,000; Other Expenses: $411,000. Mr. Sherwin encapsulated the CVA's charge as a global marketing effort to entice people to "pick this region and not the competition... markets like San Diego, Las Vegas, and Phoenix/Scottsdale." He . also advised that the La Quinta Resort & Club takes advantage of numerous CVA programs and referrals, and leverages their advertising efforts, for example, in the Los, Angeles Times. Mr. Sherwin is prepared to share other information with the City such as the CVA's goals and a list of business leads for La Quinta. However, such information is not part of this staff report due to time constraints. 263 5 As a final piece of correspondence, staff is including a letter of support from Judy Vossler, Vice President of Landmark (Attachment 6). Ms. Vossler prepared the letter as golf course operator of the Arnold Palmer Classic Course at SilverRock and active (non -voting) member of the CVA's JPA. The La Quinta Resort & Club and CVA have been advised of this meeting and Study Session. Both have indicated they will have representatives present. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: v Thomas P. Genovese, City Manager Attachments: 1. CVA Year -End 2003 TOT Recap 2. CVA Joint Powers Agreement and Bylaws 3. Letter from the La Quinta Resort & Club dated May 6, 2005 4. Response letter to Resort dated May 9, 2005 5. Summary of CVA 2005 Budget 6. Letter from Judy Vossler dated May 10, 2005 G 264 C.1 PALM SPRINGS DESERT RESORTS® CONVENTION AND VISITORS AUTHORITY July 2, 2004 John Falconer Director of Finance City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attachment 1 ne Derert Resat Coraaun ha of RVEItSH>ECoI1'. . RE: Year-end 2003 TOT Recap CNIMPAL CM Dear John: DESERT HOT SPRINGS MUN WEQS As a result of our annual audit for the year ending December 31, 2003, I have M10 reconciled the actual TOT earned by the CVA to the TOT amounts paid by UQUNU your city to the CVA during the 2003 calendar year. A TOT reconciliation worksheet is attached for your review. PALM DESERT PALM SPRINGS This reconciliation is based on the information your city provided our RANCHO MIRAGE auditors, the firm of Maryanov Madsen Gordon & Campbell, CPA's, during the confirmation process of our audit. I'd like to thank you for your cooperation with our auditors, as well as, for your continued support of the CVA. A check in the amount of $38,738.79 is enclosed with this letter. If you have any questions or concerns, please do not hesitate to call me at (760) 770-9000; Ext. 1306. Sincerely, Henry E. Bolanos Director of Accounting and Administration Palm Springs Desert Resorts Convention and Visitors Authority 69-930 Highway 111, Suite 201 Hbolanos@PalmSpringsUSA.com Rancho Mirage, CA 92270- 760-770-9000 •800-967-3767 mx 760-70-Wl palmspringsusaxom Enclosure: Year-end TOT Reconciliation Worksheet Washington, DC _ Sales Office 515 Eng St, Suite 315 Alexandria, YA 22314 703-549-8026 Fex 703-519-7579 G `�'- 265 7 Palm Springs Desert Resorts CVA Year-end TOT Reconciliation Worksheet As of December 31, 2003 City: La Quinta Gross Transient Occupancy Tax (TOT) earned by the City: Convention 3,578,903.80 Non -Convention 429,406.11 Total 4,008,309.91 TOT rates in effect: Convention 11.00% Non -Convention 10.00% Funding Formula: Convention 1.40% Non -Convention 0.60% Amount billed during 2003: Amount (Due to) / Due from City 520,000.00 (38,738.79) (, 26$ 8 E - Attachment 2 PALM SPRINGS LA Qtlt A 1C DESERT RESORTS® v sT oRs AUTHORTv PALM SPRINGS DESERT RESORTS „>�Rr CONVENTION AND VISITORS AUTHORITY oft G1'ffgDRAL (Il'Y _ DESERT Wr SPRING$ INDIAN WF7J5 1010 IA QUINfA - _ PAW DESERT PALM SPIOGS JOINT POWERS AGREEMENT 69-930 HWY I I I SUITE 201. . RANCHO MIRAGE, CA 92270 760-770-9000 760-770.9601 FAx 800.9673767 - www.PalmSpringsUSA.com' - - - - Last Amended July 30, 2001 wnsHQicroN, D G SKIZOITICE 115 NORTH FAMAX ST, SUITE 300 ALEXANDRIA, VA 22314 267 703-549-8026 703-519-7579EAX 9 *Ak of FILENO. CAI IFO RM\ jrrr YAJIY$�J}� LIY IF4ip�. FILED., VVV VVV U ow Office of the Se Of the State of CalifamiaSlate AMENDMENT TO A JOINT POWERS AGREEMENT (Government Code Section 6503.5 or'6503.7) JUL 3 0 2001 Instructions:, 1. Complete and mail to: Secretary of State, BILLJONES,YotStato P.O. Box 944225, Sacramento, CA 94244-2250 (916) 653-3984 2. Include filing fee of S;-.W. $1,00. (office use only) -------------- 3. Do not include attachments. Date of filing initial notice with the Secretary of State: May 19, 1989 ---------------- File number of initial notice: 963 Name of Joint Powers agreement: Palm. Springs Desert Resorts Convention and Visitors Bureau Mailing Address: 69930 Hwy. 111, Suite 201, Rancho Mirage, CA 92270 Complete one or more boxes below. The agreement has been amended to: [ ) Change the parties to the agreement as follows: [XX] Change the name of the administering agency or entity as follows: Palm .Springs Desert 'Resorts Convention and Visitors'Authority. [ ] Change the purpose of the agreement or the powers to be exercised as follows:" [ ] Change the short title of the agreement as follows: ( ) Make other changes to -the agreement as follows: Z/ _ .F\GE Op ~'Signature f�, . _ vJ Yr Terri Milton, Recordin i t..' {11 Typed Name and Title Sec/State Form LP/SF-404A Rev. 8/95 �fnfe of aftf o a FILE NO. FILED *rubgIn the ofiicz o1 the Secretary of State °,�FoaMof the State of California. AMENDMENT TO A JOINT POWERS AGREEMENT J' 1996 (Government Code Section 6503.5 or 6503.7) Instructions: 1. Complete and mail to Secretary of State, BILL JDPIES, Seery cl State P.O. Box 944225, Sacramento, .CA 94244-225.0 (916) 653-3984 2. Include filing fee of $5.00. (Office use Only) 3. Do not include attachments. Date. of filing May. initial notice with the Secretary of State: y .19, 1989 File number of initial notice: 963 Name of Joint Powers agreement Palm Springs Desert Resorts Convention 4 Visitors Bureau Mailing Address. 69930 Hwy. 111. Suite 201. Rancho Mirage, CA 92270 Complete one or more boxes below. The agreement has been amended to. X) Change the parties to the agreement as follows: Ci ti es of Cathedral City, Desert Hot Springs, Indian Wells, Indio. La Ouinta, Palm Desert, Palm Springs and Rancho Mirage and that portion of Riverside County located within the..Coachel 1 a Valley [ ) Change the name of the administering agency or entity as follows: [ ]'Change the purpose of the agreement or the powers to be exercised as follows: [ ) Change the short title of the agreement as follows: ' [XX] Make other changes to the agreement as follows: Change from fiscal to calendar year of operation change voting privlidges of County representative and add provision for an Inactive member. Signature . Terri M. Woolston Recording Secretary Typed Name and Title Sec/State Form LP/SF-404A Rev. 4/95 C . Date of filing initial notice with the. Secretary of. State: May 19, 1989 File number of initial notice: 963 Name of Joint Powers Agency: PALM` SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU Mailing Address. 69-930 Highway 111, Suite 201 Rancho Mirage, Cal i fo.rni a 92270 Complete one or more boxes below. The agreement has been amended :to Q X I Change the parties to the agreement as follows:' Del eti ng the City of Desert 'Hot. Spr.i ngs [ ] Change the name of the adrainisterin i " Q follows: y [ ] Change the purpose of the agreement or the powers to be exercised as follows: [ ] Change the short title of the agreement as follows: [XX] Vlake other changes to the agreement as follows:ARTICLE I, Definitions; Pages 1-3; ARTICLE X, Designation of Treasurer and Auditor, Pages 8-10; ARTICLE XI; Contributions, page 11; ARTICLE XIII, Withdrawal o Mem er Or an'zation, Pages Date: Lost 13 1 qqI - i re Terri M. Woolston, Recording StgetaZy7() Typed Name and Title �. 5 33 FILE NO: Marro Yong Ku yo _ ��FoaN' �rcre#ttr� of �#tt#r i L E D - - - - - in Yh,.. OHice of-Tho socretci f Of JtG>'e AMENDMENT -TO A JOINT POWERS AGREEMENT of tho State of Califomi4 (Government Code Section 6503.5 or 6503.7) AUG 2 2 1990 Instructions:t . ONG EU, Secietary 1. Complete and mail to: Secretary of State, of State { t;,tli'{c l T P.O. Box 704, Sacramento, CA 95812-0704 (916) 324-6778 2. Include filing fee of $5.00. (Office Use Only)' 3_: Do not include attachments. Date of filing initial notice with the Secretary of State: May 19, 1989 File number of initial notice: 963 Name of joint Powers agreement: JOINT POWERS` AGREEMENT Creating the Palm Springs Desert Resorts Convention and Visitors Bureau Mailing Address- The Atrium Design Center, 69-930 Highway 111, Suite 201 Rancho Mirage, California W270 Complete one or more boxes below. The agreement has been amended to: [XX] Chan e the parties to the agreement as follows: ARTICLE III, line 23 to include.- "A city that qualifies.as a member organization (ARTICLE I),:has signed the Joint Powers Agree nt and has made the rescribed contribution to the Bureau may become.an active memb b a t�w�O-hir 2�hf theentir �ner�e�shjp ?T thj Executive Commii;tee.an ,,T$lbse en ra f c.e_overnin o o, a ac ive member organizationChange aname c the a�joxoge mmist rmg ag ncy, or en ty as o ows: a [XX] Change the purpose of the agreement o t a exercised as follows: ARTICLE IX. PagP 7. line 2 to read: "Business Counci d of l7 private and. associate members for three year staggered terms." [ ] Change the short title of the agreement as follows: [XX] Make ot�er change to the areement as follows: ARTICLE XI, CONTRIBUTIONS, Page 10, line 3 to rea "for tle quay er starting six 6 months prior to the current quarter of lodging..." AND line 8 to read," organizations shall be $10 000 annually or 0.55% of said sales, whichever is..." f Signature Terri M. Woolston,. Recording Secretary Typed Name and Title , C: E 271 t l Sec/Stote Form LP/SB-404A Rev. 2/B8 ESD I e� •� s5fttfP of (ITFilifnmitt FILE IJO. Marro Yang u 9errrtary of tatr FILED In the office of the Secrctary of State NOTICE OF A JOINT POWERS AGREEMENT of the State Of, Califonua (Government Code Section 6503.5 or 6503.7) MAY 19 1989 Instructionsc 1. Complete and mail to: Secretary of State, UMM FONG EU. Seaefary if State P.O. Box 704, Sacramento, CA 95812-0704 (916) 324-6778 2 Include filing fee. of $5.00. (office Use Only) 3. Do not include attachments, unless otherwise specified The name of the agency or entity created under the agreement and. responsible for the administration of the agreement is Palm Springs Desert Resorts Convention and Visitors Bureau .' Mailing address: Ai-roort Park Plaza, 255 N. El Cielo Road, Palm rind, CA 92262 Provide a short title of the agreement if applicable: .JOINT POWERS AC RMAENT Creating the Palm Springs Desert Resorts Convention and Visitors Bureau The public agencies party to the agreement are: (1) City of Cathedral City (4) City- of La Qtiinta (7) City of Parclic Mirage . (2) City of Didian Wells. (5) City of Palm - rt (3) City of Indio i of Palm Springs if more space is needed, continue on a se ttach it to this form: = -The effective date of the agreement is: Feb 0 �1989 Provide a condensed statement of the agreement's purpose or the powers to be exercised: This Agreement is entered into by the menber organizations, as parties hereto, to jointly encourage, Pr r be the greates extent possible, all aspects of the hospitality, convention and tour' :industry in i to the benefit of the member organizations and their c' a Signature MIC9AEZ E. FIFE Executi•re Director Typed Name and Title f r PALM SPRINGS PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU DESERT RESORTS T14-Y"4-rol." P4" JOINT POWERS AGREEMENT Cathedral City. Indian Wells Indio h Quints Palm Desert Palm Springs Rancho Mirage' 1 _ C O N V E.N T 1.0.14 A N D- . V 15 1 T O.It 5- E U It E A U T H E A T R I U M .69.930 HWY 111. SUITE 201 . -. RANCHO MIRAGE. CA 92270 -. - .. Revised July 14, 1995 :' ._ 6 1 9 -- 7 7 0. -. 9 O 0 0- 629.770-9001 FAX -- - - Approved -IL ,1995 0 0 0- 9 6- R E S O It T-S - W A S H I- N G T O -N. D. C. S A L E S O. F F I C E _ - - I l 2 73 -. 42) KING ST., SUITE 222 - - - - _. ALE%A NDIt IA.. VA 22.3 .I4 - - - - 7 0 3- 3 4.. 9 • 8 0 2 6- 7 0 55 4 9. 4 7 4 9 F,A.X - 15 ,�-- 1. 2 3 4. 5 6 7 8 9 10 11 -12 13 14 15� 16 17 18 19 20 21 22 23 24 25 26 18 u 19 i t appointing member organization. When a committee member or alternate. committee member is 2 no longer a member of the governing body of the appointing organization, membership on the 3 Executive Committee shall automatically terminate.. Any vacancy on the. Executive Committee 4 shall be promptly filled by the appointing member organization. s ARTICLE IX 6 POWERS AND DUTIES OF EXECUTIVE COMMITTEE The Executive Committee shall exercise all the powers. and conduct all the business of the - _ s Bureau, either directly by or b delegation of authority as the Executive Committee deems tY 9 appropriate. The Executive Committee shall adopt bylaws to provide for the organization and to. administration of the Bureau. The bylaws shall be adopted by a majority vote of all the members t 1 of the Executive. Committee and may thereafter be amended in like manner, except as more 12 restrictive requirements may appear in.said bylaws. The Executive Committee shall approve and 13 adopt a budget for the Bureau by November 30th of each year for the LCwalgeDndar ear beginning 14 January I st of each year. The Executive Committee shall appoint a hospitality Industry and 15. Business Council comprised of 17 private and associate members for three year staggered terms: 16 The Executive Committee shall beadvised on all matters by a Technical Advisory Committee 17 comprised of one city manager/administrator from each member organization. The Executive -igl Committee shall hire a President who shall be a professional manager to organize all affairs :of 19 the Bureau. The Executive Committee may create such other committees as it deems necessary 20 to achieve the purposes and intent of this Agreement as required by law. 21 22 23 24 25 26 ARTICLE X DESIGNATION OF TREASURER AND AUDITOR The Executive Committee shall designate a Treasurer and one or more Deputy Treasurers. The Office of Treasurer may be held by President. 2'7 8 20 1 2 3 4 5 6 7 8`. 10 .. 11 12 13 14. 15 16 17, 18 19 20 21 22 23 24 25 26 21 1 2 3 4 5 6 7.. _g. 9: 10 11 12 13 14 IS - 16 17 18 19 20 21 22 23 24 25 26 22 19 20 1 21 22 23 24 25 26 prior to June l 1996-.the annual contribution for -the next following fiscal year must be paid in 2 the usual manner for such payments. 3 4Notice of withdrawal must be given not less than thirteen months prior to the effective date of 4 withdrawal. For example, notice must be given prior to_January 1 to effect withdrawal at the s end of the next following Salmi Year. Notice given betweenJanu= land December 31 6 shall be effective at the end of the second following palendar year. 5. After giving notice of withdrawal, a withdrawing member shall not have voting privileges on s the Executive Committee except for operating budget items during the next thirteen months. 9 6. A withdrawing member organization may again become a participating member of this Joint 10 Powers Agreement on condition that it pay to the treasury.of the Bureau an amount equal to 11 . all contributions which the. member organization would have paid if it had not withdrawn 12 . from participation. Private members may remain active members as long as the government . . 13 entity is a member and during the period of withdrawal from the Joint Powers Agreement. 14 1 s . ARTICLE XIV 16 . APPROVAL OF NEW MEMBER ORGANIZATION 17 A new member organization must be approved by vote of two-thirds of the entire membership of 18 the Executive Committee and subsequent ratification by the governing bodies of two-thirds of 19 the member organizations, provided that a Resolution outlining the jurisdiction; initial 2U. contribution and continuing contribution be approved by both the applicant and two-thirds of the 21 Executive Committee. 22 APPROVAL OF "INACTIVE MEMBER" ORGANIZATION. 23 The Ci of Desert Hot Springs, as an inactive member organization since July 1. 1992..must be 24 approved by unanimous vote of the entire membership of the Executive Committee and 2s subsequent unanimous rag ication by the governing bodies of the member organization provided 26, G _ 282 24 1 that a Resolution be approved; outlining the payment schedule for all contributions which the 2 member organization would have paid if it had not withdrawn from participation, ..ion. current 3 contribution and continuing contribution be approved by both the applicant and by a unanimous a vote of the Executive Committee. This provision will ONLY be extended to theCity- of Desert s Hot Springs for a "one -time -only" Muest Tor re -admission during the 1995-1996 fiscal year as 6 outlined in Resolution No 5 authorizing said re -admission of the City of Desert Hot Springs, . 8 ARTICLE XV - .9 CONTRACT SERVICES to Nothing in this Agreement shall be deemed to prohibit a member organization from expending t1 additional efforts and resources or_contracting with the Bureau or other entities for additional 12 services and benefits Similar to those realized from participation in this Agreement. 13 1a ARTICLE XVI Is AMENDMENTS TO JOINT POWERS AGREEMENT 16 This Joint Powers Agreement may not be amended except by a .vote of two-thirds of the entire 17 membership of the Executive Committee AND subsequent ratification by the governing bodies is of two-thirds of the member organizations, provided further that any amendment of the amount 19 of member contributions, as stated in Article XI, shall require the unanimous vote of the entire 20 active membership of the Executive Committee and subsequent ratification by the governing 21 bodies of all active member organizations. 22 23 ARTICLE XVII 24 TERMINATION AND. DISTRIBUTION OF ASSETS 25 This Agreement may-be.ternunated at any time upon election to terminate by the governing 26 23 25 r 2 3 4 5 6 7 8 9 10 ]1 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 1 1 21 3 4 5 III 6 Ili 7 8: 9 10. 12 -. 13 14 15 16 17 . 18. 19 20 21 22 23 24 25 26 2 3 4 5 6' 7 8 9: 10 1l .12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 t IN WITNESS VWHEREOF; the parties have executed this Agreement on the day and year 2 hereinafter specified. 3 4 COUNTY'OF RIVERSIDE s s DATED: . / / 9 BY: Ch an; Board of Supervisors KAY'CENICEROS s 9 ATTEST GERALDA. 1, EY APPROVED AS BY FORM: CLERK of the BOARD OF PE 50R5 ramtrof Riverside, a of is 1U . . BY 12 County Attorney 13 14 - ]s 16 - 17 19 19 ,. 20 21 . 22 23 24 2s 26 293 35 SUBMITTAL TO THE BOARD OF SUPERVISORS. (, •,� - COUNTY OF RIVERSIDE, STATE OF CALIFORNIA a FROM: .Economic Development Agency SUBMITTAL DATE: December 11 1995 SUBJECT: JOINT POWERS AUTHORITY ADOPTING THE AGREEMENT FOR THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU (BUREAU); APPROVAL OF THE PARTICIPATION. OF.. THE UNINCORPORATED COUNTY AREAS WHICH ARE ENCLOSED WITHIN THE BUREAUS BOUNDARIES RECOMMENDED MOTION: That the Board of Supervisors approve and authorize the Chairman to approve the attached Joint Powers Agreement for the Palm Springs Desert Resorts Convention and Visitors Bureau. JUSTIFICATION: The Palm Springs Visitors and Convention Bureau (Bureau) was created to jointly encourage and promote all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from aworld-wide market, all to the benefit of.the member organizations and their, citizens. As proposed, portions of the County and all member cities located in the Coachella Valley would be represented in all of the Bureau'si communication efforts, including press releases, printed ..promotional materials, advertising and their extensive work ;with. travel journalists. The incorporated city of Coachella, which is not a dues paying member of the Bureau, would not be. representedby the Bureau. cont: �l ✓ Bradley J. Huds ecutive Director FINANCIAL DATA: CURRENT YEAR COST. $ 31.500 _ ANNUAL COST $ 31.500 ET COUNTY COST $ 0 IN CURRENT YEAR BUDGET: YES X NO BUDGET ADJUSTMENT: YES_ NO X FOR FY:_ MPANION ITEM ON BOARD OF DIRECTORS AGENDA: YES _ NO X c �n URCE OF FUNDS: RDA Administration rn r -r_ m r O. RECOMMENDATION: APPROVE. o o m Administrative Officer Sionnfitrp U MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Ceniceros, seconded by. Supervisor. Wilson and duly carried by. unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Tavaglione, Ceniceros, Wilson and Mulle Noes: None; Gerald A. Malone Absent•:' None le the r Date. December 19, 1995 By• - Xc: ED_A, Co.Co. , Auditor De 94 Prev. Agn. ref. Dist: AGENDA NO. N/A -4- 36 PCB/f'.RL1r:T F11 1 1989-1990 2 PROPOSED FUNDING FORMULA 3 CALENDAR 1989 4 Projected Fiscal Year, 1989-1990 5 CITY Gross Sales X .55% 6 Desert Hot Springs Not a member at thistime 7 Cathedral City $10,242,000 $56,331 8 ' Indian Wells 15,214,182 _ 83316,78 9 Indio 37910,000 2 T,505 1o" La Quinta 15,788,909 86,839, , 11 Palm Desert 59,403,090 326,717 12 Palm Springs 702193,455 3862064 13 Rancho Mirage 27,598,000 151,789. 14 15 TOTAL $202,349,636 $1,112,923 16 17 18 19 20 21 Note: Projection; from City Finance Departments 22 ,. 23 EXHIBIT A 24 25 26 C � 2 38 1 1990-1991 2 PROPOSED.FUND]NG FORMULA 3 CALENDAR 1990 4 Projected Fiscal Year 1990-1991 5 CITY Gross Sales X :6% 6 Desert Hot Springs : $4,625,00.0 $27,750 .. 7 (Desert Hot Springs joined 7/6/90) 8 . 'Cathedral City 10,555,556 63,333 9 Indian Wells .19,195,514 115,173 to Indio 5,900,000 35,400 11 La Quints 21,000,000 126,000 12 Palm Desert 46,250,000 277,500 is Palm Springs 74,444,444 446,667 14 Rancho Mirage 27,777,778 166,667 _ . is 16 TOTAL $209,748,292 $1,258,490 17. 18 . 19 20 21 22 Note: Projection from City Finance Departments 23 24 EMMIT A-1 25 26 97 39 1 _ 1991-1992 2 PROPOSED FUNDING FORMULA 3 CALENDAR 1991 a Projected Fiscal. Year 1991.1992 5 CITY Gross Sales 0 X .6 /o .6 Desert Hot Springs ` $3,439,000 $20,634 7 Cathedral City 9,895,000 59,370 s Indian Wells 29,666,667 178,000 ` 9 Indio 5,500,000. 33,000 io La Quinta 22,166,667. 133,000 i t Palm Desert . 52,000,000 312,000 12 Palm Springs , 87,000,000 522,000 13 Rancho Muage 27,777,833 166,667 14 15 TOTAL $237,445,167 $1,424,671 .16 17 18 19 20 21 Note: Projection from City Finance Departments 22 23 EXHIBIT A-2 24 25 26 40 4 1 1992-1993 2 PROPOSED FUNDING FORMULA 3 Calendar 1992 4 Projected FY 1992-93 FY 1992-93 s CITY Gross Sales X .6% X 1.4% TOTAL.. . 6 Desert Hot Springs $3,687,926 $22,128 -0- $22,128 7 Cathedral City 10,998,141 31,075 80,066 111,141 s Indian. Wells 28,050,000 -0- 392,700 392,700 9 Indio 6,330,740 37,984 -0- 37,984 10 La Qumta 19,3371845 -0- .270,730 270,730 .. 1 i , Palm Desert 53,264,338 662560 590,3941 656954 12 Palm Springs. 722062,921 _ 195,738 552,158 747,896. 13 RanchoMiirage 32,000,000 26,880 385,280 412,160 `< 14 15 TOTAL $225,631,911 $380,365 $2,271,328 $2,651,693 16 17 18 19 20 21 Note: Sources: City Finance Departments 22 1991 Year-end Gross Sales; City of Indian Wells Projection - Down Trend 23 City of Rancho Mirage - Westin Mission Hills 24 25 - EXHIBIT A-3 �:. .299 26 41 { 1 1993-1994 2 PROPOSED FUNDING FORMULA 3 Fiscal Year a Actual FY 1993-94 FY 1993-94 s CITY Gross Sales ' X .6% " X 1.4% TOTAL 6 Desert Hot Springs Inactive member 7 Cathedral City $9,185,163 $26,292 $67,244 $93,536 g. Indian Wells 29,352,553 3,911 401,810 405,721 9 Indio 5,437,041 32,622 -0- 32,622 to La Quinta 20,404,525 .11,502 258,826' 270,328 11 Palm Desert 53,128,056 6..0,896 601,701 662,597 12 Palm Springs 68,964,193 170,366 567,978 738,344 13 Rancho Mirage 37,454,580 10,385 500,133 510,518 14 15 TOTAL $223,926,111 $315,974 $2,397,692 $2,713,666 16 '. 17 _. 18 19, 20 21 Note: Sources: City Finance Departments 22 23 24 25 > EXHIBIT A4 26 L 300 42 1 1994-1995 2 _ PROPOSED FUNDING FORMULA 3 Fiscal Year a Actual FY 1994-95 FY 1994-95 s CITY Gross Sales X .6% X 1.4% TOTAL' 6 Desert Hot Springs Inactive member 7 Cathedral City $9,500,000 $25,200 $74,200 $99,400 s Indian Wells ' 27,777,778 3;333 . 381,111 384,444 9 Indio 5,250,000 31,500 , -0= 31,500 10 La Quints 19,482,273 10,830 247,482 258,312 11 Palm Desert`' 48,042,432 60,480 531A74 591,954 12 ` Palm Springs 68,100,439 , 191,700 506,106 697,806 13 . Rancho Mrage 36,000,000 9,072 482,832 491,904 . 14 15 TOTAL $214,152,921. $332,115. $2,223,205 $2,555,320 16 17 18 19 20 21 Note: Sources: City Finance Departments 22 23 _. 24 25 EXHIBIT A-5 26 301 43 1 1995-1996 2 PROPOSED FUNDING FORMULA 3 Fiscal Year, a Projected FY 1995-96 FY 1995-96 s CITY Gross Sales X .6% X 1.4%° TOTAL . 6 Cathedral City $9,300,000 . $25,800 $70,00.0 $95,800 1. 7 Desert Hot Springs ` 4,950,833 29,705 -0- 29,705 s (Re_ joined the Bureau 7/1/95) 9 Indian Wells 30,810,786 3,243 423,784 . 427,027 to Indio 5,41.0,000 32,460 -0- 32,460. 11 La Quinta 21,366,357 12,180 270,709 282,889 12 Palm Desert 50,5.55,571 60,000 567,778 627,778 13 Palm Springs 76,444,429 192,000 622,2122 814,222 14 Rancho Mrage 37,166,667 10,000. 497,000 507,000 15 16 TOTAL $236,004,643 $365,388 $2,451,493 ' $2,816,881 7 Riverside County (annual contribution) -0- -0- 31,500 18 TOTAL :` $2,848,381 19 20 21 22 Note: Sources: City Finance Departments 23 24 25 EXHIBIT A-6 26 302 44 1 1995 2 - ACTUAL FUNDING FORMULA 3 4 Actual - 1995. . 1995 5, CITY Gross Sales ` " X .6% X 1.4% o TOTAL 6 Cathedral City. $8,480,124 $19,027 $74,325 $93,352 7 Desert Hot Springs 2,158,960 12,954 12,954 s Indian Wells 33,905,975 4,569 464,023 468,592 9 Indio ' 6,345,485 38,073. 38,073 to La Quinta C 23,270,753 13,135 295,143. - 308;277 11 Palm Desert 52,750,567 80,946 549,634 630,580. 12 Palm Springs _ 74,792,529 178,270 631,131 8092402 13" Rancho Mirage 40,212,860 - .9,897 539,887 549,784 14 15 TOTAL $205,350612 $356;871 $2,554,143_ $2,911,014 16 Riverside County (annual contribution) -0- -0-. 311,500 1� TOTAL S2,942,514 18 _19' - 20 21 Note: Sources: City Finance Departments 22 - 23 24 EXHIBIT A-7 2s 26 303' 45 1 1996 2 ACTUAL FUNDING FORMULA 3 _. 4 Actual 1996 1996 s ` CITY : Gross Sales X .6% X 1.4% TOTAL 6-- Cathedral City $8,0382544 $19,754 $66,448 $86,202 7 Desert Hot Springs 5,117,831.1.30,707 30,707 8 Indian Wells 37,189,611 4,696 509,697 514,393 9 Indio 6,3492063 38,094 38,094 io La Quints 25,998,636 15,625 327,522 3432147 ii Palm Desert 56,188,100 852750 586,550 672,300 12 Palm Springs 80,570,513 205,050 649,538 854,588 13_ Rancho Mirage 43,740,480 10,619 587,589 598,208 14 1s TOTAL $2631,192,778 $410,295 $2,727,344 $3,137,639 16 - Riverside County (annual "contribution) =0- -0- 31,500 17 TOTAL $3,169,139 18 19 .20 21 Note: Sources: City Finance Departments " 22 23 24 EXHIBIT A-8 2s 26 304 46 1 1997 2 FUNDING FORMULA 3 - 4 Actual Gross 1997 1997 s CITY Hotel Sales X .6% X 1.4% TOTAL 6 Cathedral City $8,106,256. $21,778 $62,672 -- $841450 7 Desert Hot Springs $5,181,743 $31,090 0 $.31,090 8 Indian Wells $39,160,053 $5,255 $535,980 $541,235 9 Indio $6,750,742 $40,504 0 $40,504 io La Quinta $28,776,060 $17,937 $361,013 $378,950 '. 1 i Palm Desert ` $60,082,623 $98,834 $6103,543 $7091377 12 Palm Springs ` $90,436,119 $228,488 $732967 $961,455 13 Rancho Mirage $46,479,736 - $11,623 $623,597 $635,220 14- 15 TOTAL $284,973,312 $455,509 $2,926,772 $3,382,281 16 Riverside County Annual Contribution $33,000 17 TOTAL $3,415,281`.1 18- 19 . 20 21 22 23 Note Sources: City Finance Departments 24 2s EXHIBIT A-9 26 � �.305 47 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 1998 FUNDING FORMULA Actual Gross 1998 1998 CITY Hotel Sales X 6% - X 1 A% TOTAL Cathedral City $9,665,707 ' $24,037 $79,233 . $103,270 Desert Hot Springs $6,263,382 $31,088 $15,149 $46,237 Indian Wells ` $44,368,886 $4,096 $611,606 $615,702. Indio $7,428,589 $44,572 0 $44,572 La Quinta $30,850,080 $20,916 $383,097 $404,013 Palm Desert $69,507,942 . $113,712 $707,784 3821,496 Palm Springs $96,461,293 .$249,076 $769,280 $1,018,356 Rancho Mirage $48,505,884 $11,432 $652,408" $663,840 TOTAL $313,051,763 $498,929 . $3,218,557 : $3,717,486 ' Riverside County Annual Contribution $34,729 TOTAL $3,752,215 Note: Sources: City Finance Departments EXHIBIT A-10 1 . 2 1999 3 FUNDING FORMULA 4 s Actual Gross 1999 1999 6 CITY Hotel Sales X.6% X 1.4% TOTAL , 7' Cathedral City $11;398,820 $26,852 $96,929 $123.1781 8 Desert Hot Springs 7,216,613. 31,968 26,440 58,408 9. Indian Wells. 46,815,903 1,579 651,741 . 653,319 - io Indio 8,802,462 52,815 =0- 52,815. 11 La Quinta 33,843,166 22,453 421,414 443,867. 12 Palm Desert ' 84,470,536 149,718 833,245 982,963 13 Palm Springs 107,415,950 2812640 846,662 1,128,303. 14 Rancho Mirage 50,795,509 12,914 681,004. - 60,918 15 16 TOTAL $350,758,958 $5791939 $3,557,435 $4,137,374 17 Riverside County Annual Contribution $36,465 18 'TOTAL $4,173,839 19 20 21 Note Source: City Finance Departments 22 23 EXHIBIT A-i I 24 25 26 C 307 49 A C D E. 2 3 4 20000 $ ', _i=�1NDIN,G FORMULA 6 7 Actual Gros 2000 2000 8 Ci , . HotelSales x::.6°(a .. , , x 1.4°%: TpTAI , _.. 10" Cathedral City: $10,744,357 $25,059 $91,950' >$117;009 11 `. 12: Desert Hot Springs," #,O.S5,190$,318 30364 - $fi5t682 r 4 Iridaan'yllefls ;47,719,310 .1,67 664,27a$66590'1 15 >ndio 9,575,833 7,455 $ :; 55 1i L r°Quints 26,456 491,072. s1 'r5 $ fi18;; - 2Q< Pafm Desert .. ;31,3l5,714` 133,.880 826,080 f959,J4b 21 �22: Pafm Springs:.` 114,61,929 295;062 - 23 �'��,. Rancho Mirage t�,025,119 15,764 719;569 .. ; . ;��35 8�3 To7ra - :..r.. $365;183457 ::$692,4Q1 $3,730,293 $4 32',�99 27; n23; Riverside County Annual Contribution = $3$ 2J. �1 r 33 '� 34 } .35 39 40' ' 41' ' 43 a d4 Note Source' City Finance Departments F ' 4_- 40 i 47 Exhibit AA 308 50 A l3 C D .. E 1 2. 3 q 2001 5 FUNDING -FORMULA 6 7 Actual Grass 2001 2001 8 Ci Hore1-Sales xr_6s6 -, ;; x 1:4°% TOTAL , WO' Cathedral City $10,959,099 $30,412 $82,46fi $112,878 11 4- Desert Hot Springs 8,353,548 35;804 33,407 13 -14 'Wdlan Wells AZI054,842 - 1,416 686,465 $5$6,880 15 't6` Indio 694,977 57,510 1657; 10 17 1$ ° l a i2unta 37,(i49.6$4 24,192 462,24$ $456,44p 19 ;. 2bc alrn Desert 79,878,327 131.193 812,180 . - $943i373 21 '22" PaliriSprings' 108,735,173 2891350 849.476 .; <. . $1137,82 ; 23 24 Rancho Mirage T _ ' `... 52,613,806:, 1$,196 ; 691,802. r . $710;998 25 TOTAL 5349;229456 - ` 60 072 $3,617;044 $4,105,116 27 S `'Riverside County Annual Contribution $40�202 29 TOTAL 54,1 i3`a8 31 33. 336 37 39' 40 41' 2 43 44 Note Source: City Finance Departments 45 46 .47 Exhibit-12 R ni 1 2 3 4 5 6. 7 8: 9 10 11 12 13 14 15 16 17 .19 19 20 21 22 23 24 25 26 52 1 2 3 4' 5 6' 7 8.,. '9 10. 11 :. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • M3 c0. ( r♦• OU v �0. �C� 1 '> t�� 11�1�f�1'•}i t0 ��,�� t.. c x •7 U t �. I �[r.t 1�'1{�11� �l 0 c o s c 41 �. -. ��• -. O j< a 332- ,j .i.�''^"'► LLI y. t 76 1!i a ICL W. Zt 0. CL 1 ••++ ��t1 s � • 356 '°_ I y io Zt za A \ �i � �MrtM •1 : - W �C Z O r•� � Via: L/F J•� � r is - - , � � �iyG 1OO zID 11< ~ e• i Q? �4. *a i S°ieY V e �x �i L gSi e : F~< O ~ 13a,/'a../1 lV 3 Moarrrw- 224 g PI 3 � I �Et a w..>...►. a 1,0-: o^ ,a.l. - �1 J�� ,s - 11! =Q t•�rr• ... c " �. d=t3fi' aarai.wr +t E� w ;1y. _J� ,�pi�•(P �►� - y ,'� 2_ - •3� - ar- ...... '•� 004� •-IF •7 Q�_ .-I WEr. ci cc rCrq PALM 21, 4�1•, 50 ; 3 J c z 'L �fMKY - - I x r .,� ;T j I ml — %I .Jam'- ,� �p{y -- WAN B ` N 1 E ac PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY BYLAWS Section 1. PURPOSE To jointly encourage, promote, and engage in such other activities as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of the member organizations and their citizens. Section 2. EXECUTIVE COMMITTEE A. Officers --Chairman and Vice Chairman are elected annually in December for following Calendar year. B. Duties: 1. Manage affairs and evaluate performance of Joint Powers Authority 2. Hire President 3. Authorize contracts for service 4. Adopt Budget B. Chairman appoints subcommittees C. Membership Qualifications Voting members are elected/appointed members from active public organizations that have not given notice to withdraw. Each active public member appoints one elected official as the designated delegate and a second elected official as an alternate. The County appoints one elected official as the designated delegate and either a second elected official or a senior staff member as the alternate member. City Managers are ex- officio members. Three ex-officio members are appointed by HIBC chairman from Hospitality and Business Council for one year terms. Section 3. TECHNICAL ADVISORY COMMITTEE A. Officers —The City Manager representative shall be automatically named Chair of. Technical Advisory Committee (TAC) upon selection of JPA Executive Committee Chair as selected in December for following Calendar year. B. Duties - Advise Executive Committee on all matters pertaining to Joint Powers Authority (JPA). �: _ 313 55 PSDRCVA Bylaws Page 2 C. Membership Qualifications - City Managers/Administrators from active public agencies. Section 4. HOSPITALITY INDUSTRYAND BUSINESS COUNCIL (HIBC) A. Members 1. Seventeen (17) appointed by Executive Committee 2. Widespread Hospitality Industry/Business Community. Balanced representation from Active Public Members. The following categories serve as a guideline: Members/Catew 2 - Hotels with less than 100 rooms 3 - Hotels between 101-300 rooms 4 - Hotels with more than 301 rooms 7 - Business/Attractions Community (Retailers, restaurants, attractions, banking, finance, transportation, air carriers, developers, Chambers of Commerce, etc) 1 - At Large B. Terms Appointed in December for terms beginning January 1. Three years staggered serve at pleasure of Executive Committee. Two -term maximum, majority vote of Executive Committee to appoint and 2/3 vote of Executive Committee to remove. In the event of a delayed appointment, existing HIBC members serve until replaced. C. Duties 1. Develop annual budget, marketing plan, and other related activities for submission to Executive Committee for approval. 2. Develop measurable performance criteria to evaluate CVA performance. (Beyond Transient Occupancy Tax, to include room nights booked, lead generation, cooperative advertising, membership involvement and other appropriate indicators). 3. Develop dues structure for Private and Associate Members to be submitted to Executive Committee. C, 314 56 PSDRCVA Bylaws Page 3 4.. Meet monthly with President and staff to review performance, revenues and expenditures. 5. Approve monthly financial reports for distribution to Executive Committee. 6. Authorize minor adjustments to the budget within CVA activities (i.e., marketing program, sales program, advertising program). Budget adjustments between major categories requires Executive Committee approval. 7. Chairman of HIBC appoints subcommittees as necessary. 8. HIBC members elect Chairman, Vice Chairman and Secretary annually, in December, for following Calendar year. 9. Review, comment and submit contracts for professional services to the Executive Committee for approval. 10. Conduct meetings in accordance with The Brown Act. 11. File Conflict of Interest statements. Disclose financial interests. Disqualify from participation in decision which may affect Hospitality Industry and Business Council members' or their employees economic interest. 12. Chairman is an ex-officio member of Executive Committee, attends all Executive Committee meetings (including closed sessions). Chairman may delegate to Vice Chairman. In addition, Hospitality Industry and Business Council Chairman appoints two additional members to serve one year, ex-officio terms on Executive Committee. 13. Hospitality Industry and Business council members serve without compensation during any term served, including one year following last term of service. 14. Members who miss more than two HIBC meetings in a row or who miss 50% or more of the regularly scheduled HIBC meetings during any 12 month period, shall be deemed to have resigned. D. Nominating Committee, Marketing Committee, Budget Committee, other ad hoc committees. 1. Members: Appointed by Hospitality Industry and Business Council Chairman from HIBC and PSDRCVA membership. HIBC officers are also ex-officio members of all committees. 31s 57 PSDRCVA Bylaws Page 4 2. Terms: One year, serve at pleasure of Chairman of Hospitality Industry and Business Council appointed by HIBC Chairman in December each year. 3. Duties: a) Nominating Committee meets as necessary. Recommends to HIBC for approval and submission to the Executive Committee, individuals to serve on Hospitality Industry and Business Council. Nominates officers of HIBC. b) Marketing Committee meets at least annually. Recommends marketing programs for following calendar year. c) Budget Committee meets as necessary. Prepares and monitors budget and performance indicators. 4. Membership Qualifications: When located in Coachella Valley, members represent business entities within boundaries of active members' agencies. 5. Other ad hoc Committees: a) Other HIBC committees are appointed by Chairman of Hospitality Industry and Business Council. b) Other JPA Executive Committees are appointed by Chairman of JPA Executive Committee. Section 5. PERSONNEL COMMITTEE A. Members/Category: Two (2) - Chairman of Executive Committee and one other Executive Committee member appointed by Chairman of Executive Committee. One (1) - Chairman of Hospitality Industry and Business Council 316 58 PSDRCVA Bylaws Page 5 B. Duties: 1. Conduct annual written review of President performance within 30 days of calendar year close and report to Executive Committee at their next regularly scheduled meeting. 2. Advise Executive Committee on personnel matters. 3. Review CVA Employee Benefit Package with the aid of the Technical Advisory Committee (TAC) Chairman. Section 6. MEMBERSHIP QUALIFICATIONS A. Private Members: Non -government members whose place of business is within the jurisdiction of an active public member. B. Associate Members: Non -government member whose place of business is outside the Coachella Valley. C. Active Public Member: A public agency, signatory to JPA, who has not given notice of withdrawal. D. Inactive Public Member: A public agency, signatory to JPA, who has given notice of withdrawal. Section 7. MEETINGS A. Annual Membership Meeting: At least once a year, during first quarter of Calendar year, to report to total membership (public/private) the previous year's accomplishments and the future operation and marketing plans. B. Executive Committee: At least quarterly, or as deemed necessary, time and place to be established. The Chairman or a majority of the Executive Committee may call a meeting. C. Hospitality Industry and Business Council: At least one meeting per quarter, but not less than nine in a 12-month period. D. Other Committees --As needed. 317 59 PSDRCVA Bylaws Page 6 Section 8. QUORUM A. A majority of current membership of each committee shall constitute a quorum. B. All action of each committee shall be by majority vote of those present. Section 9. PRESIDENT A. Professional Manager hired by Executive Committee to manage affairs of JPA. B. Develop and administer plans and programs for achieving visitor industry objectives. Develop and maintain key relations in the tourism and convention industry in order to assure effective advertising, public relations, promotions and direct sales of the Palm Springs Desert Resorts area for exploitation of the member cities as a visitor and convention destination. Section 10. AMENDMENTS Bylaws may be amended by majority vote of the Executive Committee. Section 11. WARRANTS AND DEMANDS A system of warrants and demand payments will be established. Monthly statements of warrants and demands shall be submitted to Executive Committee for approval and ratification. Section 12. ORGANIZATIONAL CHART (S) ATTACHED HERETO C 318 :o May 6, 2005 :Mayor Don Aldolph City of La Quints PO Box 150 La Quinta, CA 92247-1501 ViA 1~AX: 760.777.71`01 This is`in.response to an inquiry we received from your office earlier today. With the limited information we have from you — and other sources — it is our understanding that the City of :La Quinta is doing a reviewof benefits we -receive from liar contributions to the .Palm Springs Convention &Visitor Authority (CVA) and is also looking at pulling away from the CVA. We don't believe this would be in the best interest of La Quinta Resort &':ClubfPGA West — nor of the city. We've put together some information for your consideration. The Palm Springs valley is known domestically -and internationally'as a destination due to the many Years our CVA has been building and marketing this brand/destination. La Quints independently'does not have the same brand awareness nor cache with tourists as the greater Palm Springs areas does. If the city were to break away, the t amount of money needed to build/market the La Quints brand would be cost prohibitive and take aIong time. La Quinta Resort & Club already struggles in certain market, segments with brand competition from La Quinta Inns - and feel the City of La Quinta might experience this same problem in establishing its own brand separate from that of the greater Palm Springs valley. The CVA has a group, convention and transient sales force well established in their markets promoting the destination. We currently' receive a significant percentage of our group' business through. CVA leads. Group sales and conventions are more than 60 percent of our overall business. We feel we get our fair shareof leads and exposure through the CVA: Other benefits include publicity, familiarization trips with journalists at?d meeting planners, forums for sharing best practices amori&members throughout the vallLy. Each contributor to the CVA is part of selling the overall destination and the CVA plays . -a key role in snaking ;sure the business stays m the< valley -- even if La Quints Resort &-Club/PGA West isn't awarded the contract: Please feel free to call Mike .Islava at 760.564.5757 if you have any questions Sincere a r1me Mike Islava Jim Oliver VP and General Manager Director of Sales & Marketing Club Director, PGA West Cc: Sara Harper, Director of Marketing Communications Tracey Latkovic, Director of Group Sales 49-499 Fiwnhcnvcr rjr %v, ilost Office Box 69, La Quinta, California 9225 vwtic.la a ntaresortiae>tu 7.''1. 760.564A111 R.- 7G0.MG4.X56 319 61 Attachment 4 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7600 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 May 9, 2005 Sara Harper Director of Marketing Communications La Quinta Resort & Club P.O. Box 69 La Quinta, CA 92247 Dear Ms. Harper: Pursuant to our previous discussions, both before and after the La Quinta Resort & Club's (Resort) letter to the Mayor of May 6, 2005, please be advised that the City will be reviewing the CVA on May 17, 2005 as a Study Session item only. As such, there is no action contemplated at that meeting other than a general discussion of the CVA. You've indicated that "other sources" have called the Resort and suggested that the City is "looking at pulling away from the CVA." We want to be clear that City staff has been given no such direction from the City Council. The Council deems it good public policy to periodically review City contracts and agreements. The information you have provided in regards to your working relationship with the CVA is appreciated and will be shared with the Council. The regularly scheduled City Council meeting of May 17 begins at 2:00 p.m. with Closed Session, and resumes at 3:00 p.m. It will be held at the City Hall Council Chambers. Please contact me with any questions or concerns. Sincerely, Maria Casillas Management Analyst City Manager's Office cc: Honorable Mayor and City Council Thomas P. Genovese Mark Weiss (: 320 N A 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVO .. ......................... ....... . .................. ............................ .................. ...... Attachment 5 CONVENTION AND VISITORS AUTHORITY MEMORANDUM BUDGET _00NMIME Richard Oliphant, 02airimn Judy Vossler, Landruaik Golf. Rob Purs, Palm Springs Aerial Tramway Bill Powers, Pacific Westem Bark* John KdinsK Renaissance Esurralcla Resort Pat Pratt, City Manager City of Rancho Mrage Yen Weller, juttrim CAty Manager City of ln&o Michael O'Gonnor, Deputy CEO County -of Riverside FROM Gary S. -Foy, Vice President Operations/Finance DATE: October 14, 2004 StBJECE- 2005 PROPOSED BUDGET MV-0m MM _." , M mmm _P"M RA W mmmm The QVXs Budget:deevelopment process for 2005 considers input from the Marketing Cbnunime, National and local hospkality community and the CVA Industry Partners'hip at large. lit 2005,CVA Public Source funding estimates hive retraced to the.kvels of 1997 and 2000. It has been a.slower thin expected climb since September 11 and there are many factors thatcould help or hinderthe CVA!s continued growth. Unfortunately, wi@e.it has taken five years to recover to pre millennium funding, inflation and other-factor3-have reduced the CVNs purchas'mg .power to deliver the same service levels. The CVA Staff developed the 2005 budget with various assumptions an Public md Private Source. revenue, staffing, pay and benefits, promotionaL and other economic factors. The program of work reflects the most mportant: elements within these limited financial resources. I. Public Source Revenue Forecast ■ Public Source revenue, estimates for 2005 are $19,938.or =0.5% below member cities'2004 estimates. The 2005 estimates c6mpared to CVA 2004 mid -year revisions are $125,062 or 3.1% higher. ■ The member ciry/counry2005 estimates represent $202,234 6r'a 5.1% increase above 2003 Actual Ch7funding. Serving the Desert Resort Communities of Riverside County I 3211 Cathedral City - Desert Hot Springs - fndipn Wells * Indio - to Guinta # Palm Desert - Palm Springs - Rancho Mirage ............................... ................... .... . . .. . ............... ... .............. ............................................. .. ............. ............................ . .....I...........__.........._.. .0,0 Hijhway 111 - Rar.(,ry W,,;aDf;. LA L-27t, F. j, 67 - T. 7C,0-7-t0-y&66 7CO-770-900, pikinispringfius-i, Washington, DC S21PS OfFire 515 King Street, Suite 315 e—'11exanlria, VA 22314 T: 703-549-8026 * F: 703-519- F ot zi 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 03 Memorandum Re: 2005 Proposed Budget October 14, .2004 Page 2 One of the key assumptions in the 2005 Budget is the inclusion of additional public source revenue fmm Riverside County. Historically, the County invested in the CVA based on a flat fee. With the expansion of the Fantasy Springs Casino Hotel and Conference Center, the CVA funding from the County would be increased by using the same methodology as in all Member Cities, For 20.05, it would have an irnrnediate impact and should yield additional funding to. the CVA of $51,000 above the County's 2004 funding level. - ■ Sirztilarly, the County -and the CVA are negotiating with Morongo Casino Hotel to include them in the CVA: Their inclusion would increase CVA funding, by $100,000 in 2005. ■ Fantasy Springs ,Casino Hotel and Conference Center is located in the CVNs .membership boundaries and meets all necessary regwrernents. The CVA membership boundaries need to be expanded to include Morongo Casino Hotel which is currently under review. Both Casinos are expected to open in December, 2004 and have agreed to join as members to the CVA upon County and JPA approval. The. CVA 2005 budget assumptions include increased funding for both properties including IndustryPartnership investruents. (See Private Sources Funding) Tnese are important revenue items and without this additional source of funding, CVA programs will have to be reduced. • With the Desert Hot Springs bankruptcy court reo%auization plan resolved, the City is in the process of a bond issue in 2004 that will yield proceeds to repay creditors. In 2005, the CVA assumes it will receive payment of $23,000 from prior year TOT funding due to the 'CVA. Based on the CVA revisions of additional Public Source revenue from the County' and Desert Hot Springs prior year amounts, the total 2005 Public Source income is increased by S299,062 or 7.4% H. Private Revenue Source Assumptions ■ Private Source revenue increased by $272,208 or 34.2% due to revisions to the dues structure for industry partners, new Website and print advertising opportunities, collateral and promotional offsets, trade show, PANT tours and event hosting offsets, revenue sharing arrangements from CVA published guides and rental offsets from facility leasing. ■ In addition, Industry Pu wership Investment has been increased based upon the recent approved Partnership Investment Schedule. ■ With the redesigned Webs' , and a partnership in connection with Palm Springs Desert Resorts Channel, Private Source revenue mill increase an additional S60;000 in2005. .Additional Private Source revenues include Hotel and Industr`.° Partnership participation of $60,000 in a nev-Meeting P1.ann;er Guide. i 322 ■ Increases in revenue sharng arrangemxnits are increased $14,907 or 3.5% above 2004. 64 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 04 Memorandum Re: 2005 Proposed Budget October 14, 2004 Page 3 ■ Rental income is increased in 2005 as the Executive Suites are annualized andinflation adjustments result in additional S.34,152 or 120% increase over 2004. III. Pay and Benefits Assumptions Salary adjustments, for the 12-months ending August 2004 based on the Los Angeles/Orange/Riverside County Index, were 3.3%. The Memorandum of Intent approved by the JPA Executive Committee provides a 2%-4% increases depending upon this Index. The 2005 cost of the 3.3% salary adjustment is $65,532. CVA positions comparable to the Member Oty positions are subject to a five -step merit pay program.In 2005, the proposed merit increases approved in the 200q-2006 MCI is estimated to have a budget impact of $55,000. With limited funding, CVA pay growth in these positions can not be sustained: The CVA is proposing a 50% decrease or a 2.5% merit pay adjustinent irmead of a 5% annual merit increase. The CVA will adopt a 10-step writ pay program This will reduce 2005 pay costs by $27,384 as well as future pay growth_ ■ The CVA, staff is completing a Pension Study to evaluate its current Defined Benefit Plan vs. the CALPERS plan ` The CVA Pension Plan's unfunded liability for 2004 plan year eudimg June 30, 2004 is 4096. Ile unfunded liability is less than the previous year, due to staff changes with the new staff .ineligible for contribution unto 2006. Due to delays in receiving cost information to compare the CVA Defined Benefit Plan vs. C:ALPERS Pension Plan cost, the CVA staff will present an updated actuarial evaluation and comparative analysis mi late 2004 to the Pension Committee for their review and consideration. For purposes of the 2005 Budget, the Pension Comuxuttee has directed staff to increase Pension funding to help reduce the unfunded liability. Upon completion of the .Pension Study, the Pension Committee will MAW a recommendation to the Budget Committee, TA.0 and JPA Executive Committee. Depending upon the Pension Study results, if additional funding is required, CVA staff will male adjustments during the mid -year review in 2005. Accordingly, the ZOOS increase is $126,216 above 2004 mid -year adjustments. Budgeting for bonus and incentive compensation in 2005 is :reduced by 1.4% which mirrors 2004 pace payouts. Staff AssuMtions Since 2002, CVA staffing levels bave been flat. Position changes and, contract labor have occurred in order to meet changing priorities and workload. In 2004, three positions were reorganized due to changes in workload. Additionally, a Website Manager position was eliminated as the redesign of the CVA. Website was outsourced to USDM.net. Salary cost for the Website Manager were redirected into contract funding for redesign in 2004 and maintenance in 2005. In late 2004, the CVA: continued to reduce dependence on an outside contractor for daily Information Technology (M and nem—ork administration. By selectively contracting for highly -technical assistance, the reduction in the IT contract has funded a more cost effective and efficient IT th solution vf:. 323 65 Wa 05/09/2005 16:08 71607703029 PALM SPRINGS DR CVA PAGE 05 MCmorandum Re: 2005 Proposed Budget October 14, 2004 Page 4 a full-time administrative and technologyservices coordinator. This will improve dayto daysupport of the CVA technology functions. In 2005, a housing assistant position will be restored, as more groups require assistance with the continuing group success down valley and re -opening of the Palm, Spring Convention Center: ,A new ccimmissioned advertising sales manager will be rehired to promote and *sell -advertisingin the CVA's publications and on the redesigned Website. An accounting tecluuciarr position is restated from pre - September I I levels as the Finance Division's has increased internal reporting responsibilities, improved procurement process and increased accounts receivable workload. Promotional Efforts The Sales and Marketing Department primary focus in 2005 will continue to emphasize "relationship: Alin-- and developing new business that have not visited the destination. Following is a list of those areas the sales staff will concentrate on: Increase in -bound FAM trips Promote face-to-face. customer interaction f Encourage new customers to the destination ■ Implement consistent emal and direct mail interaction ■ Increase dedicated sales missions to designated markets ■ Establish "quality" prospect versus "quanut)' R Increase business from vertical marl= with a concentration on well -producing industries • Place Northern California sales manager in market and to improve performance and direct access to client base. ■ Funds are dedicated to find new business with pre -qualified leads tbrough' contractor. The Market Development Department v4M focus on the following areas in 2005 ■ Increased emphasis in sales missions; regional trade shows, rnedia missions have been added to complement new markets. opened by the new and or expanded air service_ Continue funding dedicated to "Branid" implenientation strategy will include training programs with COD as partner. • Emphasis wl be on promotional materials, Internauonal marl*eting representation and marketing opportunities. k Additional focus will be placed on updating collateral materials with new photography of the new attractions and resorts renovations. ■ Funds will be applied for improving trade show booths consistent with the "brand". Additionally, new advertising opporLun hies from national advertisers and local hospitality community-%Il be available on the redesigned Website. 324 05/09/2oe5 16:08 7607703029 PALM SPRINGS DR CVA PAGE 06 Memorandum Re: 2005 Proposed Budget October 14.2004 Page 5 ■ Increased emphasis on the redesigned Vebsite to deliver information and collateral material to clients and industry Partners will maintain or lessen costs in printing, postage and shipping. Operational_ Strategy ■ The Furniture, Fixture and Equipment (PF&E) Budget in 2004 addressed the majority of equipment and furmiture of the new facility; some normal replacements in technology equipment will be required in 2005. (See Capital Improvement Exhibit 3) • Continued ni nprovercaents m the procurement process will improve to ensure competitive pricing and quality services from the Industry Partnership base. ■ A new Industry Partnership dues and benefit structure will improve retention efforts with single date renewals and increased private source revenue. ■ Establish new methods of using technology and proprietary systems. to improve productivity, lower costs and yield a competitive edge in support of the sales and marketing program. ■ Reduce offsite storage costs by utilizing new f acility in 2005 and one unit closer to new f acuity. - New Buildk Impact in Z005 The 2004 Budget had a seven month cost impact from the new facility in 2004. The CVA completed the closing of escrow account with over S110,000 savings being applied to principal and interest payments. The building savings helped offset lower than anticipated revenue from public and private sources in 2004. In 2005, the CVA will realize the full annualization of the increased building costs that will include some maintenance services that were not previously required. The new facility has 2000>sq. ft. of office suites that have been rented to industrypartners beginning in July2004. Rental Income offsetstotal operating costs of the building. The CVA anticipates that at least Z 1 of the 12 suites will be leased.beginning in 2005 and the 3% inflation index will begin for most tenants in July, 2005. As part of the Lease Agreee.meri; tenants may use the Board Room during normal business hours. If additional senices are required, such as technology or assistance after hours usage is necessary, additional fees will be generated.. The CVA will also lease the Board Room to industry partners and others in 2005. All scheduled usage for groups leasing the facility will not interfere with CVA mission -related functions or CVA Board meeting schedule. The CVA is currently working toward contracting regular monthly meetings that will offset facility costs and add needed revenue. Reserve Fundin In the 2003 Budget process, a 3-year phase -in approach to restore the Reserve Account was adopted. The 2003 Budget allocated $20,000 to the Reserve Account and an additional $20,000 was allocated at year-end L . 3 25 67 -11- 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 07 Memorandum Re: 2005 Proposed Budget October 14, 2004 Page 6 instead of funding in 2004. Based on anticipated revenue growth in 2003, 2004 and 2005, increased contributions to catch up were projected each year. However, 2003 and 2004 revenue estimates were lower than anticipated. No funds are allocated in 2005 for reserve restoration: Because member city revenue estimates for 2005 only grow at 3%, the CV A. is proposing to delay reserve restoration until 2006. The CVA budget formulation continues to be challcnging! Staffs efforts have focused on improvxoa revenue sources both Public -and Private in 2005. At the same time, staff has exercised caution in tryin; to be realistic on these revenue assumptions. 'There still remain a few political hurdles to achieve in soar of the.Private Source revenue assumptions. Even more challenging is the inherent desire the CVA has to compete in the nwket place with,Drni ed resources. While the 2005 proposed Budget is in balance, staff cannot emphasize enough how the limited funding continues to.curt;@ basic programs and many important inutiatives that caz t be considered. Whrle the 2005 proposed budget funds the highest priority requirements, it falls short in delivering the End of program level that wou j generate a greater return on 1nvestim=t to this world -class destination. Attached foryour review and consideration are the following Exhibits: Executive Sunumry Exhibit 1 Sumr=y$udget Table Exhibit 2 Capital Expenditures Plan Exhibit 3 326 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 08 ��ltibit 1 P0QI4t. !�2pxiRqR amt p,esl4/C(,S c aRvel" old "umQhS CAU dkA ZOOS Budget EXECUTIVE SLINAdARY PuNic Sam Rewnw In 2005, Cities' funding estimates are $19,938 below original City estimates for 2004 and $127,242 or 2.4% above the 2004 revised City. revenue_ ■ Additional Public Source Revenue $51,000 From Fantasy Springs Casino Hotel M Additional Public Source Revenue sloop0. From Morongo Casino Hotel and Conference Center Additional Public Source Revenue $23,000 From Desert Hot Springs prior debt to CVA ■ Based on the CVA revisions of additional Public Source revenue from the County and Desert Hot Springs prior year amounts, the total 2005 Public Source income increased by $299,062 or 7.4%. d' *m Sow .Re- e Ptiivate Source revenue increased by $272,208 or 34.2% due to revisions to the dues structure for industry partners, new' Website and print advertising opportunities, collateral and promotional offsets, trade show, PAM tours .and event hosting offsets, revenue sharing an-angements from CVA published guides and rental offsets from facilityleasirng. Additioual.private source revenue increases to 2005 are: Industry Part ership Dues Increases $190,190 * Advertising Revenue 44,371 " Palm. Springs Desert Resorts Channel Revenue Sliare 20,000 Revenue Share Progmm (Publications) 4,907 ■ Event Hosting Offsets 4,317 Ren W Offsets for executive suites and Board Roomy 341152 0 L_ 327 69 2005 txecutive Sua=wy -13- 05/09/2005 16:08 7607703029 PALM SPRINGS DR CVA PAGE 09 E)daic 1 Dur# Pmnviaul Expases 'The Direct Promotional Expenses decreased $24,562, due to a one-time reduction of Website redesign and an updated photographyTlibrary-completed in 2004. Folio-%nng is a list of major items under Direct Promotional Expenses: Advertising $476,200 ■ Collateral Material 140,320 ■ 'Trade Shows/Sales Missions/FAM tours 360,779 ' UK/GERMAN Representation 78,500 ■ Website maintenance and support 46,000 Pen"7d Cans 'The Personnel Costs consisted of a net increase of 12.1% ovex`the 2044 $ud et esti=tes. Ganges in Personnel Costs include: Personnel Cost for restored or reprogra nmed positions $117,289 ` Annual Salary adjustments increase 65,532 Step increases Q 23f % vs. 59p 27,384 ■ Pension cast increase to reduce unfunded liability 126,216 ■ Health Care Insurance 15,053 ■ Worlunan's Compensation Insurance 6,281 One of the primary increases in personnel compensation is due to a higher contribution in pension 'man effort to close the gap on the unfunded pension liability. C'Expeas Other Expenses had.an overall decrease of $51,374 or 11.1% from 2004 levels. Increased/(Reductions) include Computer Contract Services (redirected to personnel cost) (S30,256) ■ Elimination of Atrium Design Center Lease (4,8,1.80) Utilities increase for full year 11,000 ' Professional Fee Increase (audit, internal control and legal fees) 10,400 06 MOB ,.9 , IM The CApital Expenditures decreased by $120,19& due to the reduction and elimination of the 2004 non. recurring Furniture, Fixtures and Equipnxnt casts for the new facility. 7be primary cost ire this category is the 15 year loam principal and interest pa)Tnents on the new facility; and additional annual payments of $5,724 over 5 years for normal. capital expeiaditures (see list on exhibit 3). • Principal Debt Service • Interest Debt Service $178,127 177,853 C t 3 28 i A 70 05/09/2005 16:08 sVC Public Sources 3010 Cnlbcdral City 3020 Desert Ha Spdnge 303D Indian Wells 3040 Indio 3050 La QW;nW "0 Palm Dcaett 3070 Ppim Sptinga 3090 Rancho Mirage. 3090 Rivcmide Cmmfy 7607703029 PALM SPRINGS DR GVA PAGE 10 EX WR2 PSDRCVA Combined budget 2W.1. 2004 & 2005 New Public Sources RcYUW TOT Projections Taint Public Source Iteweeue 2004 2004 2ODS 2W3 % of Approval % of Apprmvod Mid-Yr % of Prgwred 9G of Actual Revmc Budget Revenue Allocation Rcvrnue bU40 Revcouo 12S,025 2.49E 112.953 2.0% 117,953 2.19E 116.333 2.19E 65.324 1% 64.047 1.1% 64.047 L2% 64,036 11% 603.662 12% 609.253 10.9% 609,253 11.5% 652.MS 12.06.t, 63.014 lib 63,763 1.1% 63,763 112% 60,OW 1.1% 481,261 975 482,I82 93% 482,122 9.1% 485,835 E_90A W4,739 19% 948,989 161% 949,999 17.99E 948.889 17.5% 1.017,094 .2(r 1.140,040 20.2% 1.140,D49 21.5% 1.069 779 19.7% 635,961 130A 745,000 131A 745,WO 14.0% 747,Q74 13.7% 44,32.a 1% 46,539 WrA 46,539 0.9'A 43.866 0.9% 3,990.403 77.3% 4.212,573 74.09E 4,212475 T9.4Y. 4,192,637 21b 0 0.0% D O.OY. 0 0.0% 174.WOO 3.29E 0 0.0% 0 0.0% (145,000f r2 7X 0 0.0%3,990.403 77.3% 4,312.575 74.6% 4,1167,575 7G 6% 4,366.637 80.4% Private Sources: 3110 Membership (ucane 3120 Advertising Oiitetc 3130 Callatcral Ofise" . 3140 Prattotional Mmerinl Offaeb 3150 Trade SNOW Offsets 3t55 Pam Trips Offacts )110 Event Hosting Of Ad 3200 PayrollOffsete 3300 Rem Officls 3900 lntetcd Iamme 3910 Misceflanpors )neeme Total Private Sorree Keveavc Total Revenue 3740 Rollover Funds 2740 Reserve Restoration Total Avapahk Fuada bi ,ed ILmmotieall Upcnacs Advertising $010 Production M020 Placement. 5030 FulfilitnctN 504D WcWtc DasfgnlSupport, 5110 Copateral Material , 5115 - PrimaFoln4tatiowy. 5120 Promotional Mnsainl 3130 Fm.yiu;�adon Trips 5135 Site tnspectiom S140 Twdo Shows/Sala Missions 5150 Ttnvel d .1 od8a8 5155 Meetings, 5160 3s,eci.l Promotions 5165 Maskdiag Opportunities $170 M2rkedin4 Represaftioa 5175 cAvao lwl Services 5799 Evcnt}loming 5210 Phdo Fews., ties 5220 Pu6lictVNvws Batsytl 5310 bees 33" Rc=Wch 3330 Povinge 5340. Tckxom munkatkn% 349,114 6.IIY. 3W.OW AA% 337.A60 6,49E 527r250 9.7% 1CY7."1 2.19E 269.5W 4.8% .121.229 23% 193,DW 3A% 21.150 0.4% 36,tMD 0.6%. 33.900 0.6% 16,500 0.3% 1.654 0.0% 750 OMA 418 0.0% 750 0.0%174,544 3.47E 184.MS 3.31E 184,025 3 5% 176,600 3.2% 21.721 OAA MIM 0.29E 593 &0% 31000 0.1% 17,010 0.7% 29.00D 0.5% 13.470 039C 12.150 a 27t 25,409 0.5% 20 W OA% 2ZO I OA% 2"W OA% 13,965 03% 2S.OW 0.4% 21,438 . 0.5% 62,590 1.2% 9.795 0.2% 8,000 0.1'% 10,2g5 0.295 sm 0.1% 11.802 0.29E SOAO D.9% 43.093 _ 0.8% $1,004) 1.11, 75OU 14.5% 992,275 17.6% 795,232 1S.OX 1,067.W O % 4.741.291 .91.8% 5,204,8S0 9zl% 4,862,807 91A6 5.434,077 100.0% 4.63.697 99% 4M,02A. 7.9% 444,07.$ 8.4% 0 _ 0.0% (40;000j -0.8% - 0 0.0% 0 0.0% 0 0.0% 141c4 m 300.0% 5.64F471 169.0% 5.304,835 100.4% SA34,M IOt1.0% 37,336 0.7% 55AM 1.0% 2619N 03% 15,500 • 03% 300,$36 9.71% 529,032 9.3% 47032 9.0% 476,200 8.8% 11.187 019E I6,OOD 03Y. WOO 0.395 6.000 11% 9.603 0.27E 25.000 0.401. 70.000 13% 46,000 0.69E 8001 1.6%. 136,400 2.4% 109'"0 2.1% 140X0 2.0%. 13A31 0.3% 35" 0.6% 33,(= ' 0.7% 33,150 0.6% 11,221 0.29E Ow 03% 3,900 0.1% 4ADD 0.1% 90.959 1.8Y. 67AW 1.2% 64300 11% 73,000 139E 1. 0.2% 14.900 031E 14.9W 030A 30.4W 6.444 318.524 ri 2% 265.355 4.7% 264355 4.9Yo 267.379 4.9% 96,238 13% 90,130 1.61A 10,70 1.7% 93,479 1.9% 21.625 0.4% 13,100 0.2% 13.100 0.2% 13AM 019E 4,531 0.1% 3,SOD 0.1% 3,300• 0.1% 3,500 0.1% 10.9w 0.2'A 10,700 0.2% 10,0W 0.2% 10,800 . 0.2% 74,960 1.5% 10I.Wo 1.9% 1I.M IS'% 83.500 1.S% 21.392 DA% 71.000 1.3% 70.WO IJ% 60.500 1.1% 53,646 1.0% Kan 1.5% 77.030 1.5% .66.OQ0 1.29E 341361 %7% 26.550 03% 26,550 0.5% 4.600 0AW 11.009 01"A 13A00 0.2% 13,400 0.3% 13.400 0s% 24,401 039E 23,613 0.4% 23,613 OA% 23.943 D.4% 11.644 OMA 11,360 O.2% i 1,360 O.ZX 10.960 0.2% 97.199 1.9% 106,010 1.9% I10.g10 2.1% 11j.170 2.1% 39 514 'D.8% 47,040 0.8% t7.940 0.9% 46,7-N _ - 0.9% ] S$1J195 30.6% 1,752,840 31.0% 1 653.930 31 2'Y. 1AV.368 30.0% 329 mn s:2iWn � -15- 71 05/09/200516:08 7607703029 PALM SPRINGS DR CVA PAGE 11 Z"1412 rSDRCVA Combined Budget 2003, 2004 d: 2005 2004 2004 2003 2003 %of Approved %or AppnrndMid-Yr %of Proposed •,tof Actual Rc%vnue Budget Revenue Allocation RevcpK budael Revenue I-cr.oneel Calls 4010 Snloriee 1,613,136 31.6% 1,769,483 313% .1.769.423 33.36A 1.935.792 35.6% Stcp tncreascs 39,DW 0.8% 41,721 0.7% 41,728. 01% 27,384 0.5% Salary Adjusu... tx 48,086 09% 51,477 0.97E 31,471 1.0% 65,531 1.2% 4020 Hourly 47,305 0.2% 9,900 01% 9,960 t1,2% 9.700 0.2% 40WA Comm6siaA Live 135.770 2.6% 180,216 3,2% 130,216 3.4% 117,660 33% 4110 Payroll Taxes (43.790 2.8% 169,531 3.0% 148,531 3.2% 194,796 3.4% 4120 Medieal/I-ife Inimrsom 176,212 3.4% 204,806 3.6% "4,806 3.9% 219,939 4.0% 4130 Conract Labor 5.D92 0.1% 1.000 0.0% 1.000 0.0% 1,200 0.0% 4140 Pcmltm PIWAron ity 245.025 4.7% 222,172 3.9% 248,7M 4.7% 375A00 6.9•/1 4150 WorkcW (Ampmution l mumwc 21.279 0.4% 34,467 0.6% 34,367 0.6% 40,648 0.7% 21490,014 481% 2,683,740 475% 2,710,352, 51.1% 3437,831 55.9"A Other ENpenses 6015 Subrcriptkn&T 161itatiotts 7,420 0.1% 7.350 0.1% 7350 0.1% 7491 0.1% . 6060 Computer 106.642 2.1% 1t11.448 1.8Y. 90,948.. 1.7% %02 1.1% 6080 Employee 7ruinin8ltin ifmma 6,535 0.1% 15,525 0.3% 1632.1 0 3% %,775 03% 60W Equipment Lease . 31.493 0.6% 29,139 O-s% 29,130 0.5% 29,139 0.5% 6100 Fqujp MMA Repair & Ma cosoce 12,83E 01% 15,050 0:3% I.SAY) OYA 16,070 0.3% silo Genrsultnp=nce 21,45E 0.4% 24.007 0.4% 24J107 03% 29.558 0.5% 6120 lntesem/ m*cirargee 3.245 0.1%- 3,630 0.1% 3,634 6.1% 3100 0.1% 61" Local Mtoe ogs 27.175 0.5% 19,170 0.3% 17,879 03% 20.270 0.4% 6135 Autotn"leF-spcase SiJi96 1.0% 59;160 1.0% 37460. 1.1% 58,760 111% 6140 Pro(d6iunal Fes 35.M (J.71A 29,350 0.5% 29,350 9.6% 39.750 D.* 6150 Rent 18901 3.7% 121,010 2.2% 110,723 2.1% 62.S43 1.2% 6155 Ut fmcs 22 81 OA% 25,50.0 0.5% 25.300 0.5% . 36.500 0.7% 6170. Stq+pl Affice Expeatse 33,177 467E 29,5M 0.5% 29AD 0.6% 29,520 0.5% 6190 Bad DobtExMm 16799 03% 0.0% 5000 0.1% 0.0% 566,946 11.0% 480,659 83% 462,272 B.7% 410.898 7.6% C4pdal Expenditures 7010 Capital outlay 51,069 Lost - 0.0% 33,270 0.6% 0.0'b 7010 fl B&E 295,470 !13% 173 A70• 33% - 0.0% 7020 Prinrspal Debt Saving OXIA . 9212M 1.6% 83.365 1.6% 178.127 3.31A 7030 1nterad bebl Setvioe 31.796 0.6'K 191,2S6 3.4% 184,073 3,5% 117AII ? 82,865 !,6% 568y78 • 10.1% 476,174 9.0% 355MO Total Expenditures AMU" PXA-A 5.486.217 97.)% 5,302,732 99.9% 5,&.077 JOIN. Not'ExcessmCllek) 4".Om. 8.6% 162,661 . 1.9% 4J43. IL % 0 `.. Ct l' �.. 330 1c.lt4 _Gi: 4 n 72 05/09/2005 16:08 7607703929 PALM SPRINGS DR CVA PAGE '12 . 6xh�lr 3 Palm Springs Desert Resorts Convention and Visitors Authority 2005 Capkal Experdttwes Acgtuisition Dcscrip69n pf wrns Cast Technology Equipment/Software 'Wirciccs Network equipment for Board It SUM MAS90 modules for pureha_ac order and job costing (17-500/module) 35,wd MS Office Xr tact license (5) 52,500 Replacing outdated laptops for trade shows and Brwd Room vse (3) $3,300 Printer replacements (5) s,1-km Replacement of cell phone%%palm pilots . $2,500 WER Servo to Access Phvzographic Library $2,500 MAC Publication Software/Hardware Upgrades 53,000 Subtotal Tech Equip, =22,M UWcc Egtripmemt Specialized IT Cabinetry $1,850 . Led Screen kw Trade Show Use i800 Ftrc Proof Media Safe i650 Subtotal:Ofiace Equipment Total Capital Expcmca .$25,600 Amount to bc,Financed S25,G00 Projected CALF.A,SE Financing Rate 4.500/a Pinan ce'Ter m 5 years 2005 Annual Opeming Cost . Dcbt'Service - Principal $4 680 Inept Service - Incst 11,044 Total operating Cost $5,724 15,724, C: 331 73 AN Jr— v0i, Ne aka ru —17— - _ MAY-1272005 THU 09:43 AM LANDMARK GOLF CO FAX NO, 7607761 May 10, 2005 Landmark La Quinta City Council 78-495 Calle Tampico La Quinta, CA 92253 Attachment 6 LANDMARK RE: Palm Springs Desert Resorts Convention and Visitors Authority Advisory I1ow'd (CVA) Bohol Wagncr Chairvtn�� pear Couneilmembers , Johnny Bench Rick Dees Bill ne Greetings, I am writing this letter to you as a Vice President of Landmark „ h1wny Golf Company and as the Landmark corporate representative who is Larry Ustlin involved with the marketing of the City of La Quinta's SilverRock Resort's . I'd Marinaro if Moy4er n golf facility, 1. also serve as the current Chairman of the CVA's Hospitality Do O llunldi»c Industry and Business Council and represent the Council as a non voting Johnny roll member of the CVA's.Joint Powers Authority. Our HIBC group is an Mikc Shanahan r integral part of the CVA, especially with its sales, marketing and publicity Joy Wier, Jr. Joevier, efforts; and in fact, La Quinta Resort's Director of Sales and Marketing Mike Islava serves as a co-chair of the CVA's Marketing Committee. With the unfortunate current state of affairs at the CVA, 1 clearly understand the City of La Quinta's desire to review its involvement with the organization and to better understand how La Quinta benefits from the CVA. I sincerely hope the outcome of your City's review will result in continued support and participation in the CVA. As you know, I've been involved with tourism in the Coachella Valley for over 25 years. l well remember the days of one convention bureau in Palm Springs; it was not allowed to show La Quinta Hotel to an interested client. I also remember the days of having a Palm Springs convention bureau and an East Valley bureau; the confusion for the meeting planners who wanted to tour the whole valley was frustrating and injured business. The answer then, as now, was one umbrella tourism marketing organization; thus a valley -wide CVA was formed. Convention bureaus across the country are recognized by corporate decision makers and meeting planners as the organization in a local area that can best synthesize the information, host site tours, represent the area at trade shows, administrate satellite offices and generate leads and bookings. It is then up to the various facilities and their cities to satisfy the customers and encourage repeat and windfall bookings. 332 t. 74-947 Highway 111 . Suife 200 . Indion Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 wwwlandmarkgolf.com 74 MAY-12-2005 THU 09:43 AM LANDMARK GOLF CO FAX NO. 7607766686 P. 03 Although the current CVA has internal operational problems that need to be resolved in a timely and responsible manner, the mission of the CVA to sell our valley is intact and needs support rather than division, as the ultimate goal is to entice the clients and meeting planners to chose our desert's facilities rather than those in Phoenix/Scottsdale, San Diego or elsewhere. Our area has enough competitive challenges to overcome, such as seasonality and air transportation; we should not create additional negatives that will result from the absence of a viable area convention bureau. With regard to SilverRock Resort and its minimal golf operations marketing budget, there is a definite need for supplemental sales efforts through a convention bureau that offers marketing opportunities via the bureau's web site, co-op advertising programs, printed materials, site inspections, familiarization trips, publicity events and trade shows. Without an umbrella agency, SilverRock would not be able to financially consider the various opportunities listed above, nor would it have access to the exposure that is a benefit of the City's participation in the CVA's sales efforts. With the writing of this letter, I am asking that the City of La Quinta consider being a leader in the restructure of the CVA rather than discussing a withdrawal from the CVA. The CVA has a recognized and experienced sales staff that operates on a national basis. Your SilverRock Resort needs sales and marketing assistance through a synergistic umbrella sales and marketing agency such as a convention bureau. Our area has one in full operation; let's support our CVA and use it to benefit the City of La Quinta. It would be an expensive mistake to allow the current bureau to fail. If that were to happen: what web site would a tourist use to learn about our destination; how would a meeting planner coordinate a site visit for the area; what overview printed materials would be distributed; how would advertising for the destination be placed; how would travel writers gather information about our unique qualities, how would multiple desert cities afford and effectively benefit from trade shows and how would one city alone finance its sales and marketing efforts in a highly competitive world? Eventually, a new area umbrella marketing agency would be talked about and formed —and the cycle would begin again, at much greater costs! 333 VP MAY-12-2005 THU 09.43 AM LANDMARK GOLF CO FAX NO. 7607766686 P. 04 The CVA is a subject I know well. I would be happy to discuss it further with you. Over the past 25 years, I've been part of the group who has participated full cycle in this matter; please, let's not do it again! I am in hopes that we, collectively, will continue to move forward with sales efforts rather than reinventing the proverbial organizational wheel. l hope you will recognize the need and importance of valley -wide marketing efforts for your City and SilverRock Resort. Sincerely, miudyssler cc; Mike Islava ' 3 34 76 REPORT/INFORMATIONAL ITEM: 117 Titit 4 4Quraw CULTURAL ARTS COMMISSION MINUTES May 12, 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. Vice Chairperson Brodsky led the meeting. Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds MEMBERS EXCUSED: Commissioner Else Loudon STAFF PRESENT: Dodie Horvitz, Community Services Director Christy Kerry, Community Services Secretary II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 14, 2005 B. Department Report for March 2005 C. Financial Report for April 2005 Commissioner Brodsky noted a minor grammatical error in the minutes. It was moved by Commissioners Reynolds/Gassman to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Concert Under the Stars - Commissioner Brodsky began by remarking that staff did a wonderful job of providing flyers to distribute for the first Concert Under the Stars event that was held on April 16, 2005. Due to +is 335 fact, Commissioner Brodsky asked staff why the Commission was not TWY� 4 e4W Q" CULTURAL ARTS COMMISSION MINUTES June 9, 2005 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 Brodsky led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds STAFF PRESENT: Dodie Horvitz, Community Services Director Christy Kerry, Community Services Secretary GUESTS: Ray Lopez Bob Leinder Bill Loudon II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of May 12, 2005 B. Department Report for April 2005 C. Financial Report for May 2005 Commissioner Loudon made a correction to the minutes. On page four, paragraph four, the minutes read "She stated that they cannot simply step into the shoes of a Community Services Commissioner", but should have read "... into the shoes of a Cultural Arts Commissioner." It was moved by Commissioners Gassman/Reynolds to approve the Consent Calendar with the noted change. Unanimous. V. PUBLIC HEARING - None 340 Cultural Arts Commission Meeting Minutes 2. provided with flyers for the second Concert Under the Stars event taking place on May 14, 2005. Staff stated the flyers were recently received from the printer. In relation to the concert, Commissioner Reynolds questioned the attendance numbers as listed on page eighteen of the Commission packet. She said the estimated attendance was three hundred and fifty people. Commissioner Gassman commented that while she was at the concert, she personally counted around five hundred people and they were still coming. Commissioner Gassman said her estimate for attendance at the event is around seven hundred people. Commissioner Brodsky asked staff what the cost was for the first Concert Under the Stars event. Staff replied that the total cost was approximately one thousand dollars. Commissioner Brodsky asked staff what the cost was for the upcoming Concert Under the Stars event. Staff replied the mariachi band, Fiesta Mexicana has requested one thousand five hundred dollars for payment. Additionally, staff stated there will be a five hundred dollar donation made to the Mariachi Foundation. After these funds are paid out, and after any applicable expenses are factored in, the cost for the event is estimated to be around two thousand, five -hundred dollars. Commissioner Brodsky stated he will arrive at the event at around five thirty. Commissioners Reynolds and Gassman said they will arrive as close to five thirty as possible. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Work Plan — Commissioner Brodsky asked staff where the idea to combine the Cultural Arts Commission and the Community Services Commission came from. Director Horvitz stated that when the annual work plans were submitted to City Council and they had a chance to review them side -by -side, a general duplication of efforts was noticed. Commissioner Reynolds asked staff to point out what efforts are duplicated because she was not able to find any in the work plans. Director Horvitz said that cultural events fall under the Community Services umbrella. Both the concerts and the Artist Partnership fall under the Community Services umbrella as well. She stated she will finish her report tomorrow which will provide more detail. Commissioner Gassman stated the City of La Quinta has long touted itself to be an arts community. She said she is fearful that if there is not an established Commission titled "Cultural Arts", residents will lose sigil of 336 this. - 002 Cultural Arts Commission Meeting Minutes Page 3 Commissioner Reynolds asked staff about funding. Staff said that funding for art pieces and the art wall both come from Art in Public Places funds. Funding for all other events/items come out of the general fund. Regardless of whether the Commissions are combined, staff stated the Art in Public Places fund will continue. Staff referred to the suggestion listed on page twenty one in the Commission packet which offers that if the Commissions are combined, the Cultural Arts Commission may evolve into an Ad Hoc Art in Public Places Committee. Commissioner Brodsky made note that the Cultural Arts Commission was involved with the Bill Ware art piece at the Embassy Suites. That makes four public art pieces the Commission was involved with opposed to three as listed on page twenty-one in the Commission packet during the fiscal year 2004-2005 (the Embassy Suites piece was reviewed in fiscal year 2003- 2004). Commissioner Reynolds stated she felt that having a good, strong Commission is very beneficial to the City. Commissioner Brodsky said he feels it would be a loss to the City if the Cultural Arts Commission was absorbed. Commissioner Gassman suggested that it be taken into consideration that none of the Community Service Commissioners have applied for a seat on the Cultural Arts Commission. She stated that they cannot simply step into the shoes of a Cultural Arts Commissioner. Commissioner Gassman also questioned whether any of the Community Service Commissioners have an interest in art at all. A noted concern made by the Commissioners was that in the future, when vacant Commission seats are advertised, the title of "Community Service Commissioner" will not draw the type of applicants that a "Cultural Arts Commissioner" title might. Commissioner Reynolds mentioned that part of the reason the City decided to put the Commission together in the first place was to help the community. In response to Commissioner Reynolds comments, Director Horvitz stated that it is not unusual to combine commissions. The City Council has in fact done this several times in the past. Commissioner Gassman said she feels that by her attending functions put on by the Community Services Commission, she has been penalized because it gives the appearance of duplicated efforts. 337 0- 0 3 Cultural Arts Commission Meeting Minutes Page 4. Commissioner Gassman asked if any of the Cultural Arts Commissioners have attended a Community Services Commission meeting. Each Commissioner present stated they had not. Commissioner Gassman suggested that it should be a prerequisite to attend a meeting for potential Commissioners. A comment was made by Commissioner Brodsky that he was all for the skate park, but that he did not consider that art. Commissioner Reynolds suggested that perhaps the Commissions are being combined so the City Council has more control over the selection of art pieces. Collectively, the Cultural Arts Commission stated they are not in favor of dissolving the Commission that is presently in existence and they feel that to do so would be a disservice to the community. B. Point Happy and Solitude Improvements— Commissioner Brodsky told the Commission that he was very pleased to see that someone has taken an interest in completing these improvements. Commissioner Brodsky also stated he looks forward to viewing the concepts that will be provided by Mr. Ray Lopez. VII. COMMISSIONER ITEMS A. Commissioner Attendance at Community Functions — Commissioner Reynolds commented she was sad to hear Mr. Ed Hill passed away at the age of sixty-two. She said that he will be missed and is thankful for the many contributions he has made to our community. Commissioner Reynolds told the Commission she is hoping to see the production of "Art" that's being held in Old Town La Quinta and stated she is planning on attending the Concert Under the Stars Event on May 14, 2005. She mentioned that the Historical Society is having a farewell party the same day and is hoping it will not impact the attendance to the City's event. Commissioner Gassman said she attended the Concert Under the Stars event and was incredibly pleased and satisfied with both the event itself and the turnout for the event. She said she felt it was very successful. Commissioner Gassman mentioned she was able to see "Art" this past month and expressed her great appreciation for the production. She said it was fabulous. 338 004 Cultural Arts Commission Meeting Minutes 5. Commissioner Gassman said she attended the Community Picnic and Birthday Bash. She felt this was a great success and residents enjoyed themselves immensely. Commissioner Brodsky thanked staff for the creativeness showed during the Community Picnic and Birthday Bash. He felt the sea creatures provided in the Cultural Arts Commission booth for the children to personalize was a great idea. He said that while in attendance of the Community Picnic and Birthday Bash, he observed a general feeling of satisfaction. He asked staff what the attendance number was to which staff replied one thousand four - hundred people. Commissioner Brodsky said he will be able to attend the Concert Under the Stars event which will be held this Saturday, May 14, 2005. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:23 PM Submitted by: Christy Kerry, Comm 6ity Services Secr&tary 339 005 Cultural Arts Commission Meeting Minutes VI. BUSINESS ITEMS A. Point Happy and Solitude Art Piece Improvements - Director Horvitz provided the Commission with a brief background on the original architect that was contacted to make the improvements, Mr. Fraide. Unfortunately, Mr. Fraide ultimately decided that he could not complete the project, and Mr. Lopez stepped in. Commissioner Loudon welcomed guest Ray Lopez and invited him to speak. Mr. Lopez presented his plans, specifications and concepts for the Commission's review along with some photographs of the art pieces. The first concept for the Solitude Commission was not included in Commission as an additional option. piece Mr. Lopez presented to the the plans, but shared it with the Mr. Lopez stated there two Mediterranean fan palm trees, one large and one small, in the corner of the planter as you approach the island. He stated these trees hide the art piece and block the view. Mr. Lopez said he would remove both trees which can then be relocated. He said the trees are beautiful specimens, especially the larger of the trees, and would be relocated under the direction of the City. Mr. Lopez said that he would utilize the existing landscape and irrigation. The next concept presented to the Commission is labeled "Senior Center Concept" on the plans. There are three boulders located in the vicinity of the statue. This concept calls for a stepping stone to be placed near the boulder that has the placard affixed to it. Mr. Lopez stated that when he decided which plants would be added, he did not want to place any plant material that would block the art. The plants labeled as number four on the plans are red yuccas. Mr. Lopez stated these are very durable plants and this concept will require planting four of them. He stated he would like to plant day lilies in the area surrounding the red yuccas. Although the area would be green most of the year, when the day lilies do bloom, they are beautiful. One highlight of this plan is that there would not be a need to change the current irrigation system. Additionally, Mr. Lopez stated he would add a light feature to highlight the art piece. 341 Mr. Lopez presented a third concept to the Commission. This concept would n s . i, 2 Cultural Arts Commission Meeting Minutes 3. also include red yuccas. Additionally, he would add an annual color to the area. He said that he could justify adding the color since the area is scarce, however, he stated that when an annual color is planted, it is considered high maintenance. By high maintenance, Mr. Lopez explained the plants will need to be removed and re -planted twice a year (in summer and in winter) and will require more irrigation. The final concept for the Solitude improvement that Mr. Lopez presented to the Commission was the same as listed in the previous nc but instead of using an annual color, he would plant clumping r ni s Mr. Lopez s ed would keep the red yuccas. He explaine that the clumping as nib_ bloom most of the year, but do have their "down" time in the ter. Mr. Lopez said that he has used this plant in the past on other projects and it presents well and looks clean. Commissioner Gassman stated she has concerns about the use of the red yuccas and their height. Mr. Lopez stated the plants do not grow taller than three feet and are a clumping type of plant. These are not a solid mass, and the plants do fan out. Commissioner Gassman said with the Solitude piece, she would like to see the area remain sparse to accentuate the statue. She doesn't want something that would detract from the "solitude" point of the art. Mr. Lopez stated he is open to suggestions. Commissioner Loudon suggested using the asylum plant which is a perennial. She explained that she has used it extensively in the past and that it is a hearty plant that grows low and is mass flowering. Mr. Lopez stated that he is not familiar with the plant and typically, when making designs, he usually works with what he is familiar with. Commissioner Gassman said she would like to see the day lilies as the tallest plant. Commissioner Reynolds stated she likes the idea of using black pebbles around the base of the statue. She asked Mr. Lopez if he had previously considered this idea to which he replied he had not. Commissioner Reynolds commented that she was very pleased to see Mr. Lopez is recommending removing the palm tree. Mr. Lopez said the idea of using cobble around the art piece is a creative idea. He would like to see the cobble match the color of the base of th6 342 statue. He warned the Commission that although he likes the look of stone, it is very high maintenance. Personal experience has proved that there is Cultural Arts Commission Meeting Minutes 0 fugitive dust, leaves and trash to worry about. Mr. Leidner asked Mr. Lopez if he had to take bugs and pests into consideration of his design. Mr. Lopez said no. Commissioner Gassman asked Mr. Lopez to provide an estimate for the Commission when he comes back to a future meeting. Staff explained to the Commission that the City Council has only approved funds for the architect and not the implementation of the design yet. Typically, the estimate would come after the City Council approves the building funds. Mr. Lopez summarized the suggestions made by the Commission. The Commission would like to see cobble added around the statue as well as low growing asylum planted. Mr. Lopez would eliminate the red yuccas but keep the day lilies. The next project that Mr. Lopez presented to the Commission was improvements for the Point Happy piece. Mr. Lopez stated that his primary concern on this project is that currently, when viewing the area, you are not able to see the stream. In the first concept for this piece, annual color is proposed to be planted in all the planters, but Mr. Lopez said that annual color still can grow six to ten inches. Anything that grows more than six inches will once again, block the water, so this may pose a problem. Mr. Lopez suggested taking out the taller plant material and explained the existing plants are too big and need to be removed. He also said the irrigation needs to be adjusted. He would like to simply "clean it up" and add some decomposed granite. Mr. Lopez summed up concept number one by stating he would add some color or perhaps use the asylum, day lilies and red yuccas and take out all the tall plant material. . For his next concept, Mr. Lopez would still like to see the tall material removed, but he would like to add fire barrels and red yuccas to reflect a desert theme. Again, Mr. Lopez said he would like to use decomposed granite and drip irrigation along with a couple of ocotillos and golden barrels. Mr. Lopez pointed out that the barrels are low growing. Commissioner Gassman commented that in this piece, she likes the use 0!, 343 the red yuccas, but is not sure about the use of the ocotillos. W Cultural Arts Commission Meeting Minutes 5. Commissioner Reynolds said trees tend to detract from the statue. Additionally, she feels the empty circle that currently exists serves no purpose and would like to see a bench placed there. Commissioner Reynolds said that the addition would bring a sense of balance to the area. Commissioner Loudon disagreed with Commissioner Reynolds and said she feels that trees add some character to the piece and the surrounding area. She asked about the existing trees. Director Horvitz mentioned that the trees have not yet reached their mature height, but once they do, the statue would rest under the tree. Both Commissioner Loudon and Commissioner Gassman said that having the art situated under a tree would be nice. Mr. Lopez said that when the tree does get taller the canopy can be lifted and commented that aside from the tree, he sees pretty much everything else being removed. Commissioner Loudon asked Mr. Lopez if he has considered the Mexican feather grass. Mr. Lopez said he has not heard of the plant. Staff asked if it was low growing and Commissioner Loudon said it is. She explained that the beauty is how it sways in the wind and that the movement is very graceful. Commissioner Loudon said that the five gallon containers sell anywhere between eighteen and twenty-four dollars. The two gallon containers sell for around seven dollars. Mr. Lopez said the Mexican feather grass is an entirely different concept from those provided in the current plans, so he would need to put something together if he were to implement that and return with a new plan. Commissioner Loudon requested that Mr. Lopez take photographs of different plants he would like the Commissioners to consider so they may visualize his ideas. Commissioner Reynolds reinforced her feeling that she would like to see a bench placed in the empty area. Mr. Leidner asked if traffic flows on both sides of the area. Commissioner Gassman said that in fact, the area is an island and traffic surrounds all sides. Mr. Leidner said his primary concern would be that with increased traffic, people will need to walk through the traffic to reach the benches. Commissioner Loudon suggested not adding a second bench, but rathe, 344 relocate the current bench. She also suggested looking to Mr. Lopez to see what his recommendation might be. r, , 5 .Cultural Arts Commission Meeting Minutes 6. Mr. Lopez said he will study this issue and try to find an area to connect to a sidewalk. Currently, there are no sidewalks that actually direct people to the island. Commissioner Reynolds said that should there be an additional bench installed, it should match the existing one, but again stated that something needs to be put into the empty circle. Staff explained that the original intention of the developer was that people would pass the island to get from one set of businesses to the other. Commissioner Loudon along with the rest of the Commission thanked Mr. Lopez for his time and thanked him for the photographs. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Work Plan - Commissioner Loudon said this will be discussed at the next meeting when the Commissions are consolidated. This item will be tabled until then. B. Monthly Calendar of Events - Commissioner Loudon thanked staff for the inclusion of the Calendar of Events. VII. COMMISSIONER ITEMS A. Commissioner Attendance at Community Functions - Commissioner Reynolds stated she was on vacation, so was unable to attend any Community functions. Commissioner Brodsky stated he attended the Concert Under the Stars event. Commissioner Gassman was also able to attend the Concert Under the Stars event in addition to the Soap Box Derby. In closing, Commissioner Brodsky thanked his fellow Commissioners for their service and the time they shared. He said it has truly been a pleasure and wished everyone luck. Commissioner Brodsky will resign and will not seek a seat on the newly consolidated Commission. Commissioner Loudon said that this will be her last meeting. Although she will still spend a lot of her time in the desert, she will not be here acting as a Commissioner. She said she has enjoyed being on the Commission very much and that she is thankful for having met so many wonderful people Cultural Arts Commission Meeting Minutes 7. along the way. Commissioner Loudon said that she will be available to help whenever she can in the future. She thanked Mr. Leidner for his attendance at the Cultural Arts Commission meeting. Commissioner Reynolds thanked everyone for their service. She said that she has been part of the Cultural Arts Commission and Art in Public Places Commission for a combined ten years. She said she will not be applying for a position on the new Commission. She wished everyone the best of luck and said she is also available for help if she is needed in the future. Commissioner Loudon said that every one of the Commissioners has contributed a lot to the community and their love for La Quinta is apparent. Their hearts have been in the right place. Commissioner Loudon thanked Directed Horvitz for all of her help and service and wished her success. Staff told Commissioner Loudon that she was very pleased that she has made herself available in the future for the Commission. Staff also said that Commissioner Loudon brings a lot of experience and contacts to the Commission and thanked her for her offer of assistance. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 7:48M Submitted by: i r� Christy Kerry, Comify Services�ecretary 346 REPORT/INFORMATIONAL ITEM: / 8 T-4wt °F 4Qur"rw COMMUNITY SERVICES COMMISSION MINUTES May 9, 2005 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Leidner led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Bob Leidner Commissioner Victoria St. Johns Commissioner Mark Weber MEMBERS EXCUSED: Commissioner Ed Hackney STAFF PRESENT: Dodie Horvitz, Community Services Director Christy Kerry, Community Services Secretary II. PUBLIC COMMENT —None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of April 11, 2005 Minutes B. Monthly Department Report for March 2005 It was moved by Commissioners Weber/Leidner to approve the Consent Calendar. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. La Quinta Interactive Water Feature — Commissioner Leidner questiorred t. 347 Community Services Commission Minutes staff on the cost of the interactive water feature. Specifically, Commissioner Leidner wanted to know why the price difference from the original estimate to the current estimate came to be so significant. Staff gave the Commission a brief background and explained the park was originally divided into two phases. The fields and skate park were done in the first phase and the interactive water feature was to be completed in the second phase. Circumstances prevented the interactive water feature from being built in 2002. Since 2002, there has been a major increase in the cost of construction and supplies. The original estimate, as provided by the architect was in the amount of $140,000. The most costly components are the re -circulatory system and the pump. The pump house, which will be six feet by eight feet, will also take up a large portion of the money. Director Horvitz asked the Commission if they would like to recommend funding the project as outlined in the Commission packets, or if they would like to scale back to something smaller, like the water feature at La Quinta Park. Staff noted the water feature in La Quinta Park is non re -circulating. Staff also suggested that if the Commission wants to pare back on the features, the water feature at Fritz Burns Park is a good model. Like the La Quinta Park water feature, it does not have a re -circulating system but it does feature four towers. Commissioner Weber asked Director Horvitz about available grant money. Director Horvitz replied that proposition forty funds are available, though some of these funds have already been used for the YMCA playground. Commissioner Weber asked staff if this design would qualify for any of the public art grants. Director Horvitz informed Commissioner Weber that she already attempted to get the project classified as public art, but was unsuccessful. Commissioner Leidner voiced his concern over the recent vandalism to City property. The concern was that if the Commission decides to push for the extra funding for the interactive water feature, there will be nothing to deter vandalism and destruction to it, even with the funds that are currently being dedicated to surveillance. Staff explained to the Commission the materials that will be used are commercially designed materials, therefore they are very resilient. If someone is set on destruction, there is only so much that 348 002 Community Services Commission Minutes can be done to prevent it regardless of precautions taken. Staff explained the sprinkler heads will built underground so it will be very hard to access, therefore cutting down the likelihood of vandalism. Commissioner St. Johns commented that the location of the water feature will be more visible than the snack bar which was recently vandalized, also reducing the likelihood of vandalism. The Commissioners discussed the circulatory system and Commissioner Weber stated he felt that it is a critical component. Commissioner Weber also said that over a lifespan, the re -circulating system might very well pay for itself. Commissioner Weber stated he felt that further analysis would be necessary to justify spending the extra funds on this project. A cursory analysis would be sufficient to get a better feel about the overall numbers. Commissioner Weber asked staff what the lifespan is on the main pump. Staff stated that without any warranty information to reference, she can just give an approximate number of ten years. Staff informed the Commission that she can include the analysis for the City Council's consideration. Commissioner Weber asked Director Horvitz if it were necessary to scale down the project, is it possible to have some of the features capped out and prepared for future implementation. Director Horvitz stated it is possible. Commissioner Weber also wanted to know if this is done, will there be any guarantees the company that manufactures the components will still be in business when the City is ready to implement more features. Staff told the Commission the company in question was one of the original manufacturers of interactive water features and has been around for many, many years. The component pieces are considered a minimal cost in the scheme of things at around three to five thousand dollars each, and that the infrastructure is where the bulk of the funds are going. Director Horvitz stated she spoke with the Public Works department about an alternate plan if the Commission chooses not to proceed with the project as outlined. If the plans are scaled back, and the re -circulating pump is not implemented in the design, staff stated Public Works can devise a way to leech water to service the park so it is not wasted. Commissioner Leidner questioned staff about the financial numbers as outlined in the Commission packets. Staff acknowledged a calculation err r" 349 Community Services Commission Minutes but stated the end result is the same. Staff provided a breakdown of the budgets on the white board for a visual. Construction costs were listed as one hundred forty thousand dollars, Contingency funds at twenty -thousand dollars, administration funds at five thousand dollars and testing funds at five thousand. Additionally, as reflected in the Commission packets, there is still an available sixty-nine thousand dollars left in the skate park budget along with six -thousand seven -hundred dollars in the Childcare Facility budget that can be drawn from. Commissioner Leidner expressed his concern that waiting further will only make the cost of the building and supplies rise. Commissioner St. Johns expressed her satisfaction with the water recycling program implemented within the City of Big Bear. She had just read in the local Big Bear newspaper, The Grizzly, the community has been successful at recycling some ninety -thousand gallons of water. Commissioner St. Johns stated she feels the re -circulating system is an integral part of the design and concept and is necessary for the City of La Quinta to do their part in recycling. Commissioner Weber asked staff about maintenance on the water feature. Staff stated the City already has an established contract to take care of existing pools and water features and this item would be added to that. There will be an additional four to five hours a week necessary for upkeep and maintenance. Commissioner Weber asked Director Horvitz if, in her opinion, the project can be done including the re -circulating pump and all features as outlined for the available funds plus the additional fifty thousand dollars. Staff said yes, the contractor stated he was confident this will be sufficient for funds however; the contractor also stated the price of concrete is on the rise. Commissioner Leidner asked staff who will take the hit in cost, if the price of cement does in fact rise. Staff informed Commissioner Leidner that if a contract is entered into, the City will not be liable for any additional costs, and that the contractor must absorb them. Commissioner Leidner said it is safe to assume the prices will indeed go up over time. Commissioner St. Johns agreed. Commissioner Weber asked Director Horvitz's opinion on the water feature, GC�4 Community Services Commission Minutas and he wanted to know her thoughts on the final plans. Director Horvitz stated that in her professional opinion, the design of the interactive water feature is befitting the park. It was moved by Commissioners Leidner/Weber to recommend the Interactive Water Feature to be funded using Quimby funds to develop the Interactive Water Feature with the re -circulating system. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Annual Work Plan — Staff stated the City Council was pleased with the work plan as presented. Director Horvitz went over the functions of the Cultural Arts Commission. When the City Council looked at the work plans for both Commissions side by side, they suggested an analysis of combining the two Commissions. Director Horvitz stated she will be working on the staff report, and will mail a copy to each Commissioner. Staff invited the Commissioners to attend the next City Council meeting to listen to the discussion on this. Commissioner St. Johns said she felt the knowledge of the Cultural Arts Commissioners cannot simply be absorbed by the new Commission. The Cultural Arts Commissioners are very experienced and knowledgeable in what they do. Staff stated that in the past, the Human Services Commission and the Parks and Recreation Commissions have been combined. The Cultural Commission and the Art in Public Places Commissions were also successfully combined. Commissioner Leidner asked staff if the issues surrounding this proposal will be addressed at City Council. Staff said they will be addressed and the City Council members wanted to inform the Commissioners so they know what is happening as it affects each of them. B. Resignation of Commissioner Fleck — Each of the Commissioners was in agreement that Commissioner Fleck will be missed as part of the Commission. Commissioner St. Johns asked staff if there is something special that is done for exiting Commissioners. Staff stated the City Council presents a plaque to the Commissioner thanking him/her for their service to the City. 351 0 Community Services Commission Minutes C. Calendar of Monthly Events — Commissioner St. Johns thanked staff for the inclusion of the calendar as it gives a good overview of upcoming events. VIII. COMMISSIONER ITEMS A. Conference Update — Commissioner Leidner stated to the Commission that he felt honored to be selected to attend the Parks and Recreation Conference in Sacramento which took place in March. Commissioner Leidner attended the conference with Dodie Horvitz, Director of Community Services and Kristin Riesgo, Recreation Supervisor. Commissioner Leidner stated that in terms of everything that goes into Parks and Recreation, this conference was a big eye opener. Commissioner Leidner said he attended four workshops while at the conference. The first workshop was titled "Building a Community of Character" and was presented by the City of Mission Viejo. The Mayor of Mission Viejo, Trish Kelly, was elected with this as her platform and made character one of the main focal points. Citizens voted on characteristics they felt the City should embrace. Twelve characteristics were accepted, one for each month of the year. Each month, that particular characteristic became the focus of interest for the City, schools and newsletters. The City of Mission Viejo felt that since this program has begun, there has been an awakening within the City and the educating of youth on being a solid citizen has been enforced. Commissioner Leidner stated said that if anyone wants further information, it is available on the City of Mission Viejo's website for download. The second workshop attended by Commissioner Leidner was called "Parks and Recreation, A Vibrant Partnership". Commissioner Leidner stated he was displeased with this workshop because the brochure advertising it was very misleading. It turned out the workshop was more of a commercial for a touring company who performs Shakespeare than an educational workshop. The third workshop was titled "Increase Your Political Advocacy Knowledge". In the workshop, discussions were held on what citizens 352 Community Services Commission Minuta5 should do to be informed about what is going on in local politics and how to get their voice heard. Commissioner Leidner stated he brought copies of material provided during the workshop for anyone who is interested. The last workshop was called "Trends in Park Design". The focus of the workshop was on destination parks and how they have become important as part of family culture. Commissioner Leidner stated this is an area where a lot of proposition money is being dedicated. Commissioner Leidner said the highlight of the conference was being given the opportunity to go to the Assembly floor for a session. Again, Commissioner Leidner stated he was honored to be extended the invitation to attend and was very pleased that he was given a period of time to get to know the local state representatives. Commissioner Leidner stated this was a very worthwhile event to attend and highly suggests it to whoever is presented with the opportunity to attend next year. Commissioner Leidner said that while in attendance, he had the opportunity to pick up five or six brochures from other Cities so the Commission can get ideas for future events. Commissioner Weber asked Commissioner Leidner how our City brochure compares to other brochures in regards to color and content. Commissioner Leidner stated that although ours is similar to a lot of the other brochures, it is certainly in the upper end of the scale. Staff said that the brochures go through a local printer and have thus far been able to avoid newsprint. The process dictates the Community Services Staff compile the data for the brochure, then the printer typesets the information, afterwards staff will proof the information and finally, the brochures go to print. Commissioner Leidner stated that he saw quite a few other brochures of poor quality and felt that to a certain degree, the quality depends on the amount of funding each City allocates. B. Reports from Commissioners Regarding Meetings Attended — Commissioner St. Johns stated that some names have been suggested for the local elementary school going up in La Quinta as presented in the current day's copy of the Desert Sun. Commissioner St. Johns expressed her satisfaction that Fred Wolff was included as a suggestion. The Commission spent a few minutes discussing the contributions that were made to the City of La Quinta by both Fred and Kay Wolff. Mr. Wolff was 00 Community Services Commission Minutes instrumental in the formation of the City of La Quinta and served as our first Mayor. Additionally, Mrs. Wolff was principal of Desert Sands School and both dedicated their lives to children, education and housing. Additionally, Mrs. Wolff served as a Human Services Commissioner for the City of La Quinta. Commissioner St. Johns also stated that in the article appearing in the Desert Sun, three schools have asked to have YMCA facilities on their premises. The Commissioners all felt this is a positive idea and will serve the community well. Staff thanked the Commissioners for all the help they provided during the annual Community Picnic and Bash on April 30, 2005. Commissioner Weber asked staff for the total number of attendees to which staff replied approximately one thousand four -hundred people. During the course of the event, staff stated four hundred bottles of water were passed out, one thousand four -hundred sodas and one thousand five - hundred hot dogs were passed out. Commissioner Leidner stated the style change of the picnic was more conducive to families staying longer at the event. Commissioner Weber felt the selection of entertainment groups was great because it got entire families involved in the event. The family participation was what distinguished this as a family event as opposed to a commercial event. Commissioner St. Johns agreed and felt that part of the joy of an event of this nature was the family involvement. Commissioner Leidner asked staff about the vendors involved with the event. Specifically, he wanted to know if they were solicited or they approached the City. Staff replied it was a combination of both elements. Past participants, and service providers were sent correspondence requesting their participation in the current year's event. Staff was successful with both groups and received a great response. Commissioner St. Johns stated the response was so good that she received three gift certificates as donations from local restaurants which she turned over to staff. Staff reminded the Commissioners that the final Concert Under the Stars event is coming up on the evening of Saturday, May 14, 2005 and will take 354 008 Community Services Commission Minutes place at the Civic Center Campus from 6:30 P.M. to 8:00 P.M. The event will feature the Youth Mariachi and is the same group that performed during the original park dedication. Additionally, there will be a local Mariachi group that has a rather large following within the valley. Staff reminded the Commissioners to bring a blanket or a lawn chair. Commissioner Weber and Commissioner Leidner both stated they will be unavailable to attend the event, but Commissioner St. Johns stated she will most likely be in attendance. Commissioner Leidner asked staff about the white tent that has popped up in Old Town La Quinta. Staff stated it is where the La Quinta Playhouse, in conjunction with the La Quinta Onstage has set up for a production of "Art". The performance will run Friday and Saturday nights during the month of May. Staff also stated there are dinner packages available which include dinner at Stuffed Crust Pizza and theatre tickets. IX. ADJOURNMENT It was moved by Commissioners Leidner/Weber to adjourn the Community Services Commission meeting at 8:00 PM. Unanimous. NEXT MEETING INFORMATION Monday, June 13, 2005 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Christy Kerry, Comqudnity Services....,S'ecretary 009 REPORT/INFORMATIONAL ITEM: I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 26, 2005 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill, and Chairman Tom Kirk. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: v A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of March 22, 2005. There being no corrections, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: A. Tentative Tract Map 33015; a request of Riviera Villas, LLC for consideration of a nine -unit single-family detached residential condominium subdivision, with one custom lot on 2.37 acres, located within PGA West Palmer Private Course area, at the northeast corner of Shoal Creek and Riviera. 1. Commissioner Daniels stated he had a potential conflict of interest due to the location of his residence in relation to the tract. He excused himself and left the dais. 356 G:\WPDOCS\PC Minutes\4-26-05.doc Planning Commission Minutes April 26, 2005 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if there was an arrangement with the homeowners' association (HOA) to accept the maintenance. Staff stated it was his understanding. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, representing the applicant, stated they had reached an agreement with Res 1 HOA to be annexed. He went on to give a history of the project and their request. He asked for clarification on conditions in regard to the off -site improvements that were not completed by the prior owners in regard to fees and/or improvements. Specifically Conditions #22, #16.E., 34.A.1.b., and #44. Assistant City Engineer Steve Speer stated that in respect to the Avenue 54 there is no street widening and staff does not want the meandering sidewalk. Condition #34.A.1.b. the applicant will construct the block wall. Condition #44 is a timing issue only and Condition #16.E. can be deleted. 5. Chairman Kirk asked if there was any other public comment. There being none, the public participation was closed and open for Commission discussion. 6. Commissioner Alderson asked if there was a house designed for this parcel and was it part of this tract. Staff stated a Laurel's plan it was approved for this lot. The custom lot will be sold and has nothing to do with this site development permit. 7. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed. 8. It was moved by Commissioners Alderson/Quill to adopt Planning Commission Resolution 2005-015 approving Tentative Tract Map 33015, as recommended by staff and as follows: a. Conditions 16.E., 34.A.1 .a. deleted. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. 357 Planning Commission Minutes April 26, 2005 Commissioner Daniels rejoined the Commission. B. Sign Application 2005-871; a request of Prest/Vuksic Architects for McDermott Enterprise for consideration of a revised Sign Program for the La Quinta Professional Plaza, located on the southeast corner of Washington Street and Avenue 47. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the majority of the tenants were to be office uses with some commercial users. Staff stated there are two commercial tenants and the remainder are office uses. 3. Commissioner Daniels asked for a definition of "raceway". Staff clarified it was the housing of the sign that carries the internal components. 4. Chairman Kirk asked if the Zoning Code allowed a sign on every elevation. Staff stated it was determined on how the building was situated. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Vuksik, representing the applicant, stated he was available to answer any questions. 6. Chairman Kirk asked about national "branding" as to where it came from. Mr. Vuksic stated it has become a common term as most national tenants will not occupy a building unless they know they will be able to use their logo sign. 7. Commissioner Alderson stated the color is not covered under the brand identity. 8. Chairman Kirk asked if the owner of the building had a more stringent sign requirement than the City's Zoning Code, could the Commission approve a change to the owner's requirements. City Attorney Kathy Jenson stated it was a fine line where the City regulations start and stop. 358 Planning Commission Minutes April 26, 2005 9. There being no further public comment, the public participation was closed and open for Commission discussion. 10. It was moved by Commissioners Ladner/Daniels to adopt Minute Motion 2005-004 approving Sign Application 2005-871, as recommended by staff. Unanimously approved. VI. BUSINESS ITEMS: None. A. Site Development Permit 2005-834; a request of David Sacculla, Choice Enterprises for consideration of architectural and landscaping plans for three new prototype residential units with two facades, located at the southwest corner of Avenue 60 and Madison Street. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the applicant removed the date palms from the plans. Staff stated yes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Sacculla, representing Choice Enterprise, stated he did have an objection to removing the date palms. Every tract in the Valley has date palms and it would deter from his project. 4. Commissioner Daniels asked the location of the proposed palm trees. Staff stated on the perimeter. Mr. Sacculla stated they would be staggered on the perimeter and throughout the project. 5. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. 6. Commissioner Alderson asked if there was an alternative palm tree such as a Queen Palm. Staff stated it is at the pleasure of the Commission. 7. Commissioner Quill stated he agreed the date palm tree was a part of the desert and he had no objection to allowing the tree. C 359 Planning Commission Minutes April 26, 2005 8. Commissioner Ladner stated aesthetically they are the proper tree for this area. 9. There being no further discussion, it was moved and seconded by Commissioners Daniels/Alderson to adopt Minute Motion 2005- 005 approving Site Development Permit 2005-834, as recommended by staff with the removal of the date palm condition. Unanimously approved. B. Site Development Permit 2004-820; a request of Ehline company for Coral Ridge L.L.C. for consideration of a condition review of landscaping plans for Tract 31249 (Village at Coral Mountain), located on the south side of Avenue 58, %2 mile west of Madison Street. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked about setting the turf back from the curb. 3. Commissioner Quill questioned whether or not the turf would be next to the curb. Staff stated the Architecture and Landscape Review Committee was concerned also and went with staff's recommendation to move the turf back from the curb. Commissioner Quill stated the Commission had approved the landscaping for the models with the turf next to the curb, but not for the production units; the turf should be moved back. Staff stated the models were not included in this application as this approval is for the production units. 4. Commissioner Alderson asked the height of the palm trees at the entry. Staff estimated 15-25 feet. 5. Commissioner Quill stated the plans should state the grass should be a hybrid Bermuda sod. 6. Chairman Kirk asked if the applicant would like to address the Commission. The applicant was not present. 7. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. r t.360 Planning Commission Minutes April 26, 2005 8. Commissioner Quill stated the transitional area from the curb should be a condition. Staff stated it would read a sprinkler head distance. 9. It was moved by Commissioners Alderson/Quill to adopt Minute Motion 2005-006 approving Site Development Permit 2004-820, as recommended by staff. Unanimously approved 10. Commissioner Quill stated it was unfortunate that the applicant was not present to answer questions of the Commission. 1 1 . Commissioner Daniels agreed. 12. Commissioner Ladner agreed, but as they did not know the reason, she would not want to penalize the applicant without knowing. 13. Commissioners Alderson/Quill withdrew their motion and second. 14. Commissioners Quill/Daniels moved to continue to May 10, 2005. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioners gave a brief summary of the Planners Institute they attended. B. Community Development Director Doug Evans gave a Department Report. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on May 10, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:57 p.m. on April 26, 2005. Respectfully submitted, �`""' 4Be wyer, Executive Secretary City of La Quinta, California ('. 361 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 10, 2005 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Vice Chairman Quill who asked Commissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Ms. Kay Wolff, 77-227 Calle Ensenada, asked to address the Commission on some issues of concern to her. Some of those concerns are water, noise, traffic, view, security, and safety. She asked where the planning for the future begins in regard to City staff, boards and/or commissions. It should be contained in the General Plan. The community does not understand its meaning and how it affects their City. When the City updated the General Plan she did not see any evidence that the City was going to keep the density low to retain the unique nature La Quinta has been known for. She would like to know who is responsible to oversee these issues. Is it the Council level or Planning Commission, or staff; is there a vision for the City of La Quinta and if so, who has it. It isn't in the General Plan. Why are we talking about turf at Commission instead of the bigger picture? How are we going to keep La Quinta from urban sprawl and differentiate ourselves from other cities? She realizes these are rhetorical questions, but she would like to bring it to the Commissions attention. 1. Commissioner Quill thanked Ms. Wolff for her diligence in maintaining the Bear Creek Bike Path. He agrees with her comments and understands her concerns. 2. Commissioner Ladner stated she too agrees, but at the same time she realizes what their parameters are as Commissioners. 362 G:\WPDOCS\PC Minutes\5-10-05.doc Planning Commission Minutes May 10, 2005 3. Commissioner Alderson stated as the newest member of the Commission he is just getting an understanding what the General Plan is and how it applies to the City. 4. Chairman Kirk thanked her for coming and providing her insight. He would like to believe the General Plan is the City's vision and hopes it can be addressed more if annexation to the east is considered. It may be an opportunity to lower the density and preserve the rural lifestyle. He asked that Ms. Wolff keep watching the Planning Commission and City Council and reminding them there needs to be a "grand plan" and not get caught up in the little issues. They have gone from approving every project that requests water intensive landscaping to observing very strict landscaping requirements. III. CONFIRMATION OF THE AGENDA: A. Staff asked that the approval of the minutes be deleted from the agenda. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: VI. BUSINESS ITEMS: A. Continued - Site Development Permit 2004-820; a request of Ehline company for Coral Ridge L.L.C. for consideration of a condition review of landscaping plans for Tract 31249 (Village at Coral Mountain), located on the south side of Avenue 58, %2 mile west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the primary concern was the distance of the sprinklers from the curb. Staff stated yes and explained moving them back was to keep the back spray from out of the street. 3. Commissioner Alderson asked if the sprinklers were to be 18 inches from the curb or whether or not it was a water 363 G:\WPDOCS\PC Minutes\5-10-05.doc Planning Commission Minutes May 10, 2005 conservation issue. Staff stated yes, to keep it from draining into the street. By moving it back 18 inches the turf does not erode and cause drainage into the street where decomposed granite (DG) could allow the water to go into the street. 4. Commissioner Quill stated he had just attended a meeting where a discussion was held on keeping the water from draining into the street. This was the reason the Commission continued this item. The models were agreed to and the remaining units would be restricted from using the turf at the curb. 5. Mr. Chris Hermann, landscape architect, stated they have addressed this concern before and have had success with moving the sprinklers back 18 inches and using turf to the curb. The issue is not just irrigation, but engineering, curb and gutter designs, and grading. He believes the better solution is to reduce the grade up against curb. He does not believe the gravel strip is the best solution. He also has concerns about the DG strip and the maintenance. Bermuda grass is aggressive and will grow into anything. The best solution to him would be to move the sprinklers in the 18 inches with turf. This meets CVWD requirements. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if they had any detail drawings to ensure the grass would not grow over, etc. Mr. Hermann stated they could provide them, but did not have any with him. Commissioner Quill stated it should be in the fine grading plan as well as the landscaping plan. Mr. Hermann stated they could do this. 7. Commissioner Daniels asked if there was a qualified landscape architect on the site to inspect the installation. Mr. Hermann stated no. It is the general superintendent who is responsible to handle the grading and the irrigation system, etc. 8. Commissioner Alderson asked if the Bermuda grass is a hybrid. Mr. Hermann stated it is. 9. Commissioner Quill displayed a hand drawing showing the sod planted two inches below the curb, at the back of the curb, sloping down into a swale at 2%, and then the sprinkler head installed at 18 inches from the back of the curb. Mr. Hermann stated he would agree with this design. 364 G:\WPDOCS\PC Minutes\5-10-05.doc Planning Commission Minutes May 10, 2005 10. Commissioner Ladner asked if he had any pictures of where this design had been successful. Hermann stated no. 1 1 . Chairman Kirk asked if he could confirm they had met the CVWD standards; if so, by how much. Mr. Hermann stated they met them confidently. The calcs are on the front of the landscaping plans. Discussion followed regarding the calcs. 12. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. 13. Commissioner Ladner stated she agrees with the high maintenance this puts on the HOA. She would agree with the sprinkler heads being moved back 18 inches, but she is still concerned with what the grass will look like. 14. Commissioner Quill stated he believes the 18 inches will be sufficient. His concern is that after time the grass will still grow and water will still end up in the gutter. He would like to see the swale. 15. Commissioner Ladner stated she was concerned with someone tripping in the swale. Mr. Hermann stated it is a CC&R issue. 16. Commissioner Daniels stated the 1 % grade is sufficient. 17. Commissioner Alderson stated the two inches below the curb will help. 18. Commissioner Daniels stated there is a conflict between the City standards and this application. He agrees with Commissioner Quill's drawing but, he would like to see the final grading certified by the landscape architect that it meets these parameters. Lastly, he would like to see staff look into changing the Code to add this drawing standard to the Code. 19. Chairman Kirk stated the solution he would like to see is very little turf. It is not fair to put it on this applicant because the landscape Ordinance does not require it. Another problem is the faulty irrigation systems. He would encourage tightening up the Landscape Ordinance, but there still remains a problem if there is faulty equipment. �. 365 G:\WPDOCS\PC Minutes\5-10-05.doc Planning Commission Minutes May 10, 2005 20. It was moved by Commissioners Daniels/Quill to adopt Minute Motion 2005-007 approving Site Development Permit 2004-820, as recommended by staff and as amended: a. Sprinklers shall be located 18 inches from the back of the curb. The turf shall be recessed below the back of curb two inches. The area between the back of curb and 18- inch sprinkler line shall be lowered 1 %. b. The grading shall be certified by the landscape architect. 21. Commissioners Alderson and Ladner stated their concern about going overboard on the conditions. 22. Following discussion, the motion was unanimously approved. Val. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Daniels asked that staff have a work session for the Commission to discuss the Landscape Ordinance and CVWD requirements. He asked if the Commission was being effective adding this type of standards to the Ordinance. Chairman Kirk asked if Mr. Hermann would like to help with the drafting of the amendment. Mr. Hermann stated he would be happy to volunteer. Chairman Kirk asked that staff invite CVWD as well as Mr. Hermann,. and Kay Wolff to the work session. It was moved and seconded by Commissioners Quill/Ladner to have this item placed on the agenda. Unanimously approved. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on May 24, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:49 p.m. on May 10, 2005. Respectfully submitted, y J. 4Quinta, Executive Secretary City o a California 366 G:\WPDOCS\PC Minutes\5-10-05.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 24, 2005 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planners Fred Baker and Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Ms. Marty Butler, Trans West Housing, spoke regarding front yard landscaping. She requested a study session be held to review the City's standards and requested her company be able to participate. Chairman Kirk thanked her for their interest and stated this would be discussed at a future meeting. B. Ms. Kay Wolff, 77-227 Calle Ensenada, noted the amount of new construction being proposed and asked if it fits into any kind of plan for the City. Do the new projects fill a need in the City, or a demographic need? She is struck by how many developments that have large footage, multi -tenant retail, fast foot restaurant, one-story medical facility, another big box store, and home occupations. Her question is whether or not all these projects fit into an overall plan. Can we shape commercial development to meet the needs of our diverse community? III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of April 26, 2005. There being none, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. Chairman Kirk asked if there were any corrections to the Minutes of May 10, 2005. There being none, it was moved and seconded by Commissioner Daniels/Ladner to approve the minutes as submitted.( , 367 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Site Development Permit 2005-835; a request of Stamko Development Co. for consideration of development plans for a multi -tenant retail store consisting of 23,000 square feet, located at the southwest corner of Highway 1 1 1 and Dune Palms Road 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker informed the Commission the applicant had requested a continuance to June 14, 2005. 2. It was moved and seconded by Commissioners Ladner/Alderson to continue Site Development Permit 2005-835 to June 14, 2005. Unanimously approved. B. Site Development Permit 2005-829; a request of Tarlos & Associates for consideration of development plans to allow the construction of a 3,100 square foot Wendy's restaurant on a 0.80 acre site, located at the northeast corner of Auto Center Drive and La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of the applicant. Commissioner Alderson asked if the parking was reciprocal. Staff stated the owner of the site has confirmed in writing there is shared parking. Commissioner Alderson questioned why the entry to the south went right by the trash enclosure. Staff stated that due to the configuration of the site this was the only resolution. Commissioner Alderson asked about the 35-foot high light fixtures. Staff stated it was consistent with the Specific Plan for this site. Commissioner Alderson asked about the "no left turn" sign at the end of the drive-thru aisle. Staff stated it was to deter cars from entering the drive-thru lane at the wrong location. 3. Commissioner Daniels asked if the circulation could be improved by closing the exit onto Auto Center Drive, removing two parking spaces on the east side, and putting in an access to keep from having an exit onto a street. It would be better to have them enter 368 and exit into the larger parking lot. Staff reviewed the circulation G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 plan and their concerns regarding changing the access points. Commissioner Daniels stated additional stacking could be created if the drive -up window were moved further south. Also, the trash location could be moved to where there is only one parking space. 4. Commissioner Quill asked for identification of the plants along the drive-thru lane. Staff explained the Architecture and Landscape Review Committee (ALRC) requested it be lantana. Commissioner Quill asked the elevation of the curve in relation to La Quinta Drive. Staff stated it was their understanding they were flush. 5. Commissioner Ladner asked why lantana instead of the Bird of Paradise. Staff stated the Bird of Paradise was a species that would grow very tall and branch out to block the driveway. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Tarlos, the applicant, gave a presentation on the project. In regard to the trash enclosure location, it was chosen by Waste Management. In regard to the plant material, they were asked to replace the Bird of Paradise with lantana by the ALRC. 7. Commissioner Daniels asked about closing the access onto Auto Center Drive and extending the one way exit through the drive-thru and to the southeast. Also, relocating the existing driveway out of the parking lot to the north to make it a one-way circulation plan. Mr. Tarlos stated that to take the double drive, on the right side of the project, it does not line up with the driveway across. It would be difficult as to do this would be a traffic issue internally as well as a conflict with the Goodyear to the north. Commissioner Daniels asked the distance between the southern point on Auto Center Drive and the corner of this side with the driveway on the east. Mr. Tarlos stated about 30 feet or two cars. 8. Commissioner Quill asked the elevation of the pavement at the drive thru window as it relates to directly across the top of curb elevation on La Quinta Drive. Mr. Tarlos stated it is the same as the top of the curb. The bottom of the pavement to the top of the wall is four feet. 9. Commissioner Alderson asked why the trash enclosure could not be moved to the west side. Mr. Tarlos stated the trash truck cannot make the turn to get out of the parking lot. Community Development Director Doug Evans stated that if the Commission i� 369 G:\WPDOCS\PC Minutes\5-24-O5.doc Planning Commission Minutes May 24, 2005 concerned about this location, the Commission can request the applicant work further with Waste Management to relocate the enclosure. He would suggest the east side. 10. Chairman Kirk asked if Waste Management would allowed sunken trash enclosures. Staff stated it was a negotiating issue with Waste Management. 1 1 . Commissioner Daniels asked about the driveway on the east as his concern is the access onto Auto Center Drive. Discussion followed regarding alternative access points. Staff stated the Specific Plan shows this access. 12. Commissioner. Ladner asked if Wendy's had a long-range plan to maintain the landscaping. The construction manager stated their goal is consumer satisfaction. They will do what is necessary to maintain the landscaping. Commissioner Ladner stated the Bird of Paradise blends better with the architecture. 13. Commissioner Daniels asked if there would be plant material between the curb and wall. Mr. Tarlos stated the landscaping is already installed. 14. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 15. Commissioner Ladner asked if the Commission had the latitude to deny the use. Community Development Director Doug Evans stated there is a large group of people where this use meets a need. It is less visible as it is not located directly on Highway 111. 16. Chairman Kirk stated the Commission has expressed concern as to the number of fast food and/or gas stations in La Quinta. 17. Commissioner Ladner asked if this was the right location for this use. 18. Commissioner Daniels stated his concerns were the access. He would like to see a shared access with Goodyear to the north. He would like to see landscaping in the median. '3 7�0 c , G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 19. Commissioner Quill stated his concerns were the landscaping. He would like to see the landscape plans brought back to the Commission for review prior to a Certificate of Occupancy or final inspection. He would like the Chilean Mesquite replaced with a different variety tree. He would also like to see a different plant than the lantana. The landscape plans need to show what is planted on the Highway 1 1 1 landscaping. If there is no berm he wants adequate screening in addition to the four foot wall. He would like to see the grading plans as well. 20. Commissioner Alderson stated he too did not like this type of use along Highway 1 1 1, but if there is to be one, this location is the best. He agrees with the landscaping being returned to the Commission for review. 21. It was moved by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2005-016, approving Site Development Permit 2005-829, as recommended by staff and as amended: a. Condition #37: amended to add with lantana as ground cover and an espaliered vine. b. Condition #38: Amended to read, "The final landscaping and grading plans for the project shall be submitted to the Planning Commission for review and approval prior to issuance of building permits. d. Condition added: The Chilean Mesquite shall be replaced with an alternate tree. e. Condition added: The parkway landscaping shall be added to the final landscaping plan. f. Condition added: The applicant shall work with staff to see if there is an alternate site for the trash enclosure. 22. Commissioner Daniels stated he would be voting no as he is not convinced this is a good circulation plan. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: Commissioner Daniels. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2005-832; a request of Alfred H. Cook, AIA/William R. Kelly Trust for consideration of architectural plans for a 4,600 square foot, one-story medical office building in the La Quinta Professional Plaza, located on Parcel 12 of Tentative Parcel Map 29889 — the east side of Washington Street + 300 feet south of Avenue 47. r 371 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if staff was concerned with aesthetics or the Title 24 issue on the east elevation. Staff stated it related to requiring shading on the east elevation. 3. Commissioner Daniels asked why the landscaping along the common driveway is not extended. Staff noted the circulation pattern and why the landscaping ends at the property line. Community Development Director Doug Evans stated a wide area of asphalt or nonuse would not be attractive in this location. They may not want consider a condition that this be resolved in the final landscaping design stage and if, in the event, it does not become part of the circulation for the adjoining property, then require it to be landscaped further. If there is going to be parking a buffer should be provided. Commissioner Daniels agreed 4. Chairman Kirk stated he had a concern on the number of parking spaces. He stated there appears to be an administrative decision that allowed Parcel 11 to become a restaurant. Staff noted the applicant indicated at the time of that application, it was to be an office or restaurant, but they also increased the size of the parcel from 3,600 to 5,600 square feet. Chairman Kirk asked the number of parking spaces needed for all the parcels. Staff stated they are required to have 275 parking spaces and they are providing 211. Community Development Director Doug Evans stated that during the day the parking will be difficult at peak times. 5. Commissioner Ladner asked if the other restaurant was dinner only. Community Development Director Doug Evans stated there are no restrictions on when the restaurant can be open. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Cook, the architect and Dr. Kelly, the owner, stated they were available to answer questions. Mr. Cook stated the pad site is developed. All they have to do is build the building. He did question the landscaping on the adjacent property owner. According to him he did have the number of required parkir}g 372 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 spaces. Dr. Kelly stated the intended use of the building is to have an MRI practice. Rarely are there more than two patients and five employees. The other tenant would have four employees with a low level of patients at any one time. 7. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if any of the patients would come by transit. Dr. Kelly stated rarely. The employees could, but probably not. 8. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. 9. Commissioner Alderson confirmed he has no room for modifications as the parking lot is built and this applicant has nothing but the pad site to work with. 10. Commissioner Quill stated he likes the plans as submitted and thanks the applicant for the thoroughness of the application. 11. Commissioner Daniels stated it is an attractive building. 12. Chairman Kirk stated he is concerned with the number of parking spaces. This applicant may not be there in 40 years and should he move would there enough parking for a different use. He was concerned whether this site had a dedicated right turn deceleration lane along Washington Street. Associate City Engineer Paul Goble stated this may be an opportunity to require the deceleration lane, but it would not serve any interest to require it at this time. 13. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-017, approving Site Development Permit 2005-832, as recommended by staff and as amended: a. The landscaping between the two parcels shall be resolved in final landscaping design stage and if in the event it does not become part of the circulation for the adjoining property, the site shall be landscaped further. If there is going to be parking, a buffer should be provided. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 373 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 D. Site Development Permit 2005-827; a request of Colbourn -Currier -Noll Architecture, Inc. for Innovative Resort Communities, for consideration architectural and landscaping plans for four prototypical residential plans and clubhouse for use in Tract 31732, located at the southeast corner of Monroe Street and Avenue 60. E. Site Development Permit 2005-828; a request of Colbourn -Currier -Noll Architecture, Inc. for Innovative Resort Communities, for consideration architectural and landscaping plans for four prototypical residential plans and clubhouse for use in Tract 31733, located at the northeast corner of Monroe Street and Avenue 61. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. He asked staff to address the concerns of the ALRC and how they were resolved. Staff discussed the streetscape, variety of garage doors proposed, and how the elevations had changed. 3. Commissioner Quill asked about the major arterial corridor that may be planned along the alignment for Avenue 62, shifting up to Avenue 60, going to a significant arterial at the intersection of Monroe Street. The map has been approved for this tract, but the right-of-way on the north side of Avenue 60 may not be adequate for that future thoroughfare. Associate Engineer Paul Goble stated staff has not reviewed the tracts in regard to this proposal, but rather with how it meets the current City standards. Staff is trying to better define the City's arterial upgrades in terms of profile as well as structure sections and what will happen with the Travertine development. Commissioner Quill stated this road is not a reality, but the problem he sees is that if this arterial is not upgraded and this thoroughfare is as substantial as what the County is proposing along the 60th corridor, this row of lots adjacent to Avenue 60 will go away. Community Development Director Doug Evans stated this is a CVAG transportation staff's recommendation to evaluate a south Valley parkway. Staff is concerned that a different roadway cross section might be proposed for our community, but staff would not be able to evaluate it as it is speculative. Discussions are still taking place and staff is encouraging north/south linkages. Kathy Jenson, Clty 374 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 Attorney, stated it cannot be done at this time in regard to this project. Discussion followed as to the potential location of the roadway and its impacts on development. 4. Commissioner Alderson asked if the neighborhood around this project was built. Staff stated to the east, north and south is vacant. Trilogy to the west, is under construction. 5. Commissioner Daniels asked if any of these lots were prohibited from two story. Staff stated Monroe Street may be the only street that has a height limitation. Commissioner Daniels stated his concern was that there were no two story units along the perimeter lots. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Pete Bilicki, Innovative Resort Communities, gave a presentation on the project. 7. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked about the sprinkler setback. Mr. Bilicki stated that from a design. prospective, they meet CVWD requirements. The ALRC requested the sod be brought to the curb with sprinklers setback 18-inches from the curb. This is subject to CVWD approval, but they will do a meandering setback for the strip. 8. Commissioner Alderson stated there does not appear to be any real elements to say this is a Mediterranean style. Mr. Bilicki stated they have added curved windows, garages setback, gable roofs, the gable with no overhang with the tile wrapping around, color changes, and added stone. 9. Commissioner Quill asked if there was any wood fascia. Mr. Bilicki stated they were exposed rafter tails. 10. Commissioner Alderson asked if the flat clay tile was more Tuscany instead of Mediterranean. Mr. Bilicki stated they were going for a variation in the roofs and color. Commissioner Alderson noted two of the unit plans have a casita on the second floor. Mr. Bilicki stated this has been a successful design on other projects they have developed. 11. Commissioner Ladner asked if they are planned unit developments. Mr. Bilicki stated yes, and the homeowner will insure the units. 375 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 Commissioner Ladner asked about the color palette for the rear of the units. She also asked the price range of the units. Mr. Bilicki stated $400,000 to $800,000. 12. Chairman Kirk asked what the logic was behind the request of the ALRC to have a higher percentage of hip roofs rather than gable. Staff stated they do not believe they set any requirement on the number. Chairman Kirk asked if there was an elevation for the clubhouse. Mr. Bilicki stated no. Chairman Kirk asked if there was a pedestrian link between the two projects. Mr. Bilicki stated there is none. Chairman Kirk noted on the plans when the link was shown. He asked if there was any objection to there being no gate between the two projects. Mr. Bilicki stated he would not, but the HOA may choose to have it at the option of the HOA. Chairman Kirk asked if CVWD had the right to override the City's conditions in regard to the 18-inch setback for the sprinkler heads. Community Development Director Doug Evans stated no. They are to approve the water useage; the City approves the design. 13. Chairman Kirk asked if there was any other public comment. There being none, it was open for Commission discussion. 14. Commissioner Alderson stated his initial impression of the product was that they are lacking in design. The site layout is very well done, but in his opinion the unit types still need work. 15. Commissioner Quill agreed. He likes the idea of the second story casitas along with the rear loaded garages. The elevations, however, are lacking. He is concerned that we are not creating walkable, habitable communities. 16. Commissioner Daniels also agreed. In regard to the 18-inch setback he would like to see the same treatment they required on a previous tract; grass to the curb, recessed two inches with a 1 % swale back to the sprinkler. 17. Commissioner Ladner stated she also agreed. In regard to the architectural style, she does not believe they are high end designs. We may not like gated communities, but they do save the City money. She would not agree with requiring an opening between the two tracts due to insurance issues for the HOA. She does like the floor plans. The lack of the design is made up by the floor plans. t:. 376 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 18. Chairman Kirk stated this project represents a turning point in some ways. This is the only section of the City that is east of Monroe Street and he wonders if this sets a different set of standards. This project is surrounded mostly by agricultural land. He too does not like all the wall compounds throughout much of the Coachella Valley. There are too many and yet he understands there is a demand for them. Yet, he believes there is also a demand for more open pedestrian -friendly communities. This is particularly the case where this City, with respect to the northern property, has significantly increased the density. Before that property was agriculturally zoned in the County and there was some consideration for low density housing, yet today it is much higher density. When he looks at a high density project he believes there is a higher standard in terms of architectural detail and pedestrian connection. The land plan is reasonable, but the clubhouse plans and common facilities are also reasonable. Yet, as he looks at these designs he cannot support them. Community Development Director Doug Evans stated the applicant was counseled by the ALRC at their first submittal to redesign the product. From the standpoint of the Commission's action, the Commission may want to give the applicant guidance and let him come back without having to go to the appeal process. 19. Chairman Kirk reopened the public comment and asked the applicant if he would prefer a vote or continuance. Mr. Bilicki stated they spent the energy and time to redesign their project according to ALRC's recommendation. He would be open to constructive comments. 20. Commissioner Alderson noted his concern about the flat concrete roof, exposed rafter tails, and wrought iron railing. The designs are more Tuscan and he does not believe they are what he is trying to achieve. His only concern is the front elevations. 21. Chairman Kirk stated he would still like to see a colored elevation of the clubhouses. He would also like to see the alley layouts as well as the landscaping of the alleys. 22. Commissioner Daniels stated he agrees so far and would like to see the access between the two tracts kept open. 23. Chairman Kirk asked if staff could set a meeting between CVWD and the Commission, at a future date, to work out these issues, on streetscape landscape. Staff would look into the request. C '� 377 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 24. Chairman Kirk reopened the public hearing and asked for a motion. 25. Following discussion, it was moved by Commissioners Quill/Daniels to continue Site Development Permit 2005-827 to June 28, 2005, subject to the following requests: a. The applicant shall submit colored elevations of the clubhouse and facilities; b. Additional detail shall be added to the front elevations; C. A description of the rear yards, alley layout as well as the landscaping shall be submitted; d. The pedestrian access shall be kept open; and e. The streetscape shall have grass to the curb, recessed two inches with a 1 % swale back to the sprinkler head. Unanimously approved. 26. It was moved and seconded by Commissioners Quill/Daniels to continue Site Development Permit 2005-828, to June 28, 2005, with the following recommendations: a. The applicant shall submit colored elevations of the clubhouse and facilities; b. Additional detail shall be added to the front elevations; C. A description of the rear yards, alley layout as well as the landscaping shall be submitted; d. The pedestrian access shall be kept open; and e. The streetscape shall have grass to the curb, recessed two inches with a 1 % swale back to the sprinkler head. Unanimously approved. F. Site Development Permit 2004-831 and Sign Permit 2005-879; a request of Thomas Enterprises for consideration of development plans for Phase 2 of the Pavilion at La Quinta project consisting of 72,770 square feet and a sign permit for Best Buy for the property located at the northeast corner of Highway 1 1 1 and Adams Street. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 378 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked that detail be added to the rear elevation. Staff has requested that each use have a different color. Commissioner Quill asked if the landscaping was approved under the first phase. Staff stated the perimeter landscaping was approved under the first phase. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Norman Barrett, architect representing the applicant, gave a review of the project. In regard to the rear elevation, they are behind the Post Office and World Gym. They are set back from Highway 1 1 1 and there is a ten foot screen wall between the Post Office and a six foot screen wall between World Gym. They will have a landscape strip. On the Phase 1 they did address the rear elevations for the Henry's Market and Best Buy buildings. There is a color change between the buildings to contrast them. In regard to the conditions he would like clarification to the blue background. Staff stated the blue element that wraps around should be removed on the Best Buy building. Mr. Barrett explained the ALRC agreed to allow it after he explained the purpose and reduction. Community Development Director Doug Evans stated the blue will be the fastest fading color. Condition #3 is not an objection to the blue as much as it is an objection to the material proposed that will hold the color. In regard to the Best Buy sign, for the size of the tenant staff did a comparison to other buildings with the same leaseable space. Discussion followed. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if there was a gate at the end of the cul-de-sac. Mr. Barrett stated it is an emergency access gate. 5. Chairman Kirk asked if there was any other public comment. There being none, the public hearing was closed and open for Commission discussion. 6. Commissioner Daniels stated he likes the overall design and agrees with staff that some detail is needed on the rear elevation. In regard to the blue color strip, he agrees it should be a different material. 7. Commissioner Quill stated he likes the design of the building, but does not like the sign. He believes the blue color is part of the overall sign and is too much. 9 is G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 8. Commissioners Ladner and Alderson agreed that the blue should be considered part of the sign. 9. Chairman Kirk stated he too believes the blue is part of the total sign area and should not wrap around the building. 10. It was moved by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2005-018, approving Site Development Permit 2004-831, as recommended by staff and as amended: a. The rear elevations shall be painted accent colors for each occupant and additional treatment shall be provided to the satisfaction of the Community Development Department. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 11. It was moved by Commissioners Alderson/Daniels to adopt Minute Motion 2005-008, approving Sign Permit 2005-879, as recommended by staff and as amended: a. The east side blue element on the Best Buy side elevation that wraps around, shall be eliminated. Unanimously approved with Commissioner Quill voting no. G. Zoning Ordinance Amendment 2005-082; a request of the City for consideration of an Amendment to Title 9 of the La Quinta Charter and Municipal Code amending Chapters 9.60 and 9.210 relating to Home Occupations 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if there were any public comment. Ms. Kay Wolff asked if this was similar to a child care facility. Staff stated they are different ordinances. There being no further public comment, the public participation was closed and open for Commission discussion. 380 G:\WPDOCS\PC Minutes\5-24-05.doc Planning Commission Minutes May 24, 2005 3. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-019, approving Zoning Ordinance Amendment 2005-0825, as recommended by staff and as amended: ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Review of City Council meeting of May 17, 2005. B. Department report: Community Development Director Doug Evans stated at the direction of the Commission, staff would work on some proposals to bring back to the Commission for their review on landscape requirements. Chairman Kirk stated the concerns were more global in regard to the current City Landscape Ordinance. Staff suggested two Commissioners be assigned to work with staff on this subject. Commissioners Quill and Ladner were assigned. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Ladner/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on June 14, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:22 p.m. on May 24, 2005. Respectfully submitted, Betty . S er, Executive Secretary City of La Quinta, California ( 381 G:\WPDOCS\PC Minutes\5-24-05.doc REPORT/INFORMATIONAL ITEM: CV-0 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 4, 2005 10:00 a.m. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:10 a.m. by Principal Planner Fred Baker. B. Committee Members present: Frank Christopher, Bill Bobbitt, and David Thorns. C. Staff present: Principal Planners Stan Sawa and Fred Baker, Associate Planner Wallace Nesbit and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of April 6, 2005. There being no changes, it was moved and seconded by Committee Members Christopher/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-835; a request of Stamko Development Co. for consideration of architectural and conceptual landscaping plans for a multi -tenant retail store consisting of 23,000 square feet for the property located at the southwest corner of Highway 111 and Dune Palms Road within the Centre at La Quinta commercial development. 1. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Chris Clarke, Russ Beckner, and Dave Street, the architect, who gave a presentation on the project. 382 G:\WPDOCS\ALRC\5-4-05 ALRC.doc Architecture and Landscaping Review Committee May 4, 2005 2. Committee Member Thoms stated he was concerned about this type of building at this corner. The building at this corner should have a lot of attention. The "spoilers" that stick up need to be removed. Ms. Clarke stated it was an element that was carried throughout the Center; however, it could be removed. 3. Committee Member Bobbitt stated he does not like the boxy look of the entire Center as well as the steel element. He does agree however, they cannot change the theme in midstream. 4. Committee Member Christopher stated that as far as streetscape, it is a poor design. The question is whether or not to carry on a bad design or change it. He suggested stack stone or something be added to give it character. The design criteria have been established with a design this Committee does not like, but staff's suggestions for this building are good. He is not opposed to the colors on the accent steel element, but the streetscape of the building needs to be enhanced. He agrees with staff's recommendations. 5. Committee Member Thorns agreed the horizontal blue spoilers should be eliminated. 6. Committee Member Bobbitt agreed with the addition of wainscot or stack stone. Staff stated it was not their intention to change the footprint, just to add some detail. 7. Ms. Clarke gave a description of the proposed landscaping to enhance the east, west, and south elevations. 8. Committee Member Bobbitt asked about Figure #13 on the landscape plans. There appear to be three tree wells; why was the fourth left out? Ms. Clarke stated she didn't know, but would ask the landscape architect. 9. There being no further questions of the applicant, it was moved and seconded by Committee Member Christopher//Thoms to adopt Minute Motion 2005-014 recommending approval of Site Development Permit 2005-835, as recommended by staff and amended: a. Deeper window recesses, bringing out the awnings; �.: 383 Architecture and Landscaping Review Committee May 4, 2005 b. The blue horizontal spoilers (metal beams), shall be removed; C. Provide additional stack stone/natural wainscoting on parts of the front elevation of the building. Unanimously approved. B. Site Development Permit 2004-827; a request of Colbourn -Currier -Noll Architecture for consideration of architectural and landscaping plans for a 136,000 square foot retail store and a gas station located on the southwest corner of Highway 1 1 1 and Dune Palms Road. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicants Steve Kellogg, landscape architect, and Bill Currier. 2. Committee Member Bobbitt stated he had no problem with the landscaping design. He did ask about the 18" header board with decomposed granite (DG); his experience has been that it looks terrible and is not well maintained. He recommends taking the lawn to the curb and moving the spray heads 18 inches back from the curb. Mr. Kellogg stated CVWD requires them to use a header board to keep the water from running into the street. Committee Member Bobbitt recommended the pits be eliminated. Also, the Buxus Microphilla Japonica will not do well. The date palms should not be used in any pedestrian traffic area. The Jacaranda and Ulmus parriflora will be deciduous and he would not recommend them. 3. Committee Member Thorns asked that the Jacaranda be eliminated. Also, the front yard 18-inch strip should be redesigned to be meandering and widened if they are required to keep it with DG and some groundcover in the widened areas. 4. Committee Member Christopher commended the redesign of the units. He has no problem with the two-story street front on the one-story, because the garage takes up too much of the elevation. He would suggest radiusing the top of the garage door sill on every third one-story unit. 5. Committee Member Thorns noted the one plan is very weak from the street. The applicant gave a description of the unit 384 Architecture and Landscaping Review Committee May 4, 2005 stating the casitas hides the entry. The casita is hipped all around. 6. There being no. further questions of the applicant, it was moved and seconded by Committee Member Thoms/Christopher to adopt Minute Motion 2005-015 recommending approval of Site Development Permit 2004-827, as recommended by staff and as amended: a. The sprinkler heads shall be 18 inches from the curb with turf between heads and curbs. If the 18 inch gravel border is required by CVWD, the 18 inch strip shall be meandering with some groundcover in widened areas. b. Recommended the Pinus Eldarica, Buxus Microphilla Japonica, Jacaranda and Ulmus parriflora be eliminated from the plant list. C. On the front loaded one-story units, for every third unit the garage door appearance shall be varied. Unanimously approved. C. Site Development Permit 2004-828; a request of Colbourn -Currier -Noll Architecture for consideration of architectural and landscaping plans for a 136,000 square foot retail store and a gas station located on the southwest corner of Highway 1 1 1 and Dune Palms Road. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicants Steve Kellogg, landscape architect and Bill Currier. 2. Committee Member Christopher asked about the five rectangular pads in the center. The applicant identified them as home sites that back up to the putting green. On the architectural plans, the softened eyebrow makes a big difference on the streetscape. 3. Committee Member Bobbitt commended the applicant on the site plan. He asked what area was to be maintained by the HOA. The applicant explained. 4. There being no further questions of the applicant, it was moved and seconded by Committee Member Bobbitt/Christopher t3 S5 Architecture and Landscaping Review Committee May 4, 2005 adopt Minute Motion 2005-016 recommending approval of Site Development Permit 2004-828, as recommended by staff and as amended: a. The sprinkler heads shall be 18 inches from the curb with turf between heads and curbs. If the 18 inch gravel border is required by CVWD, the 18 inch strip shall be meandering with some plant material in widened areas. b. Recommended the Pinus Eldarica, Buxus Microphilla Japonica, Jacaranda and Ulmus parriflora shall be eliminated from the plant list. C. On the front loaded one-story units, for every third unit the garage door appearance shall be varied. Unanimously approved. D. Site Development Permit 2005-831; a request of Thomas Enterprises for consideration of development plans for Phase 2 of the Pavilion at La Quinta project consisting of 72,700 square feet for the property located the northeast corner of Highway 1 1 1 and Adams Street. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Norm Barrett representing Smith Consulting Architects, who gave a presentation on the project. 2. Committee Member Christopher asked if the blue color would be confined to the Best Buy building only. Mr. Barrett stated yes and showed the location. Committee Member Christopher stated the sign size should be consistent. Mr. Barrett stated both signs are the same size and will be 179 square feet. Committee Member Christopher noted the amount of flat roof and stated one of the buildings should have a gable roof added. Mr. Barrett stated they were designed to meet the tenant's request. 3. Committee Member Bobbitt asked about staff's recommendation to add the trellis between the buildings. Mr. Barrett stated they could add it back on. Committee Member Bobbitt asked about staff's recommendation on the front facade to pull the roof back another ten feet. Mr. Barrett stated they could do that. Staff stated the rear elevations need some $ Vc i, .. Architecture and Landscaping Review Committee May 4, 2005 additional detail if the downspouts are removed. Mr. Barrett explained the detail they had added and noted it backs up to the Post Office parking lot. 4. Committee Member Christopher asked that some stacked stone be added to towers to match the other end of the Center. Mr. Barrett suggested it be added to the columns. 5. Committee Member Thorns asked that the Drexel building add a gable roof. Discussion followed regarding the concern of the tenants. Committee Members suggested adding the stone to the front of the Drexel building as well. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Christopher to adopt Minute Motion 2005-017 recommending approval of Site Development Permit 2005-831, as recommended by staff and as amended: a. Stack stone shall be added to the columns of the Office Max and Drexel buildings. b. Eliminate the recommendation for the trellis work. C. The east elevation sign for the Best Buy building, the blue area on the lower portion shall be reduced. d. Landscape planters shall be provided in front of the building in non -pedestrian areas. e. Lengthen all tower structures at the top rear where they meet the roof towards the rear of the building and provide with a finished solid back to ensure they are not visible and provide adequate bulk to the towers. Unanimously approved. E. Site Development Permit 2005-830; a request of GSR Andrade Architects for consideration of architectural and landscaping plans for a 2 story, 37,212 square foot medical office building on a 2.85 acre site located on the east side of Washington Street, on the south side of the La Quinta Professional Plaza. 1 . Committee Member Thorns withdrew from discussion due to a potential conflict of interest due to the location of his residence. t 387 Architecture and Landscaping Review Committee May 4, 2005 2. Associate Planner Wally Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicant, Fernando Andrade, who gave a presentation on the project. 3. Committee Member Christopher asked if the window casing on the west end of the building was recessed. Mr. Fernando Andrade explained how the walls recess and popout to create shadow lines. The entry and first floor windows are shaded by the cover. 4. Committee Member Bobbitt commended the applicant on the design of the building. On the parking area bordering Washington Street, where the existing landscaping is on the grade, is this higher than the parking lot? The applicant stated the plants will hide the parking lot. 5. Mr. David Thoms, 47-410 Via Cordova asked the color of the building. Mr. Andrade went over the proposed colors and stated the building would have a smooth trowel finish. Mr. Thorns asked if the landscaping on the west elevation could be improved as well as the landscaping along Washington Street. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2005-018 confirming their recommendation for approval of Site Development Permit 2005- 830, as recommended by staff and amended: a. The applicant shall provide plans for the covered entry way. b. The parking lot shall have adequate landscaping on all sides per the existing requirements, to hide the front of the car screens from Caleo Bay and Washington Street. C. The parking lot islands shall not have any plant material. Unanimously approved with Committee Member Thorns being absent. Committee Member Thorns rejoined the Commission. Architecture and Landscaping Review Committee May 4, 2005 F. Site Development Permit 2005-832; A request of William Kelly Trust for consideration of architectural and landscaping plans for a 4,600 square foot one story office building in� the La Quinta Professional Plaza located on Parcel 12 of Parcel Map 29889 — the east side of Washington Street 300 feet south of Avenue 47. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced D. Bill Kelly, the applicant, and Al Cook, the architect who gave a presentation on the project. 2. Committee Member Christopher stated he would prefer the light aqua accent color proposed. Mr. Cook stated he would prefer the color proposed. He would suggest using a little deeper green or bronze. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Thoms to adopt Minute Motion 2005-019 recommending approval of Site Development Permit 2005-832, as recommended by staff and amended: a. Coordinate the landscaping between this project and the project to the south. b. Change the accent color on the window frames to either a bronze or deeper green. Unanimously approved. G. Village Use Permit 2005-027; a request of Calle Estado, LLC for consideration of architectural and landscaping plans for a 10,896 gross s.f. two story retail/office building in the Village at La Quinta located. on the southwest corner of Calle Estado. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report. Staff introduced Steve Nieto, designer of the building. 2. Committee Member Christopher asked if any greenery was proposed along the streetscape. Staff stated there are only two tree wells. Architecture and Landscaping Review Committee May 4, 2005 3. Committee Member Thoms suggested pots or something of that nature be added. The east elevation is very blank as well. Staff suggested something in the nature of murals until a building is built next to it. Committee Member Thoms stated it currently is a parking lot. Staff stated it is an illegal use. Committee Member Thoms stated this is the elevation you see as you come down the street. The applicant stated they would be willing to add a mural. Mr. Nieto stated they are at the property line and will not be able to add any projections, but they would be willing to add tiles or color to that end of the building. Their landscaping is minimal as the site is restrictive on area. They would like to add a canopy tree. 4. Committee Member Thoms suggested the Tiduana Tipu. 5. Committee Member Christopher asked what plants would be in the planters. Mr. Nieto stated it was yet to be determined. Also, the detail is a faux finish, not a tile. Committee Member Christopher asked if they could do a sporadic use of the mudding on the roof tile. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Thoms to adopt Minute Motion 2005-020 recommending approval of Village Use Permit 2005-027, as recommended and as follows: a. A design shall be added to the west facing wall with architectural detailing/mural. b. Trees shall be added on the south property line C. Sporadic large planting pots shall be added at the street level. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and 390 Architecture and Landscaping Review Committee May 4, 2005 Landscaping Review Committee to a regular meeting to be held on June 1, 2005. This meeting was adjourned at 12:10 p.m. on May 4, 2005. Res ectfully bmitted, . S YER Exec ive Secretary MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 18, 2005 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:09 a.m. by Executive Secretary Betty Sawyer. B. Committee Members present: Frank Christopher, Bill Bobbitt, and David Thorns. C. Staff present: Consulting Planner Nicole Criste and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: None V. BUSINESS ITEMS: A. Site Development Permit 2005-829; a request of Tarlos & Associates for consideration of architectural and conceptual landscaping plans for a 3,100 square foot Wendy's restaurant located at the northeast corner of Auto Center Drive and La Quinta Drive. 1. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Tarlos, architect for the project, who gave a presentation on the project. 2. Mr. Russ Beckner, representing Stamko asked what material would be used on the exterior. Mr. Tarlos stated it is stucco. 3. Committee Member Thoms asked the height of the drive-thru lane wall and the color of the canopy sections. Mr. Tarlos stated 3.5 feet and both the upper and underside are Plue metal. 392 G:\WPDOCS\ALRC\5-18-05 ALRC.doc Architecture and Landscaping Review Committee May 18, 2005 4. Committee Member Christopher stated he agrees with the accent blue color, but not like the Center. 5. Mr. Beckner asked if it was the same color as the rest of the Centre. Mr. Tarlos stated yes. They were trying to match the blue in the center. Mr. Beckner stated they had no objection to it being a different color, such as the green on the Goodyear building. Discussion followed regarding the accent colors. 6. Committee Member Thoms stated his concern was that the blue not be used again. 7. Committee Member Christopher stated he would like it to be a deeper color than what is on the Goodyear building and on the color sample board. 8. Committee Member Thoms stated his concern with the drive - through lane wall. It is tight and does not come completely around. Mr. Tarlos stated they were intending to use greenery for the remainder strip. 9. Committee Member Christopher suggested a low hedge (3-4 feet) would be a softer buffer. 10. Committee Member Bobbitt stated the wall should be high enough to shield the lights. 11. Committee Member Christopher stated the wall should be four feet to ensure you are above the headlight height. Mr. Tarlos stated that with the curb and hedge it would be 3-feet to 4- feet. 12. Committee Member Christopher stated it would be nice to have some vertical trees along the front to break up the streetscape. Mr. Beckner stated the landscaping is existing and approved under the Specific Plan. 13. Committee Member Bobbitt stated the Mexican Bird -of -Paradise will grow to a height that may not be wanted. He would suggest the Lantana, or lower growing shrub. Also, use the Bougainvillea on walls other than the north. 393 G:\WPDOCS\ALRC\5-18-05 ALRC.doc Architecture and Landscaping Review Committee May 18, 2005 14. Committee Member Thorns asked the material of the drive-thru wall. Mr. Tarlos stated split -faced block. They can leave it natural or it can be painted. They would prefer natural. 15. Committee Member Christopher asked that it be painted one of the colors of the building. 16. There being no further questions of the applicant, it was moved and seconded by Committee Member Christopher/Thoms to adopt Minute Motion 2005-021 recommending approval of Site Development Permit 2005-829, as recommended by staff and as amended: a. The wall bordering the drive -through aisle shall be four feet in height (as measured from the drive -through aisle grade), painted split -faced block, painted in one of the building colors as presented on the materials board. b. A hedge shall be planted from the end of the drive - through wall at the southern property line to the pedestrian crosswalk. The plant type for the hedge shall be provided in the final landscaping plan for the project. C. The metal canopy color shall be consistent with the color shown on the materials board, but of a deeper tone. The under -side of the canopy shall be painted one of the two lightest colors shown on the materials board. d. The bird of paradise shown on the landscaping plan adjacent to the west wall of the building shall be replaced with lantana. e. The final landscaping plan for the project shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. f. Directional arrows shall be painted on the parking drives as shown on the project site plan. "Wrong Way, Do Not Enter" signs shall be placed immediately south of the trash enclosure facing south, and at the north end of the parking island facing northeast 394 G:\WPDOCS\ALRC\5-18-05 ALRC.doc Architecture and Landscaping Review Committee May 18, 2005 Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on June 1, 2005. This meeting was adjourned at 10:25 a.m. on May 18, 2005. Respectfully su mitted, AWYER Executive Secretary G:\WPDOCS\ALRC\5-18-05 ALRC.doc REPORT/INFORMATIONAL ITEM: a MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA April 21, 2005 This meeting of the Historic Preservation Commission was called to order by Chairman Allan Wilbur at 3:03 p.m. He then led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Mouriquand, Puente, Sharp, Wright, and Chairman Wilbur Staff Present: Principal Planner Stan Sawa, and Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Deleted approval of Minutes for the meeting of March 17, 2005, as they were not included. IV. CONSENT CALENDAR: None V. BUSINESS ITEMS: A. Final Phase II Cultural Archaeological Test Program For Tentative Tract Map 32201: Applicant: Choice Enterprise Archaeological Consultant: Archaeological Advisory Group (James Brock, Principal) Location: Northwest corner of Madison Street and Avenue 60. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Mouriquand asked if the Torres Martinez Tribe requested monitoring, would that be made a condition on the grading permit. She asked if the City was going to ask for 396 PACAROLYN\Hist Pres Com\HPC 4-21-05.doc Historic Preservation Commission April 21, 2005 evidence that the developer made arrangements to have an Indian monitor. Staff replied yes. 3. Commissioner Sharp asked if there was a Native American at the site for the Phase 2 testing. Staff replied they did not believe so. It was just the consultant's staff. The report identified who did the on -foot survey. Staff said the Tribe was asking to be there for the monitoring in this case, but were not previously in attendance during the testing for this report. 4. Commissioner Mouriquand said she was glad to see that some students were getting an opportunity to be involved in the local history. 5. Commissioner Sharp asked if the students working on the project were Native American students. Staff replied they were not. They were from San Bernardino Valley College. 6. Commissioner Mouriquand said this was a very tight, concise, and appropriate report. 7. Commissioner Sharp asked about the holes shown in the report photos. 8. Commissioner Mouriquand explained the importance of the neatness and precision of the excavation. 9. Chairman Wilbur commented it was his understanding there would be a Torres Martinez representative present for the monitoring. Staff replied that was correct. 10. Commissioner Mouriquand said the consultant was required to make arrangements to have a monitor, and asked what happened if the monitor didn't show up. Staff said the project would proceed. The developer could not hold up the grading because the monitors didn't show up. 11. It was moved and seconded by Commissioners Wright and Puente to adopt Minute Motion 2005-010 accepting the results of the Final Phase II Cultural Archaeological Test Program for Tentative Tract Map 32201 as submitted. Unanimously approved. 397 Historic Preservation Commission April 21, 2005 B. Paleontological Evaluation Report and Mitigation Plan for a 9.78 acre parcel: Applicant: GLC/DUC LQ Paleontological Consultant: Cogstone Resource Management Inc. (for ECORP Consulting, Inc.) Location: 80-600 Avenue 58, west of Madison Street. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked why they found shells on this site and not on the first site. 3. Commissioner Mouriquand explained it was most likely due to the elevation of this site. She said this would have been a lakebed and some of the mollusk colonies would be in close proximity to the shore. 4. Commissioner Sharp wanted to make sure there was no oversight on the part of the archaeologist. 5. Commissioner Mouriquand replied there was not. She commented there had been a really nice clam bed recorded in a nearby site, but this area was more conducive to having colonies of mollusks as opposed to the other location. 6. Chairman Wilbur asked if the pictures on Page 8 were actual samples from the site or just examples of the type of materials found. Staff said the pictures on Page 7 were from the site and those on Page 8 were just examples. 7. Commissioner Mouriquand commented when she first read the report, her first thought was whether it was a bit of overkill to do the sample units. The more she thought about it, the more she realized the shells had been ignored too long, and there was a lot to learn from them. She added, for scientific purposes, it's a good idea to do the sample units. 8. Chairman Wilbur asked if anyone was familiar with the report Consultant. 398 Historic Preservation Commission April 21, 2005 9. Commissioner Mouriquand replied she was not familiar with them. Staff answered they did not recognize the name. 10. Commissioner Mouriquand said they were apparently subcontracted by ECORP's Dr. Roger Mason, who is well known and highly thought of. She said if Dr. Mason thought they were professional, and up to the task, she would accept his judgment. The report was very appropriate and they followed all the standard procedures. She had no fault with the report. They included more information than what was customarily received. It was a very good report. 11. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2005-011 accepting the Paleontological Evaluation Report and Mitigation Plan for a 9.78 acre parcel located at 80-600 Avenue 58, west of Madison Street as submitted. Unanimously approved. C. Phase I Archaeological Survey Report: Applicant: GLC/DUC LQ Archaeological Consultant: Cogstone Resource Management Inc, (for ECORP Consulting, Inc.) Location: 80-600 Avenue 58, west of Madison Street 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp commented that, in the past year, the Commission has invited Native Americans to show up at various sites. He was unaware of their appearance at any of these sites. He asked how long had this procedure been going on. 3. Commissioner Mouriquand replied it had only been a recent occurrence. Staff said it had only been a couple of years. 4. Commissioner Sharp was concerned about their lack of response. Staff asked what he meant by saying they never responded. Commissioner Sharp replied they've never been to the site to monitor. Staff replied they were aware of several cases were Native Americans were present for monitoring. 5. Commissioner Mouriquand said she did not think anyone was tracking that information. She said you would have to look . 39� Historic Preservation Commission April 21, 2005 through the monitoring reports for some discussion saying they were present. 6. Commissioner Sharp said they were being included in the recommendations, but didn't appear to be at the site very often. 7. Commissioner Mouriquand said the important thing was to forward the recommendation that they have a Tribal monitor involved and make it a condition of approval, but it would then be the responsibility of the Tribe to act on the recommendation. The City and the Commission could not enforce it. The Commission could only make the effort and then it was up to the Tribes to follow through. 8. Commissioner Wright pointed out to the Commission that this procedure is new for the Tribes. A lot of the Tribes do not have the infrastructure such as the Augustine Band. They've only been organized about four years. Once the other Tribes get established, and get a hierarchy, as well as a bureaucracy, then they will probably show more consistency in monitoring. The important fact was they were being given the opportunity to attend. 9. Commissioner Mouriquand stated some of the other bands are not quite organized to the point of actually having monitors available, though they may want a tribal monitor involved. Some of the Tribes may just request the monitoring be done by the Agua Caliente Tribe because they have an active, trained monitoring crew available. 10. Commissioner Sharp asked if the Tribes knew what education was required of a monitor. 11. Commissioner Mouriquand replied the consultants honor each band's decision as to who they consider qualified. They are held to standards which are different than an archaeologist's. They are not required to have a college degree, because their goal is more of a cultural/traditional role rather than academic or scientific. If the Tribal Council or Cultural Resources Office considers a person qualified to be a monitor, that decision is not challenged. 12. Commissioner Sharp asked about the parameters for the Tribe and the City. 400 Historic Preservation Commission April 21, 2005 13. Commissioner Mouriquand replied there are two cultures and two approaches to everything. The Agua Caliente and Pechanga Bands have good internal training for their monitors. They will bring in an archaeologist to train their monitors and they do not work for hire until they pass the internal training program. 14. Commissioner Sharp asked if they were paid. Commissioner Mouriquand replied they were paid by the Tribe. Currently the Agua Caliente monitors receive a very substantial wage. The archaeologists and consultants coordinate and cooperate with the monitors. The monitors are very good and professional in their work. They can record sites. They can spot something quickly and they are eager to be on site participating. 15. Commissioner Sharp asked if it would be proper for the City to prepare a set of guidelines. 16. Commissioner Mouriquand replied the guidelines are up to the Tribes regarding monitors and qualifications. If a monitor should need assistance on site, the project archaeologist would assist and educate them. Basically, the monitors just need a good pair of eyes and some notion of what artifacts look like, as well as an awareness of safety rules. Most monitors know how to take field notes, record sites, draw artifacts, and are aware of OSHA rules and regulations. 17. Commissioner Sharp commented on the willingness of the Torres Martinez Tribe to be involved with monitoring. 18. Commissioner Mouriquand gave some background on her involvement and that of CRM TECH, in training the monitors and some of the Tribal Members. She added, some of the Tribal Members have even worked for CRM TECH. 19. Chairman Wilbur asked if the Commission has done what was needed for tribal representatives to be notified and present on sites. 20. Commissioner Mouriquand replied yes, the Commission has done all it could do. 401 Historic Preservation Commission April 21, 2005 21. Commissioner Wright commented Bruce Love was instrumental in getting the Native Americans on his crews. 22. Commissioner Mouriquand agreed and said he did a fantastic job. This was a wonderful service to the local Tribes. 23. Commissioner Sharp mentioned Harry Quinn, of CRM TECH, was also helpful. 24. Commissioner Mouriquand agreed he was. 25. Commissioner Wright asked if there was a residence on the site. Staff answered yes, there was a residence on Avenue 58 which was built in the 1970's. 26. Commissioner Mouriquand said the report stated the residence was not more than 50 years old. 27. Chairman Wilbur commented the report was referring to the slabs, which were all that was left of a previous structure. Staff said the only residence shown, in the aerial photos, was one that would remain. The residence will not be a part of the development. 28. Commissioner Wright said that was fine, but stated the Commission should specify a photographic record be made of the residence and the farm structures and samples taken from the dumps on the site. 29. Commissioner Mouriquand commented she didn't see any discussion about the historical periods. She didn't see any Government Land Office (GLO) or National Register searches or any steps normally involved in dealing with historical resources. The report adequately covers the prehistoric period and the Cahuilla, but there is no research on homesteads. The whole discussion of historical resources was just left out. 30. Commissioner Wright commented that for a small piece of property it was very rich, but there should be some kind of cultural history included. Staff asked Commissioner Wright if he was talking about the information listed in Table 1, Page 6, as these are sites that are within one mile of the project area. None of the items listed are on this property. Staff also 402 Historic Preservation Commission April 21, 2005 explained that might also be where the confusion is regarding the historical structures and artifacts. 31. Commissioner Mouriquand was still concerned that no historical context had been included. 32. Commissioner Wright said even if the house is not going to be demolished, the Commission should still ask that there be a photographic record made of it prior to any work being done. This way it could be documented from a cultural standpoint. Staff replied there would be no work done on it and it was not included in the development. 33. Commissioner Mouriquand added even so, this may be the only opportunity to obtain documentation, if this is a historic resource. Staff repeated there would not be any work done on it. The owner of the residence would retain it and sell the rest of the property. 34. Commissioner Mouriquand commented there were no photos of the house in the report, so the Commission was not aware of its authenticity. 35. Commissioner Wright was interested in the cultural information; the date the home was homesteaded, as well as a photographic record. 36. Commissioner Mouriquand said there was no information about the architecture of the house. There was no information as to whether there were any noted architects behind the design. She added the residence is shown as part of the project, but on the map it is not included. Staff replied the residence is shown as part of the project, but it is not a part of the Tentative Tract Map. It has been carved out with a Parcel Map and is not part of the subdivision, even though it is shown as part of the project site. The developers have nothing to do with the house and are going to surround it. 37. Commissioner Wright agreed with Commissioner Mouriquand that it is an opportunity to record a cultural resource in its original context. This way it will prevent the loss of a cultural resource on a technicality. The Commission has concentrated on Archaeological/Paleontological data for the past 11 years. In five years from now, there won't be anything left of La Quinta ti 403 Historic Preservation Commission April 21, 2005 to discuss except historical residences and that's when the mission of the Commission will shift to the preservation of historical structures. 38. Commissioner Mouriquand commented on the objectives of a California Environmental Quality Act (CEQA) commissioned study. Part of the CEQA process is an environmental review to look at what kind of impacts the project will have upon the land. This residence is part of the land. Although there's not going to be any direct impacts by demolishing the building, it will still be surrounded by the new development. That is a form of impact. More information is needed about this structure. There may not be another opportunity to request this. The appropriate procedure, under the intent of CEQA, is to look at impacts on existing cultural resources, even if they are technically carved out on the map. The Commission needs more information to decide if it is a cultural resource. 39. Principal Planner Sawa stated the records showed only one residence on the property and it was built in 1983, which would eliminate it from being a historical resource. 40. Commissioner Wright commented it was not necessary to document the residence, but that information should have been mentioned in the report. Staff agreed. 41. Chairman Wilbur asked if the Commissioners wanted the report amended. 42. Commissioner Mouriquand suggested staff send a letter to the author of the report stating that customarily the City requires a discussion about the historic period on any existing structures, and that information was lacking. She suggested staff suggest the consultant include some discussion in future reports. Staff said they would send a letter with the results of the meeting and the comments suggested would be included. 43. Commissioner Wright said all future reports need to include detailed information on all structures, if there are any. Staff agreed and commented most of the reports contain this information. 404 Historic Preservation Commission April 21, 2005 44. Commissioner Mouriquand recommended an amendment to Condition A to include the request for tribal monitoring by the Augustine Band. 45. It was moved and seconded by Commissioners Wright and Puente to adopt Minute Motion 2005-012 accepting the Historical/Archaeological Resources Survey Report for Tentative Tract Map 32979 with the following addition to the end of the first sentence in Recommendation number one: "..including a Native American monitor during grading." Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioners received copies of the California Preservation Conference Schedule. VII. COMMISSIONER ITEMS: A. Commissioner Wilbur suggested a thank you letter be sent to those who volunteered to assist on the April 10, 2005 tour. He said staff could sign on behalf of the Commission. B. Commissioner Mouriquand said she would provide staff with the names and addresses of those who assisted on the Tour. C. Commissioner Sharp stated he had a good time and enjoyed the tour. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on May 19, 2005. This meeting of the Historic Preservation Commission was adjourned at 3:47 p.m. Unanimously approved. Submitted by: Carolyn alker Secretary Department Report: /- A a, o� �o Iry 1w G ' OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: June 21, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the June 7, 2005, City Council meeting: 1. Rene Solomon, 48-208 Calle Floristas, voiced concern about the following issues at the Senior Center: cost of lunches and requirement to bring side salads; fee charged to enter dessert contests; fee charged for Thanksgiving and Christmas luncheons that are donated; volunteers no longer allowed to assist staff in accepting payments; kitchen not cleaned after facility is rented; teenagers allowed to lock the facility after dances; and inexperienced staff running the facility. She indicated the changes are making everyone angry, and she feels the facility should be removed from the Community Services Department. • Mayor Adolph indicated he attended a luncheon at the Senior Center recently and noticed the kitchen was very dirty from a function held there several days before. Council Member Sniff requested staff find a solution to this issue at an early date. 2. Bob Alcala, 51-470 Avenida Carranza, indicated he spoke to the City Manager and Community Services Director some time ago about some issues at the Senior Center but hasn't received a response, and would like to have something in writing. 3. Ed Middleton, 56-000 Pebble Beach, Commissioner of Baseball in La Quinta, spoke regarding the poor condition of the baseball fields, and indicated one child was bitten by a gopher and other children have been bitten by red ants. He referenced an agreement between the League and the City, and the need for it to BE be more equal for both sides. They have landscapers that are willing to make improvements to the fields. 4. Nathan Dunn, 46-654 Emerald Cove, Bermuda Dunes, a landscaper and member of the Baseball Association Board, requested a liaison from the City to work with the League so they can make some improvements to the ball fields during the summer at their own expense. 5. Edie Brito, Vice President of the La Quinta Youth & Sports Association, expressed appreciation for the City's assistance, and indicated she would like to submit a "wish list" for needed improvements at the ball fields prior to adoption of the City's annual budget. • Council Member Sniff suggested they submit their "wish list" to staff as soon as possible. Council Member Henderson noted there have been numerous discussions about shutting the fields down for reseeding like other fields have done. However, the fields were left open so they could be used year-round, and it may be time to revisit that policy. City Manager Genovese stated staff will make that part of the report, and noted it's a similar problem at the La Quinta Park because the youth groups there don't want it closed either. He confirmed most of the other cities close down their fields for reseeding. 6. Dorie Quill spoke regarding Consent Item No. 9 and a weed maintenance problem along the Bear Creek Bike Path. She stated she understood the bike path was supposed to be maintained monthly but was told by the contractor that they don't have enough employees to do that. She stated she is surprised staff is recommending a maintenance contract with the same company after so many have voiced disappointment with their work. • Mayor Adolph stated he plans to discussthis issue when the item is taken up later this afternoon. 7. Stan Ford, General Manager of Coachella Valley Recreation Park District, stated they are inviting each City to partner with them in an RFP process for individual parks master plans at an approximate cost of $12,500 for each city. He stated they expect to have their document complete by December. He also announced the District has been asked by the National Recreation and Park Association to be the local host for one of their national schools in La Quinta in December, and he invited the Mayor to participate in greeting the delegates. 2 40 8. An unidentified speaker referenced an email from David Gajdzik regarding the Embassy Suites project, and inquired about any performance bonds on the project. • Mayor Adolph referred him to the City Clerk's Office regarding the bonds. am 3 Department Report: ^�5 OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager � DATE: June 21, 2005 SUBJECT: Department Report Regarding Meeting with Desert Sands Unified School District Concerning Horizon/Alternative Education Center Located Near Darby Road Mayor Pro Tern Stan Sniff, Tim Jonasson, and I met with representatives of the Desert Sands Unified School District (DSUSD) on Friday, June 10, 2005, concerning the above -referenced matter. The agenda and other pertinent information disseminated at that meeting are provided as Attachment 1. Attachment 2 is a facsimile provided by DSUSD on Monday, June 15, 2005, outlining their proposed fencing options relative to the residences along Palm Royale Drive. Attachment 3 is a Composite Site Plan map showing approximate locations of the schools and Palm Royale Drive. I will be available to provide further information regarding our discussions at the Council meeting. 409 ATTACHMENT 1 AGENDA City of La Quinta/DSUSD Meeting June 10, 2005 @ 1:00 p.m. La Quinta City Hall 1. Critical Items Darby Middle School a. Need Palm Royale Street plans approved b. Need Washington Street striping and median plans approved II. Non -critical Items Horizon/Alternative Education Project a. Precise grading plan information b. Overland escape route III. Bella Vista Proposed Resolution 410 Darby Middle School Palm Royale Drive Conference Report May 17, 2005 Meetings with La Quinta • October 24, 2003 met with City staff to review Darby Middle School and Horizon Alternative Education Complex • December 11, 2003 street improvement plans submitted to City • December 19, 2003 comments from City received • December 23, 2003 City approved cross - sections and geometrics of street plans • Subsequent meetings held regarding medians, pedestrian crossings, and slgnallzatlon • The homeowners' main concern is the height of the street which creates an issue with their back walls. • The existing Palm Royale Drive elevation at Rome Street and also the Darby Road elevation dictate the elevation of the new Palm Royale Drive. • The sewer connection is at Rome Drive and that also dictates the street elevation as the sewer line has to run under the street. History & Summary • The construction team of Charlene Whitlinger, Peggy Reyes, James Kozero, Stephen Ricci, Roger Clarke and Joseph Ledesma met with about 10 of the homeowners adjacent to the new Palm Royale Street on Apnl 20th. • A summary of the history of the approval process for the street entitlement was provided to help the property owners understand that this is not a new protect created by the District, but a requirement per a prior parcel map. • The street right of way was approved as a part of parcel map 27131 In January 1995. if t hwizon ci i rriclii -= DE T SANDS UNIFIED $CHOOL DISTRICT 411 �,. � � �_ §.__� _. ,....R,,,�.. � �,-,. _. • We discussed their concerns for privacy and reached an agreement to research the construction of a 6' high block wall along Palm Royale Drive rather than adjacent to their existing back walls. • Overall the meeting was positive and the residents recognized that this is not something the District created, but is left to resolve. • Legal counsel verified that all legal requirements were met under CEQA. The district can offer to mitigate noise and visual conditions, but no legal obligation to do so. • Three options are proposed: 413 Option A • Option A proposes to build a 8' high block wall along the property line north of Rome Street for the three lots then jog out to a 6' high wall along Palm Royale Drive to the end of the retention basin. • A chain link or tubular steel fence would be installed along the northern edge of the retention basin and a 8' high block wall would extend from the retention basin to the CVW D well site on the north. • This would provide a sound and visual barrier, but is not the recommended solution. • The estimated cost is $339,335 for the Option A wall Option B • Option B proposes to build a 8' high block wall along the entire length of the property line from Rome Street on the south to the CVWD well site on the north. • A retaining wall along the property line is already a part of the Horizon Alternative Education Complex project, so it will be less costly to add to the wall rather than Option A. • The estimated cost is $304,635 for the Option B wall. • Option B has a "cleaner" look to it than Option A. • Recommendation: Option B Option C • 8' High Chain Link Fence with slats = $115,495 C. 414 • -A CD CD � - 3 CO CD CL 0 O � - U) .69 w CD CA) w Cil r* CD O -0 0 • r+ ._q CD (n. CD n O O � 3� CD CD - CDO _. CL Q. CD O �- O o � =3 Q v o_ c v o- cD' 11 V cr r+ (n O • CD � -1 Cr C� � CT c0 < �O CAD — O O CD O O ( CD ELQ� 0 r+ XCO CD cn � r+ CDCD�oCD o �_�� CD � =r o � o 3 CD CD r+ CD O CD" o CD�� CD rn �. (ncn _ r+ cr :D r+ O • O -0 � O O CAD O. O —� _. CDCD -�?� O CD_ O O O� �CD = O Cn O- � —i' O W fn. p cr oCDa co cn w -� CD co CD=r c� O �. � wCo D CD rt X Gam. � � CD O W e--f O O (n CD CD CD 0 o� 0 t:. 415 �D -0_ -1 CD ,-+ �_ OF-tl CD CD CD � CD �; CD = CD 3 0° rn oCD M-' _� o0 CO (n N. O Cn 0 r. Q O � � 0 -0 r. n 0 D — CD 0 p cn- N - C) CD CD -1 O CG to 0 CD =- ,_.q. p O Q Q CD CD C-1 _. 0- 0 cn — OL) �o �0CCDD CDm00 -h CD O -� o 0 `C O 3. 0 :37 r-� W � � _ _ �� 3 CD � o CD CD 00 �3U,'000 CD -0 O' O -1- O CD�' Cn CD 0 CD o iv .0 0 -O O 0 0 CO O� r-i- 0 O CD 0 o� C 417 0 m w 3 a a fA 0 0 m n O m z v m v 418 • r � m O m � I cn r: 419 Jun 15 05 03:50p Facilities ATTACHMENT 2 DESERT SANDS UNIFIED SCHOOL DISTRICT FACILITIES SERVICES DEPARTMENT (760) 771-8516 9 FAX (760) 771-8522 FACSIMILE TRANSMITTAL SHEET TO: FROM: Tom Genovese, City Manager Peggy Reyes COMPANY: DATE City of La Quinta June 15, 2005 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 760/777-7101 4 PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE: Darby/Horizon Project (La Quinta) ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ' ❑ PLEASE RECYCLE NOTESICOMMENTS PER CONVERSATION AT THE 2X2 MEETING LAST WEEK, PLEASE SEE ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME AT 771-8516. 47-9511 DUNE, PALMS ROAD - LA QUINTA - CALIFORNIA 92253 4lv0 Jun 15 05 03:50p Facilities 760 771-8522 p•2 Palm Royale Drive/Alternative Education Fencing Options Description Current design Masonry retaining wall 8' High Slatted Chainlink Fence Option A 8' high Masonry wall 6' high Masonry wall Masonry retaining wall Option B 8' high Masonry wall Option C Masonry retaining wall Wrought Iron Qty Unit Cost Amount 1600 if $95 $152,000 1600 If $32 $51,200 Total $203,200 1200 If $195 $234,000 380 If $165 $62,700 280 If $95 $26,600 Total $323,300 1600 If $195 $312,000 1600 If $95 $152,000 1600 If $155 8248,000 Total $400,000 Recommendation: Option B is approximately $100,000 more than current design. City of La Quinta participation of $50,000. Option C is approximately $200,000 more than current design. City of La Quinta participation of $100,000. Previous cost estimate did not include retaining wall along entire length of property. Jun 15 05 03:51P Facilities 760 771-8522 P•3 "y.s•�s New 8' High — Block Wall F g i a W 4 ` Y ` � J New 6' High Block Wall \• Y l \ 5 4 New �` •tI� �-C� 8" Hlgh 4 t Block Walll�;. I! Darby Middle School OPTION 'A' i. 422 Jun 15 05 03:51p Facilities 760 771-8522 p•4 O Darby Middle School OPTION (RECOMMENDED)- _-_ _ 423 DEPARTMENT REPORT: 3 - A JUNE 20 JUNE 21 JULY 5 JULY19 JULY 27-29 AUGUST 2 AUGUST 16 SEPTEMBER 6 SEPTEMBER 20 CITY COUNCIUS UPCOMING EVENTS SPECIAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM - MONTEREY CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING June 2005 La Quinta City Council Monthly Planner 5 6 7 8 9 10 11 6:00 PM CVAG Exec. 2:00 PM City Council 9:00 AM RCTC. 9:30 AM Animal Campus Cmte - Adolph Meeting Henderson Comm. -Henderson 12:00 PM Energy/ Environ.-Sniff 7:00 PM Cultural Arts Commission 12 13 14 15 16 17 18 10:00 AM Pub. Sfty- 7:00 PM Mosquito 7:00 PM Investment 10:00 AM Special ALRC Perkins Abate. -Perkins Advisory Board Meeting 12:00 PM Transp-Perkins 7:00 PM Planning 7:00 PM Special CC/RDA 3:00 PM Historic Preser- 6:00 PM League- Commission Meeting vation Commission Henderson 7:00 PM Com. Serv. '""'" Comm. Flag Day 19 20 21 22 23 24 25 4:00 PM Special CCIRDA 9:00 AM CVA-Henderson 12:00 PM Human/Comm- 9:00 AM LAFCO- �.. Budget Meeting 2:00 PM City Council Osborne Henderson Father's Day Meeting 4:00 PM DRRA Airp- Osborne iiiii'"r:'•:'r:'' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 6/16/2005 426 July Zoos La Quinta City Council Monthly Planner 1 2 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting Independence Day (CITY HALL CLOSED) 10 11 12 13 14 15 16 10:00 AM Pub. Sfty- 7:00 PM Mosquito 5:30 PM Investment 12:00 PM Energy/ Perkins Abate. -Perkins Advisory Board Environ.-Sniff 12:00 PM Transp-Perkins 7:00 PM Planning 7:00 PM Cultural Arts 3:00 PM Mtns. Con -Sniff Commission Commission 6:00 PM League - Henderson 7:00 PM Cam. Serv. Comm. 17 18 19 20 21 22 23 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 24 25 26 27 28 29 30 10:30 AM RCTC Budget • 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 6:00 PM Exec Cmte.- 12:00 PM Sunline-Adolph Adolph 4:00 PM ORRA Airp- Osborne League of California Cities Executive Forum - Monterey i. :q': I. : I . i ...:....: 1 3 ii itAugust 'iil rli � :i..JuneI W T F S :i S M T :I F 1 2 3 4 1 2 3 4 5 s li l azs lilliclili'?i°' 5 6 7 8 9 10 11 iii i. 'ilia rFli� hill i:. 7 8 9 10 11 12 13 a!: riri II . ire ill::: 1. . 12 13 14 15 16 17 18 ...I r:r!iii:!!o 1415 16 17 18 19 20 24 25 iiiiiliil" 19 20 21 22 23 ;�'�... is i.. Sil I. 21 22 2 3 24 25 26 27 iii j5�!r llliii i�! :I !i I I I I. Il..i : .I.I.. 6 27 28 29 30 I I �liliills? 28 28 30 31 ..:n.�'!i3; !�!';r:,!!zi`I `iii`.ii&iii:, .:................ . i i. . ...i..i!!�!!•.,.:,....:� !:I !!!!!:i!....�!..: ; ..I i !iiiiiiiir'li� i:i::::'::•'.:i':` i?i:�'!iiiiizii+f!!!�. :�!:i i ..::::.:� ». y2IL. Creator Plus on 6/16/2005 Printed b ' Calendar ', 4 August 2005 La Quinta City Council Monthly Planner 1 2 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting Cl 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/ 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Environ.-Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp-Perkins Commission Advisory Board Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting - CANCELLED 21 22 23 24 25 26 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 28 29 30 6:00 PM Exec Cmte, Adolph 31 27 July September S M T W T F S S M T W T F S 1 2` r 1 2 3 3 4 5 6 7 8 9 4 5 6 7 8 9 10 10 11 12 13 14 15 16 11 11 12 13 14 15 16 17 !1' 17 18 19 20 21 22 23 "f'I 1f 24 25 26 27 28 29 30 8 19 20 21 22 23 24 a� 25 26 27 28 29 30 Printed by Calendar Creator Plus on 6/16/2005 r 4 t 8 DEPARTMENT REPORT: c&tyv - � GAyj OF TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -Ft DATE: June 21, 2005 RE: Monthly Department Report - May 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of May. Also included is the Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $154,108,783 which represents an issuance of 2,396 building permits through May; • 905 animal control cases have been handled through May; • 907 code compliance cases have been initiated through May; • $1,210.00 - garage sale permit income in May; and • Monthly Executive Status Report - Municipal Library Construction Update 429 d z o� CD `� o CD CD � �, a CD (or -1 CD CD N y y O y O o y 1. o oo, �o � �o o 0�0 W i � i � � � i �1 Vi 01 �--• Q� N 000 O O c!i O i7 N O �O �G N O� N O W � �-• � tJ w �. .A w �. •P to � .A .A w w � C W od �. 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I J W N J O O Vl W 2 O O W a' N J N O Ol VI T O O N O O O O J I U] I f3l O O W Ul N O O w 0. 00 In F' O W N ID O O lD O H r I 0 O lira ro�u0z xlmHH H c x H tti ttl 0) H r 10 I iTiHH x1 O to 0030H [ H H H H n r fn l+l cn ty � H Oo[0 z t7HK mr�ro r ro ro�C.n t9z1CY K H In O �z H W K r H ro�K M o ro [n to hl 4 313 ANIMAL CONTROL REPORT FOR: May 2005 Steve Alexander, Moises Rodarte, Patti Lee, Kevin Meredith Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO May 05 DATE 05 DATE 04 HANDLED May 05 DATE 05 DATE 04 Dogs Alive 32 161 140 Bite Reports 1 9 11 Dead 5 26 36 Animal Trap OTI 8 23 7 Set Ups 17 59 13 Cats Alive 27 84 84 Cruelty to Dead 8 41 32 Animals 0 1 1 OTI 1 4 2 Other Animals Alive 19 68 43 Vicious Animal Dead 11 30 27 Restraining 0 0 4 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 16 58 0 Alive 78 313 272 Zoning 0 0 0 Dead 25 98 95 Lost/Found 35 227 189 OTI 9 27 9 Animal Rescue 0 4 0 Outside Agency 0 0 0 TOTAL ANIMALS REMOVED City Reclaims 8 54 42 Other . 0 54 71 112 438 376 TOTALS 77 467 331 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 47 47 2 Noise Disturbance 6 6 0 Defecation Removal 0 0 0 License Violation 3 3 3 Other 26 26 0 MONTHLY TOTAL 82 82 5 YEAR TO DATE 154 128 31 TOTAL MONTHLY INCIDENTS HANDLED: May 05: 358 May 04: 188 TOTAL YEARLY INCIDENTS HANDLED: May 05: 905 May 04: 832 432 4 CODE COMPLIANCE STAT REPORT FOR MAY 2005 May 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 133 Weed Abatements Started 32 Vehicle Abatements Started 57 Building Code Violations Started 9 Home Occupation Inspections 11 TOTAL STARTED 244 TOTAL COMPLETED 205 Case Followups 539 Business License Inspections 0 Garage Sale Permits Issued 121 Total Received $1,210.00 476 419 104 35 254 447 20 11 51 60 907 912 812 802 1828 1639 1 1 600 761 4 333 ?.3i>.%. w`��Q �'' L''..:i'�'�ii.� '.cM« .,,�c,f'•4f':?�irc'. I~'�'-'-F.�i,A !..a :,.�ciS<��v Monthly Executive Status Report City of La Quinta Municipal Library Construction Update Presented To The City of La Quinta: June 8, 2005 For the Month of May 2005 Primary crafts on -site completing finish: mechanical, electrical, & plumbing. • Glazers have installed aluminum mullions 100% and installation of glazing / glass 100%. • Landscape rocks / boulders have been delivered and are on -site. • Flat Roofs are complete, pitched roof w/ tiles to be completed in early June. • Building insulation has been installed 10017o and sheetrock has been installed 90%. • 1 Sr. Phase of the Library Interior has been painted, carpet, and quartzite 50% installed. • No negative community related problems/issues reported. Schedule Performance Month of May 2005 • 0 days lost in May production, due to RAIN. • (10 days to -date lost due to RAIN) Schedule Performance Project to Date • Original Completion Date (phase One): June16, 2005 • Revision Schedule # 8 Aug. 12, 2005 • Phase #1 Completion Date: July 16, 2005 • Phase #2 Completion Date: Aug. 12, 2005 Bud et Performance Project to Date • Original bid: $5,794,018.00 • Plus Contingency (5%) $289,700.00 • Change Order #28 Phase #2 Completion $689,012.00 • Total Budget: original bid, contingency, & C.O.#28: $6,772,730.00 • Change Orders (30): • Current cost commitments (original bid + change order#28 / fee): $6,718,950.63 • Contingency usage to date: $235,920.63 • Contingency budget remaining: $53,779.37 • Current commitments as % of Total Budget ($6,772,730.) 99.2% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • Safety "Tailgate Meetings" held every Monday AM. • No on -site accidents to date. Upcoming Month Priorities/Key Activities (June 2005) • Phase # 1 to be complete and ready for "punch list" issues. • Phase #2 Mechanical units and ductwork to be installed. • Phase #2 interior painting and flooring to be installed. • Furniture to be delivered on -site for installation. • Book shelving units to be delivered on -site for installation. • Roofing tiles and all sheet metal roof flashing to be complete. 434 • Landscape and hardscape to be completed, including sidewalks & ramps. • Ornamental iron gates through -out to be installed by the Ironworkers. • Mosaic the to be completed @ Children's Library Courtyard. • Parking lot paving and striping to take place. 4 357 DEPARTMENT REPORT 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 21, 2005 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF JUNE 2005 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of May. 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(/) LL 4~ p H (o U N C C N a Ln O O a E N C7 co c I �Oa)E NN a = _M CO C O N ,U M O }, (DO (Da) m w o E OQ��o '}aNp) O O Lr)LN EN �- LCi(o o O N 0)> M c)U N M� Cl) OHO C E CO B00N 0 O n =nO-C m0 A c) CE Lna) , . c"O L 0 Cu O pImo(Q' = -0 ° �� 0o_o � 0 °0 0To M> zo�0 �(-oon� ca () c> N E LL 0N N 0 'O N U c°Q c O D "E >Q +�Q U- p ;-EL o °Q Udw a wQ s� L) Lu oa Fc CL >;' 0. tf a r c 0 444 c O O M 0 a; a0- E oM p o V (0LO 3 d o � o CN N 0- 0- CD 0 4-0 a) a) o 4.1 ap E o 0 o U LO rn LO rn c > O o E 4- Q + oCO o +� 0 0 cn C o 0 0Q �4) o U) O - -0 v m .o : -C O o >. co I U U U d7 0 c c cc o C -CL C m a�00 J J C O N O ++ 06 7 H Q O U O � C .� C i cu LL .J C o� Co =m U O 0 0 N r O a aD L C O 443 DEPARTMENT REPORT: LOJI c OF T TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO CIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DATE: JUNE 21, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MAY 2005 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JULY 2005. July 1 *Exercise Class July 1 *Pilates Class July 1 *Woodcarvers July 1 *I.I.D. Energy Assistance July 1 *Duplicate Bridge July 1 *Social Bridge July 2 Golf Tour, Silver Rock Resort July 6 *Introduction to the Computer July 6 *PrintShop Publishing July 6 *Photo Editing 1 July 6 *ACBL Bridge July 7 *CPR & First Aid July 7 *Quilters for Good Times July 7 *Patriots Luncheon July 7 *Movie Time July 8 Pageant of the Masters Excursion July 9 Golf Tour, Westin Mission Hills July 11 *Introduction to the Internet July 11 *Photo Editing 2 July 11 Microsoft Excel Computer Class, Senior Center July 11 Adobe Photoshop Elements Advanced Course, Senior Center July 12 Yoga Electica, Senior Center July 12 Etiquette for Children, Senior Center July 12 Etiquette for Teens, Senior Center July 13 *Introduction to Word Processing July 13 *Photo Editing 3 July 13 Yoga Somatica, Senior Center 444 July 14 Adobe PhotoShop Elements Introductory Course, July 16 Golf Tour, Cimarron Golf Resort July 16 Beach Train to San Clemente Excursion July 18 *Introduction to Email (AOL) July 18 *Photo Editing 4 July 19 *Aquarium of the Pacific Excursion July 21 *AARP Driver Safety July 23 Golf Tour, Desert Willow July 25 Ballroom Dance Lessons, Senior Center July 26 Beginning Guitar Lessons, Senior Center July 27 Kickboxing Boot Camp, Senior Center July 30 Golf Tour, Trilogy Golf Course at La Quinta July 30 Raging Waters Teen Excursion *Daytime Senior Center class or activity Senior Center 445 11 ^nfh1., Rnvnnna _ Far_ility Rpntals 2005 2004 Variance Senior Center $ 4,034.00 $ 2,081.00 $ 1,953.00 Parks $ 450.00 $ 150.00 $ 300.00 Monthly Facility Revenue $ 4,484.00 $ 2,231.00 $ 2,253.00 Year to Date Facility Revenue $ 60,375.00 $ 70,493.00 $ 10,118.00 Senior Center $ 3,807.00 $ 3,401.50 $ 405.50 Community Services $ 2,700.00 $ 5,423.00 $ (2,723.00) La Quinta Resident Cards $ 4,680.00 $ - $ 4,680.00 Total Revenue $ 11,187.00 $ 8,824.50 $ 2,362.50 n.. „ v.. r 4.„ nnfn Senior Center $ 98,712.00 $ 110,030.00 $ (11,318.00 Community Services $ 122,093.00 $ 133,543.00 $ (11,450.00) La Quinta Resident Cards $ 50,805.00 $ - $ 50,805.00 Total Revenue to Date $ 271,610.00 $ 243,573.00 $ 28,037.00 446 Community Services Department Attendance Report for the Month of May 2005 Summary Sheet Program 2005 2004 Variance Sessions Per Month 2005 2004 Leisure Classes 86 57 29 37 31 Special Events 220 278 -58 2 2 Adult Sports 325 405 -80 18 18 Senior Center 856 988 -132 97 108 Total 1,487 1,728 -241 154 159 Senior Services Senior Center 201 294 -93 11 8 Total 201 294 -93 11 8 Sports User Groups La Quinta Park Use AYSO 340 350 -10 16 27 La Quinta Sports & Youth 100 200 -100 18 23 Sports Complex La Quinta Heat 14 0 14 5 0 La Quinta Sports & Youth 1200 1100 100 20 20 Facility/Park Rentals Senior Center (Private Party) 600 775 -175 3 5 (Church) 400 300 100 5 4 Civic Center (Private Party) 25 0 25 1 0 Park Rentals La Quinta Park Rental 200 160 40 5 4 Fritz Burns Park Rental 160 40 120 4 1 Total 3,039 2,925 114 77 84 Total Programs 4,727 4,947 -220 242 251 Vnlunteer Hours Senior Center 2001 921 108 Total Volunteer Hours 2001 921 108 i. 447 Community Services Program Report for May 2005 2nn5 2004 2005 2004 Participants Participants Variance Meetings Meetings Leisure Classes Beginning Bellydance 8 0 8 4 0 Bellydance Level 2 9 0 9 4 0 Beginning Ballet 8 0 8 2 0 Dance, Play & Pretend 12 0 12 2 0 Hip Hop Dance 6 0 6 2 0 Tap & Jazz Dance Combo 1 0 1 2 0 Kickboxing Boot Camp 2 -0 2 4 0 Tai Chi 2 0 2 2 0 Beginning Guitar 16 0 16 4 0 Acrylic Painting 3 0 3 4 0 Italian for Travelers 8 13 -5 4 2 Microsoft Excel 51 0 5 1 0 Intermediate Computers 61 01 61 21 0 Totals 86 13 73 37 2 gnns 2nn4 2005 2004 Participants Participants Variance Meetings Meetings Special Events Concert Under the Stars 200 0 200 1 0 Catalina Island Excursion 20 28 -8 1 1 Totals 1 220 28 192 2 1 innr, gnn4 2005 2004 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 155 235 -80 16 17 Adult Soccer League 170 170 0 2 1 Totals 1 325 405 -80 18 18 Recreation Totals 1 6311 446 18!;l 571 21 Senior Center Attendance Participation Participation Variance Meetings Meetings 2005 2004 2005 2004 Senior Activities ACBL Bridge 234 132 102 4 4 Bridge, Duplicate/Social 309 366 -57 7 16 Monthly Birthday Party 30 26 41 1 1 Monthly Luncheon 45 74 -29 1 1 Movie Time 45 55 -10 4 4 Senior Activity Total 663 653 10 171 26 Senior Leisure Classes Arts & Crafts 6 26 -20 4 4 Ballroom Dance 11 9 2 4 4 Bridge Lessons 2 12 -10 7 1 Computer 16 6 10 2 2 Computer Tutor 4 0 4 4 0 Dog Training Class 12 8 4 4 1 Exercise 52 36 16 12 4 Golden Tones 21 83 -62 41 4 Pilates 10 22 -12 4 3 Quilting 10 30 -20 4 4 Rug Hooking 2 4 -2 3 2 Sketching/Drawing 2 12 -10 2 4 Tai Chi / Tai Chi Arthritis 9 18 -9 6 7 Tap Dance 15 9 6 41 5 Watercolor 9 22 -13 4 5 Woodcarving 6 31 -25 4 4 Yoga 6 7 -1 6 6 Senior Leisure Classes Total 193 335 -142 80 82 TOTAL SENIOR PROGRAMS 856 988 -132 97 108 Senior Services AARP "55" Course 14 34 -20 2 2 FIND Food Distribution 110 224 -114 4 4 I.I.D. Energy Assistance/No fee 60 3 57 4 2 Medical/Insurance Assistance 1 0 1 1 0 Volunteers 16 33 -17 n/a n/a TOTAL SENIOR SERVICES 201 294 -93 11 8 SENIOR CENTER TOTAL 1057 1282 -225 108 116 449 DEPARTMENT REPORT:4 ?S V rY OF f1�49 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: June 21, 2005 RE: Public Works/Engineering Department Report for May 2005 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; 5. SilverRock Resort April Budget and Comp Report; 6. Annual Report on Contract Traffic Engineering Services. 4 Ti othy nass icWDirec r/City Engineer �. 450 CQ CG L N J H Z CO L H U) W w w w U W U) Z W N 1= U V 0 O N Q N O N CD!� CD I— O O Ife F: /;E Ate` N, Y € N M i \Y" IF HWi Y � RO i I No! .w.ij T N s c': s � {A T T N O O O N O M O O O O CD' N O N co In W O N O N (D U') Y4 � c •Eco co; n F- t 435I 2 LO 0 0 N } Q U) �d Q �w pg cn _ J Q Z U 2 w 000000000 w O O O O O O O O 1-OOOOOOOOO O'T EH d3 Ef) O fifi LLu M J 0 � O U N W W U. 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E j \, 4d3 / 8w ' \ �� - m 2 � � E � § @. Q � 2 2 � 0�° k o \ & # � � ® � E � � o o � ■ J> � � ° �R' � E $ � o ■ b / \ § 7 � � 2 ■ � � q U U $ a ■ E 2 �_ � � � E � 2 °La � MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: May, 2005 Employee's Hourly Labor Breakdown Crew¢#1 Crew #2 Crew #3 Maint. Mg. Code Activity 4 Men 3 Men 2 Men 1 Man Total 1000 PolicingAnspection 43 19 0 14 76 1001 Pot Hole -Repair/Patching 36 5 0 0 41 1002 Crack/Joint-Repair 0 01 0 0 0 1003 Pavement Markin Legends 0 0 0 0 0 1004 Pavement Marking/Striping 4 0 0 0 4 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 20 12 8 0 40 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 5 0 0 0 5 1009 Street Sign Install (New) 26 17 0 01 43 1010 Street Sign Repair/Maint 45 14 2 01 61 1011 Debris Removal 4 10 0 21 16 1012 Right of Way Maint. 21 0 4 11 7 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel Outlet/Vault 1 0 0 0 1 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./D.W./C.B. Repair/Maint. 2 63 0 5 70 1024 Gutter/Median Sand Removal 64 0 0 0 64 1025 Street Sweeping (Machine) 131 0 0 01 131 1026 Street Sweeping (Hand) 0 0 0 01 0 1027 Sidewalk/Bike Path Cleaning 0 0 15 0 15 1028 Dust Control 01 32 0 0 32 1029 Flood Control 01 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-t 0 30 110 2 142 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 4 0 2 0 6 1051 LandscapeArri ation Contract Managerner 2 0 119 19 140 1052 Lighting/Electrical Contract Management 0 0 0 17 17 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 3 8 1 0 12 1063 Vehicle Repair Maint. 12 25 0 3 40 1081 Trash/Litter/Recycable Removal 0 0 0 0 0 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 80 6 14 0'_ 100 1084 Maint. Yard Building Maint. 17 7 19 3 46 1085 Seminars/Training 8 0 4 6 18 1086 Special Events 0 2 0 1 3 1087 Citizen -Complaints/Requests 52 22 10 0 84 1088 Meeting 17 19 4 38 78 1089 Office (Phone, paperwork, reports, Misc.) 6 33 0 45 84 SUBTOTAL 584 324 312 156 1376 1091 Over Time 19.5 29 14 01 62.5 1094 Jury Duty( 0 0 0 01 0 1095 Sick Leave 40 24 8 01 72 1096 Vacation 8 8 0 4 20 1097 Holiday 81 4 0 0 12 1098 Workman Comp. 01 120 0 0 120 1099 Bereavement 01 0 0 0 0 SUBTOTAL 75.5 185 22 41 286.5 TOTAL HOURS 659.5 509 334 1601 1 1662.5 TOTAL MILES 2792 12761 1234 499 1 5801 t. 456 fa@ p §}\{ @4f q t5 k E m cE )�~ � - \�� s a)§} ]7\« rm mcli ! J _@@a - )ci 2 - � ■� J a � J - _aaa \ �~ J a - ;� . 3 k\\\ " ƒ\ƒ S 0 0 N 00 N 00 N OOvOvON Ln R Q rr; N r � Q N tO 00 I- v V, V,Ov-O� 0 O t N ON FF---�-1 LO w O yCN 4Dow 8 9 T4tlt 4 4 Q" MEMORANDUM TO: Steven Speer, Assistant City Engineer FROM: Nazir Lalani, City Traffic Engineer DATE: June 12, 2005 RE: ANNUAL REPORT ON CONTRACT TRAFFIC ENGINEERING SERVICES INTRODUCTION On April 261h, 2004, a new agreement was executed between the City of La Quinta and Traffex Engineers to provide contract traffic engineering services for a period of two years. The contract specified that Nazir Lalani was to be the City Traffic Engineer and to provide four days of traffic engineering services per month of which two were to be spent at City Hall. Exhibit "A" of the contract also specified that the following types of services were to be provided: 1. Identify and develop solutions for and advise City staff on potential traffic safety issues. 2. Review plans and specifications for traffic signals prior to signature by the City Engineer. 3. Develop traffic and parking control signage and marking plans. 4. Develop alternative traffic calming programs. 5. Review development plans including environmental reports for potential traffic issues and advise City on possible solutions. 6. Represent Public Works at City Council and Planning Commission, if requested. 7. Review traffic collision reports and advise City staff on traffic issues involved. 8. Assist City in preparing informational brochures for the public. 9. If requested, assist City in preparing an annual traffic safety report. 10. Mentor City staff on data collection, report preparation and signal/striping plan layout. COMPLETED PROJECTS Between May, 2004 and April 2005, city staff has requested a variety of traffic engineering services. A status report on these assignments has been provided to demonstrate the level of progress: 4 9 10 1. Traffic Signal Synchronization on Hwy I I I The La Quinta system on Hwy I I I runs from Mountain View Avenue to Jefferson Street. It is part of a much larger system that extends from Bob Hope Drive in Rancho Mirage to Golf Center Parkway in Indio. Eight new signal timing plans have been implemented on Hwy 111 to provide a smooth traffic flow as possible for both directions of traffic. Caltrans replaced almost all the traffic signal controllers during the summer of 2004 in order to re-establish communication for the entire system. Other equipment malfunctions were corrected in order for signal synchronization to work properly. Staff at Caltrans Headquarters in San Bernardino can now use computers to communicate with the La Quinta system via a cell phone modem located in the Washington/Hwy 111 signal controller cabinet. This modem allows Caltrans to view each intersection in the system to check for problems and to adjust timing when requested to do so by the City. Cell phone modems are now being implemented in Indian Wells and Palm Desert. Work is continuing to install a modem in Indio. The Hwy I I I system is checked on a regular basis to make sure it is operating correctly. During the Jefferson Street closure caused by the winter storms, temporary timing change were implemented at the Jefferson Street, Adams and Dune Palms intersection to handle traffic diverted by the closure. These changes had to be made manually at each intersection on several occasions. In future, changes in traffic signal timing will be made via the Caltrans computers in San Bernardino. 2. Traffic Signal Synchronization on Washington Street In 2003, signal timing changes were implemented in the traffic signal controllers that are part of the coordinated signal system on Washington Street from Avenue 47 to Calle Tampico to provider smoother traffic flow on Washington Street. In the fall of 2004, radio communication between all the signals was finally established and stabilized with the assistance of Econolite, the signal equipment vendor, and Riverside County signal maintenance staff. Various timing adjustments had to be made to address the impacts of the Jefferson Street closure, construction of the median north of Avenue 47 and the median project on Eisenhower Street. Work has begun on implementing a computerized signal system which will allow monitoring of the system via modems using computers at City Hall. Signal timing has been prepared for the new signals to be constructed at Simon Drive and at Sage Brush to make sure that they are synchronized with the other signals on Washington Street. A joint project with Palm Desert was undertaken to synchronize the signals on Washington Street from Hwy III north to Country Club Drive. The traffic signal controller at the Miles/Washington Street intersection was also replaced so that this signal can communicate with all the signals to the north in Palm Desert and be part of the synchronized system. Work is continuing on this project to improve the quality of the traffic flow to take into account the variation of traffic patterns throughout the year. 11 3. City-wide Timing of Signals A project was been initiated in the fall of 2003 to retime all the signals in the City to make sure these signals are operating as efficiently as possible and addressing the needs of all roadway users. The project has now been completed and the signal timing sheets, design plans and photographs for all traffic signals in the City have been assembled in four volumes housed at City Hall. Signal Timing is also being developed for the following new traffic signals as well as those that are being modified as a result of road widening projects: LOCATION TYPE OF PROJECT Coachella/Eisenhower Signal Modification Dune Palms and Westward Ho New Signal Fred Waring and Palm Royale New Signal Jefferson and Avenue 53 New Signal Jefferson and Avenue 49 New Signal Miles and Desert Crest. New Signal Miles Ped Xing New Signal Palm Royale/Washington New Signal Sage Brush/Washington New Signal Silver Rock/Avenue 52 New Signal(recently completed) Seeley and Miles New Signal Simon/Washington New Signal 4. Traffic Signal Warrant Studies Studies prepared by a consultant were reviewed for the following four locations where the city had identified that traffic signals might be needed: • Avenue 50 and Orchard Lane • Avenue 52 and Desert Club Drive • Dune Palms and Westward Ho • Jefferson and Avenue 49 Design plans are currently being prepared for the Jefferson Street/Avenue 49 and Dune Palms/Westward Ho intersections. 5. Village Roundabout Reconstruction A new geometric design has been finalized for the Village roundabout at the intersection of Avenida Montezuma and Avenida Navarro. The new design incorporates signing and striping changes needed to bring this roundabout into compliance with national practice and input provided by City Council. A complete set of design plans is being prepared so that construction of this project can be completed. 461 1Z 5. Jefferson Street Widening Project As part of the new Jefferson Street widening project from Hwy 111 to Indio Blvd., new traffic signals will be either constructed or existing traffic signals modified at the following intersections: • Country Club • Fred Waring Drive • Indio Blvd • Miles Avenue • Pebble Beach Drive • Vista Grande • Westward Ho As part of the final design review, changes were made to make sure that all the equipment needed to synchronize these seven signals was included in the project. A joint project with the City of Indio is being established to synchronize the timing at these seven signals once the project has been completed. A separate project will be initiated to synchronize the signals on Jefferson Street south of Hwy I I I at Avenue 48, Avenue 49 (new traffic signal), Avenue 50 and Pomelo Drive so that traffic can flow smoothly along the entire corridor. 6. Improvements on Hwy 111 Two projects are being implemented by the city to improve the capacity of Hwy I I I between La Quinta Center and Jefferson Street. The first project is the process of beginning construction. The second project is under design. A review of the geometric design prepared by the consultant has been completed. The review is being coordinated with Caltrans to make sure that their comments are being addressed. 7. Darby Middle School The design of the new traffic signal at Palm Royale Drive and Washington is being finalized to address the concerns of the City of Palm Desert and Riverside County. Once constructed, this signal will be maintained by the City of Palm Desert and be incorporated into the Washington Street synchronized signal system. 7. Red Light Cameras Comments were provided on the final scope of work and technical content of the agreement with the vendor. Technical input was also provided about the signing that is to be provided at each of the test intersections in accordance with the direction provided by the City Council to make sure that driver will be made fully aware of the presence of the cameras. 462 13 8. Review of Development Projects A variety of documents related to new development projects have been reviewed and comments provided to make sure the projects comply with current standards and practices. These documents include traffic impact studies, design of street improvement plans, the layout of public streets in new subdivisions and implementing access management strategies to protect the capacity of important corridors such as Washington and Jefferson. The projects reviewed include a number of housing tracts throughout the City, the Griffin Ranch project and the traffic analysis submitted for the Sams Club and Costco Projects. Comments are also being provided to city staff as part of the process of developing a system of checks to make sure that all critical engineering related items are addressed during the review of new development projects. 9. Citizen Requests City residents frequently submit a variety of requests for signing and striping modifications as well as for new traffic signals or modifications to existing traffic signals. Requests are also made to investigate sight distance at intersections and driveways. Where necessary, assistance has been provided to city staff to respond to these requests. 10. Special Events A coordinated plan was put in place in March, 2005 to handle the large inbound and outbound traffic flows associated with the Indian Wells tennis tournament. The tournament traffic primarily impacts the intersections of Miles Avenue/Washington Street in La Quinta and Miles Avenue/ Hwy I I I in Indian Wells. Signal timing had to be modified at these intersections throughout the tournament and especially during the final matches to handle the heavy directional flows at these intersections at the request of the Indian Wells Police Department. The assistance of Caltrans staff was secured to make the changes needed at Hwy 111 and Miles Avenue. A permanent plan will be developed over the next few months by Indian Wells staff to address traffic flow issues associated with future tournaments. 11. Technical Library A technical library has now been established at City Hall which includes the most up to date traffic engineering manuals and handbooks. This resource provides staff the information needed to review the design of improvement projects funded by the city as well as those constructed by developers. The library will be updated as new information is published the Federal Highway Administration, California Department of Transportation, the Institute of Transportation Engineers and the American Association of State Highway and Transportation Officials. 463 14 FUTURE PRIORITY PROJECTS During the second year of the current two-year contract, it is anticipated that high priority projects will include the following: • Calculating timing plans for new traffic signals • Developing traffic management plans for special events • Implementing a new computerized signal surveillance system on Washington Street • New scope of work for City-wide ADT and turning movement count program • New scope of work for City-wide speed survey program • Preparing an Annual Safety Report to reduce collisions at high crash locations • Responding to citizen requests • Reviewing studies and plans for both city capital projects and development projects • Synchronizing the traffic signals on Jefferson Street as part of the widening project • Updating the Technical Library 464 15 ��V .� �� ' � �.,�. �F �~ Y �yWNiY3b �'+nt44�7�„ ��t a° ;t, � � ��.� �� , ,� .�. �. �-y � � r�' "'�B' t. .. ,:;e,; �.,.. b� - V�: City of La Quinta La Quinta Police Department Captain Walter Meyer, Commanding May, 2005 Highlights (Numbers in parenthesis denotes number of calls for service that day) Sunday, 05-01-05 (50): A 15 year -old female arrived at JFK Hospital and reported that three unknown subjects had raped her. She said the rape occurred approximately one week ago after she was abducted as she was walking E/B on Ave. 50 in La Quinta. Deputies worked with the victim in an attempt to identify the area of the assault. Rape Crisis and Investigations were notified. Report by Deputy Bonaddio. Monday, 05-02-05 (83): 0712 Hours - While maintaining a perimeter position on an investigation in the 69000 block of Filmore St. in Thermal, Deputy Vanderhoof observed a suspicious vehicle attempting to leave the area. He conducted a traffic stop and discovered the vehicle had been stolen from La Quinta. The driver, Rafael Mendoza, was arrested and booked into jail for being in possession of a stolen vehicle. His presence in the area was unrelated to the initial investigation. 1444 Hours - Deputy Amezcua responded to an assault call in the 51000 block of Ave. Velasco. The victim, Kenneth White, reported that he was in his backyard when he heard a knock at the door. As he walked to the door, he heard someone trying to open it. He answered the door to find an unidentified black male standing on the other side. The suspect pushed White, causing him to fall to the ground. The suspect then fled from the location. White sustained minor injuries from the fall and the suspect is still outstanding. Tuesday, 05-03-05 (62): No significant activity to report. Wednesday, 05-04-05 (69): 0005 Hours - Deputies Leary and Bonaddio responded to the 52000 block of Ave. Velasco regarding a domestic violence call. Their investigation revealed the victim's boyfriend, Juan Natividad, had physically assaulted her with his hands and a blunt object. Based on the injuries, Natividad was arrested and booked for felony spousal abuse and assault with a deadly weapon. 1616 Hours - Deputies responded to Palm Desert National Bank in La Quinta regarding a robbery that had just occurred. An investigation revealed two male blacks, wearing ski 466� mask, entered the bank and took an undisclosed amount of cash. Both suspects fled on foot from the location. Dep. Bawdon handled the initial report and detectives will conduct follow-up. Thursday, 05-05-05 (96): 1720 Hours - A report of "White Out" conditions due to high winds and blowing sand was received for the area of Avenue 52 and Jefferson St. John Freeland, City of La Quinta Public Works Senior Engineer, responded and arranged for water trucks and barricades in anticipation of road closures. Gusts were gauged at 25 to 45 MPH and subsided at about 1930 hours. 2040 Hours - Deputy Swan responded to Good Stuff Pizza, on Calle Bermudas, in reference to an intoxicated subject refusing to leave the location. Deputy Swan arrived and the subject refused all commands and requests. OC spray was deployed and back up units arrived to assist in taking Timmy Boyd into custody. Boyd was booked into the Indio jail for public intoxication and resisting arrest. 1920 Hours - Deputy Adams stopped Holly Flowers, of La Quinta, at Lake La Quinta and Washington St. She was subsequently arrested for DUI and Child Endangerment. She had her 11-year-old son with her. She refused PAS and chemical test. She also has a prior DUI arrest. Flowers was booked into the Indio Jail. 2200 Hours - Deputy Adams handled a DUI collision at Ave 52 and Washington, La Quinta, involving two vehicles. Peggy Redmon, 57 of La Quinta, had a BAC of. 15% on the PAS. She later submitted to a blood test at JFK Hospital. Redmon received minor injuries in the collision. Redmon was booked into Indio Jail. Friday, 05-06-05 (77): No significant activity to report. Saturday, 05-07-05 (63): 2325 Hours - Deputies responded to a report of a traffic collision, auto versus fire hydrant, on Washington St. south of Ave. 47. Deputy Amezcua and Inv. Reeves arrived at the scene and found an overturned vehicle in a water catch basin. The vehicle had sheered off the fire hydrant's 12-inch control valve causing a large amount of water to quickly fill the catch basin. Deputies broke out the windows to assist the injured and intoxicated driver. Deputies held the driver above the water level until fire personnel could complete an extraction. Since deputies could not confirm if any other occupants had been washed out of the car and into the basin, several units conducted a perimeter check of the basin. A deputy conducted a resident check based on the vehicle registration. Working with the fire personnel, several engine companies arrived on scene and conducted a search with poles and hooks in the water. After an hour the searching {. 467 was concluded. The driver, Dustin Mastin, 25 years, of La Quinta was listed in critical condition. Mastin had received multiple lacerations and possible fractures to his legs. Sunday, 05-08-05 (45): No significant activity to report. Monday, 05-09-05 (86): No significant activity to report. Tuesday, 05-10-05 (70): No significant activity to report. Wednesday, 05-11-05 (91): No significant activity to report. Thursday, 05-12-05 (41): No significant activity to report. Friday, 05-13-05 (69): No significant activity to report. Saturday, 05-14-05 (58): 0045 Hours - Deputy Alexander arrested Rafael Rodriguez for two felony warrants at Jefferson St. north of Ave 48. Both warrants were forgery related with a total bail of $10,000. Rodriquez was booked in to Indio Jail. 2300 Hours - Deputy Amezcua attempted to stop James Joseph Sullivan, 58 years, of La Quinta for a hit and run investigation on Jefferson St. at Avenue 52. The driver continued to drive toward PGA West at 30-40 miles per hour and failed to yield to her emergency lights and siren. The driver was seen swerving between the traffic lanes. The driver continued onto PGA Blvd. and yielded one minute later. Sullivan was arrested for driving under the influence and failure to yield. Sunday, 05-15-05 (64): 0415 Hours - Deputy Burk arrested Billie Cristie, of Studio City for public intoxication at the La Quinta Resort. Cristie was given numerous warnings by security to go to her room and keep quiet. Cristie refused and was placed under arrest. Cristie said she was upset over a bad relationship. 0900 Hours - Deputy Bonaddio and Deputy McFadden responded to a possible vehicle burglary in progress in the 79200 block of Diane Rd. They located the suspect, Edward Cortez of Mecca. When Cortez saw the deputies, he fled on foot before being apprehended. The victim identified Cortez as having stolen items from his vehicle. Cortez was also identified as having stole a vehicle in the same area. Pursuant to his arrest, 11.5 grams of methamphetamine and a gram of Marijuana were located on Cortez, as well as a glass -smoking pipe. Cortez said he stole to support his drug habit. Cortez was booked into jail for possession of illegal drugs, possession of marijuana, possession of drug paraphernalia, resisting arrest, possession of stolen property, petty theft, and stealing a vehicle. Monday, 05-16-05 (72): 0200 Hours - Deputy Hernandez arrested Juan Miranda, of La Quinta for felony domestic violence, violation of a domestic restraining order and felony vandalism. Deputy Hernandez had responded to a report of a domestic disturbance in the 52100 block of Velasco. The suspect was booked at the Indio Jail. Tuesday, 05-17-05 (64): 0345 Hours - Deputy Leary, Deputy Pena and Sgt. Hignight conducted a vehicle check on Ave Navarro. The driver was seen in the front yard of a residence walking toward his running car. Sgt. Hignight contacted him and discovered the driver was from Indio and could not explain his presence at the residence. The suspect, Alejandro Ray Kason, is on probation for drugs and it appeared he was casing the area. He had two pawn slips in his wallet, bolt cutters in the trunk and a flashlight in the front seat. He had been released from Las Vegas Jail in March 2005 but would not discuss his arrest. A "Field Identification" was completed and the pawn slip information was submitted to the crime analysis. 0900 Hours - Deputy Estrada completed a warrant service in the 52200 block of Ave Madero. He contacted Sergio Rios, who had outstanding felony warrants for burglary, grand theft and possession of an illegal weapon. He was booked into the Indio jail. 2143 Hours -Cpl. Perez and Deputy Bawdon responded to the 50-700 block of Washington St. to investigate a suspicious person call. The suspicious person was described as a Hispanic male adult. When they arrived they located the suspect standing at the victim's front door. He was detained and identified as Jose Arias. They met with the victim (a 22 year old female). The female said she was inside the house, dressed only in her underwear, when she heard her front door open. She walked into the living room. and saw Arias starting to enter the front door. When Arias saw the victim, he quickly exited the house and left the area. While she was on the phone talking to the police, Arias returned to her front door and started knocking on it. In the last several months she had witnessed Arias peeking into the windows. On one occasion, he followed her to a location and attempted to befriend her. The victim was very scared and feared for her t. 469 safety. Based upon these details, Arias was arrested for stalking and trespassing. He was booked into the Indio Jail. 2350 Hours - Deputy Alexander contacted a 10 year -old male regarding a report of child annoyance. The incident had been reported as having occurred between 1830 and 1930 hours just inside the gate at "Talante" off of Ave 50 near Park, La Quinta. A male white approached the juvenile and told him to get in the car to help locate a lost item. The juvenile ran from the location and hid in the nearby bushes. Wednesday, 05-18-05 (66): 1230 Hours — La Quinta SET - Deputy Celaya arrested Fernando Baca of Indio for Receiving Stolen Property and Obstructing/Resisting a Peace Officer. Deputy Celaya saw Baca on a bicycle and, knowing that Baca was wanted for vehicle theft, attempted to stop him. Baca refused to comply and continued on the bike as Deputy Celaya called for additional units. Deputy Celaya and Deputy Darascavage followed Baca to Avenida Herrera and Calle Hidalgo. Baca ran from the bike and a short foot pursuit ensued. Baca was struck approx. 4-5 times with a Baton, causing one fracture in his left leg. Baca was taken to JFK for an "OK to book" and was later transported to Indio Jail. Thursday, 05-19-05 (68): No significant activity to report. Friday, 05-20-05 (54): 0130 Hours - Deputy Burk contacted Martin Angulo of La Quinta at Calle Monterey and Ave. Velasco in La Quinta. Angulo was arrested for a $50,000.00 Criminal Threats warrant and booked into Indio Jail. 0930 Hours - Deputy Brooker arrested a 16-year-old female at her residence in La Quinta for a no bail Juvenile arrest warrant. She was booked into Indio Juvenile Hall. Saturdav, 05-21-05 (59): 0400 Hours - Deputy Lugo responded to a spousal abuse call in the 53-000 block of Ave Velasco, La Quinta and arrested Dennis Mc Govern of La Quinta for domestic battery. He was booked into Indio Jail. Sunday, 05-22-05 (52): No significant activity to report. Monday, 05-23-05 (87): 470 1807 Hours - Deputy Lewis responded to Home Depot in reference to a shoplifting investigation. Upon arrival, she contacted the Loss Prevention Officer who had Gregory Shanafelt detained. According to the Loss Prevention Officer, Shanafelt had a fraudulent store receipt and attempted to leave the store with about $700.00 worth of merchandise. Shanafelt was arrested for burglary and booked him into the Indio Jail. Tuesday, 05-24-05 (87): No significant activity to report. Wednesday, 05-25-05 (61): 1554 Hours - Deputy Moore responded to the 53-200 block of Ave.Martinez in reference to a domestic dispute. Upon arrival, he met with the victim, a 42 yr old female. The victim said her boyfriend, Emmanuel Guzman, struck her with a clinched fist several times during an argument at their residence. Guzman was located in a nearby park and arrested for spousal abuse and booked into the Indio Jail. Thursday, 05-26-05 (92): 1933 Hours - Deputy Moore arrested Jesus Martinez Garcia for felony child abuse and torture in the 53-500 block of Avenida Ramirez. Garcia was upset at his 12-year-old son for not completing his math work correctly. He hit him several times with a power cable, causing severe bruising. His wife, Angelina Garcia attempted to stop him and he hit her with a power cable. Garcia was located inside his residence and arrested without incident. Friday, 05-27-05 (78): 0140 Hours - Deputy Munoz responded to a prowler call in the 53-000 block of Ave. Alvarado, La Quinta. A subject was pounding on the doors and windows and had caused one window to break. An investigation revealed that Jason Heyman was at the location trying to make entry, however, his mother refused. Heyman is wanted for a bank robbery in Idyllwild, which occurred about two weeks ago. Heyman apparently cut his hand(s) on the broken window and he was gone prior to our arrival. Saturday, 05-28-05 (73): 0048 Hours - Deputy Munoz arrested Roger Rowe at Wal-Mart for commercial burglary. He was originally detained by security for shoplifting. Rowe was booked at Indio Jail. Sunday, 05-29-05 (65): 0215 Hours - Deputy Pichardo and Sgt. Hignight arrested Ben Jimenez, of Coachella for a felony theft warrant during a traffic enforcement stop on Liberty Street. Monday, 05-30-05 (65): 471 2130 Hours - Deputy Adams arrested Richard Bylski, of Utah, for DUI at Mazatlan and Arboles. His BAC was .11 %. Transported to the jail. Tuesday, 05-31-05 (101): 1840 Hours - LQ SET arrested Jason Heyman at his residence in the 53-900 block of Ave. Alvarado for bank robbery. Heyman is wanted for robbing a bank in Hemet Station's area (Idyllwild) about three weeks ago. Total calls for service: 2168 472 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT May 2005 School: La Quinta High School Deputy: Robert Brooker 12- Criminal Reports 6- Non Criminal Incidents 5- Arrests 2- DA Filings 3- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School Session: May lst through May 31St, 2005 Highlights: ➢ I assisted the school personnel with school related problems as well as parents who are having problems with their high school age children in their home. In the majority of those cases I referred the parents and/or students to either the Student Assistance Program at the District Office or "conflict mediation" at the school site. ➢ I responded to the usual reports of the thefts of cell phones from the locker rooms as well as truancy citations. A positive for the month is that there were no fights reported. However, several students were found to be in possession of marijuana. It was reported that one student had sold his prescription pain pill to another student. During the course of my investigation, I found that he was not in possession of any pills and confirmed that he does not have a prescription for a pain pills. This proved to be nothing more then an unsubstantiated rumor. ➢ I assisted the school staff in responding to two reports of sexual misconduct. One involved a sexual harassment case between students. The second, involved an unsubstantiated report of a teacher accepting sexual favors in exchange for good grades. Since nothing could be sub- stantiated, school administration informed the teacher of the accusation and gave the teacher a warning. ➢ I conducted an assist to the Indio Police Department after being contacted by Child Protective Services (CPS). CPS reported that a female students' mother had hit her with a belt. I took photographs of the visible injuries to the student's arms. I also recorded an initial statement from the student. CPS took the student into protective custody. 473 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS MAY 2005 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 134 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings1:1:1H&S 1 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving 21 2 50 9 4 8 21 47 12 18 36 60 4 3 r- HIGHLIGHTS 474 La Quinta Police Department Special Enforcement Team Monthly Report May — 2005 (Dep. Wedertz, Dep. Celaya, Sgt. Jemenez, Dep. Olsen, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of June. Ongoing Investigations 3 Probation Searches 8 Parole Searches 2 Arrests/ Filings 4 Vehicle checks 16 Business Contacts 13 Investigation assists 5 Arrest Warrants Served 0 Arrest Warrants Attempted 0 Programs 0 Pedestrian Checks 33 Crime Prevention Hours 140 Bar Checks 0 Back-ups 7 Follow-ups 23 Search Warrants 0 Meetings 8 Recovered Stolen Property 0 Citations issued 1 Surveillance's 0 Property Checks 13 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 0 Total Mileage: 1736 miles Noteworthy Accomplishments: ♦ Arrested Fernando Baca (31) of La Quinta for possession of stolen property, resisting arrest and grand theft auto. Dep. Celaya saw Baca pushing a stolen vehicle, however, Baca avoided arrest. At a later date, Dep. Celaya saw Baca riding a bicycle and attempted to stop him. Baca refused deputies orders to stop and was apprehended after a short pursuit. ♦ SET team Deputies arrested Jason Heyman (21) of La Quinta after conducting a probation search at his residence. Heyman was positively identified as the driver in a bank robbery in the Hemet area. Suspect was turned over to Detectives from the Hemet Station. ♦ Three juveniles ages 14, 15 and 17 were arrested for grand theft and felony vandalism after breaking into the La Quinta Sports Complex. Suspects admitted to crimes and will be forwarded to the District attorney's Office for prosecution. 975 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT MAY 2005 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Summary of Activity for the Month of January Type of Activity Number of Incidents Burglary Investigations 24 Grand Theft Reports 4 Petty Theft Reports 6 Vandalism/Malicious Mischief Reports 2 Vehicle Theft or Recovery Reports 0 Traffic Collision Response 15 Vehicle Code or Parking Citations 17 Abandoned Vehicles Tagged w/ Warning 22 Towed Vehicles 4 Lost or Found Property Reports 5 Area Checks /LQ Skate Park/Laborers 24 Public Assistance 8 Custodial and Non -Custodial Transports 8 Miscellaneous Calls 13 476 City of La Quinta Community Oriented Policing Office and Volunteers Report May, 2005 Highlights • The volunteer program averages fourteen volunteers who are assisting in many capacities in the La Quinta Community Policing Office. There are five new applicants for volunteers in the background process. • Several volunteers enter all La Quinta traffic and parking citations and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their CPO staffing duties. Volunteers are inputting data for statistical analysis for an ABC Grant. Ongoing training programs are planned. • Proposals are being developed to increase the activities of the volunteers to include a Patrol Program. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4/03 to Present) Hours 237.5 1192 5968.5 Visits 152 743 3692 477 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT May 2005 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Regular training meetings were held on May 4, 11, 18, and 25. The training meetings covered the following topics: 1) Vehicle stop instruction and practice. 2) Building search scenarios and practice. 3) Physical training. 4) Marching and drill instruction. 5) Competition event practice. Deputy Manny Alvarado and I conducted the vehicle stop instruction and practice. I handled the building search scenarios and competition event practice. Deputy Manuel Alvarado and Explorer Post Captain Alejandro Barragan led the marching and drill instruction. Deputy Sarah Bautista, Deputy Manuel Alvarado and Explorer Captain Alejandro Barragan coordinated the physical training. Some Explorer Post 503 Explorers volunteered their time to assist with the May 20-22, 2005 Riverside County Sheriffs Department, "Finding Our Way Together" youth camp at Forest Home Camp in Forest Falls. Explorers also volunteered time for the May 20 traffic safety program in Coachella. The Explorers who volunteered their time to serve were commended for making the two events successful! Upcoming events for Post 503 Explorers include the following: 1) Las Vegas, Nevada Explorer Competition, June 10-12, 2005 2) Riverside County Sheriff's Department Explorer Academy, August 7-11, 2005 Explorer Post 503 Explorers are working on getting in shape for the two above described outings. 478 Vil 2500 2000 1500 1000 500 0 10000 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 Month to Month Calls for Service Comparison - April 2005 2298 1957 1325 1237 973 720 Total Non -Criminal Criminal Year to Date Calls for Service Comparison Total Non -Criminal Criminal m Apr. 2005 m Apr. 2004 it ® YTD 2005 O YTD 2004''i M CD 0 0 O m M X O m Z -1 nm r OT v_ M c a _ O 'z Q m O -< -M --IO 4 N � a _m z c ' z m a •C-1) N O O CA nc N U z� c t)iO T *a n -n ; 3 n, T C ti n' a� o CD Z Cn a O V CA Cn 4 W N -000->M>MCWOO>O a nDZOZ oZmr-r-cmmn n m�� c D� Z � M Z n -n v D c m-n m r- Z n Z U) m a n o O m n'a y D O M v Cn O O coo 0)rn o W '' O O ' Z C " r a r ww� rn-•� 4 O N a) CO �� Cn O CO O O O o� r O W .06 v� CD O W 0) N O Cn � 0 0 A CA O N � COn CA O O Lo m `. NJ .A CD o � n m z z D �O v cm r— �m 0 m m O N W 0, m S. 492 100 90 80 70 60 50 40 30 20 10 0 300 250 200 150 100 50 0 CITY OF LA QUINTA April Crime Comparisons ®Apr-05 M Apr-05 1 1 �I HOMICIDE RAPE ROBBERY ASSAULT (F) BURGLARY VEH THEFT THEFT/LARCENY (F) CITY OF LA QUINTA Year to Date Crime Comparison - April ou OMICIDE RAPE ROBBERY ASSAULT (F) BURGLARY VEH THEFT THEFT/LARCEM (F) 10 YTD 2005 ® YTD 2004 493 500 450 400 350 300 250 200 150 100 50 0 4000 3500 3000 2500 2000 1500 1000 500 0 Month to Month Traffic Activity Comparison 474 .. ,,{� 37 47 TRAFFIC T/C NON- DUI T/C INJURY T/C FATAL CITATIONS INJURY Year to Date Traffic Comparison TRAFFIC T/C NOW DUI T/C INJURY T/C FATAI CITATIONS INJURY Apr. 05 © Apr.04 ® YT 002DI YT 5 YTD 2004'i 494 L01) S COUNCI IRDA MEETING DATE: ,tune 21, 2005 ITEM TITLE: Public Hearing Adopting A Resolution Approving the Placement of Weed Abatement/Lot Cleaning Assessments on the 2005/2006 Property Tax Roll RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2005/2006 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity.to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. No written communications have been received regarding this matter. All of the listed property owners have been notified of the costs associated with the abatement and have been given more than 30 days in which to reimburse the City. 495 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2005/2006 Property Tax Roll as listed in the Resolution; or 2. Do not adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2005/2006 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building d Safety Director Approved for submission by: Thomas P. Genovese, City Manager 2 c. ' 436 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 497 3 Resolution No. 2005- Weed Abatement/Lot Cleaning Assessments for 2005/06 Property Tax Roll Adopted: June 21, 2005 Page 2 NAME ASSESSOR'S COST OF ADMIN FEE PARCEL NO. ABATEMENT (25%) TOTAL Puccio 770-104-008 350.00 87.50 437.50 Moseley 773-285-011 120.00 30.00 150.00 Red Star 770-156-002 450.00 112.50 562.50 Castellanos 774-133-009 200.00 50.00 250.00 Castillo 773-253-012 250.00 62.50 312.50 Anderson 773-295-001 180.00 45.00 225.00 Levenson 773-225-002 250.00 62.50 312.50 Overstreet 773-062-025 180.00 45.00 225.00 Ostrowsky 773-077-014 130.00 32.50 162.50 Souza 773-184-016 275.00 68.75 343.75 King 773-154-021 275.00 68.75 343.75 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of June, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California 4 498 Resolution No. 2005- Weed Abatement/Lot Cleaning Assessments for 2005/06 Property Tax Roll Adopted: June 21, 2005 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 013 9 �a 4'•c o`` lyt` �yw F t 9 COUNCIL/RDA MEETING DATE: .tune 21, 2005 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance to: 1) Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2005-544; 2 & 3) Change the General Plan Land Use (GPA 05- 104 and Zoning Designation (ZC 05-124) From Low Density Residential to Medium High Density Residential; and 4) Approve an 80-Unit Multi - Family Residential Project (SDP 05-826) Located West of Adams Street, on the North Side of Miles Avenue Applicant: City of La Quinta Redevelopment Agency RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING:-� Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005544, General Plan Amendment 2005-104, Zone Change 2005-124 and Site Development Permit 2005-826; and Adopt a Resolution of the City Council approving General Plan Amendment 2005- 104, a change of Land Use designation on ± 9.44 acres from Low Density Residential to Medium High Density Residential; and Move to introduce Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading approving Zone Change 2005-124; and Adopt a Resolution of the City Council approving Site Development Permit 2005- 826, for an 80-unit multi -family residential project, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: The City of La Quinta Redevelopment Agency (RDA) is the applicant and has budgeted funds to construct this project. am S:\CitvMar\STAFF REPORTS ONLY\PH 3 Vista Dunes.doc CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Vista Dunes Courtyard Homes is a City of La Quinta Redevelopment Agency project to convert a mobile home park to a multi -family residential project. Proposed are 80 affordable residential units, a community center, and recreational amenities on 9.44 acres located west of Adams Street, on the north side of Miles Avenue (Attachment 1). Site Development Permit 2005-826 proposes architectural and landscape plans for the entire project. The proposed project site has been a mobile home park for a number of years. The Park contained up to 93 mobile homes, as well as accessory structures. The Park is in the process of closure, with 14 occupied coaches remaining on -site. The proposed Vista Dunes Courtyard Homes is a City Redevelopment Agency (RDA) project that will provide affordable housing for very low-income families. The project will be developed by the RDA and sold to a non-profit owner/operator. The Environmental Assessment has a detailed project description. Planning Commission Action The Planning Commission reviewed the applicant'.s request on June 14th, 2005. After deliberation, the Commission voted (5-0) to recommend: 1. Certification of Environmental Assessment 2005-544; 2. Approval of General Plan Amendment 2005-104; 3. Approval of Zone Change 2005-124; and 5. Approval of Site Development Permit 2005-826 (with a 4-1 vote). The recommendations are based on the attached Findings and Conditions of Approval including modifications, as requested by the Commission, to designate the property as a Medium High Density Residential use, provide a gated access to the City Park, add windows to the east elevation of Plan Elevation No. 2, and allow Date Palm trees in the landscape palette. One Planning Commission member supported the proposed land use, but voted no on the Site Development Permit. This Commissioner expressed concern about the proposed building design. Excerpts from the Draft Minutes of the Public Hearing are attached (Attachment 2). Project Description General Plan Amendment and Zone Change 491 S:\CitvMar\STAFF REPORTS ONLY\PH 3 Vista Dunes.doc The applicant is requesting to change the General Plan and Zoning Land Use Designation from Neighborhood Commercial to Medium High Density Residential. The Medium High Density Residential General Plan designation allows up to 12 units per acre; the proposal is for 80 residential units on 9.44 acres which yields a density of 8.4 units per acre. The proposed land use designation will enable the development of the affordable housing project and assist the City in meeting its' Housing Element goals and RDA requirements for constructing affordable housing. Site Development Permit The Courtyard Homes take access from Miles Avenue and all units have vehicular access to parking from a central driveway. The proposed units are within a gated community and consist of one-story attached and detached units providing one-, two- and three -bedroom units (Attachment 3). All units are oriented towards the interior of the project. There are 150 covered carports and 44 guest spaces. As noted in the table below, this project assumes that three -bedroom units are provided with two covered parking spaces. The Zoning Code requires three covered spaces for three -bedroom units; however City Council can make a finding that this requirement does not apply and satisfactory parking is provided. As stated in the Site Development Permit Resolution, the City Council can make a finding that allows the proposed parking standard. The guest spaces meet Zoning Code requirements. Unit size Covered Parking Code Requirement Covered Parking provided One -bedroom 1.2 1.2 Two -bedroom 2 2 Three -bedroom 3 2 The Redevelopment Agency at its meetings of May 18, 2004, and August 3, 2004, discussed the proposed project and parking allocation requirements in that the proposed project provides more parking than the existing mobile home park. Staff has evaluated the proposed project and believes that sufffcienct on -site parking will be available for this type of affordable housing project. The proposed architectural design integrates the fundamentals of desert contemporary architecture featuring functionality, safety, and durability. The structures have simple form and expansive transparent connections to the outdoors. All of the proposed units are oriented to the interior of the site providing courtyards and common open space along the paseo. The proposed units are flat roof with slightly sloped roofs behind parapets at a maximum height of 12 feet with 17-foot high air vent towers. In addition, all of the units utilize solar panels on the roof. Carports are proposed to be painted metal, which are either attached to, or in 492 S:\CitvMar\STAFF REPORTS ONLY\PH 3 Vista Dunes.doc close proximity to the units, with low block wall storage units. The units are proposed to be wood frame with a plaster veneer in a variety of earthy colors. The horizontal and overlapping trellises provide shade and shadows contributing to an enhanced visual contrast. The proposed landscape plan includes drought tolerant perimeter landscaping around the entire property and along green space in the central paseo and courtyards. Landscape setbacks include a 32-foot setback on Miles Avenue at the project entry; a 22-foot setback on the west property line adjacent to existing residential homes; a 15-foot setback on the east property line adjacent to an existing Church and parking lot; and a minimum 22-foot setback on the north property line (which is integrated with an open space lawn area) adjacent to existing residential homes and a City park. The perimeter and paseo landscaping includes a variety of drought tolerant trees, shrubs and ground covers common in the desert climate. Trees provided include Acacia, Palo Verde, Willow, Date Palm and Evergreen Elms with a variety of shrubs and ground cover. Environmental Assessment Based on California Environmental Quality Act (CEQA) requirements, staff prepared Environmental Assessment 2005-544 for the project. Staff recommends certification of a Mitigated Negative Declaration of environmental impact. Comments from Other Departments and Agencies: The project was sent out for comment to City departments and affected public agencies on May 3, 2005, requesting comments be returned by May 18, 2005. All applicable comments are incorporated in the Conditions of Approval. Public Notice The case was advertised in the Desert Sun newspaper on June 10, 2005. All property owners within 500 feet of the proposed project were mailed a copy of the public notice. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment, General Plan Amendment, Zone Change, Specific Plan, Tentative Tract Map, and Site Development Permit can be made and are contained in the attached Resolutions. 493 S:\CitvMar\STAFF REPORTS ONLY\PH 3 Vista Dunes.doc 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005- 544; Adopt a Resolution of the City Council approving General Plan Amendment 2005-104; Move to introduce Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading approving Zone Change 2005-124; and Adopt a Resolution of the City Council approving Site Development Permit 2005-826, subject to findings and Conditions of Approval; or 2. Do not adopt the Resolutions and Ordinance approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. W&ns Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Excerpts from Planning Commission Draft Minutes of June 14, 2005 3. Reports, Plans and Elevations 494 P:\Reoorts - CC\2005\6-21-05\VDMHP\CC rot. Vista Dunes Courtvard Homes.doc RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2005-104, ZONE CHANGE 2005-124, AND SITE DEVELOPMENT PERMIT 2005-826 CASE NO.: ENVIRONMENTAL ASSESSMENT 2005-544 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 215t day of June, 2005, hold a duly noticed Public Hearing to consider the request of the City of La Quinta Redevelopment Agency, for certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005- 544, prepared for approval of a General Plan Amendment and Zone Change from Low Density Residential to Medium High Density Residential designation, and Site Development Permit 2005-826 for an 80-unit multi -family residential project, a community building, and on -site amenities collectively (the "Project"), generally located west of Adams Street, north of Miles Avenue and more particularly described as: A.P.N.: 604-032-022: and, WHEREAS, the Planning Commission of the City of La Quinta did on the 14th day of June, 2005, hold a duly noticed public hearing to consider a request of City of La Quinta Redevelopment Agency for approval of a General Plan Amendment and Zone Change from a Low Density Residential to Medium High Density Residential designation, and Site Development Permit 2005-826 for an 80-unit multi -family residential project, a community building, and on -site amenities collectively (the "Project") generally, located west of Adams Street, north of Miles: and, WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 27t' day of May, 2005 to landowners within 500 feet of the Project Site, and notified all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing date for the City Council; and, P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO EA 2005-544.doc 495 Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency June 21, 2005 Page 2 WHEREAS, the City published a Notice of Intent to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on June 4, 2005, and further caused the notice to be filed with the Riverside County Clerk in accordance with the CEQA Guidelines; and WHEREAS, during the comment period, the City received no comment letters. WHEREAS, the City Council finds that the Project is consistent with Goals of the General Plan Land Use Element for residential uses and assists in achieving the Quantified Objectives of the General Plan Housing Element. WHEREAS, the above recitations are true and correct and are adopted as the Findings of the City Council as follows: 1. The City Council finds that the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and that based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. 2. The Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-544. 3. The Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of, rare or endangered plants or animals or eliminate important examples of the major periods of California history, or prehistory. P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO EA 2005-544.doc , 496 Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency June 21, 2005 Page 3 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6. The Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Project. 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Mitigated Negative Declaration and the comments, if any, received thereon. 9. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the Planning Commission decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is the Community Development Director. 11. A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code § 21081.6 in order to assure compliance with the mitigation measures during Project implementation. 12. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. PAReports - CC\2005\6-21-05\VDMHP\CC RESO EA 2005-544.doc 497 Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency June 21, 2005 Page 4 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 14 The Mitigated Negative Declaration is hereby recommended for certification. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That is does hereby certify Environmental Assessment 2005-544, for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached hereto, and on file in the Community Development Department. 3. That Environmental Assessment 2005-544 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 st day of June, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO EA 2005-544.doc 498 Resolution No. 2005- Environmental Assessment 2005-544 La Quinta Redevelopment Agency June 21, 2005 Page 5 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 PAReports - CC\2005\6-21-05\VDMHP\CC RESO EA 2005-544.doc 499 Environmental Checklist Form 1. Project title: General Plan Amendment 2005-104, Change of Zone 2005-124, Site Development Permit 2005-826, Vista Dunes Redevelopment Project 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Fred Baker 760-777-7125 4. Project location: North side of Miles Avenue, approximately 350 feet west of Adams Street. The site address is 78990 Miles Avenue. The Assessor's Parcel Number is 604-032-022. 5. Project sponsor's name and address: City of La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 X General plan designation: Current: Low Density Residential Proposed: Medium Density Residential 7. Zoning: Current: Low Density Residential Proposed: Medium Density Residential Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project site consists of a single 9.44 acre parcel. The proposed project would redevelop the site by relocating the residents of the existing mobile homes, removing the mobile homes, and constructing 80 single story attached and detached units, as well as common area amenities (please see below). The proposed project site has been a mobile home park for a number of years. The park contained up to 93 mobile homes, as well as accessory structures. The mobile homes on the north half of the site occur immediately adjacent to the eastern and western property lines, and in the center of the site, with a loop road separating them. On the south half of the site, a loop road occurs adjacent to the eastern and western property line, and the mobile homes occur in the center of this area. An Environmental Assessment (EA 2003-489) was prepared to address the purchase of the mobile home park by the Redevelopment Agency. At that time, there was no specific project proposal for the redevelopment of the site. EA 2003-489 therefore did not address the construction of a new project on the site. This Environmental Assessment (EA 2005-544) is being prepared to analyze the project now proposed by the Redevelopment Agency for the site. The project will consist of 80 one, two and three bedroom rental units, both attached and detached. The units will be available for rental by very low income households. Strict criteria for acceptance as a tenant have been 500 implemented, requiring that eligible tenants have a good credit history, pass a criminal background check, and maintain current car insurance. All units are proposed to be single story, with a unit heights of no more than 12 feet with air vents of 17 feet. Units will be clustered in groups of 6. The site plan includes landscaped building setbacks of 22 feet (which is integrated with an open space lawn area)on the northern property line, 22 feet on the western property line, and 15 feet on the eastern property line. Common areas are also provided, including a passive open space lawn on the northern property line; a community room, pool, basketball court and park area in the southeastern corner of the site. A stormwater retention basin is proposed for the southwestern corner of the site, and will connect to the retention basin located immediately west of the site. A single access point is proposed from Miles Avenue. The units will be accessed from this central drive, with individual access from this drive to the parking areas for each building cluster. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Low Density Residential, Open Space Park; Single family homes, park South: Low Density Residential; Miles Avenue, Single family homes West: Low Density Residential; Single family homes East: Low Density Residential; Church, fire station 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District J01 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead- Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature June 24, 2005 Date 5��2 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the proj ect. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. t.. 503 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project will result in the replacement of existing mobile homes (single story structures) with stick -built single story structures. The existing mobile homes are located immediately adjacent to the eastern and western property lines on the north half of the site, whereas the proposed project will include building setbacks of either 15 or 22 feet. Under existing conditions, the homes located immediately west of the site have clear view of the mobile homes located immediately adjacent to the property line. The building setbacks will provide relief from this condition, insofar as the distance between structures will increase by 22 feet. Miles Avenue is designated a secondary image corridor in the General Plan. As such the project site plan includes a 32 foot landscaped setback on the Miles Avenue frontage, which will improve the aesthetic appeal of the area. There are no scenic resources (trees, rock outcroppings or historic buildings) on the project site. The current mobile homes are old and in need of repair, and provide no scenic resource for the site. The primary sources of light on the property has been, and will continue to be from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. The site will include a 6 foot high decorative wall which will block both landscaping and vehicle headlights from adjoining properties. Car headlights will represent only a temporary and periodic minor impact to light in the area. Impacts are expected to be less than significant. 5U4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location X or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The proposed project is located in the City's urban core, and is fully developed. No agricultural lands occur within several miles of the project site. There are no Williamson Act contracts on the property. The General Plan and Zoning designations for the site are for residential development. There will be no impact to agricultural resources. 50 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook, Project Study) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) Air emissions will be generated from demolition, construction and operation of the redeveloped site. Emissions relating to demolition and construction will be associated with heavy equipment and dust generation. Emission relating to operations will be from the vehicles of residents. Each of these potential impacts is addressed below. Demolition The demolition of the existing improvements will include primarily asphaltic and cement materials from interior roads and pads. Heavy equipment will be required to remove these materials. The Table below illustrates typical daily emissions from heavy equipment associated with demolition of on -site improvements. t. 506 Table 1 Demolition Equipment Emissions - Diesel powered (hounds Der dav) Equipment Pieces hrs/day CO ROC Nox Sox PM10 Tracked Loader 1 8 1.608 0.760 6.640 0.608 0.472 Scraper 2 8 20.000 4.320 61.440 7.360 6.560 Wheeled Loader 1 8 4.576 1.840 15.200 1.456 1.360 Miscellaneous 1 8 5.400 1.200 13.600 1.144 1.120 Total: 31.584 8.120 96.880 10.568 9.512 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated in Table 1, the heavy equipment emissions associated with demolition of the existing improvements will not exceed SCAQMD thresholds for criteria pollutants. Impacts are expected to be less than significant. Construction The Coachella Valley is designated a severe non -attainment area for the generation of PM10, a component of fugitive dust. Fugitive dust will be generated by grading activities on the project site. The City implements regional plans for the suppression and reduction of fugitive dust, including the mandatory preparation of PM10 Management Plans for construction projects. Given the previous development of the site, grading is likely to be less extensive than for a vacant desert parcel, however it can be expected that the site will require grading to conform to the new land use plan. Under mass grading conditions, the site has the potential to generate 249.2 pounds of fugitive dust per day. This level of fugitive dust exceeds the thresholds of significance established by the South Coast Air Quality Management District. Mitigation is therefore required, as follows: Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 2. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 3. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseed on the affected portion of the site. 4. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Miles Avenue, shall be installed immediately following precise grading. 6. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. �.. 507 7. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour The implementation of these mitigation measures will reduce impacts associated with grading activities to less than significant levels. Operations The proposed project will result in the construction of 80 new residential units, which will generate approximately 538 trips per day'. These vehicle trips will generate the following emissions. Table 2 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 538 x 15 = 8,070 PMIo PMIo PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Pounds at 50 mph 1.60 41.69 8.55 - 0.18 0.18 SCAQMD Threshold (lbs /day) 75 550 100 150 Assumes 538 trips, ITE categories 220. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. The Table demonstrates that the buildout of the 80 unit project will not exceed thresholds of significance established by the SCAQMD. The existing 90 mobile homes generate only slightly fewer trips (449 daily trips) than the proposed project. Therefore, the emissions associated with the redevelopment project will only increase emissions by about 20% over current conditions. Impacts associated with vehicle emissions are therefore expected to be less than significant. Ill. d) & e) The construction of residential units is not expected to generate objectionable odors, or expose sensitive receptors to pollutant concentrations. 1 "Trip Generation, 7th Edition," Institute of Transportation Engineers, for category 220, Apartments. 508 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service(General Plan MEA, pages 74-87) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, pages 74-87) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, pages 74- 87) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? General Plan MEA, pages 74-87) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance (General Plan MEA, pages 74-87) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or a09 other approved local, regional, or state habitat conservation plan? General Plan MEA, pages 74-87) IV. a)-o The project site is fully developed, and does not contain any significant natural community. Some existing landscaping occurs, and the redevelopment of the site will increase the landscaped area. These existing and future landscaped areas may provide habitat for native species. Furthermore, the site is not located in an area identified as having potential habitat for any species of concern. The proposed project site is located within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. No impacts to biological resources are expected to occur as a result of implementation of the proposed proj ect. 510 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)- d) The project site is fully developed. No cultural resources are expected to occur on the site. No historic structures occur on the site. The site is located outside the historic boundary of ancient Lake Cahuilla, and is therefore not expected to contain paleontological resources. The site has been developed and covered in impermeable surfaces for many years, and is not known to contain any buried remains. No impacts associated with cultural resources are expected as a result of implementation of the proposed project. 511 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan pages 97-106) ii) Strong seismic ground shaking? X (General Plan pages 97-106) iii) Seismic -related ground failure, X including liquefaction? (General Plan pages 97-106) iv) Landslides? (General Plan pages 97-106) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan pages 97- 106) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan pages 97-106) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan pages97-106) VI. a)-e) The project site is not located in an Alquist-Priolo Earthquake fault zone. The site is located in a Zone IV groundshaking zone, as defined by the Uniform Building Code (UBC). The building plans submitted for the proposed project will be reviewed by the City to assure their compliance with UBC standards for this zone. The site is flat, and is ;512 not located adjacent to slopes which might pose a rockfall hazard. The site is not located in an area of the City subject to liquefaction. The site is not located on expansive soils, and will be required to connect to sanitary sewer service, which occurs adjacent to the site, so that no septic systems will be installed. Overall impacts associated with geology and soils are expected to be less than significant. t.. 513 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (General Plan MEA, p. 95 ff.) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? General Plan MEA, p. 95 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted �:'_ 514 emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of 80 residential units is not expected to have any impact on hazardous materials. The homes will utilize small amounts of cleaning products and similar materials, but will not transport, use or store any significant amount of such materials. The City's solid waste franchisee is responsible for the proper disposal of these products, and implements programs for household hazardous waste as part of its contract with the City. Impacts are expected to be insignificant. The site is not identified on any database as having had hazardous materials incidents. The site is not located in the vicinity of an airport or private airstrip. The site is not located adjacent to hillsides, and is not subject to wildland fire hazards. Overall impacts associated with hazards and hazardous materials are expected to be less than significant. 515 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X �: _ 516 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) The proposed project will be required to comply with all local and regional requirements relating to water pollution prevention. The proposed project will connect to sanitary sewers, and will have no impact relating to waste discharge requirements. Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The redevelopment of the site will result in the need for domestic water service and for landscaping irrigation, at levels which are expected to be equivalent or less than those currently experienced at the site. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will likely reduce the per capita consumption of water on the site compared to current conditions. The applicant will also be required to comply with the City's NPDES standards, which protect surface waters from contamination. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The proposed project is currently fully developed. At the time that the mobile home park was developed, standards associated with on -site retention were much less stringent than they are now. The site therefore does not currently include a comprehensive drainage program. The redevelopment of the site will assure that the storm flows generated on the site are collected into a retention basin, and not released off -site at volumes of velocities exceeding the current condition. The proposed retention basin for the project will be connected to the adjacent basin to the west, creating a sub -regional facility which will improve conditions for the area. The City Engineer will review all plans for the proposed project to assure that the retention basin is sized to accommodate the 100 year storm, as required by City standards. Impacts associated with storm waters are expected, therefore, to improve those currently occurring on the existing mobile home park. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 5517 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site is fully developed as a mobile home park. The previously prepared Initial Study (EA 2003-489), required the preparation and implementation of a Relocation Plan and Replacement Housing Plan for all the qualifying mobile home residents. As a result, the residents of the mobile home park will be relocated, as required by law. The mobile home park is isolated from the surrounding neighborhoods by walls on all sides, and its replacement with rental housing units will not divide the surrounding neighborhoods. The requested General Plan Amendment and Change of Zone will increase the density allowed on the property from 0-4 per acre to 0-8 per acre. The property has been developed at a density of 10 units per acre (90 mobile homes on a 9 acre site) for a number of years, and has therefore been a legal non -conforming use under the General Plan. The proposed redevelopment of the site will result in a density of 8 units per acre. Therefore, the proposed amendment has been requested. Although the change in General Plan and Zoning designations will technically represent an increase in the ultimate number of units occurring in the City, the EIR for the General Plan included existing development in its assumptions, so the existing impacts associated with the mobile home park were analyzed in that document, and the redevelopment of the site will not increase impacts associated with General Plan buildout. The proposed General Plan Amendment and Change of Zone will allow the redevelopment of the site for a more intense residential land use on an arterial roadway, providing a buffer for the less intense, and more sensitive low density residential units to D18 the north. The Amendments will also provide for a variety of housing options, and increase the number of housing units available to very low income households in the City, in conformance to the policies and programs of the General Plan Housing Element. Impacts associated with land use and planning are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. �� 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project(General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) Redevelopment of the site from the current mobile home park to an 80 unit apartment project will have no impact on the surrounding noise environment. As a fully developed site, the noise generated by activities in the mobile home park are expected to be equivalent to those of the proposed project. The construction of the 80 units will result in housing units approximately 247 feet from the centerline of Miles Avenue. These units will be further buffered from roadway noise by the wall to be constructed at the front of the project, and, for units on the east side of the site, by the recreation or clubhouse building in that area. Noise levels at buildout of the General Plan on a primary arterial can be expected to reach 35,000 trips per day, resulting in noise levels in excess of City standards within 100 feet of the centerline. The General Plan EIR, however, demonstrated that on primary arterials with similar trip generation, the 65 dBA CNEL contour was achieved at a distance of approximately 170 feet from centerline, without mitigation. Therefore, the proposed project units at a distance of 260 feet with the mitigation of a 6 foot wall, will experience exterior noise levels well within acceptable ranges. The demolition of the site, and subsequent construction of the units will result in temporary and periodic noise impacts, particularly for the single family residential units located to the north and west. The project wall will help to alleviate these impacts, and the City's limitation on construction hours, which require that construction occur during the noisier, less sensitive daytime hours, will assure that these impacts are reduced. The impacts will occur for short periods during the demolition and grading of the site. Once construction of the units begins, noise levels will be reduced, although short term noise increases can be expected during that period as well. Overall, however, the construction activities are not expected to exceed the City's 65 dBA CNEL noise levels for exterior noise levels on surrounding properties. The site is not located within the area of influence of an airport or air strip. Overall impacts associated with noise are expected to be less than significant. 511 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The redevelopment of the project site will provide affordable housing to 80 families, and the relocation of up to 93 families in the existing mobile home park. These populations are generated by normal growth in the City. The proposed redevelopment of the site will support this normal growth rate by providing an additional housing opportunity for existing and new residents. Impacts are expected to be insignificant. The Redevelopment Agency was required by law, and by mitigation measures included in EA 2003-489, to prepare both a replacement housing plan and a relocation plan for the residents of the existing mobile home park. The plan has been implemented, and housing has been identified and secured for mobile home park residents. The relocation of these residents did not require the construction of units specifically for this project, but was accomplished through the use of existing housing vacancies. Overall, impacts associated with population and housing are expected to be less than significant. J�2 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Redevelopment of the site will have no impact on public services. The site is currently served by fire and police services, and the change from a mobile home park to a rental housing project is likely to reduce the number of responses for the fire department, since construction of permanent housing units will result in less flammable structures on the site. The gating and screening of residents will also reduce the potential numbers of police calls at the project site, insofar as some level of management and control over the type of resident will be exercised. The proposed project will be required to pay school and park fees in place at the time of issuance of building permits. These payments will offset the potential impacts to schools and parks associated with the proposed project. Overall impacts to public services are expected to be less than significant. 5?3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed redevelopment project includes on -site recreation for residents, which will minimize the impacts to other recreational facilities in the City. In addition, the project will be required to pay park fees in place at the time that building permits are issued. Impacts associated with recreation are expected to be insignificant. 524 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Proposed site plan) e) Result in inadequate emergency X access? (Proposed site plan) f) Result in inadequate parking capacity? X. (Proposed site plan) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The redevelopment of the site will generate approximately 538 daily trips. The current mobile home park is estimated to generate approximately 449 daily trips. Therefore, the proposed project will increase trips on City and regional roadways by 89 trips per day. On a primary arterial such as Miles Avenue, with an expected buildout daily trip generation . , 525 of over 35,000 trips, this represents an increase of 2/100% (.02) in the overall trip generation for the roadway, and will not exceed level of service standards for Miles Avenue at buildout of the General Plan The project does not include inadequate parking or unsafe designs, and has been designed to meet City requirements for multi -family residential projects. The proposed project drive and access have been reviewed by the fire department, and will allow sufficient access for emergency personnel. Transit service is located at Washington and Miles, less than one half miles westerly of the project site, and will be accessible to project residents. Overall impacts associated with transportation are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) 527 XVI. a)-g) The redevelopment of the project site will have no impact on utilities. All utilities are currently servicing the existing mobile home park, and will continue to do so with implementation of the rental housing project. The redevelopment of the site is likely to result in lower energy usage overall, insofar as older mobile homes have less insulation and energy efficient appliances than will be constructed with the proposed project. Water usage and wastewater treatment is likely to be reduced, insofar as the redeveloped units will utilize more water efficient appliances and fixtures, and are likely to use less water. Solid waste generation is expected to be equivalent to that currently generated at the site. The same recycling programs currently in place will be implemented for the redevelopment project. The landfills used by the City's waste franchisee have sufficient capacity to accommodate the existing project, and will continue to do so with implementation of the redevelopment project. No impacts are expected to result with implementation of the proposed project. 528 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is fully developed and redevelopment of the site will have no impact on biological or cultural resources. XVII. b) The proposed project will help the City reach its affordable housing goals, as outlined in the General Plan Housing Element. These are long term goals. XVII. c) As discussed in this document, no significant cumulative impacts have been identified in analysis of this project. The redevelopment project is likely to reduce potential buildout 529 impacts associated with water resources, energy and other similar impacts, insofar as the new construction will be more energy efficient than the current mobile homes on the site. XVII. d) The impacts associated with air quality are expected to be less than significant with implementation of the mitigation measures included in this document. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessment 2003-489 was used in this Study. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 530 0 M N oQ O 0 O., � C> 4.— 'C cl Cd O � U zz� a apa U c OVA � En on a Kati° � O va U � � o a 0 cq ono a Op�Fq N C 0 N N o oN o oN o U F O O U z a� zs i w F d A A Ox U U o 0 0 0 0 0 ~toCd F U U U `d � oto to an to w a A A tb4 A a w� a �o cc Q o Q Q A Q M � N Cd cl Q) x NO3 N 00) O 531 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCILOF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) ON APPROXIMATELY 9.44 ACRES LOCATED WEST OF ADAMS STREET, NORTH OF MILES AVENUE CASE NO.: GENERAL PLAN AMENDMENT 2005-104 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 th day of June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency for a General Plan Amendment from Low Density Residential to Medium High Density Residential designation, located at the west of Adams Street and on the north side of Miles Avenue, as shown on Exhibit A., and more particularly described as: A.P.N. 604-032-022: and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency for a General Plan Amendment from Low Density Residential to Medium High Density Residential designation, located at the west of Adams Street and on the north side of Miles Avenue; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify a recommendation for approval of said General Plan Amendment: 1. The new land use designation is suitable and appropriate for the property involved because it is an existing Medium Density use and is a narrow rectangular shaped lot more suitable for the higher intensity use. 2. The new land use designation is compatible with the similar designations within the City because the property is accessible from Arterial streets. 3. The proposed Amendment will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land use does not exceed standards in the General Plan. P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO GPA 2005-104.doc 532 City Council Resolution No. 2005- General Plan Amendment 2005-104 City of La Quinta Redevelopment Agency. Adopted: June 21, 2005 4. That the General Plan Amendment is within an area that will be provided with adequate utilities and public services to ensure public health and safety. r 5. The Project is consistent with Goals of the General Plan Land Use Element for residential uses and assists in achieving the Quantified Objectives of the General Plan Housing Element NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described General Plan Amendment request for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 rd day of June, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO GPA 2005-104.doc 533 City Council Resolution No. 2005- General Plan Amendment 2005-104 City of La Quinta Redevelopment Agency. Adopted: June 21, 2005 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PAReports - CC\2005\6-21-05\VDMHP\CC RESO GPA 2005-104.doc T" 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION CASE NO.: ZONE CHANGE 2005-124 APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 th day June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency, for a Zone Change from Low Density Residential to Medium High Density Residential designation as shown on Exhibit A., and more particularly described as: A.P.N.: 604-032-022 and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency, for a Zone Change from Low Density Residential to Medium High Density Residential designation; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify a Zone Change recommendation for approval as follows: 1. This Zone Change is consistent the General Plan, in that the Zone Change category proposed is consistent with those goals, objectives, and policies in the General Plan Land Use Element and assists in achieving the Quantified Objectives of the General Plan Housing Element. 2. The Zoning Change is suitable and appropriate for the property involved because it is an existing Medium High Density use on a narrow shaped lot which is more suitable for the medium intensity development. 3. The new land use designation is compatible with the similar designations within the City because the property is accessible from Arterial streets. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting land uses will require Planning Commission review and approval of development plans, which will ensure adequate conditions of approval. PAReports - CC\2005\6-21-05\VDMHP\CC ORD ZC 2005-124.doc J Ordiance No. Zone Change 2005-124 La Quinta Redevelopment Agency Adopted: June 21, 2005 SECTION 1. The official Zoning Map for the City of La Quinta is hereby amended for those areas shown on Exhibit "A" attached hereto and made a part of the this Ordinance. SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places, designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on this 21 st day of June, 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 P:\Reports - CC\2005\6-21-05\VDMHP\CC ORD ZC 2005-124.doc 537 Ordiance No. Zone Change 2005-124 La O.uinta Redevelopment Agency Adopted: June 21, 2005 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PARe orts - CC\2005\6-21-05\VDMHP\CC ORD ZC 2005-124.doc P � 538 � CASE MAP � RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR AN 80-UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT CASE NO.: SITE DEVELOPMENT PERMIT 2005-826 APPLICANT: LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 th day of June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency for a Site Development Permit located west of Adams Street and on the north side of Miles Avenue, and more particularly described as: A.P.N. 604-032-022 : and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of June, 2005, hold a duly -noticed Public Hearing and to consider the request of the City of La Quinta Redevelopment Agency for a Site Development Permit located west of Adams Street and on the north side of Miles Avenue; and WHEREAS, the Architecture and Landscape Review Committee did on the 1 st day of June, 2005 review the architecture and landscape plans for the proposed project and recommended to the Planning Commission approval of the Project, subject to conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approval of said Site Development Permit: 1 . The proposed project is consistent with the Goals, Policies and intent of the La Quinta General Plan in that the proposals meet General Plan Policy 2-1. 2. The design and development of the multi -family residential project will be consistent with the City's Zoning Code provided conditions contained herein are met to ensure consistency with the General Plan and mitigation of environmental consequences pursuant to Environmental Assessment 2005-544. 3. The site design of the proposed project is compatible with the development quality in the area and accommodates site generated traffic. 540 P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO SDP 2005-826.doc City Council Resolution No. 2005- Site Development Permit 2005-826 La Quinta Redevelopment Agency Adopted: June 21, 2005 4. The proposed parking is satisfactory since the parking provided is sufficient parking for three bedroom units and the standard number of spaces required does not apply in this case. 5. The landscape design of the proposed project complements the building and surrounding development in that it enhances the aesthetic and visual quality of the area, provides adequate visual buffering with trees and mounding, and uses a high quality of plant materials. 6. The architectural design of the project is compatible with the surrounding development in that it is a similar scale, massing and building height of other development in the area; the building materials will be high quality, durable and low maintenance, provided conditions are met. 7. The architectural design of the project is consistent with the Zoning Code in that land use and circulation considerations, scale, massing and building height of the facility are met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Site Development Permit request for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 rd day of June, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO SDP 2005-826.doc t. Jail City Council Resolution No. 2005- Site Development Permit 2005-826 La Quinta Redevelopment Agency Adopted: June 21, 2005 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 P:\Reports - CC\2005\6-21-05\VDMHP\CC RESO SDP 2005-826.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-826 ADOPTED: JUNE 21, 2005 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 3. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 543 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 544 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 6. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Miles Street (Primary Arterial - Option A, 1 10' ROW) - The standard 55 feet from the centerline of Miles for a total 1 10-foot ultimate developed right of way except for an additional right of way dedication at the Primary Entry of 63 feet from the centerline and 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 9. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Miles Street (Primary Arterial, Option A) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 10. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the improvement plans. 11. Direct vehicular access to Miles Street from lots with frontage along Miles Street is restricted, except for those access points identified on the Site Development Permit site plan, or as otherwise conditioned in these conditions of approval. PAReports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Site Development Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 14. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 15. Prior to submission of any improvement plans, the applicant shall submit to the Public Works Department a hydrology report and drainage plan for approval. At a minimum, said hydrology information shall be provided that addresses stormwater retention in existing City owned facilities to the north and west of the property. 16. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading/Demolition Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Precise Grading Plan 1 " = 30' Horizontal PAReports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 E. Off -Site Street Improvement/ Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/ Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 17. The City maintains standard plans, detail sheets and/or construction notes f6r 547 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 19. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 20. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 21. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 22. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and 548 PAReports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES storm water discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 23. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 24. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 25. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINAC;F P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc 54 City Council Resolution 2005-_ Conditions of Approval - Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 26. As conditioned above, the applicant shall submit to the Public Works Department a hydrology report and drainage plan for approval. At a minimum, said hydrology information shall be provided that addresses stormwater retention in existing City owned facilities to the north and west of the property. 27. 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. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 28. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 29. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as -built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 30. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 31. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the �► P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 32. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 33. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 34. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 35. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 36. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 37. 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. UTILITIES 38. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 39. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 40. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 551 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 41. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 42. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 43. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Miles Street (Primary Arterial - Option A; 1 10' R/W): Widen the north side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard including vertical profile design standards. The north curb face shall be located forty three feet (43') north of the centerline, except at locations where additional street width is needed to accommodate: a. Relocation the existing bus turnout and construct City of La Quinta bus shelter. b. A deceleration/right turn only lane at Miles Street Primary Entry. The north curb face shall be located fifty five feet (55') north of the centerline and length to be determined by 552 PAReports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. Other required improvements in the Miles Street right or way and/or adjacent landscape setback area include: C. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs, plus a single overhead street light at the primary entry to Miles Street. d. 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e. A County of Riverside benchmark in the Miles Street right of way established by a licensed surveyor. B. PRIVATE STREETS 1) Private street widths and layout shall conform to the shape shown on the approved Site Development Permit site plan. Parking shall be allowed on both sides of the street in marked parking stalls only. Where no parking stalls are provided, the minimum street width shall be 26 feet except at the entry accessway. 2) All right -turn only street intersections shall have a splitter median island located in the side street that. adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. C. COURTYARD DRIVEWAYS r>>3 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 1) The courtyard driveway area throat width and layout shall conform to the shape shown on the approved Site Development Permit site plan. Parking shall be prohibited in all common courtyard driveway and cul de sac areas. The applicant shall make provisions for ongoing enforcement of the parking restriction. 44. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 45. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Courtyard Driveways 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 46. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 5 i4 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 47. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Miles Street): Right turn in and out and left turn in movements are permitted. Left turn out movements are prohibited. 48. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 49. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 50. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 51. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 52. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 53. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 54. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. PAReports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 NOTE: Plans are not approved for construction until signed by the City Engineer. 55. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 56. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 57. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 58. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 59. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 60. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 61. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 62. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, accesg 556 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 drives, and sidewalks. FEES AND DEPOSITS 63. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 64. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 65. Approved super fire hydrants (6"x4"x2-2 '/2 "), shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. 66. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations 67. The water mains shall be capable of providing a potential fire flow of 2500 gpm and the actual fire flow from any two adjacent hydrants shall be 1500 gpm for a 2-hour duration at 20-psi residual operating pressure. 68. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 69. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. 70. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway curb and shall open to allow a vehicle to stop without obstructing traffic on the road. Minimum access road width is 20 feet clear, except where there is a median (length 66 feet max., width 6 feet max). There are a total of three medians where a reduced road access width occurs over a distance of no more than 66 feet. An unobstructed vertical clearance of 13 %2 feet must be maintained on all access 557 P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 roads for a width of 20 feet and the entire width of the reduced access road where medians occur. 71. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 72. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 73. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 74. Fire Department street access shall come to within 150 feet of all portions of the 1 st. floor of all buildings, by path of exterior travel. Turning radiuses shall be no less than 38 feet outside. 75. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 76. Install a KNOX key box on each common building. (Contact the fire department for an application). 77. Install portable fire extinguishers as required by the California Fire Code. 78. Any submissions to the fire department are the responsibility of the applicant. SHERIFF DEPARTMENT 79. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding O the Sheriff's Department should be directed to the Deputy at (760) 863-895 .;�$ P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc City Council Resolution 2005-_ Conditions of Approval — Recommended Site Development Permit 2005-826 Adopted: June 21, 2005 PLANNING COMMISSION 80. Final location and design of the trash enclosures shall be approved by the Community Development Director. 81. The landscape plan shall reduce the dependence on Crape Myrtle trees. 82. The retention basin design shall incorporate a transition from the existing turf basin to a more drought tolerant basin. 83. Eliminate the Evergreen Elms from the plant palette and substitute another tree such as a non -flowering Olive tree. 84. At the driveway entrance, provide decorative textured paving, such as a paving stones or stamped concrete. 85. Increase the size of the support beam of the shade structures and provide a "heavier" appearance. 86. At the north end of the property, provide a gated access from the project into the City Park. 87. The basketball court shall be moved to the south 15 feet from the property line. 88. Add windows to the east, and possibly west elevation of proposed Elevation No. 2, to be approved by the Community Development Director. P:\Reports - CC\2005\6-21-05\VDMHP\CC COA SDP 2005-826.doc ATTACHMENT ##1 CD PROJECT LOCATION U) N PROJECT LOCATION MAP 560 ATTACHMENT #2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta ity Hall 78-495 Calle Tampico, La Quinta CA June 14, 2005 / 7:00 P.M. B. Present: Commissioners EcjVAld3�n, Rick Daniels, Kay Ladner, Paul Quill 104, Z i e Change 2005-124, and Site Development Permit 2UUb-bZb; a request of the City of La Quinta Redevelopment Agency for certification of a Mitigated Negative Declaration of environmental impact, change to the General Plan Land Use and Zoning designation from Low Density Residential to Medium Density Residential, and approval of an 80-unit multi -family residential project, located west of Adams Street, on the north side of Miles Avenue. r 5� G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 1 . Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented the information contained in the staff report. Staff introduced Frank Spevacek and Jon McMillen of RSG, who elaborated on the project and introduced the rest of the design team. 4. Qommiss i e Quill ash the size of the living space of the units. ;appen ,;the large Oak tree next to the retaining iff stated that will be resolved in the final design stages. McMillen, RSG, stated the church did want to leave it Gee „beginning. Now it is dying and they are going to t ,locate a storage facility in this location. Ms. Robin gave the dimension of the units. ioner Alderson asked if each unit had their own storage Vettraino stated there is one per tenant. i Kirk asked about the blank walls facing the internal streets on Plan 2; were popouts or some other type of architectural treatment considered. Ms. Vettraino explained the pedestrian traffic is directed to the paseo walkway between the units to keep the drive aisle as simple as possible. Chairman Kirk asked about having windows face the drive aisle. Ms. Vettraino explained the landscaping with larger trees to break the exterior unit wall and give relief. This would create a pattern to keep it simple. 562 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 7. Commissioner Ladner asked where this style came from. Ms. Vettraino stated the design team originated from San Diego. The idea was to create a simple, clean design for the least amount of maintenance. Chairman Kirk asked if there was any other public comment. Mr. Jim, Sherman, 78-825 Nolan Circle asked about the current retention wall as it has been compromised and caused numerous problems. Also, he would strongly urge the development be open to the City park. He asked if the RDA will own the project and who will run it. Staff stated the Agency will build it, then sell it to a non-profit agency specializing in affordable housing. The Agency will set the criteria as to how it is run and selection of the tenants. Mr. Sherman asked if there was a criteria set up to monitor the number of tenants in each unit. Staff clarified the number of people in each unit would be predetermined and overseen by the management company. You can have restrictions, but there are J 63 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 laws against discrimination, so the Agency will need to well define the criteria. Assistant City Attorney Michael Houston stated you can have pure numerical restrictions, but there are certain discrimination laws that apply. Mr. Sherman asked when they anticipate the Park being closed. Mr. Spevacek stated it is anticipated to have the Park closed by the end of the year. In regard to merging the two retention basins it is due to the CVWD irrigation requirements. In regard to thjasM �to the City park, it was designed to keep it open, buon the Sheriff's Department comments, the access"dosed. 12. There being no further public comment, fie.""public participation portion of the hearing was dosed and ope� for Commission discussion. 13. Commissioner Alderson cammendepfhe use of solar'panels and stated he liked the architecture 16. Commissioner Daniels stated he too believes the tenants should. have access to the City park. There is a potential of having 96 children in this development. This should off -set any concerns raised by the Sheriff's Department. He would suggest the basketball court be moved no closer than 15 feet from the front property line. This will also give a larger picnic area. 11 564 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 17. Chairman Kirk stated he too strongly agrees the connection between the City park and this development should be open. The Date Palm trees should be kept; he agrees with Commissioner Daniels comments on the basketball. In regard to the architecture, he likes that it is different, but it still is not appealing. Besides all the paseo and courtyard area, the streetscape still needs some architecture detail added. The site dQgn is well done and sensitive to the neighboring community�� 18. Commissioner Ladner stated she ba#_fib'V his architecture is much less than what was turned down at the laX .meeting. 19. Commissioner Quill state'it is a contemporary design and computer generated pictulr bs do not always do justice. 20. Commissioner Alderson statht to introduce a window on the streetscape would put a win' -in the living room and dining room and he wuid believe thisould be advantageous to the 10 home. Mr. Speuacekc ted they tnot want the windows to reduce heat load -and air caditioning casts. 21. It was moved and se "F red by Commissioners Daniels/Quill to adopt Planning Comrnj0ion Resolution 2005-020 recommending certificatiort'of,.a Mitigated Negative Declaration of environmental 2 , irmoact f t' .--Lnviron " ntal Assessment 2005-544, as "ES:Commissioners Alderson, Daniels, Ladner, Quill and airman Kirk. NOES: None. ABSENT: None. ABSTAIN: ne. oved and seconded by Commissioners Quill/Daniels to nning Commission Resolution 2005-021 recommending :)f General Plan Amendment 2005-104, as recommended: a. Change the zoning from Medium Density to Medium High Density. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 565 G:\WPDOCS\PC Minutes\6-14-05.doc Planning Commission Minutes June 14, 2005 23. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-022 recommending approval of Zone Change 2005-124, as amended a. Change the zoning from Medium Density to Medium High Density. ROLL CALL: AYES: Commissioners Alderson, Da,els, Ladner, Quill and Chairman Kirk. NOES: None. AB1=NT: None. ABSTAIN: None. 24. It was moved and seconded by C©mmissiners Quill/Alderson to adopt Planning Commisslon,,Resolution 2005'�023 recommending approval of Site DevelopT Permit 2005-826, as recommended and amended: a. Add Condition: An open c9 City parr at the north end,' b. Condltio ;#81: Delete refe C. Condition, -added: The bas ion shall be provided to the e to the date palm trees. all court shall be moved to En ' onme - I Assessment 2005-536, Zone Change 2005-123, and Tenta 've Tit Map 31434; a request of Monroe Dates for consideration of a req ,t t certify a Mitigated Negative Declaration of environmental impact, a one Change from Low Density/Agriculture-Equestrian Residential to%at sity Residential, and the subdivision of 28.7 + acres into 118 mily lots for the property located on the west side of Monroe Strenue 61. 1. Chairman Kirk opened the ublic hearing and asked for the staff report. Principal Planner Sta Sawa presented the information contained in the staff report a c6Rof which is on file in the Community Development Department. 566 G:\WPDOCS\PC Minutes\6-14-05.doc TWYI 4 4 Q" MEMORANDUM TO: Honorable Mayor Don Adolph and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: June 21, 2005 RE: Replacement Items for June 21, 2005 City Council Agenda Please find attached the following: 1. Replacement staff report for City Council Public Hearing Item No. 2; and 2. Replacement of Page 19-20 (last page) in City Council Consent Item No. 8. Thank you. oTWT4 SC4P o ti5 F OPT9 COUNCIL/RDA MEETING DATE: June 21, 2005 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance to: 1) Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2005-544; 2 & 3) Change the General Plan Land Use (GPA 05- 104 and Zoning Designation (ZC 05-124) From Low Density Residential to Medium High Density Residential; and 4) Approve an 80-Unit Multi - Family Residential Project (SDP 05-826) Located West of Adams Street, on the North Side of Miles Avenue Applicant: City of La Quinta Redevelopment Agency RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Z Open the Public Hearing and continue it to July 5, 2005. FISCAL IMPLICATIONS: The City of La Quinta Redevelopment Agency (RDA) is the applicant and has budgeted funds to construct this project. CHARTER CITY IMPLICATIONS: 10159 BACKGROUND AND OVERVIEW: Staff is requesting a continuance of this item to allow time to notify the residents of the Vista Dunes Mobile Home Park that a change in use will be considered by the City Council. Based on the State Law -Mobile Home Residency Law we are required to notify the residents 15 days prior to the hearing. Staff has delivered the notice along with the Amended Relocation Plan and Annual Updated Survey, which addresses the impacts relating to this change in use, the Hearing Notice, and a copy of the staff report. P:\Reoorts - CC\2005\6-21-05\VDMHP\CC rot. Vista Dunes Courtvard Homes.doc FINDINGS AND ALTERNATIVES: 1. Open the Public Hearing and continue it to July 5, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager 5f9 2 P:\Reports - CC\2005\6-21-05\VDMHP\CC rot. Vista Dunes Courtvard Homes.doc COUNCIL/RDA MEETING DATE: June 21, 2005 9kUUT' "ng to Consider Approval of the Final 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: 13 Approve the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park relocation activities. FISCAL IMPACT: None. BACKGROUND AND OVERVIEW: On May 3, 2005 the City Council conducted a public hearing on the Amended Relocation Plan and Annual Survey Update for the relocation activities at the Vista Dunes Mobile Home Park and authorized City staff to circulate the Amended Relocation Plan and Annual Survey Update for public review and comment. Subsequent to this public hearing, the Amended Relocation Plan and Annual Survey Update was circulated to Park residents, the greater community, applicable local housing agencies and the California Rural Legal Assistance, Inc. (CRLA) for a 30- day review and comment period. The only comments received to date were from CRLA on behalf of Jose De La Pena, Brenda Diehl and CRLA; Mr. Pena and Ms. Diehl are Park residents. The Amended Relocation Plan and Annual Survey (Attachment 1), the June 2, 2005 CRLA correspondence (Attachment 2), and the response to the CRLA comments, prepared by Agency staff, legal counsel and the Agency's relocation consultant (Attachment 3), accompany this report. The next step entails City Council final review and adoption of the Amended Plan, the submitted comments and their respective responses. Once approved, the Amended Relocation Plan will guide the relocation activities involving the eight remaining households with which the Agency has not achieved relocation settlements. In May 2004, the La Quinta Redevelopment Agency acquired the Vista Dunes Mobile Home Park in order to redevelop the property with new single-family dwellings that would be affordable to very low-income family households. The S:\CityMgr\STAFF REPORTS ONLY\PH 2 Relocatoin Plan.doc r70 dwellings will be leased at affordable rents to said households for 55 years. The Agency needed to relocate the existing Park residents in order to redevelop the Park. Given this displacement, the Agency adopted a Relocation Plan pursuant to the California Community Redevelopment Law and the California Relocation and Real Property Acquisition Guidelines. The initial Relocation Plan was adopted on May 4, 2004. Since the relocation effort has taken longer than a year to complete, State regulations require the Agency to annually update the Relocation Plan. Prior to this update, 72 of the 92 households completed the relocation process pursuant to the May 2004 Relocation Plan. Additionally, since May 2004, the Agency has achieved relocation settlements with 84 of the 92 Park households (12 of these 84 households were in escrow immediately prior to and during preparation of the Amended Plan Update and are reviewed as part of the Amended Plan Update); negotiations are continuing with the remaining eight households. Seventy-eight households have moved from the Park leaving 14 occupied mobile home units. Of the 78 households that have moved, 35 purchased single-family homes, 31 purchased mobile homes, four elected to rent versus purchase homes, and eight chose to accept all inclusive settlements without indicating where they .were moving. The remaining six households who have accepted the Agency's relocation settlements are awaiting close of escrow on single-family or mobile home dwellings. It is anticipated that escrow will close for these six households on or before the end of July. HCD Regulations require the Agency to 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 eight remaining Park residents that have not yet accepted relocation offers and the 12 Park residents that had accepted relocation offers, but had not yet closed escrow at the time of the amended plan's preparation, 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 31 available mobile home units and two 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. In fact, one resident that had indicated a desire to rent in La Quinta is now in escrow to purchase a single-family residence under the silent second 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 S:\CityMgr\STAFF REPORTS ONLY\PH 2 Relocatoin Plan.doc J 71 preparation. Therefore, this amended document does not diminish or otherwise reduce any benefits or program characteristics previously approved by the City Council. The CRLA letter made numerous comments, but mainly focused on identifying alleged failures to adequately identify the relocation needs and relocation resources of the eight remaining households, and to monitor the relocation activities of the eight households who accepted all inclusive settlements and did not indicate to where they were moving. Further, the CRLA comments also alleged other deficiencies in the Amended Relocation Plan related to data sources, methodology, and consistency with the City's Housing Element. A response to these comments was prepared by OPC, Agency legal counsel and RSG and is attached to this report. In summary, the Response to these comments concludes that the Amended Relocation Plan properly assessed the relocation needs of remaining Park residents and adequately surveyed an area with comparable locational characteristics to the Park to identify comparable replacement resources. It should be noted that in many instances, the CRLA's comments state that certain resources are insufficient but the comments do not identify how the resources are insufficient or specify which Park residents are purportedly unable to have their preferences met. The California Relocation Assistance Act and the HCD guidelines require that locational characteristics and individual preferences should be considered. As a result, the relocation resources cover a similar range of locational characteristics to the Park but also provide resources that provide options for individual preferences as well. For instance, some Park residents may desire to be closer to hospitals and medical services rather than parks and elementary schools. Conversely, other Park residents may desire to be in close proximity to parks or public schools but may not place a high priority on proximity to municipal services. As a result, the survey area not only focused on similar locational characteristics, but was tailored to identify comparable replacement units that would give options to Park residents based on their individualized preferences. The Response also provides analysis of the comments relating to data, survey method and consistency with the Housing Element and concludes that the Amended Plan substantially complies with the legal requirements. Unless the Council determines otherwise, there is no need to substantively revise the Amended Plan, as the Plan, as drafted, contains the items that are legally required and the Response adequately responds to the CRLA's comments. As a result, staff recommends the Council proceed with approval. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park relocation activities; or S:\CityMgr\STAFF REPORTS ONLY\PH 2 Relocatoin Plan.doc J702) 2. Do not approve the Amended Relocation Plan and Annual Survey Update for the Vista Dunes Mobile Home Park relocation activities; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R a n s Community Development Director Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Amended Relocation Plan and Annual Survey 2. June 2, 2005 CRLA correspondence 3. Response to the CRLA comments r 573 S:\CityMgr\STAFF REPORTS ONLY\PH 2 Relocatoin Plan.doc ATTACHMENT #1 Amended Relocation Plan And Annual Survey Update for the VISTA DUNES MOBILE PARK PROJECT Prepared For THE LA QUINTA REDEVELOPMENT AGENCY JUNE 2122005 By Overland, Pacific & Cutler, Inc. 41555 Cook Street, Suite 260 Palm Desert, CA 92260 Phone: (760) 776-1238 WWW.OPCSERVICES.COM 574 2156/015610-0080 574348.68 a04I27/05 TABLE OF CONTENTS Page 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.................................................................................... B. RELOCATION ASSISTANCE ADVISORY PROGRAM...............................23 C. RELOCATION BENEFITS...............................................................................25 1. Residential Moving Expense Payments...................................................26 575 2156/015610-0080 574348.08 a04/27/05 Page Move) a. Actual Cost (Professional ................................................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 t0 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 5'7 6 2156/015610-0080 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 ............................................ I I Table 8: Available For -Sale Mobile Home Units................................................................................13 Table 9: 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 EXHIBIT A: Residential Interview Form EXHIBIT B: Informational Statement for Families and Individuals EXHIBIT C: Lawful Presence Certification EXHIBIT D: Grievance Procedures LIST OF ATTACHMENTS ATTACHMENT 1: Resource Survey ATTACHMENT 2: ATTACHMENT 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 Quints on 2005 The attached Agenda incorporates comments to the Plan and the responses. 5'7 7 2156/015610-0080 574348.08 a04/27105 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. r D 78 2156/015610-0080 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) 579 2156/015610-0080 574348.08 a04/27/05 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 `J J 574348.08 a04/27/05 �1 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 Q 574348.08 a04/27/05 V 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 5132 2156/015610-0080 574349.08 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. 583 2156/015610-0080 574348.08 a04/27/05 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'. 584 2156/015610-0080 574348.08 a04/27/05 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. 53" 2156/015610-0080 574348.08 a0V27/05 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 minimum, 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 be eligible 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. �; abl �, � ,Curren ousin ize a la' � emeri sin e Qenan �'Y 'r4Y''su lumber of ti� s Bedrooma� Escrow Qwners-�„ 1 (1) 2 6 (5)* 6 (7) 3 (4) 1 (1) i;cuants': (1 * enan�� ) C?ccu t ants 1 See P. 15 for complete definition of Comparable Replacement Dwelling. 586 2156/015610-0080 574348.08 a04/27/05 * 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. 587 2156/015610-0080 574348.08 a04/27/05 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 1 - - - 1 - - - - 2 - - 1 3 - 1 2 - 1 3 1 2 4 1 2 1 1 - - 4 1- I 1 I- I - I_ - I- I - AM 2156/015610-0080 574348.08 a04/27/05 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 589 2156/015610-0080 574348.08 a04/27/05 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, 590 2156/015610-0080 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. TV yak ® " k 377' k �� 4 { t ➢'k 1 ; -� IR l S Yy 77 6 { 2 ns. ✓�®®gypp 'u N-_ Coachella , City DesertCathedral 1 Springs ©■ Thousand Palms Bermuda Dunes • - Areas ■ -� Outside * 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 591 2156/015610-0080 574348.08 a04/27/05 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 5 97 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,E 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 593 574348.08 a04/27/05 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. abl, `8` x vailable ' r S 'erN.Jobil t ! Needed Identified; Pr1ce Range Medla► Price Bedroom 1 p 2 $14,000 - $35,000 $24,500 2 1 17 $11,000 - $49,900 $43,500 3 7 14 $31,000 - $62,000 $59,450 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 594 574348.08 a04/27/05 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. 595' 2156/015610-0080 574348.08 a04/27/05 U-7-1 0 2 $1000-1200 $1100 3 -1-77T 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 C1 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. 596 2156/015610-0080 574348.08 a04/27/05 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 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 597 574348.08 a04/27/05 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 598 2156/0156ID-0080 574348.08 a04/27/05 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 V.F 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 VIII 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. 599 2156/015610-0080 574348.08 a04/27/05 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 for both advisory and financial assistance. Determinations as to eligibility for assistance and 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, 760-776-1238, 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. 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; co 0 0 2156/015610-0080 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 make 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: 601 2156/015610-0080 574348.08 a04/27/05 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. 6(_'k2 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. '� nfiarrushed wel ink° One room $575 Two rooms $750 Three rooms $925 Four rooms $1,100 Five rooms $1,325 Six rooms $1,550 Seven rooms $1,775 6 LE 3 2156/015610-0080 574348.08 a04/27/05 2. Eight rooms $2,000 each additional room $200 y g0V Y a Famished 7welling First Room $375 Each additional room $60 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: 1. Old Rent 1 $430 ( Old Rent, plus Utility Allowance or, 2. Ability to Pay I $445 I 30% of the Gross Household Income* 3. Lesser of lines 1 or 2 I $430 Subtracted From: 4. Actual New Rent I $575 I Actual New Rent including Utility Allowance or, G04 2156/015610-0080 574348.08 a04/27/05 5. Comparable Rent $550 Includes Utility Allowance 6. Lesser of lines 4 or 5 $550 7 Ye1d�s Monthly Need $105 Subtract line 3 from line 6 µ WIPER W§`S`IstaiceT $4,410 Multiply line 7 by 42 months 11-0 * 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, as doted 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. 6- 05 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 ralrA.gtinnc_ 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 606 2156/015610-0080 574348.08 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: 607 2156/015610-0080 574348.08 a04/27/05 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. 6v8 2156/015610-0080 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 TINIING 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 �. 6t►9 2156/015610-0080 574348.08 WV27/05 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 616 2156/015610-0080 574348.08 a04/27/05 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. 2156/015610-0080 1. 611 574348.08 a04/27/05 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 I 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 574348.08 a04/27/05 EXHIBIT A: RESIDENTIAL INTERVIEW FORM. 2156/015610-0080 613 574348.08a04/27/05 OVERLAND, PACIFIC & CUTLER, INC.- RESIDENTIAL INTERVIEW FORM CASE ID: - - - PROJECT: AGENCY: OCCUPANT INFORMATION: Claimant(s): Space #: Home Phone: C_) - Work Phone: C.-) - CONSULTANT: DWELLING: MAJOR EVENTS: Park Move -in Date: Number of Bedrooms: Unit Move -in Date: Number of Bathrooms: First Offer. MOBILE HOME: Initial Interview: Size: ft X. ft Year: UTILITIES PAID BY: Model: Gas: ❑ Tenant ❑ Owner Pad Rent: $ Electric: ❑ Tenant ❑ Owner Tenant Monthly Rent $ Water: ❑ Tenaht ❑ Owner Social Sec. #: - - 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: 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: Ownership/Tenant Preference: ..�..�..,.. i..nr c rnw nw rc cLJCCTQ GAR Q01 IT CdSFS1 NAME (FIRST, LAST) vvnu SEX vv.. AGE - MONTHLY INCOME - -- - Name of Company, Location & Occupation & Special Factors M F $ 2 M F $ 3 M F $ 4 M F $ 5 M F $ Income from other sources: NOTES 2156/015610-0080 614 574348.08 a04/27/05 EXHIBIT B: INFORMATION STATEMENT FOR FAMILIES AND INDIVIDUALS 2156/015610-0080 574348.08 a04/27/05 INFORMATIONAL STATEMENT FOR FAMILIES AND INDIVIDUALS I. GENERAL INFORMATION II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING III. MOVING BENEFITS IV. REPLACEMENT HOUSING PAYMENT TENANTS AND CERTAIN OTHERS V. REPLACEMENT HOUSING PAYMENT HOMEOWNERS VI. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS VII. LAST RESORT HOUSING ASSISTANCE VIII. RENTAL AGREEMENT; EVICTION IX. APPEAL PROCEDURES - GRIEVANCE X. TAX STATUS OF RELOCATION BENEFITS XI. 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 ib 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. 2156/015610-0080 574348.08 a04/27/05 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 required, 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 I 617 574348.08 a04127/05 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 payment. 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 MKIM1.41 2156/015610-0080 574348.08 a04/27/05 3 rooms $925.00 4 rooms $1,100.00 5 rooms $1,325.00 6 rooms $1,550.00 7 rooms $1,775.00 8 rooms $2,000.00 reach 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. 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 574348.08 a04/27/05 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 fmance 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 6,10 21561015610-0080 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; 69 2156/015610-0080 574348.08 a04/27/05 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 1 l(commencing with Section 23001) 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 minimize 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, 64.ti 21561015610-0080 574348.08 a04/27/05 (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: bttp://www.hud.gov/offices/fbeo/FHLaws/FairHousingJan2OO2.pdt 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 6r 2156/015610-0080 574348.08 a04/27/05 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. 624 21561015610-0080 574348.08 a04/27/05 XIII. DIAGRAMATIC SKETCH OF THE PROJECT AREA 625 2156/015610-0080 574348.08 a04/27/05 EXHIBIT C: LAWFUL PRESENCE CERTIFICATION 6 2) 2156/015610-0080 574348.08 a04/27/05 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 this 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. Tl T A0..1,-- to Tv^xr; I- brie infnrmntinn L. 1 ll\+t+llilli w a v Name Age Status Signature 1 Head of Household A B C D A B C D r32 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. 627 2156/015610-0080 574348.08 a04/27/05 EXHIBIT D: GRIEVANCE PROCEDURES 628 2156/015610-0080 574348.08 a04/27/05 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; 629 2156/015610-0080 574348.08 a04/27/05 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 (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 631 2156/015610-0080 574348.08 a04/27/05 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. I. 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 California Government 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 574348.08 a04/27/05 ATTACHMENTS 633 2156/015610-0080 574348.08 a04/27/05 ATTACHMENT 1: 1 Rancho Mirage Mobile Home Community RM 119 Del Mar $49,000.00 $495.00 2 1972 Dbi 2 Rancho Mirage Mobile Home Community RM 259 Saratoga $11,000.00 $495.00 2 1977 sgl 3 Rancho Mirage Mobile Home Community RM 28 Golden State $34,500.00 $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 $85,000.00 $495.00 2 1978 Dbl 6 Rancho Mirage Mobile Home Community RM 39 $37,000.00 $495.00 2 1977 Dbl 7 Rancho Mirage Mobile Home Community RM 200 Golden State $39,500.00 $495.00 3 1971 Dbi 8 Rancho Mirage Mobile Home Community RM 37 $47,000.00 $495.00 3 1985 Dbi 9 Rancho Mirage Mobile Home Community RM 32 $66,000.00 $495.00 4 2000 Dbi 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 Sgi. 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 Dbi 15 Palm Canyon Mobile Club PS 322 Lei Dr. $45,000.00 $450.00 2 Dbl 16 Palm Canyon Mobile Club PS 330 Lei Dr. $49,500.00 $450.00 2 1981 Dbl 17 Palm Canyon Mobile Club PS 801 Hila Lane $39,900.00 $450.00 2 1969 Dbi 18 Palm Canyon Mobile Club PS 803 Hila Lane $39,900.00 $450.00 2 1969 Dbi 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 $450.00 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 $34,600.00 $425.00 2 1978 Dbl 1. 21561015610-0080 574348.08 a04/27/05 ME 25 Western Village Ranch PS # 70 $39,900.00 $425.00 3 1972 Dbl 26 Western Village Ranch PS # 72 $35,000.00 $426.00 3 1970 Dbl 27 Western Village Ranch PS # 82 $45,000.00 $425.00 3 1973 Dbl 28 Portola Palms PD 126 $35,000.00 $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 $38,500.00 $420.00 2 1978 Sgl 32 Portola Palms PD 72 $30,000.00 $420.00 2 1979 Dbl 33 Portola Palms PD 62 $24,900.00 $420.00 2 1975 Sgi 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 sgi 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 Spun: PD 20 Ocotill Ln $39,600.00 $525.00 3 1971 Dbi 39 Silver Spurr PD 9 Cholla $79,900.00 $525.00 3 2004 Dbl 40 Silver Spurr PD $69,000.00 $525.00 3 Dbl 41 Silver Spurr PD 6 Bar "D" $89,900.00 $525.00 4 2004 Dbi 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 Sgl 46 Las Palmas de La Quinta Ind 173 $25,000.00 $450.00 2 1975 Sgl 47 Las Palmas de La Quinta Ind 190 $59,000.00 $450.00 2 2001 Sgl 48 Las Palmas de La Quinta Ind 36 $43,500.00 $450.00 2 1979 Dbl 49 Las Palmas de La Quinta Ind 6 $16,500.00 $450.00 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 Dbi 52 Las Palmas de La Quinta Ind 141 $65,500.00 $460.00 3 Dbi 635 2156/015610-0080 574348.08 a04/27/05 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 ON 55 Las Palmas de La Quinta Ind 240 $68,500.00 $450.00 3 1997 ON 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 $450.00 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 $350 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 $304.00 3 2005 Dbl SINGLE FAMILY HOME RENTALS- RESOURCE SURVEY i, 80-460 Ave 43 Indio 1000 3 773/26/05 6105 53-345 Avenida Alvarado La Quinta 1200 3 3/24/05 51755 Avenida Herrera La Quints 1200 2 636 2156/015610-0080 574348.08 a04/27/05 C 0 0 0 C a2 ) am M. 0L •.°2L 9 NL o a a).°e N Q3cnU cca LL =LL LL NU N C C C N O Q) 4) p C U N w N c C O O U a) p t N rn t U m w y U)Yg ° N> E m c dU a� d a) (WA O c� Eg y aTi �U'0U o 0� m — `ot y c'Z cow V Lu C'EC� 'C O to a U C; ia to fa N N O O 2 EL)Q0U)iA0 C c N o U=, o o U C y E U C NL c M to N U d o° o U a) L U 'O le 0 N N a) c �op m HcU Z � N a.a) N ) paca M° .0Na)�m> tm :Ea)o mecUo o N C L= c V MOM > N c Z m V 0 o EU) mU u� co Zt L O O y (gyp C L O O cc a)m Oa)O w()a)a)No LO mcn0cia0 2Lo a0cn�JU o `O U) N ca N 0 t! 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Z `•'%� � A � ',�� TTT Alt /� I \ti �' _____� OR of ZLU rl f Sr ui y Q Z O � 3 9 CLU g� Uas Q cu 2 ^u^\ 'L V/ cm Q U c ae 640 c$m U U®s a m 2 Cl) L ^m I.L a) cn a) 0 E LO it m m N C W ®t Uy L �N E� 41 0 $U A 0 oy A a N 2 N a C �L `Q VJ 0 AA W 0 M. 06/02/05 MU 10:10 FAX 760 398 1050 CRLA COACHEUA ATTACHMENT #2 IPA 51,0 R L A CALIFORNIA R URAL LEGAL ASSla I A V 1 nC. MIGRANT AUMWORKER PROJECT, Coachella Regional Office P.O. Box 35 1460 Sixth 5troct Coachella, California 9223"35 Telephoric (760) 398-7261 Fax: (760) 398-1050 E-Mml al om Cristins Guerrero nir.aac� ��•q . Arturo Rodriguez t' aK Rita Iudvwos-Cutro si�.+i1...� 11•aw: ReadrtC.cmh oR Emanuel V. Ben1w Ciiurmrij pirac II.h(m7: bbenke��erla oz Loren Mardna Co—W."ey Maeiff U-Mml• L MhISSgg la WIC CalmedIapcx4Wriguex srutx rrofe"era--i—m CENTRAL OFFICE 631 1lward SUM. Suha sod SPa Frana6no. CA 94105 Tdq hma: (415) 7TP27n Fina (41A W-;= a -Ma heao97wMAIMOL 5 World Wide wak W— em we Jog JL raa1a LA C. Jarman a*Wurnew Rath S-d w Abed Gas" Camef (l9i1•!)97f wi0em G.1leera�Y Cleahia wan 4-u4*dm Adre at r.1 oft OMER REGIONAL OFFICES wain (661) 9544M Delaio 0" 725-43M El Ccmro (7M JS34= 1aewa (359) 441. =1 CAtt)e17a-s671 � UNFINNO (530) 740-5191 M04cm (I" M-3111 Mandate (131) 375mM NOR" (760) %"311 Oxnard (w3) mfi-lo6a Oxnard(k,4 (24 amw Paco Raw (801) 139 3701 Sarum (931) 7$7.5',1' 1 San Lai+ ow" (005) SM-7097 Sadie 9lardaa (105) 963-S991 Sam Crum (971) 4e-1oa9 Sala Mark (205) 022-AS63 Spin Ran (707) =-"41 $ (209) 046-0 05 MamOaVlaa (931) 72a-2233 III LSC June 2, 2005 Via Facsimile Transmission and 1" Class U.S. Mail (760) 777-7107 June S. Creek City Clerk, City of 1A Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 RE: Comments on Amended Relocation Plan — Vista Dunes Dear Ms. Creek: Enclosed please find our comments submitted this day on the draft Vista Dunes Amended Relocation Plan. Please include our comments in the joint City Council/Redevelopment Agency meeting scheduled for June 21, 2005 for consideration of the Amended Relocation Plan Should you have any questions regarding this matter, please do not hesitate to call. Sincerely, o 'guez Attorn t La enclosure as stated 6414 06/02/05 THU 10:11 FAX 760 398 1050 CRLA COACHELLA Q003 CALIFORNIA RURAL LLGAaL ASSISTANCE, Inc. MIGRANT FARMWORKM PROJECT, Coachella Regional Office June 2, 2005 P.O. Box 35 1460 Sixth Street Coacbella, California 92236-0035 Via Facsimile Transmissi0ri and First Class U.S Mall Telephonc: (760) 398-7261 (760) 777-1233 Fax: (760) 398-1050 s-Maa: cowhe Mr. Frank Spevacek crisana o" O City of La Quints DireeWg Altbr9y/ c/o Community Development Department Arturo Rodriguez 78-495 Calle Tampico fl-MoO: Am,AnaucOlcrb.eri La Quinta, CA 92253 Rita Lu&f=w-Cacao SMO""""Q fi-Mm1: Ren��rl.orr RE: Comments to May 3, 2005 Draft Vista Dunes Amended Relocation Emmuclv.Benita Assistance Plan on behalf of Jose De Ten Pena, Brenda. Diehl, and �..r..a� "' S-Mul 6Denae+ir�M n►a California Rural Legal Assistance, Inc Loren Mardr= ro-ORI AWW.rb ¢.Mnrt lmimincdakrh. Dear Mr. Spevaeek: Cum=>apn-Rodsia= Adlunu ftfi a regal SWft*N7 fl-Neil: r 9�c.k.1� °'a We submit the following conunents on behalf of our Vista Dunes residents, Jose De La Pena, Brenda Diehl, their families, and on behalf of the lower income CENTMZ OFFICE 631 Np1M0rd Screm. sake 3M community that served by CRLA. We appreciate the Agency's attempt to update San Prrdsm, CA 94 105 7ekp(w� (' :'s' and amend the Vista Dunes Relocation Assistance Plan as required b state law. Q Y -2112 t;� (a1�3�3..s75: WM.r7: "00°"°f Unfortunately, the Amended Relocation Assistance Plan (ARAP), like the original Worc waldwkln Wnb W. ara, 1oieR to" Plan adopted in May 2004, falls far short of the Agency's relocation assistance 6a rrllw iOa+~ Lvitc JOU.1n obligations as set forth in Govt. C. 7260 et se 25 C.C.R. §6000 et seq., and g § 9�� Health & Safety Code § § 33411 et seq. Among other reasons, the Plan is deficient Gmenar COW" (193� /P➢� in the following respects: VvlOipw G• AoerSQ Here L ImaL. Craig RjM �. THE ANALYSIS OF RELOCATION NEEDS OF THE PARK j,�n,,,e7h,,n,,Q Mra*rwRESIDENTS DOES NOT COMPLY WITH 25 C.C-R. §§ 6038(b)(3) OTHER REGIONAL OFFICES and 6048. Arvin (661) 8545M Delano (Ya5)7_S450 fll cbdfo �„a (760) 3534M (5M441-9721 A relocation assistance plan and annual update must include a written Gam1 `( ) ��-5'71 analysis, pursuant to 25 C.C.R. §6048, of the relocation needs of all persons to be l (2M "7 3811 displaced, and a detailed explanation as to how these needs are to be met. 25 Mo,,,eny (831)373-0503 C.C.R. §6038(b)(3). The information to be obtained from the residents includes: o�(eak) (os .A13.100V income, whether the person is elderly or disabled, family size, age of children, Palo KOW A Sari, (105) M9.3704 (131) 757-W2 location of job and factors limiting accessibility, area of preferred location, type of s.n Lob OWPO Sa man- (505) SM-7997 pas) %3-3981 unit preferred, ownership or tenant preference, need for social and public services, SMI.Crr¢ S.nia wk (031)458.1099 (105) 9=-003 special schools and other services, eligibility for publicly assisted housing, and with $AMR= Suwkmo . C7071SX4."6I c±o9> 94&MS reference to the present dwelling, the rent, the type and quality of construction, the W#16"v°'e (131)nA-2,s, number of rooms and bedrooms, the amount of habitable living space, and locational factors including, among others, public utilities, public and commercial uii � facilities (including transportation and schools), neighborhood conditions (includinf, el 5 06/02/05 THU 10:11 FAX 760 398_1050 CRLA COACHELLA 9 004 Letter to Frank Spevacek Jane 2, 2005 municipal services), and other matters that concern a household faced with relocation. 25 C.C.iL § 6048. A. The ARAP fails to analyze the needs of all persons that have been or will be displaced. The ARAP partially analyzes the needs of 20 households "presently residing at the Park" in terms of household size, unit size, housing tenure (ownership versus rental), income levels, and the like. ARAP at 12-19. However, the Agency acknowledges that eight (8) households moved from the Park without locating a comparable replacement unit. ARAP 20-22. The housing needs analysis contains no analysis of their housing needs, indicating only that those households may advise the Agency in the future of their `final destination'. ARAP at 21-22. The analysis of housing needs must be sufficiently detailed to enable determination of the availability of replacement housing for all potential displacees (25 C.C.R. § 6048) which includes the 8 households that moved without locating a comparable replacement unit. Deferring a survey and analysis of the housing needs of the 8 households that moved without a replacement unit prevents a meaningful determination as to whether adequate housing resources are available to assist all displaced persons and whether adequate funds are available to provide the full measure of relocation assistance and benefits needed. 19. The ARAP fails to identify or analyze all information required by 25 C.C.R. §6048. The relocation needs analysis must be based on an interview of all eligible persons to obtain specific information upon which to plan to meet their housing needs, as well as counseling and assistance needs. 25 C.C.R. § 6048(c). The scope and methodology, including the interview form attached as Exhibit A to the ARAP, indicate that the updated survey sought most of the information required by § 6048(c) from 20 Park residents. However, the Plan fails to identify and analyze all information reported in those survey responses. Certain critical factors such as family size, gender, and age ofhousehold members, was apparently sought (see Exhibit A), but the responses are not fully reported or analyzed in the Plan. These factors are critical in evaluating the sufficiency of the Plan. Family composition and gender issues, for example, should be evaluated in determining the number ofbedrooms needed by a family. The ages of each family's household members should be reported in the Plan to better evaluate the school needs of minors and young adults. The size of each family should be measured against actual household income to better evaluate the type of housing resources available to the family (e.g., owner versus rental or single family home versus mobile home), the amount of replacement housing payments that will be needed per family, and to better estimate the total budget needed. Without that information, the legislative body cannot determine that sufficient funds are and will be available to address all needs. C. The Agency failed to adequately update the Agency's survey of housing needs. In addition to failing to plan forrelocation assistance for the 8 households that moved without relocation assistance, the Agency failed altogether to update its survey of those 8 households. See ARAP at 14, 20-22. It updated information only for the 20 residents residing in the Park at the time of the survey. ARAP at 14. It is inadequate for the Agency or its consultants to simply wait until the Agency is contacted by those families. Indeed, when a timely and effective survey is not conducted, the Agency is obligated to locate all eligible persons who have moved so that their needs can be included in the survey and the impact on the housing stock in the community can be more accurately determined. 25 C.C.R. § 6050. Moreover, the Agency must offer such persons all relocation assistance and benefits for which they are eligible and compensate them 6,46 06/02/05 THU 10:12 FAX 760 398 1050 CRLA COACHELLA lih 005 Letter to Frank Spevaeek June 2, 2005 for all costs occasioned by the Agency's failure to provide timely notice and offers of relocation assistance and benefits. Id. D. The analysis of needs fails to analyze or even report the survey responses with respect to the residents' preferences as to the "type of unit". Pursuant to 25 C.C.R. § 6048(c), the Agency is to ascertain the type of unit preferred by the 8 remaining residents that arenot "in escrow". Moreover, the interview form specifically seeks this information. See Exhibit A. Nonetheless, the needs analysis reflects only that 5 of the 8 remaining households reportedly expressed the desire to relocate within La Quinta. ARAP at 19. Although all 8 of these households own their mobile home, the Plan fails to identify whether those households desire to purchase another mobile home, a conventional home, or to rent. ARAP at 12-13. As a result, the survey of available housing resources is deficient because it surveys only "rental" homes within La Quinta and mobile homes that are for sale outside of La Quinta_ 2. THE ANALYSIS OF RELOCATION HOUSING RESOURCES REQUIRED BY 25 C.C.R. § 6048(b)(4) IS INADEQUATE. Like the needs analysis, the analysis of relocation housing resources must be sufficiently detailed to enable determination of the availability of housing which meets the standards set forth in the definition of comparable replacement housing for all potential displacees. 25 C.C.R. § § 6048(bx4), 6052. The analysis of relocation housing resources falls far short. A. The analysis of relocation housing resources fails to address the housing needs of all potential displaced persons. As discussed above, the Agency failed to survey or analyze the housing needs of 8 families that moved from the Park without replacement housing. Likewise, it neglected to identify or analyze sufficient replacement housing resources to address the needs of the 8 "moved" families. In addition, although the Agency partially analyzed the housing needs of the 20 families residing in the Park at the time the ARAP was drafted, it neglected to analyze the replacement housing resources that are available to 8 of the 12 families that are reported to be in escrow to purchase replacement units. ARAP at 08, 12. Only four of those 12 families are reported to have actually closed escrow. Thus, the 8 remaining in escrow are potentially at risk of displacement should their efforts to purchase fail. Thus, the survey and analysis ofrelocationhousing resources fails to complywith 25 C.C.R. §§ 6048(b) and 6052 on this ground alone_ The Agency analyzed the resources purportedly available for only 8 households, rather than a minimum of 24 (8 residents; 8 "in escrow"; and 8 that already moved). Moreover, this significant defect cannot be corrected until the survey is updated to obtain and analyze all information from the missing 16 households. In the absence of a complete, updated survey and analysis of housing resources, the legislative body cannot determine whether sufficient housing resources and funds exist to ensure a comparable replacement home for every person displaced or to be displaced from Vista Dunes. B. The resources analysis fails to address the unit and location preferences of the 8 Park residents that are not in escrow to purchase a home. Section 6052 requires that the survey area must be reasonably related to the displacement area and to the needs and preferences of the persons to be 647 06/02/05. THU 10:13 FAI 760 398 1050 CRLA COACHELLA [a 006 Letter to Frank Spevacek .rune 2, 2005 displaced as set forth in the analysis of needs pursuant to § 6048. As discussed above, the needs analysis is deficient in that it fails to report the residents' preferences as to "type of unit". As aresult, a determination ofwhether the survey area is reasonably related to this resident preference is impossible. Moreover, the Plan identifies only two units located within La Quinta, both of them rentals (one 2-bedroom and one 3-bedroom) and both renting for $1200. See Attachment 1 at 66. A rent of $1200 is three to four times the amount of rent currently charged for space rents at Vista Dunes. See ARAP at 14. As the City's housing element plainly demonstrates, it also is a rent that is outside the reach of the 8 remaining households, all of whom are either extremely low, very low, or low income households. Even a low income family of four can afford no more than $1006 per month for rent and a very low income family no more than $629. See La Quinta Housing Element (September 2004) at 38, Table H-27. Identifying only two rental units in La Quinta that are well out of the affordability range for these 8 families is not reasonably related to the preference of at least 5 families to relocate within La Quinta. C. The survey area is not reasonably related to the displacement area. The survey area must have relevant characteristics as set forth in § 6008(c), and shall be reasonably related to the displacement area 25 C.C.R. § 6052. The analysis ofresources shall include a description ofthe locational characteristics of the survey area neighborhoods corresponding to the requirements of comparable replacement housing. Information must be provided concerning proximity to present employment sources (or with the consent of the displaced person a potential employer maybe substituted), medical and recreational facilities, parks, community centers, shopping, transportation and schools. Information concerning proximity to other relevant needs and amenities also must be addressed to ensure that residents are not incapacitated by the relocation. Here, the locational characteristics of the "comparable replacement units" does not correspond to the locational characteristics of Vista Dunes. Pursuant to the requirement of 25 C.C.R. § 6048, the `needs analysis" of the ARAP describes some of the loeational characteristics of Vista Dunes, including the proximity of the Park to present employment sources, medical and recreational facilities, parks, community centers, shopping, transportation, and schools. ARAP at 12-13. That analysis reflects that, depending on the nature of their employment, Park residents work in La Quinta, Rancho Mirage, Palm Desert, Indian Wells; the Coachella Valley and Moreno Valley. Notably, the Plan does not specify how many of the families work in what industry or in what community in order to evaluate the adequacy of the survey area. See ARAP at 13. Proximity to other relevant needs and amenities is also described in the needs analysis. Specifically, the Plan reflects that Vista Dunes residents enjoy the benefit of 4 urgent care facilities within 5 miles of their home; 1 hospital within 3.5 miles; 2 public parks within walking distance; and public transportation within one-half mile. Id. Of significance to extremely and very low income families with children, the elementary, middle, and high schools are all within one mile of the park, and government offices and other public services are in close proximity. Id. The Agency identifies the survey area for replacement units as including La Quinta, Palm Desert, Rancho Mirage, Indio, Cathedral City and Palm Springs. ARAP at 20. The Plan then lists 65 mobile home units, none of them located in La Quinta or Cathedral City (see Attachment 1), and claims (without identifying which ones) that 35 of the 65 units constitute comparable replacement units for the 8 remaining 06/02/05 THU 10:13 FAX 760 398 1050 _ CRLA COACHELLA Q 007 ,Letter to Frank Spevaccek June 2, 2005 . Park residents. ARAP at 24.' Since the Agency analyzed the locational characteristics of only six of the nine listed parks — Rancho Mirage MH Community, Rancho Palms ME Park, Palm Canyon Mobile Club, Silver Spur, Las Palmas, and Holmes Hot Springs2 (compare Attachment 1 at 64 with Attachment 2 at 67), the 31 "available" units are presumably located within those parks-' Although the Agency concludes that all of these parks have comparable locational characteristics to La Quinta, its analysis does not support that conclusion. Rancho Mirage and Rancho Palms Mobile Home Parks are hardly suitable for lower income families with children. The only high school identified is a private school. Attachment 2. The only identified medical facility is one hospital, whereas Vista Dunes residents have access to 4 medical clinics plus a hospital. Id. Unlike their close proximity to numerous public and government facilities, the onlymunicipal services identified for these parks are onepublic library and one children's museum. Similarly, no public parks are within close proximity to the Holmes Hot Springs or Palm Canyon parks, while Vista Dunes residents. currently have two parks within walking distance. Id. Indeed, no public transportation or any public or municipal services are apparently accessible to Palm Canyon residents. Only one after -school program is noted in the analysis. Id. Silver Spur offers a chaner school as the only apparent elementary school within its locational range, and one medical center. It also is considerably light on government and other services, noting only that a senior center and Planned Parenthood are nearby. Id. Moreover, contrary to the close proximity of schools and commercial shops to Vista Dunes, the Agency admits that commercial shopping is available within 10 miles of the "replacement" parks and schools within five miles. These locational characteristics do not correspond with the characteristics of Vista Dunes. The survey area must be equal to or exceed the characteristics of the neighborhood from which persons are to be displaced. 25 C.C_R. § 6052. Units that do not satisfy the standards of comparable replacement housing, including the locational criteria, may not be counted as a relocation resource. Id. Finally, none of the identified mobile home units are located within La Quinta; no conventional hoaxes for sale are identified anywhere; and only two out -of -reach rental homes were located in La Quinta, The Agency's math is wrong. Table 8 indicates that 31 units (with the requisite number ofbedrooms) were identified to purportedly meet the needs of the 8 remaining households. Id. It also is not clear that "Holmes Hot Springs" identified on Attachment 2 is even the same as "Holmes oasis" listed on Attachment 1 since the names are different and no address is provided on Attachment 1. 3 R is of little value to the persons to be displaced for the Agency to analyze the locational characteristics of the Arabian Garden, Pueblo Del Sol, and Palm Desert parks. See Attachment 2. None of those Parks are included on the "list of 65". See Attachment 1. Since the locational characteristics of the Colony, Sunrise Village, Western Village, Portola Palms, Indian Springs, Magic Waters, Corkill Trailer, Palm Drive, and Sky Haven were not analyzed at all, the 20 units located in those parks cannot be eor►sidered as replacement units. G4.9 06/02/05 THU 10:14 FA$ 760 398 1050 _ CRLA COACHELLA 008 Letter to Frank Spevacek June 2, 2005 despite the preference of Vista Dunes residents to relocate within La Quinta, D. The Agency's conclusion that the 35 [sic] units it "identified" are decent, safe and sanitary is highly suspect. Although the Agency identifies the age, size, sale price, space rent, and location of most of the units on Attachment 1, it makes no effort to evaluate the condition of those homes. The age factor alone would indicate that many of the homes are not suitable. Of the six parks the Agency analyzed, 22 of the units are more than 25 years old and several of them more than 30 years old. See Attachment 1. Given the Agency's determination that the homes in Vista Dunes are unsuitable for rehabilitation given their advanced age, it is unreasonable to identify even older units as comparable replacement housing without careful consideration of their condition. Yet. the Agency's only apparent "inspection" of the units was a `dxive-by". ARAP at 20. Thus, when affordability factors, locational characteristics, and the condition ofunits are considered, it appears that the Agency has identified no "comparable" replacement housing units — either for the 8 remaining residents or the other 24 households it neglected to analyze, Moreover, when it does identify comparable units, it should identify the particular units it claims are comparable (by number such as listed on Appendix 1), so that the Park residents would have the benefit of inspecting and providing meaningful input as to their suitability prior to approval of this Plan. Given the plainly limited supply of replacement housing resources available throughout the area, it is evident that the Agency must "discount" the number of units it claims are available and suitable to account for the 100 Cathedral City households that are concurrently being displaced from a mobile home park. For the same reasons that the Agency determined its survey area was adequate, Cathedral City residents will likely be competing for whatever units may exist. 3. THE PLAN FAILS TO ADEQUATELY EXPLAIN!TIM RELOCATION BENEFITS AND PAYMENTS FOR WINCH RESMENTS ARE ELIGIBLE. A. The Plan unlawfully advises residents that they' must be lawful residents of the United States to be eligible for relocation assistance benefits. Citing solely to 8 U.S.C. § 1621 (an immigration statute), the Agency announces that it will provide benefits only to households that are legally present in the United States. ARAP at 30. It also requires residents to certify that they are or are not lawful residents of the United States, albeit without even identifying the many "lawful" categories those residents may fall into aside from citizenship and resident alien status. Exhibit 2. Nothing in § 1621 prohibits the payment of relocation assistance bene, fits. To the contrary, that statute is applicable to the provision of "public assistance" (i.e., welfare benefits) and certain employment related payments. It does not apply to relocation assistance benefits. Moreover, nothing in the California Relocation Assistance Act, the Community Redevelopment Law, or implementing regulations permits the Agency to unilaterally imply such aprovision. Only those displaced persons enumerated in the CRAA and the regulations maybe denied certain relocation benefits. The Agency's Plan and implementation of the plan must be revised to correct this provision- B. The analysis of relocation benefits and payments is inadequate to advise residents of the amount of benefits to which they are entitled. The Agency's analysis in this respect is little more than a recitation of the law in that it enumerates the category of benefits to which residents may be entitled. 650 06/02/05 THU 10:15 FAX 760 398 1050 CRLA COACHELLA Letter to Frank Spevacek June 2, 2005 fih 009 Although examples area certainly helpful to laypersons in evaluating a complicated formula, the examples provided do little to reflect a realistic view of the relocation package that will be applicable here. The Agency should identify the actual "comparable" sale prices and rents it has applied and will apply, explain the basis therefor, and apply those factors to an example based on incomes, family sizes, unit sizes, and the like that are applicable to this project. For example, using a fadtor of $25,000 as the likely sale price of a replacement mobile home is misleading when the "median" sale price identified by the Agency as a result of its updated survey is $43,500 or $59,450 for 2 and 3-bedroom mobile homes. Compare, e.g., Table 8 with Table 12. Similarly, the Agency's conclusive -determination that nearly $1 million will be required and available to relocate the remaining 8 residents (ARAP at 42) warrants analysis, particularly since the cost is likely to be three times thatwhen the Agency locates, surveys and identifies the housing needs of 16 more households. Since the project is apparently funded exclusively with low and moderate income housing funds and housing bond proceeds, an analysis of the projected annual income of the fund, outstanding indebtedness, and the like should be identified and analyzed to ensure that sufficient funds exist to comply with the Agency's relocation obligations. 4. THE PLAN IS T.NCONSISTENT WITH THE clTY'S HOUSING ELEMENT. (25 C.C.R. §6038(c)). A determination that the Plan is consistent with the Housing Element is required pursuant to 25 C.C.R. § 6038(c). It does not appear that the Agency even considered the Agency's Housing Element in drafting the Plan. Thus, the conclusion that the Plan complies with the Housing Element is unfounded. For example: The Plan says the Vista Dunes Park will be redeveloped With 80 affordable units (ARAP at 08). The Housing Element provides for 82 units to be developed on the Vista Dunes site, and for additional replacement units to be located within another development. The Plan is inconsistent. [Housing Element at pg.118.] • The Plan relies on outdated 2000 census data for demographics. ARAP at 11. The Housing Element, adopted in 2004, reflects a population of 30,452 (not 23,694) in 2003. See Housing Element at pg. 7. Table 1 of the ARAP erroneously implies that the "Vista Dunes Park' is or was 32% Hispanic. See ARAP at 12, [caption of Table 1]. Of course, it is not the entire Census Tract that is or was being .displaced; it is the residents of Vista Dunes. Moreover, as indicated in the Relocation Assistance Plan adopted in May 2004, the residents of the Park that have been and will be displaced is predominately Hispanic —15% White, 78% Hispanic, and 3% Black. (Relocation Assistance Plan (RAP) adopted May 2004 at pg• 10.) Currently, 95% of the Park residents for whom replacement • housing has yet to be provided are Hispanic. The ethnicity of the persons that have and will be displaced and the location of the replacement homes should be carefully evaluated in order to ensure compliance with the Agency's fair housing obligations and the fair housing policies of the City's 65 . 06/02/05 THU 10:15 FAX 760 398 1050 CRLA COACHELLA Q 010 Letter to Frank Spevacek June 2, 2005 Dousing Element. S. SUFFICIENT COMPARABLE REPLACEMENT UNITS FOR THE DISPLACED RESYDENTS MUST BE LOCATED WITHIN LA Q UINTA OR THE PROJECT SHOULD BE TERMINATED. If sufficient suitable housing units ate not available in the community to relocate low and moderate income persons that desire to remain in La Quinta, the legislative body must assure that sufficient land is made available for suitable housing for such persons, so that the Agency can cause the development, rehabilitation, or construction of sufficient units within the community to accommodate the deficiency. Health & Safety Code § 33411.4. "Community" means the City (or other incorporated body or group) that exercises local governmental powers in La Quinta. HSC § 33b02. Pending development of such units (which must occur within three years of displacement), sufficient temporary housing facilities at affordable housing cost must be made available. HSC § 33412. 13 ecause the Agency cannot determine on the basis of its updated surveythat comparable replacement housing, including comparable units located within La Quinta, exists, it may not proceed with any phase of the project that will result in displacement unless it provides such housing. Likewise, if its actions result in displacement without comparable replacement housing having been made available, the Agency must use its funds or funds authorized for the project to provide such bousing. Alternatively, it must terminate or suspend further implementation of the project. We urge the Agency to fully comply with its relocation assistance obligations to minimize the hardship to residents of Vista Dunes, At a minimum, it must ensure that sufficient comparable replacement units that fully meet the needs and preferences of the Park residents are identified and made available to all Park residents prior to any further displacement. Sincerely, tuld =ALV;0_%.1"_LLVI Attoat Law ce: City Clerk, City of La Quinta (via regular mail and facsimile transmission) Department of Housing and Community Development (via regular mail) ATTACHMENT #3 RESPONSE TO COMMENTS RECEIVED FOR VISTA DUNES MOBILE HOME PARK AMENDED RELOCATION PLAN AND ANNUAL SURVEY UPDATE Letter from California Rural Legal Assistance, Inc. ("CRLA"), dated June 2, 2005 Responses to this letter are organized according to the numbering system used in the CRLA Letter. 1. Comments Relating to the Adequacy of the Relocation Needs Assessment Survey. (CRLA Letter p. 1-3.) The introductory comments in the first paragraph of this section of the CRLA Letter do not make specific remarks relating to the Amended Plan. Comment noted. A. Failure to analyze the needs of all persons that have been or will be displaced. This comment states that the Amended Plan's relocation needs assessment (Section II of the Amended Plan) does not analyze the housing needs for "eight (8) households [that] moved from the Park without locating a comparable replacement unit ... indicating only that those households may advise the Agency in the future of their `final destination."' (CRLA Letter at p. 2 (emphasis in original).) The commentator goes on to state that since the Amended Plan `s updated relocation needs survey does not address the needs of these 8 households, allegedly as required by 25 C.C.R. section 6048, the Amended Plan impermissibly defers survey analysis of these households. This comment misunderstands the analysis contained in Section II (which updates the relocation needs survey) of the Amended Plan. First, the 8 households that the commentator is referring to relocated prior to preparing the updated relocation survey for Amended Plan. (See Amended Plan p.14.) In fact, the relocation needs of these 8 households were previously analyzed and included in the May 2004 Relocation Plan relocation needs survey. The Amended Plan clearly states that "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." (Amended Plan at p. 1.) Pursuant to the adopted May 2004 Relocation Plan these 8 households were provided all the appropriate information and assistance, including but not limited to, Notices of Eligibility explaining their benefits with specific dollar amounts they were entitled, referrals to comparable replacement dwellings and other information and advisory services. These 8 households received monetary benefits by means of settlement agreements and received all relocation assistance and payments to which they were entitled. Therefore, the City and Agency have satisfied their obligations under the CRAA. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC G 5 3 Second, the commentator apparently confuses the relocation needs analysis of the remaining 20 Park residents with the statement in the Amended Plan's relocation resource survey section that "[o]f the seventy-two (72) households that have relocated [prior to the Amended Plan] ... [e]ight (8) ... households chose to move out of the Park and indicated that they would advise relocation staff of their final destination." (Amended Plan at p. 14-15.) This statement to which the commentator cites is made in the Amended Plan in connection with summarizing the status of those former Park residents who were relocated pursuant to the May 2004 Relocation Plan. Notably this particular misunderstanding, namely that these 8 households were already analyzed under the May 2004 plan and have long since received relocation benefit payments and relocated, permeates several other comments made by CRLA, which are addressed below. Third, at the time these 8 households received relocation payments from the Agency, these 8 households chose not to provide information to the Agency as to where they were moving and the Agency could not require this information to be provided. Rather, these 8 households notified the Agency that they desired to receive all inclusive relocation benefit payments for relocating. Since the time these households moved, the Agency has made a reasonable effort to locate these households, but has been unable to do so. These households have not informed the Agency of their whereabouts. B. Failure to identify all information required by 25 C.C.R. section 6048. (CRLA Letter p. 2.) The commentator requests that the Amended Plan fully report several items that were included in the survey of relocation needs (as evidenced by the Residential Interview Form attached to the Amended Plan as Exhibit A) but were not independently summarized in the Amended Plan itself. The commentator opines that the failure to fully report the "family size, gender and age of household members" constitutes a deficiency in the Amended Plan. (CRLA Letter at p. 2.) These factors were considered by the Agency and its staff in preparing the Amended Plan (see Amended Plan at p. 7). And these factors are also considered by the Agency's relocation consultant on an individualized basis during the implementation of the Amended Plan. (Amended Plan at pp. 9, 23.) However, the HCD regulations do not require that the Amended Plan itself specifically report and discuss this information. 25 C.C.R. section 6038(b)(3) requires a "written analysis of the aggregate relocation needs for all persons to be displaced as required by section 6048." Similarly, section 6048 subparagraphs (c) and (d) require that the Agency "endeavor to obtain" certain information and the Amended Plan must be prepared in "sufficient detail" to permit the Agency to make a determination that the housing needs analysis meets the standards of comparable replacement housing for all potential displacees. While section 6048(d) of the regulations specifies certain information must be provided in the Amended Plans relocation needs survey, none of the items listed by the commentator are necessary for separate and particularized discussion. The Agency agrees that the items listed by the commentator are important, and these items are encapsulated in the discussion entitled "Survey Results" contained on pages 7 through 12 of the Amended Plan (e.g., discussing the number of children in the Park, family size and overcrowding, income, special needs). However, the detail that the commentator requests is not required by applicable law. The information included in the Amended Plan and the information underlying the Amended Plan is more than sufficient for the Agency to render a determination on the Amended Plan. For instance, factors such as the number of bedrooms needed have been addressed in the Amended Plan's relocation needs survey, school needs have G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC G 5 4 also been identified and household income and its impact on obtaining replacement housing as well the payments that will be made and the budget needed for these costs have all been addressed in the Amended Plan. The commentator cites to no specific evidence that including this information would affect a particular Park resident. Further, the Amended Plan provides for the continued updating of a residents needs. C. Failure to adequately update the Agency's survey of housing needs. (CRLA Letter p. 2.) This comment relates to the purported failure of the Agency to update its relocation needs survey for the 8 households discussed above in Response to Comment I.A. As discussed above, these 8 households were previously included in the May 2004 relocation needs survey and did receive relocation benefit payments. The discussion in the Amended Plan relating to these 8 households was included to merely indicate that their present whereabouts are unknown to the Agency, after a reasonable attempt to locate them. However, they were surveyed for needs and relocation resources in connection with the May 2004 Relocation Plan and they did receive relocation benefit payments as required by state law. As a result, this comment is not relevant to the sufficiency of the Amended Plan. Further, the commentator's citation to 25 C.C.R. section 6050 is misplaced for the simple reason that these 8 households were included in both the initial relocation needs and relocation resources surveys and were paid relocation benefits.t D. Failure to analyze or report the survey responses with respect to type of unit preferences. (CRLA Letter p. 3.) In response to this comment, the Agency notes that the Residential Interview Form (attached to the Amended Plan as Exhibit A) does require the Agency's relocation consultant to ascertain the "type of unit preferred" for each Park resident that is being relocated. This information is used by the Agency and its staff to provide particularized aid to each Park resident. However, the commentator offers no support for its contention that the Amended Plan must itself discuss the "type of unit preferred." This level of specificity is not required by the CRAA or HCD regulations. The discussion and tables contained in Section II of the Amended Plan provide specific information as to (i) the distribution of Park residents as owners and tenants (compared by age), (ii) the current housing size compared to the replacement housing need by number of bedrooms (for both owners and tenants), (iii) the income level of Park residents and (iv) the need of the Park residents for replacement units by bedroom size as compared to affordability. These tables functionally address the commentators concern, which, nonetheless, is not required by the CRAA or HCD regulations. However, to provide further support for the conclusion in the Amended Plan, Agency consultants did obtain this information in the interview process and this information was taken into account in drafting the Amended Plan. A review of the relocation needs survey data for the 8 households that are not currently in escrow with respect to the "type of unit preferred" indicates that 4 households preferred mobile homes, 2 households preferred 1 25 C.C.R. section 6050 requires a public entity to make every effort to locate eligible persons who have moved when a public entity has not conducted a survey in a timely and effective manner. As noted above, the Agency did conduct a timely survey as part of the May 2004 Relocation Plan and the 8 households were included in this survey. Commentator's citation is therefore misplaced. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC 6 J 5 single family residences (one being interested in the City's Silent 2nd mortgage program), one household preferred a mobile home or a single family residence, and one household was non- responsive to unit type. The one household that was renting a mobile home at the Park expressed an interest in purchasing a home in La Quinta. This particular household is now in the process of securing a single family residence in the City of La Quinta pursuant to the City's "Silent Second" mortgage program. In implementing the Amended Plan, advisory assistance will be provided in the form of referrals to assist in providing the type of unit preference. As noted in the plan, maximum benefit determinations will be based on a comparable dwelling unit and in some cases may be increased to make units affordable to a particular household if the facts warrant such treatment. The remainder of this comment relates to available relocation resources and is addressed in Response to Comment 2.B. below. 2. Comments Relating to Relocation Housing Resources. (CRLA Letter pp. 3-6.) The introductory comments in this section of the CRLA Letter do not make specific remarks relating to the Amended Plan. Comment noted. A. Failure to address housing needs of all potential displaced persons. The commentator states that the relocation resources survey (Section III of the Amended Plan) does not analyze "sufficient housing resources to address the needs of the 8 `moved' families." (CRLA Letter at p.3 (emphasis in original).) As noted above in Response to Comments I.A. and 1.C., the Amended Plan is only required to provide sufficient housing resources for households that are Park residents. The 8 households referenced in this comment relocated from the Park prior to the preparation of the Amended Plan and their housing needs and the corresponding relocation resources available to them were taken into account in the May 2004 plan. All of these 8 households were paid relocation benefits pursuant to state law. Therefore, the commentator's comment is misplaced and not relevant to the Amended Plan or any of the 20 Park residents covered by the Amended Plan. HCD regulations do not require that the annual survey updates include information relating to parties that have relocated under the prior plan. (See 25 C.C.R. § 6052 subdiv. (b) ["The survey area shall be reasonably related ... to the needs of the and preferences of the persons to be displaced ...."]; subdiv. (c) [the relocation survey shall "be prepared in sufficient detail to enable determination of the availability for all potential displacees of housing which meets the standards set forth in the definition of comparable replacement housing."].) As noted above, these 8 households chose to take a relocation payment and also chose not to disclose the location to which they were moving. While the Agency and its staff have made reasonable efforts to locate these households, it is not necessary to further analyze these households. The commentator also requests that the Amended Plan include a resources survey for those 8 households that are part of the 12 households identified in the Amended Plan as being in escrow at the time that the Amended Plan was circulated. (Amended Plan at p. 16.) The commentator contends that because these 8 households had not yet closed escrow, and therefore, "are potentially at risk of displacement should their efforts to purchase fail", it is necessary to include G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC 5 6 their needs in the updated survey of relocation resources. (CRLA Letter at p. 3.) As a result, the commentator believes that the relocation resource survey is inadequate. The commentator's comment has been considered. The Amended Plan summarizes the status of these 12 households in connection with available relocation resources. (Amended Plan at pp. 15- 16.) The plan identifies the location of the units for these 12 households and further expressly states that the relocation units are not only comparable but they are superior to these households' dwelling units at the Park. (See Amended Plan at p. 16.) Further, these 12 households chose to move to these locations. It is not within the Agency's authority to second guess the choice of these households to relocate to superior units because the primary purposes of the CRAA and the HCD regulations are to ascertain that there are sufficient available relocation resources, to make displaced residents aware of such resources, and to allow Park residents to chose resources that work best for their preferences. As a result, the Amended Plan summarizes the status of these 12 households and indicates that these households have already located comparable replacement units. This satisfies the CRAA and enables the Agency to determine that there are sufficient comparable replacement units for all remaining Park residents. It is not necessary for the Agency to find "backup" replacement units when these 12 households have already found comparable replacement units. The Amended Plan and the record underlying the Amended Plan provide sufficient detail as to these 8 households to demonstrate that adequate relocation resources are being provided. (Amended Plan at 15-16 [indicating that 7 households are purchasing single family residences and that 5 are moving to mobile homes that exceed the displaced unit in size and amenities].) The Amended Plan further concludes that the 12 households replacement dwellings "are located within close proximity to [] schools, employment, transportation, shopping and medical facilities." (Amended Plan at p. 16.) The commentator has not presented any facts or evidence that contradict these findings. Additionally, the Amended Plan expressly describes that the decision to survey relocation resources for only those 8 households not in escrow was based on the fact that "[a]t this time there is no evidence that these twelve (12) transactions will fail." (Amended Plan at p. 16.) Indeed, as of June 9, 2005, 9 of the 12 households have closed escrow (of which 6 households have vacated the Park, the other 3 are expected to vacate by June 30), 1 household is expected to close on or about June 15 (with vacation planned for June 30), and the remaining 2 households are expected to close escrow on or about June 30 and July 31(these two households are using the City of La Quinta's City Silent 2nd program to purchase single family residences). Further, these 12 households are being provided on -going assistance and are working. directly with relocation staff to affect the purchase of contracted replacement sites. Their needs, their preferences have been addressed. The Amended Plan specifically provides, therefore, that should any escrow fail (and no facts indicate this will occur) there will be no displacement until comparable replacement housing is available. (Amended Plan at p. 16.) The commentator indicates that the Agency should have analyzed relocation resources for 24 households. As noted above, 8 of the households the commentator requests analysis of moved prior to the Amended Plans adoption and were analyzed in connection with the 2004 plan. Further, 12 of the households are presently in escrow, and as described above, are being provided comparable replacement housing. The Amended Plan's update of relocation resources identified comparable replacement housing for the remaining 8 households. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC v J 7 B. Failure to address the unit and location preferences of the 8 Park residents that are not in escrow to purchase homes. (CRLA Letter pp. 3-4.) The commentator's suggestion that the "type of unit" preferred must be independently provided and analyzed is not necessary to make a determination that the survey area is reasonably related to the displacement area and the needs and preferences of the Park residents. As noted above in Response to Comment LD, the discussion in Section II. of the Amended Plan encapsulates the needs, including "type of unit," preferred by the Park residents. The tables and discussion contained in the relocation needs survey update (Section II of the Amended Plan) provides a basis to conclude that the survey area is reasonably related to the expressed relocation needs of the aggregate Park population. In addition to the "aggregate relocation needs" described in the Amended Plan, the Agency and its staff have information in the administrative record that is particular to each Park resident in connection with their individualized needs. These needs were taken into account in selecting the relocation resources resource survey area. (Amended Plan at 13.) Not all Park residents will have similar needs and preferences. For instance, proximity to parks and elementary schools may be important to the preferences of one household, and proximity to hospitals and medical services may be more important to the preferences of another household. The resources identified in the updated survey or relocation resources take all these factors into account but in the end, these resources are independently reviewed by the Agency's relocation consultants with each individual household during the implementation of the Amended Plan. The Amended Plan's relocation survey update section indicates that specific factors were used to identify relocation resources. (Amended Plan at p. 17.) These factors included housing type, tenure and size, as well as other required factors such as "the individual preferences of the displacees. " (Id.) Thus, the Amended Plan already conforms to the commentator's remark. In addition, the personal interviews and continued updating of the information provides the Agency and its staff with current information relating to the Park residents' preferences. The commentator notes that the Amended Plan only located two rental units located in the City of La Quinta. The CRAA does not require that only the City of La Quinta be used to relocate Park residents. Established law demonstrates that a relocating entity is not required to provide housing in the exact location or neighborhood where displaced persons desire. (25 C.C.R.§ 6008(c)(2) [noting that if the displaced person so wishes, the Agency need only take every reasonable effort to locate the person in the same neighborhood].) Further, the basis to determine the suitability of a survey area under the HCD regulations is whether the survey area is "reasonably related" to the needs and preferences of the Park residents being displaced. The Amended Plan at pages 12-13 describes the survey area and the reasons for its selection. Nothing in this portion of the comment provides specific facts or evidence that the survey area, or the reasons underlying its use, is deficient. Nor does the commentator identify particular resident's preferences that the survey area fails to address. The commentator focuses on the fact that 5 of the remaining 8 residents expressed the "hope that they would be able to relocate within the City of La Quinta." (Amended Plan at p. 12.) The Amended Plan does not indicates that these 5 households require that they remain in La Quinta to the exclusion of other locational characteristics. For instance, the informational surveys indicate that location (i.e., relocating in La Quinta) is just one of several factors that a Park resident may consider in determining whether to relocate to a particular comparable replacement housing unit. To the extent that other factors (i.e., proximity to shopping, medical services, schools, size of the unit, age of the unit) may G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC influence a Park resident's decision, it is simplistic to conclude as the commentator does that remaining in the City of La Quinta is a necessary prerequisite to determining that there are adequate replacement resources. (See Govt. Code § 7260(i)(4).) The Agency has noted in the Amended Plan that priority will be given to those residents expressing a desire to remain in La Quinta. (Amended Plan at p. 17.) The commentator also notes that the two single-family rental units identified in the City of La Quinta have a monthly rent of $1,200. The commentator notes exceeds the rental space charged at the Park and purportedly exceeds the ability to pay of the 8 remaining Park residents according the City's 2004 Housing Element Update.2 Therefore, the commentator contends that this rental cost cannot be considered affordable. On this basis the commentator concludes that these rental units cannot be considered comparable replacement housing. In response to this comment, the Agency notes that the CRAA permits the Agency to pay rental differential payments (as part of the relocation benefits) of up to $5,250 so secure comparable replacement housing. However, as noted in the Amended Plan, this is not a maximum cap to the amount a public entity may provide in appropriate circumstances. Government Code section 7272.3 permits the Agency to make relocation payments, including rent differential payments, that exceed the maximum amount authorized by the CRAA. The Amended Plan clearly states that the Agency will use this statutory authorization, as required and necessary, "so that the identified units will be within the financial means of the remaining tenant households." (Amended Plan at 19.) As a result, these rental units are comparable replacement housing because such units would, in fact, be affordable to Park residents if those residents chose to utilize these resources. Therefore, contrary to the comment, these resources are not inconsistent with the Housing Element. In further response, it should be noted that the comment does not provide specific facts indicating that a particular Park resident intends or is interested in moving into these rental units for the purpose of determining whether these units are affordable to a particular resident. Further, it should be noted that these rental units are far superior to the present accommodations of Park residents. C. The survey area is not reasonably related to the displacement area. (CRLA Letter p. 4-6.) The first paragraph in this section contains introductory comments that constitute the commentator's opinion of the legal requirements of the CRAA. This paragraph does not make specific remarks relating to the Amended Plan. Comment noted. This section of the CRLA Letter generally comments that constitute the commentator' on whether the relocation resources identified in the relocation resources survey update "meet or exceed" the locational characteristics of the Park. (CRLA Letter at p. 5.) HCD regulations require that the relocation resources survey area be "reasonably related to the displacement area and to the needs and preferences of the persons to be displaced." (25 C.C.R. 2 Rental units were reviewed because one of the remaining residents rented a mobile home at the Park. However, the one household that was renting a mobile home at the Park expressed an interest in purchasing a home in La Quinta. This particular household is now in the process of securing a single family residence in the City of La Quinta pursuant to the City's "Silent Second" mortgage program. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC § 6052(b) (emphasis supplied).)3 The regulations further require that the survey area "shall have relevant characteristics (see subsection 6008(c)) which equal or exceed those of the neighborhood from which persons are to be displaced." (Id. (emphasis supplied).)4 In turn, subsection (c)(2) of 25 C.C.R. section 6008 (which defines a "comparable replacement unit") states that a comparable unit should be in an area that is not "generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment." (Emphasis supplied.) Thus, exact duplication of the Park's locational characteristics is not required. In this regard, the CRLA's comments suffer from two flaws. First, the comments are based on a mischaracterization of the law. The commentator does not point to any governing case law to support their position that exact duplication is required. As a result, the comments of the commentator are based on unsupported legal opinion. Second, the commentator offers no specific evidence with respect to particular Park residents that such residents are being deprived of replacement housing with similar locational characteristics. Indeed, the purpose of the CRAA is to provide opportunity to displaced residents to obtain comparable replacement units. Inevitably the decision of a Park resident to relocate to a particular location is influenced not only by the unit itself but by the preferences of the resident such that some locational characteristics may be more important to some residents than others. 3 It should be noted that this provision contains an internal conflict in that the survey must be both reasonably related to the displacement area and to the needs and preferences of Park residents. This conflict can be evident when a Park resident expresses a preference to move somewhere with services or other locational characteristics that may not be similar to the displacement area in each and every respect. For instance, in the relocation that occurred prior to this Amended Plan's drafting, several former Park residents expressed a desire to relocate out of state to be near relatives or employment opportunities; others expressed a desire to relocate to Desert Hot Springs (and for this reason, this city was included in the May 2004 plan's resource survey area). (Amended Plan at pp. 13, 14.) In circumstances where Park residents indicated a desire to move to a location that may not be in the survey area or to a location that may not contain all characteristics of the displacement area, the Agency and its staff have weighed the preferences of Park residents above the requirement to be "reasonably related to the displacement area" because in the Agency's opinion it is preferable to try to provide for the Park residents' preferences if resources are available. 4 As noted above, because an individualized review of Park resident's preferences is necessary, in many circumstances the "relevant characteristics" for each Park household differs; as a result, it would be unworkable to prepare a relocation plan that tracks each and every persons preferences. It is not necessary or required for the Agency to prepare a relocation plan for each individual Park resident. (See 25 C.C.R. § 6052(c) ["A written analysis of relocation housing resources shall be prepared in sufficient detail to enable determination of the availability for all potential displacees"] (emphasis supplied).) The clear and plain language of the regulatory dictate and purpose of the relocation resources survey section of the Amended Plan is to provide the Agency and the City with sufficient information in the aggregate to be able to conclude that there are sufficient relocation resources for the 8 Park households that have not yet secured comparable replacement dwellings. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC The specific issues raised by the commentator in this section of the CRLA Letter are dealt with as follows. The commentator indicates that the survey of relocation resources is deficient because it does not specify how many families work in a particular industry or in a particular community. (CRLA Letter at p. 4.) In response to this comment, Agency staff notes that the CRAA and the HCD regulations do not require this level of specificity in the Amended Plan. The survey of relocation resources must by definition be aggregate in nature, with the goal of providing the City and Agency with "sufficient detail to enable determination" that there are available comparable units for all potentially displaced person. (25 C.C.R. § 6052(c).) As noted in the Amended Plan, the Agency obtained information relating to job description and location as part of the interview process for each household that desired to provide the information. And this information was used to create the appropriate survey area. The Amended Plan does reference that the employment of the remaining Park residents is scattered throughout the High Desert, the Coachella Valley and the Moreno Valley. Since the survey area is located entirely within the Coachella Valley, the Amended Plan concludes that replacement housing resources are in "proximity to employment sources." (Amended Plan at p. 16; see 25 C.C.R. § 6052(c) [emphasis supplied].) The Amended Plan therefore contains sufficient detail so that the Agency and the City may determine that proximity to employment is properly dealt with. Additionally, as noted on page 9 of the Amended Plan, the Agency will give attention to individual preferences when selecting comparable replacement housing. Finally, with respect to this particular comment it should be noted that the commentator does not provide any specific information alleging that this issue affects a particular Park resident. The commentator notes that the Amended Plan concludes that 35 of the 65 mobile homes listed on Attachment 1 were identified as comparable replacement dwellings for the 8 remaining Park residents and that none of these units were located within the City of La Quinta or the City of Cathedral City. (CRLA Letter at p. 4.)5 The commentator then states that "since the Agency analyzed the locational characteristics of only six of the nine listed parks[6] — Rancho Mirage MH Community, Rancho Palms MH Park, Palm Canyon Mobile Club, Silver Spur, Las Palmas and Holmes Hot Springs ... the 31 `available' units are presumably located within those parks." (Id. at 5.) 5 The commentator also notes that the resources listed in Table 8 do not add up to 35 units. The commentator notes that these resources add up to 31 units. (CRLA Letter at n. 1.) In clarification to this comment, one -bedrooms are not necessary for the remaining 8 households and therefore the comparable number of units being described in Section III. E. 1. "Mobile Homes — For Sale", should be clarified as follows: "A total of 31 mobile home replacement units for sale were identified in parks located in Indio, Palm Desert, Rancho Mirage and Palm Springs." This clarification of comparable mobile home replacement units for sale is a correction of a minor typographical error does not alter the validity of the survey or the conclusion that the units selected as comparable for the purposes of the Amended Plan. 6 The commentator is incorrect in making this statement. The Agency specifically reviewed locational characteristics for the survey area and particularly for the nine mobile home parks listed on Attachment 2. (See Amended Plan Attachments 3, 4, 5, 6, and 7.) The remaining parks are in close proximity to these parks and therefore they too exhibit similar locational characteristics. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC / These statements do not constitute comments challenging the validity of the survey's identification of relocation resources or the locational characteristics of the survey area. Rather, CRLA's statements appear to request clarification about the location of the replacement housing resources. To provide clarification, the Agency will further explain the conclusion that there are 31 available relocation resources. The updated relocation resource survey was prepared over the course of three months (between December 2004 and March 2005). The Agency located 65 units that were decent, safe and sanitary units in the survey area that are of adequate size and contain the required number of bedrooms for each household, and their rent or purchase levels and location. (Amended Plan at 17.) Comparable replacement housing resources for the remaining residents of the Park was extracted from these 65 units based on the updated survey of relocation needs. (Id.) These 31 units are located in four of the nine mobile home parks described in Attachments 2, 3, 4, 5, 6, and 7 and in Western Village Ranch and Portola Palms. With respect to replacement units identified in the updated relocation resources survey, the following are the comparable replacement units from Attachment 1 used in Table 8: (1) Two - bedrooms: 1 - 4, 6, 10 - 12, 29, 31- 33, 44 - 46, 48 and 49; (2) Three -bedrooms: 7, 8, 19, 25-27, 36, 38, 40,51 and 56 - 59. These units were selected because they were in superior condition than the displaced units, located in areas as good as or better than the displacement area, provided the appropriate bedroom size needed for the remaining 8 households, and were within appropriate price ranges.8 As noted on Attachment 1, 46 of these 65 units are located in the survey area and are detailed in Attachments 2, 3, 4, 5, 6, and 7. 31 of these units were determined to be comparable for the purpose of relocating the remaining 8 households. Thus, contrary to the commentator's statement, the Agency actually reviewed locational characteristics for the entire survey area and for the very parks where the comparable units are located. (Amended Plan at pp. 16, 18.) Additionally, during the updated relocation resources survey preparation, the survey did not disclose any mobile home units available in the City of La Quinta or the City of Cathedral City. This is recognized in the Amended Plan. (Amended Plan at p. 17.) However, as noted in the The commentator suggests that it is improper for the Amended Plan to include the Arabian Gardens, Pueblo Del Sol and Palm Desert parks because "none of these parks are included on the `list of 65."' (CRLA Letter at n. 3.) This statement misconstrues the Agency's obligation. The Agency has an obligation not only to identify available relocation resources but to also to describe a survey area so that the Agency can continuously revise the list of available relocation resources. This permits the Agency to discuss these resources with Park residents pursuant to the relocation assistance advisory program described in the Amended Plan. (See Amended Plan at pp. 23-25.) Thus, the Agency surveyed an area with similar locational characteristics to the displacement area with the goal of both identifying sufficient available resources (which it has done) and locations where resources may become available. (Amended Plan at pp. 16, 17.) The locational characteristics of all the mobile home parks, including the three listed above, were sufficiently detailed in the Amended Plan. (Amended Plan at Attachments 2, 3, 4, 5, 6, and 7.) As the commentator correctly notes, there were no available resources at three of these nine parks at the time the Agency conducted the survey. However, this does not mean that the Agency is prohibited from relying on these parks during the continuous updating of relocation resources pursuant to the relocation assistance advisory program. 8 The median price was incorrectly input into Table 8 and should be lowered to $31,870 for two -bedrooms and $47,678 for three -bedrooms. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC Amended Plan, there are adequate relocation resources that were identified. (Amended Plan at pp. 17-20; Att. 1.) Further, the Agency has a continuing obligation to review the stock of available units in the survey area and to bring newly available units to Park resident's attention. (Amended Plan at p. 17.) The commentator opines that the Agency may not rely on any of the 20 units at Colony, Sunrise, Western Village, Portola Palms, Indian Spring, Magic Waters, Corkill, Palm Drive and Sky Haven parks because no specific locational characteristics for these parks are discussed in the Amended Plan. (See CRLA Letter, n. 3.) This statement constitutes the legal opinion of the commentator and the commentator cites to no case law or other binding authority for its position. In fact, the HCD regulations permit the Agency to rely on any available replacement housing units in a survey area so long as they are comparable replacement dwellings and there is "sufficient detail to enable determination of the availability for all potential displacees." (25 C.C.R. § 6052(c).) Here, the Amended Plan concluded that there are 31 available relocation resources in the survey area of which 7 are located in Western Village Ranch and Portola Palms parks. As noted above, Portola Palms is in close proximity to other parks where a specific locational analysis was conducted; thus, they are appropriate sources of replacement units. Western Village Ranch was included (even though it is relatively far from certain services) because there were three superior units in this park. The Agency's relocation staff concluded that Western Village Ranch may be attractive to some Park residents. Regardless, no Park resident will be required to relocate to a resource that is not comparable to their preferences. Additionally, the Amended Plan provides evidence that the relocation resources survey area has similar locational characteristics to the Park. It is therefore appropriate for the Agency to consider the 20 units in these parks if they otherwise constitute comparable replacement resources). The commentator contests the Amended Plan's conclusion that specific mobile home parks in the relocation resource survey area have comparable locational characteristics. This issue is specifically raised with respect to five parks: Rancho Mirage Mobile Home Community and Rancho Palms Mobile Home Park (with respect to proximity to a public high school, medical facilities and municipal services), Holmes Oasis Hot Springs (with respect to proximity to public parks), Palm Canyon Mobile Club (with respect to proximity to public parks, public transportation and municipal services), and Silver Spur (with respect to proximity to public elementary schools and medical facilities). (CRLA Letter at p. 5.) Notably, the commentator does not raise specific issues as to these park's suitability in relation to a particular household. With respect to the proximity of Rancho Mirage Mobile Home Community and Rancho Palms Mobile Home Park to public high schools, there are several public high schools in proximity to these parks. For instance, Cathedral City High School is less than three miles from these parks. While this distance is farther than the distance of La Quinta High School from the Park (which is approximately .55 miles), school bus transportation is available to all students and would provide adequate transportation. Further, based on the interviews of Park residents it is unlikely that Park residents currently walk %2 mile to attend public high school With respect to the proximity of these parks to medical facilities, the Agency notes that these parks are proximate, if not closer than the Park, to medical facilities. For instance, there are at least two urgent care facilities within 3 miles of these parks and Eisenhower Medical Center is 3 miles away. With respect to G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC public services,9 there are several post offices located between 1 and three miles away from the parks. Michael S. Wolfson Park is located within walking distance (0.25 miles) of the Rancho Mirage Mobile park and is 1.56 miles of the Rancho Palms Mobile Home Park. Additionally, Whitewater Park, which offers lighted tennis courts, two basketball courts and two racquetball/handball courts, an informal play field, picnic facilities, a children's playground, life- sized fire engine and water feature, a recycling drop-off and walking paths with a fitness trail it within approximately 3 miles of these parks. As a result, Agency staff believes that the comments raised by CRLA with respect to these parks do not render the survey area or these parks "generally less desirable." (25 C.C.R. § 6008(c).) With respect to the Holmes Oasis Hot Springs park's proximity to public parks, Agency staff notes that the City of Desert Hot Springs has three city parks. Hot Springs Park is approximately 6 miles from the mobile home park and Sgt. Frank Hodge Park is also approximately 6 miles from the mobile home park. Since other features of this park may also be of interest to Park residents, for instance proximity to schools (which are approximately 1.5 miles), a children's hospital (approximately 4 miles) and shopping resources, there is good reason to include this park. As a result, Agency staff believes that the comments raised by CRLA with respect to this park do not render the survey area or this park "generally less desirable." (25 C.C.R. § 6008(c).) With respect to Palm Canyon Mobile Club's proximity to public parks, there is a city recreation complex less than 3 miles away (which includes an aquatic center and a skateboard park), Mt. San Jacinto State Park less than 3 miles from Palm Canyon, and Ruth Hardy Park is approximately 1.0 miles away from Palm Canyon Mobile Club. With respect to Palm Canyon Mobile Club's proximity to public transportation and municipal services, the park is less than 2 miles from a post office, approximately 3.69 miles from Palm Springs City Hall and its recreation center (the La Quinta City Hall is approximately 3.68 miles from the Park), and public transportation via Sunline Transit Agency is approximately 1.5 miles from the park (at Barista Road and N. Palm Canyon). As a result, Agency staff believes that the comments raised by CRLA with respect to this park do not render the survey area or this park "generally less desirable." (25 C.C.R. § 6008(c).) With respect to the comments relating to Silver Spur's proximity to public elementary schools, George Washington Elementary School is approximately 3 miles away.10 While this distance is farther than the distance of elementary schools from the Park (which is within one mile), school bus transportation is available to all students and would provide adequate transportation should a household with elementary age children select this park. Further, it is unlikely that Park residents currently walk %2 mile to attend public elementary school. This park is also within reasonable proximity to public services as compared to the Park. As a result, Agency staff 9 The commentator does not specify exactly what public services are deficient. to It should be noted that Attachment 5 mistakenly indicates the location of the Silver Spur Park. The precise location is actually approximately 3 miles north on State Route 74 (just north of the Big Horn Country Club) from where it is depicted. As a result, this park is actually closer to services than the map indicates. This constitutes a minor clarification that does not prevent the City or Agency from determining that the Amended Plan is sufficiently detailed with respect to the Silver Spur Park. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC 6 G 4 believes that the comments raised by CRLA with respect to this park do not render the survey area or this park "generally less desirable." (25 C.C.R. § 6008(c).) Finally, it should be noted that the commentator did not identify specific evidence relating to a particular Park household to support the commentator's conclusion that these parks lacked similar locational characteristics. As a result, these comments are basically the unsupported opinion of the commentator. It should be noted that the updated survey of relocation resources describes in aggregate terms that the survey area contains sufficient available relocation resources that are reasonably related to the needs and preferences of the displaced persons and to the displacement area. This permits the Agency to determine that there are sufficient comparable replacement units available for all potential displacees. However, relocation resource selection is made on an individual basis for each household and takes into account the households' preferences as well as locational characteristics. The commentator notes that the Amended Plan's relocation resource survey area is deficient because the locational characteristics do not correspond to the Park in that the replacement parks are approximately 10 miles from shopping and 5 miles from schools. (CRLA Letter at p. 5.) In response to this comment, Agency staff notes that the regulations require that the survey area "shall have relevant characteristics (see subsection 6008(c)) which equal or exceed those of the neighborhood from which persons are to be displaced." (Id. (emphasis supplied).) In turn, subsection (c)(2) of 25 C.C.R. section 6008 (which defines a "comparable replacement unit") states that a comparable unit should be in an area that is not "generally less desirable than the acquired dwelling with respect to ... commercial facilities." Thus, exact duplication of the Park's locational characteristics for shopping and schools is not required. With respect to this comment, the CRLA has not provided any specific evidence or comments relating to a particular relocation resource (other than for the five parks discussed above). The language in the Amended Plan cited by the commentator (which appears on page 16 of the Amended Plan) was taken out of context. The statement was made in connection with making the point that, on an aggregate basis, the relocation resource survey area was similar to the locational characteristics of the Park. In virtually all instances, major shopping is much closer than 10 miles and schools are generally located in close proximity to the replacement resources. In those cases where there is a difference between the distance to public schools, school bus transportation is available to all students and would provide adequate transportation. As a result, the Agency can reasonably determine that the survey area equals or exceeds the displacement area. This is particularly the case since in all instances, it is anticipated that Park residents will be moving to housing that is superior to their present units. Finally, the commentator notes that none of the mobile homes units identified as relocation resources are in the City of La Quinta. (CRLA Letter at p. 5-6.) In response, Agency staff notes that the CRAA does not require that only the City of La Quinta be used to relocate Park residents. Established law demonstrates that a relocating entity is not required to provide housing in the exact location or neighborhood where displaced persons desire. (25 C.C.R.§ 6008(c)(2) [noting that is the displaced person so wishes, the Agency need only take every reasonable effort to locate the person in the same neighborhood].) Further, HCD regulations require that the survey area "be reasonably related" to the needs and preferences of the Park residents being displaced. As noted above, the Agency will do what it can to accommodate those residents indicating a preference to remain in La Quinta if resources are �f5 G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC available. The Agency has and will continue to help Park residents qualify for the City's "silent second" mortgage program to permit qualified households to relocate within the city. D. Identification of 35 comparable replacement units. (CRLA Letter p. 6.) This comment indicates that the comparable replacement housing identified by the Agency may not actually constitute "comparable" units because the Agency purportedly "makes no effort to evaluate the condition of those homes." (CRLA Letter at p. 6 (emphasis in original).) The alleged basis for this remark is the "age factor" of the units, which the comment indicates include 22 units that are over 25 years old and several others that are more than 30 years old. (Id.) Therefore, the comment notes, it is unreasonable for the Agency to conclude these units are satisfactory replacement dwellings. In response to this comment the Agency's process for including replacement units within the relocation resources survey is contained on pages 12 and 13 of the Amended Plan. The Agency's staff and relocation consultant conducted site inspections for all locations and, as required by the CRAA, continue to update the supply of relocation resources. Information gathered for the resources used in the updated relocation resources survey were not merely collected from a list of available units. Contacts with parties involved in the listing was conducted. Specific data and the condition of each unit was ascertained and visual inspection of the unit were conducted. Based on this review a determination was made as to comparability. Those units that do not meet the criteria of comparable replacement dwelling are not considered or included in the 31 units that were identified. Therefore, the commentator is incorrect in stating that no effort has been made to evaluate the condition of the homes. Moreover, the commentator's blanket statement regarding the "age factor alone" of the surveyed units suggests the commentator believes that these units are not suitable,. This reflects a misunderstanding of age criteria as a factor in housing condition. Regular maintenance and upkeep of homes and remodeling can make the effective age of a home "newer" than the actual age. Therefore, using "actual" age as a determining factor as a conclusion for suitability of the surveyed units is not relevant. This comment notes that the Agency should identify each particular unit it claims is comparable. This is not required by either the CRAA or the HCD regulations. HCD regulations require that the relocation resources survey be prepared "in sufficient detail to enable determination of the availability for all potential displacees of comparable replacement housing. (25 C.C.R. § 6052(c).) All specific information required in this survey pursuant to 25 C.C.R. section 6052(c) was provided (i.e., separate treatment of owned and rental units, number of units identified by cost for each size category and resources available to meet the needs of the handicapped and elderly). In all cases, the information in the relocation resources survey identifies the information by the number "needed" and the number "identified" to meet the need. Thus, the Amended Plan provides sufficient detail for the Agency to determine that there are sufficient relocation resources available for the remaining 8 households. Functionally, it is unnecessary for the Amended Plan to identify specific units for each remaining household because this function is fulfilled by the relocation consultants' frequent contact with Park residents, during which the relocation consultants provide up to date information to each household relating to specific relocation resources that are available and meet the needs of that particular household. However, to provide additional information to the Agency and City, the exact comparable units have been identified above. G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC 6 63 6 The commentator notes that the Agency must discount the disclosed supply of relocation resources to account for the 100 Cathedral City households that are concurrently being displaced. (CRLA Letter at p. 6.) This comment has already been addressed in the Amended Plan. The HCD regulations require the Agency to "take into account" this concurrent displacement and discount relocation resources based on concurrent displacement. The Amended Plan does this and addresses this issue on pages 20-21. Notably, the Amended Plan recognized that it was not possible to meaningfully determine which resources identified by the Agency would also be deemed comparable for the Cathedral City displacement. As a result the Amended Plan noted that a meaningful discount figure was totally speculative. It is not reasonable to presume that all 100 displacements in Cathedral City will rely on the exact resources identified by the Agency. For instance, the Cathedral City displacement may have fewer income restricted residents and these residents may qualify for higher relocation assistance amounts based on the value of their mobile homes. These factors would permit the Cathedral City displacees to acquire residences that are not "comparable" in terms of price to those identified by the Agency for the Park residents. Further, the residents in Cathedral City will certainly have different needs vis-a-vis the location of replacement housing to certain resources. For these reasons, and because the Agency had no specific basis by which to predict a discount percentage, the Amended Plan assumed a 25% discount rate. Even applying this rate, the Agency was able to conclude that there were sufficient comparable replacement units. Finally, it should be noted that the Amended Plan was sent to the City of Cathedral City for comment. No comments were received. 3. Explanation of Relocation Benefits and Payments for Which Residents are Eligible. (CRLA Letter pp. 6-7.) A. Advisement relating to lawful residency. (CRLA Letter p. 6.) It is the commentator's opinion that the CRAA requires payment of relocation benefit to any person covered as a displaced person under the CRAA regardless of their immigration status. As noted in the Amended Plan, all persons legally entitled to relocation assistance under the CRAA (and, as applicable, federal law) will be provided relocation benefits. No person in the project has been or will be asked questions regarding legal status. All persons meeting eligibility criteria outlined in California Government Code, Title 1, Chapter 16, Section 7260 et. seq. and California Code of Regulations, Title 25, Division 1, Chapter 6 will be provided relocation assistance and benefits. B. Analysis of relocation benefits and payments is inadequate. (CRLA Letter Pp. 2, 6-7.) This comment relates to the Agency's obligation to provide a "description of the relocation payments to be made (pursuant to Article 3) and a plan for disbursement." (25 C.C.R. § 6038(b)(6).) Comment noted. State law does not require the suggested action contained in this comment. The Amended Plan contains over 5 pages of descriptions relating to the availability and payment of relocation benefits, as required by Article 3 of the HCD regulations (25 C.C.R. § 6080-6114.) No further analysis is required. The commentator also questions the estimated Park closure cost (Amended Plan at pp. 2, 35). HCD regulations require that the Agency provide a "cost estimate of carrying out the plan and G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC U 0^ 7 identification of the source of the necessary funds." The Amended Plan does this and the estimate is based on detailed information in the record underlying this cost estimate. A full recitation of the basis for this estimate in the Amended Plan is not required. Contrary to the commentator's assertion, the cost is not likely to be "more than three times" the estimated cost. This comment is based on the incorrect conclusion that additional surveying is necessary for 16 additional households. As noted above, it is not necessary to locate housing for these 16 households. Eight households were paid all inclusive relocation benefits as part of the relocation effected pursuant to the May 2004 plan. These households have relocated and Agency efforts to locate them have been unsuccessful. The other 8 households are presently in escrow to acquire comparable replacement units and there are no facts indicating that these transactions will fail. As a result, it is not necessary at this time to identify additional relocation resources because these 8 households have already found comparable replacement units and the relocation benefit cost estimate includes these households. 4. Consistency of the Amended Plan with the City's Adopted Housing Element. (CRLA Letter p. 7.) The first paragraph in this section contains introductory comments and does not make specific remarks relating to the Amended Plan. Comment noted. In this section the commentator generally asserts that the Amended Plan is inconsistent with the City's 2004 Housing Element. A. Reference to 82 units in the Housing Element is inconsistent with the proposal to construct 80 units at the Park. (CRLA Letter p. 7.) This comment indicates that the Agency and City cannot make the required consistency finding because the Housing Element indicates that this site is planned for 82 affordable housing units but the Amended Plan only provides for 80 affordable housing units. In responding to this comment, Agency staff notes that the Housing Element's discussion of future affordable housing development constitutes a quantitative discussion of housing goals, not mandatory acts. Inherent in the planning process is the recognition that once site -specific development begins, deviation from the quantitative goals of the Housing Element may occur due to other planning constraints such as compliance with the development standards contained in the City's zoning code and building code. When this occurs, the measure of whether a project is inconsistent with the Housing Element is whether it- substantially complies with the Housing Element's quantitative goals. In this case, the minor deviation between 80 and 82 units not only substantially complies but the deviation exceeds the goals of the Housing Element. The number of units was reduced from 82 to 80 as a result of (i) city building standards and the required setbacks contained in the zoning code and (ii) a policy decision to create more 2 bedroom units by reducing the number of 1 and 3 bedroom units. With respect to this second reason, it should be noted that the actual number of bedrooms in the project has increased despite the reduction in the raw number of units. The original 82 unit plan featured 26 one bedroom, 24 two bedroom and 32 three bedroom units. The new 80 unit plan features 14 one bedroom, 38 two bedroom and 28 three bedroom units. This minor reduction in raw units actually increased the bedroom count by 4 bedrooms. B. Use of 2000 census data. (CRLA Letter p. 7.) 669 G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC The commentator is incorrect to assert that the demographic information, specifically the 2000 census data to provide population, is "inconsistent" with the Housing Element. The Amended Plan notes that according to the 2000 census the population of the City was 23,694. (Amended Plan at p. 4.) The Housing Element indicates that the City's population in 2003 was 30,452. (Housing Element at p. 7.) These numbers are not inconsistent because they relate to different base years, 2000 versus 2003. Further, there is no citation in the Housing Element for the source of this fact. The Amended Plan cites to the Year 2000 Decennial U.S. Census. As a result neither document are inconsistent on this point. Further, the population of the City is not a required feature of the Amended Plan pursuant to 25 C.C.R. section 6038 and does not affect the Agency's or the City's decision in connection with providing relocation benefits or the approval of the Amended Plan. C. Ethnic Makeup Data. (CRLA Letter p. 7.) This comment ostensibly relates to what the commentator considers to be confusing information contained in Table 1 of the Amended Plan. However, this information is not confusing or misleading. The paragraph immediately before the table indicates that the table summarizes the ethnicity of the census tract within which the Park is located. Further, the ethnicity of the Park is described on page 12 of the Amended Plan, in a section entitled `Ethnicity/Language." 5. Sufficient Comparable Replacement Units Must be Located Within La Quinta or the Project Must be Terminated. (CRLA Letter p. 8.) This comment requests that the Agency not proceed with redevelopment of the Park and cites to section 33411.4 of the Health and Safety Code for this position. The commentator misquotes this provision and cites to no controlling case law requiring the Agency to halt development of the affordable housing project in this situation. Section 33411.4 deals with the creation of an equal number of affordable units upon the demolition, destruction or rehabilitation of affordable units. If the displaced persons cannot be placed in housing in the community, then this provision requires that the Agency assure sufficient resources will be available. In some circumstances, this section also states that the Agency "may" direct or cause the development, rehabilitation or construction of housing units; it is not required to do so. Further, the commentator's use of the term "community" for the proposition that all comparable units must be located in the City of La Quinta is not based on any citation to case law or HCD regulation requiring this interpretation. As such, this comment constitutes the legal opinion of the commentator. In fact, Health and Safety Code section 33411.4 does not require the Agency to halt development because the Amended Plan concludes, based on the analysis contained therein and in the record, that there is sufficient comparable replacement housing available. 669 G:\WPDOCS\Documents\Weldon-VDMHP\Response to Comments re Amended Relocation Plan.DOC